[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Notices]
[Pages 7494-7497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4479]



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DEPARTMENT OF DEFENSE
Department of the Navy


Record of Decision for the Establishment of the United States 
Navy Mine Warfare Center of Excellence in the Corpus Christi Bay Area, 
Texas

SUMMARY: Pursuant to section 102(2) of the National Environmental 
Policy Act (NEPA) of 1969 and the Council on Environmental Quality 
regulations implementing NEPA procedures (40 CFR Parts 1500-1508), the 
Department of the Navy announces its decision to establish the Mine 
Warfare Center of Excellence (MWCE) in the Corpus Christi Bay area by 
collocating its Mine Warfare (MIW) and Mine Counter Measures (MCM) 
assets in proximity to each other at Naval Station (NAVSTA) Ingleside 
and Naval Air Station (NAS) Corpus Christi, Texas. The proposed action 
includes new construction at these installations and off-base, use of 
or modification to existing facilities at the installations, and the 
establishment of offshore training and operating areas.
    Congress directed the Navy to establish the MWCE at NAVSTA 
Ingleside in the FY94 Defense Appropriations Act. A Notice of Intent 
(NOI) was published in the Federal Register on November 19, 1993, 
indicating the Department of the Navy would prepare an Environmental 
Impact Statement (EIS) for the establishment of the United States Navy 
Mine Warfare Center of Excellence in the Corpus Christi Bay Area, 
Texas. Two public scoping meetings were held to determine the scope of 
significant issues to be examined in the EIS. The first meeting was 
held on December 7, 1993 in Flour Bluff, Texas, and the second meeting 
was held on December 8, 1993 in Corpus Christi, Texas. A Draft EIS 
(DEIS) was filed with the U.S. Environmental Protection Agency (EPA) 
and distributed to agencies and officials of federal, state, and local 
governments, citizen's groups and associations, media, public 
libraries, and interested parties for review and comments. The Notice 
of Filing and Notice of Public Availability appeared in the Federal 
Register on May 5, 1995. The period of public review and comment on the 
DEIS was from May 5, 1995 through June 19, 1995. Two public hearings 
were held during this period: the first on June 6, 1995 in Flour Bluff, 
Texas, and the second on June 7, 1995 in Ingleside, Texas. Comments on 
the DEIS were received in three forms: (1) Letters, (2) written 
comments received at the public hearings, and (3) oral statements made 
at the hearings. Comments included concerns about habitat impacts, 
terrestrial vegetation impacts, seagrass impacts, mitigation, water 
quality, landuse, wildlife impacts, and surfing impacts. Those comments 
and Navy responses were incorporated into the Final Environmental 
Impact Statement (FEIS), which was filed with the EPA on December 15, 
1995 and distributed for public review.
    Two letters of comments were received during public review of the 
FEIS. The Office of the Governor had no substantive comment and the EPA 
reiterated its ``lack of objection'' rating given on the DEIS.
    The EIS evaluated the reasonable facility alternatives to 
implementing the proposed action in the Corpus Christi Bay area and the 
environmental impacts of the construction, modification, and operation 
of the proposed facilities and establishment of offshore training and 
operating areas. In addition to the various facility alternatives 
discussed in the EIS, a ``No Action'' alternative was evaluated. In the 
``No Action'' alternative, an MWCE would not be established leaving 
assets and facilities spread out at several locations. This alternative 
was eliminated because it would continue to degrade the Navy's ability 
to properly perform its expeditionary warfare mission in support of 
possible contingencies world-wide. This alternative also would not 
comply with Congressional direction.
    New facility construction includes a Magnetic Silencing Facility 
(MSF), required to measure the magnetic signature of MIW ships, to be 
located at a site north of Jewell Fulton Canal near NAVSTA Ingleside. 
The MSF consists of two components: An electromagnetic roll (EMR) 
``crib'' and a ``check'' range. The EMR ``crib'' requires 27 feet of 
water depth, navigable access to the pier, and a turning basin. The 
facility will consist of two parallel timber piers approximately 50 
feet apart and 320 feet long that are 14 feet wide, an instrument 
building, and a generator building. The ``check'' range will consist of 
a Closed Loop Degaussing (CLDG) component built over the ``crib'' with 
minimum modification to the proposed pier configuration to accommodate 
all classes of MIW ships. Dredging of the MSF site will remove 
approximately 450,000 cubic yards (CY) of dredged material. The 50-year 
maintenance requirement could require dredging of approximately 720,000 
CY. Dredge material will be disposed of at Navy's existing upland 
disposal site near the La Quinta Channel area. Dredging of the MSF will 
cause the loss of approximately 3.5 acres of seagrass. The Navy has 
prepared a mitigation plan to compensate for the loss of the seagrass 
area which has been approved in concept by the U.S. Army Corps of 
Engineers (USAEC).
    The Aviation Mine Counter Measures (AMCM) Sled Facility, required 
to train helicopter pilots in the launching and recovery of magnetic 
influenced AMCM sleds, will be located on North Padre Island adjacent 
to the Padre Island National Seashore. The facility will include a 
landing pad, launch ramp, a staging area capable of holding and 

[[Page 7495]]
maintaining the sleds, tiedown capability, maintenance/personnel 
support structure, security systems, and on-site wash rack. Mobile 
fueling capability will be provided for sled operations; however, no 
permanent fueling facilities will be constructed. Construction of the 
AMCM facility at North Padre Island will result in a removal of 
approximately 1.77 acres of ephemeral fresh to brackish wetland swales. 
The Navy will replace the wetlands at a ratio established through the 
permitting process.
    A small craft pier will be constructed near the east end of the 
existing wharf at NAVSTA Ingleside where dredging is not required. The 
pier will be 600-foot by 30-foot, reinforced concrete construction and 
will include utilities. The function of the pier is to accommodate 
utility boats used in support of the mine warfare exercises and other 
assignments. A 32-foot wide concrete launching ramp extending from the 
existing wharf deck located adjacent to the east of the small craft 
pier will also be constructed.
    Administrative Facilities required for the MWCE will be located in 
existing facilities at NAS Corpus Christi and NAVSTA Ingleside. Support 
for two MH-53E Sea Dragon helicopter squadrons will be accommodated by 
modifying existing hangars and support facilities at NAS Corpus 
Christi. New bachelor enlisted housing (approximately 119,130 square 
feet) will be constructed in a vacant site within the Community 
Facilities Area of NAS Corpus Christi to house approximately 722 
enlisted personnel.
    Mobile Mine Assembly Group (MOMAG) Unit Fifteen will use existing 
Hangar 3 (Building 760) at NAS Kingsville for administrative and 
operations space. Explosive Ordnance Disposal (EOD) Mobile Unit Six 
will reside in existing facilities located in the Housing Area to the 
southeast of the hospital at NAS Corpus Christi. An additional 200-foot 
by 50-foot ``drive-through'' building will be required to complete the 
storage needs for EOD equipment. An on-shore explosive pit will also be 
constructed in the southwest section of NAS Corpus Christi near the 
existing skeet/trap range for EOD training purposes.
    Training and operating areas will be established in the Gulf of 
Mexico off North Padre Island, collocated with the AMCM Sled Facility, 
and within Mineral Management Service (MMS) Lease Blocks 732, 733, 734, 
793, 799, and 816. This will include a permanent drill minefield and an 
Ordnance Detonation Area, required for the detonation of practice mines 
using a maximum of 10 pounds C-4 explosive (equivalent to 8 pounds of 
TNT). This area (a one nautical mile by one nautical mile area) is in 
the southeast corner of MMS Lease Block 816. Surface restrictions in 
these areas will be established to allow for both daily MIW training 
and quarterly integrated training.
    In selecting the preferred facility and operating site locations, 
various alternatives were considered with respect to environmental 
impacts, as well as other factors including cost. The evaluation 
criteria included a location's ability to meet a best balance of 
project need, physical, biological, and socioeconomic impacts. A brief 
summary of the alternatives considered and their rational for the 
selection follows:
    Six alternative sites in the coastal bend area of Texas were 
considered for the location of each of the two components (``crib'' and 
``check'' range) of the MSF. Because one of the operational 
requirements of the MSF is for the ``check'' range to be visible from 
the EMR ``crib'' instrumentation, a two step evaluation was used to 
select the site(s) for the two components. The initial step consisted 
of the evaluation of the six EMR component sites followed by the 
evaluation of the ``check'' range component sites which were 
operationally acceptable (visible) to the EMR. One EMR site was 
initially eliminated because it was outside of the acceptable operation 
distance for MCM-type ships and a second was eliminated because it did 
not provide access to the Gulf. The chosen EMR alternative (Jewell 
Fulton Canal) was selected because it represented the least potential 
adverse impacts to the environment. Once the Jewell Fulton Canal site 
was selected for the location of the EMR component, the CLDG component 
was determined to the most acceptable ``check'' range alternative 
because it required no additional dredging and limited adverse impacts 
to bay waters.
    The only site considered for the small craft pier was NAVSTA 
Ingleside because it already provides existing Navy homeport and 
support facilities unavailable at any other locations in the Corpus 
Christi Bay area.
    Five alternatives initially were considered for the AMCM facility; 
of these, three were determined to be operationally unacceptable and 
one had the potential for major environmental impacts. The launch-from-
a-ramp facility located on the beach was judged to be the most feasible 
alternative. The beach launch alternative considered three sites, of 
these the North Padre Island site was determined to be the most 
operationally acceptable and would cause the least potential impact to 
the environment and public.
    For the MOMAG facility, three sites other than the chosen NAS 
Kingsville site were considered: NAVSTA Ingleside, NAS Corpus Christi, 
and government facilities in San Antonio, Texas. NAS Kingsville had 
available administrative and operations space which could meet space 
requirements without new construction and also had existing support 
facilities.
    Only NAS Corpus Christi had available space to meet EOD 
administrative and on-shore explosive pit requirements in acceptable 
landuse areas.
    Three alternative sites were considered for the Very Shallow Water/
Littoral Training Area: San Jose Island, Mustang Island, and North 
Padre Island. San Jose Island and Mustang Island were eliminated 
because these two sites contain enough impediments (navigation 
fairways, oil and gas pipelines, offshore platforms, and/or areas of 
heavy beach usage by the public) to make the areas operationally 
unacceptable. Thus, the North Padre Island site was selected as the 
location for the Very Shallow Water/ Littoral Training Area.
    All five of the areas considered for the Medium Water Depth 
Training and Operating Areas met the evaluations criteria (within 
reasonable operational distances and in areas of minimal or non-
existent finfish habitat). The three chosen sites (MMS Lease Blocks 
793, 799, and 816) were selected because they are adjacent to each 
other, making operations more convenient, and are currently unleased. 
The only areas considered for the Deep Water Training and Operating 
Areas were MMS Lease Blocks 732, 733, and 734. They were the only 
unleased deep water blocks within acceptable distances which met the 
criteria of having minimal or non-existent finfish habitat.
    All practicable means to avoid or minimize environmental impacts of 
these facilities and operating areas have been adopted. Activities have 
been located in existing buildings as much as practicable, with some 
buildings requiring rehabilitation/remodeling. New facilities have been 
sited after extensive alternatives analysis, and the chosen sites 
result in the least environmental impact of the reasonable 
alternatives.
    Impacts to water quality, air quality, benthic organisms, marine 
and natural resources will briefly occur during dredging and dredged 
material disposal activities and the various facility 

[[Page 7496]]
construction activities. However, these short-term impacts are not 
considered significant within the context of the over-all project area 
and with implementation of specific construction measures described 
herein and in the EIS. Generally, construction of the various proposed 
facilities will incorporate erosion control measures consistent with 
the requirements of the National Pollution Discharge Elimination System 
(NPDES) General Permit for Construction Activity. Where necessary, a 
Notice of Intent (NOI) will be submitted to the EPA for any proposed 
facility which exceeds five acres of construction area. This process 
will include the preparation and implementation of a Storm Water 
Pollution Prevention Plan. All open portions of sites will be 
landscaped and revegetated following construction. During construction, 
noise-producing activities will be generally conducted during normal 
operating hours to limit disturbance and annoyance. During dredging and 
disposal of dredged material, the best available equipment and 
techniques will be used to minimize the quantity and area of 
distribution of suspended sediments. Dredging plans will be formulated 
to meet the requirements of the Federal Water Pollution Control Act 
(Clean Water Act) and necessary permits.
    In accordance with Section 10 of the Rivers and Harbors Act of 1899 
and Section 404 of the Clean Water Act, all required permits from the 
USACE to perform work in navigable waters of the United States and for 
the placement of fill material in waters of the United States will be 
obtained prior to construction and operation of the proposed 
facilities. In addition to the submission of permit applications to 
allow work in jurisdictional waters, a permit application will be 
submitted to the USACE to establish surface restricted areas to allow 
for offshore training and operating in accordance with 33 CFR 334, 
Danger Zone and Restricted Area Regulations.
    In accordance with the Coastal Barrier Resources Act of 1982, the 
U.S. Fish and Wildlife Service has determined that the construction of 
the proposed AMCM sled facility on North Padre Island qualifies for an 
exception under Section 6(a)(4) of that Act; that is, military 
activities essential to national security. In addition to the Coastal 
Barrier Resources Act, the proposed beach site is covered under the 
Texas Open Beaches Act. The policy of the State of Texas is that the 
public shall have free and unrestricted access to state-owned beaches. 
Section 61.022 of the Act provides an exemption for lawful structures 
authorized by the Constitution or laws of the state or the United 
States. The Navy will coordinate with the local county government, the 
Texas General Land Office, and the Office of the Attorney General 
consistent with the Texas Open Beaches Act when acquiring beach front 
property and before construction of the ramp facility.
    In compliance with the National Historic Preservation Act, 
potential impacts to cultural resources have been evaluated at the 
proposed sites. No sites listed on the National Register of Historic 
Places, outside of NAS Corpus Christi and NAS Kingsville, exist in the 
proposed area of operations. Any alterations of historic properties at 
either NAS Corpus Christi or NAS Kingsville, above or beyond normal 
maintenance, for proposed facilities will be consistent with existing 
cultural resources management plans and Section 106 of the National 
Historic Preservation Act. Underwater anomalies were identified at the 
proposed Jewell Fulton Canal EMR ``crib'' site and a single anomaly, 
which would be avoided during construction, near the proposed AMCM sled 
ramp. In the event that construction would disturb the anomalies, 
additional investigations to establish signature identity and determine 
potential National Register eligibility would be performed. The State 
Historic Preservation Office concurs with this procedure.
    To ensure compliance with the Endangered Species Act and Marine 
Mammal Protection Act during training and operations, a Memorandum of 
Agreement between the National Marine Fisheries Service and the 
Department of the Navy is being finalized to implement a mitigation 
plan that would incorporate visual and electronic surveillance before, 
during, and after each planned detonation activity.
    Impacts associated with the relocation of 9,697 personnel (both 
military and dependents) have been addressed and coordinated with state 
and local governments and agencies. A Navy housing study has projected 
that there will be a shortfall of affordable one- and two-bedroom 
family housing units. This projected deficit in one- and two-bedroom 
units will be particularly acute among junior enlisted personnel. The 
Secretary of the Navy has solicited proposals from qualified private 
developers interested in forming a limited partnership to develop, 
maintain, and manage a family housing project in which a maximum of 400 
units of affordable housing will be made available to Navy families on 
a preferential basis.
    Approximately 2,926 school age children are expected to move into 
the area. The Corpus Christi School District is expected to have the 
largest influx of approximately 1,201 school age children; however, 
this increase represents less than three percent of its present 
enrollment and only half of its available additional capacity. The 
Flour Bluff School District, which is projected to experience an 
increase of approximately 677 school aged children, is expected to 
experience the greatest impact because of its small size, proximity, 
and current crowded conditions. However, planning for 24 new buildings 
to provide additional capacity is now underway. This is expected to 
resolve overcrowding concerns for the next five years.
    Pursuant to Executive Order 12898, Environmental Justice, potential 
environmental and economic impacts on minority and low income 
populations and communities were assessed. No disproportionate 
concentrations of minority or low income populations were identified in 
the area of impacts of the various facilities and operations. 
Additionally, the Navy has ensured that opportunities for community 
involvement (including minority and low income individuals and 
populations) in the NEPA process have been provided.
    There are adequate utility capacities in the region to support the 
establishment of the MWCE. Potable water use in the region would 
increase about four percent through the turn of the century as a result 
of the establishment of the MWCE. Additional discharges to area 
wastewater treatment plants from proposed MWCE facilities is not 
expected to exceed facility capacities. Community support, such as 
police and fire protection, must be increased to accommodate the new 
residents; however, this is not expected to impose a significant burden 
on the communities.
    Questions regarding the Environmental Impact Statement prepared for 
this action may be directed to: Commanding Officer, Southern Division, 
Naval Facilities Engineering Command, P.O. Box 190010, North 
Charleston, South Carolina 29419-9100 (Attention: Mr. Will Sloger, Code 
064WS), telephone (803) 820-5797.


[[Page 7497]]

    Dated: February 21, 1996.
Duncan Holaday,
Deputy Assistant Secretary of the Navy (Installations and Facilities)
    Dated: February 21, 1996.
M.D. Schetzsle,
LT JAGC, USNR, Alternate Federal Register Certifying Officer.
[FR Doc. 96-4479 Filed 2-27-96; 8:45 am]
BILLING CODE 3810-FF-P