[Federal Register Volume 63, Number 110 (Tuesday, June 9, 1998)] [Notices] [Pages 31453-31455] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-15328] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Navy Record of Decision and General Conformity Determination for Realignment of E-2 Squadrons From Marine Corps Air Station (MCAS) Miramar, California AGENCY: Department of the Navy, DOD. ACTION: Notice of Record of Decision. ----------------------------------------------------------------------- SUMMARY: The Department of the Navy, after carefully weighing the operational, environmental, and cost implications of relocating E-2 aircraft from MCAS Miramar to other Naval installations, announces its decision to realign four E-2 squadrons to Naval Air Weapons Station (NAWS) Point Mugu, California. FOR FURTHER INFORMATION CONTACT: Ms. Kelly K. Knight, Southwest Division, Naval Facilities Engineering Command (Code 553.KK), 1220 Pacific Highway, San Diego, CA 92132, telephone (619) 532-2456. SUPPLEMENTARY INFORMATION: The text of the entire Record of Decision is provided as follows: The Department of the Navy (DON), pursuant to the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687), section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4331 et seq.), and the regulations of the Council on Environmental Quality that implement NEPA procedures (40 CFR part 1500-1508), hereby announces its decision to realign 16 E-2 aircraft, relocate 988 military and civilian personnel with their families, expand and construct facilities to support aircraft and personnel, and provide associated training functions at Naval Air Weapons Station (NAWS) Point Mugu, California. The realignment to NAWS Point Mugu was identified as the Preferred Alternative in the Final Environmental Impact Statement (FEIS). To support the additional personnel and operation and maintenance of the E-2 aircraft, eight construction projects, primarily consisting of modification or expansion of existing facilities, are required at NAWS Point Mugu. Realignment of the E-2 squadrons will increase aircraft operations at NAWS Point Mugu. However, as these E-2 squadrons will continue to use the E-2 training ranges, including the Southern California Operations Area, there will be no increase in aircraft operations on the ranges. Pursuant to section 176(c) of the Clean Air Act (42 U.S.C. 7476(c)), the DON has determined that the realignment of the E-2 aircraft to NAWS Point Mugu conforms to California's State Implementation Plan for Ventura County. There were no comments on the draft conformity determination published as Appendix D to the FEIS. The final conformity determination is being distributed concurrent with the ROD. Realignment of the E-2 aircraft and operational functions will begin in July 1998 and should be completed in January 1999. Background The 1993 Defense Base Closure and Realignment Commission (BRAC) recommended the realignment of MCAS El Toro and MCAS Tustin to NAS Miramar. The Commission also recommended that the squadrons and related activities at NAS Miramar would move to other naval air stations, primarily NAS Lemoore and NAS Fallon in order to make room for the relocation of MCAS El Toro squadrons. In 1995, the BRAC Commission revised the 1993 BRAC Commission recommendations as follows: ``Change the receiving sites for squadrons and related activities at NAS Miramar specified by the 1993 Commission (BRAC Commission 1993) from NAS Lemoore and NAS Fallon to other naval air stations, primarily NAS Oceana, Virginia, NAS North Island, California, and NAS Fallon, Nevada.'' As the 1995 BRAC Commission did not recommend realignment of NAS Miramar aircraft to a specific base, the DON conducted a multi-stage screening process to identify reasonable and feasible alternatives for realignment of Pacific Fleet E-2 aircraft to a west coast Naval air station. Other Navy aircraft stationed at NAS Miramar have already been realigned under separate NEPA actions. Process A Notice of Intent was published in the Federal Register on May 1, 1996, announcing that the DON would prepare an Environmental Impact Statement (EIS) which would analyze the environmental effects of the E- 2 realignment and associated facilities construction. The DON published a Notice of Availability of the Draft EIS (DEIS) in the Federal Register and local newspapers on November 21, 1997. Three public hearings were held in the cities of El Centro, Oxnard, and Lemoore, CA, between December 8, and December 10, 1997, to solicit comments on the DEIS. A total of 30 individuals, agencies, and organizations submitted written comments on the DEIS. The FEIS addressed all oral and written comments. The DON published a Notice of Availability of the FEIS and a draft Final CAA Conformity Determination in the Federal Register and local newspapers on April 17, 1998. The DON received 13 comment letters during the 30-day public review period. Substantive comments are addressed later in this ROD. Alternatives Considered The DON conducted a screening process, based upon criteria set out in the DEIS, to identify a reasonable range of alternatives that would satisfy the [[Page 31454]] Navy's purpose and need. Based upon that screening process, the DON analyzed the environmental impacts of the realignment and associated construction at NAWS Point Mugu, NAS Lemoore, and NAF El Centro. Although initially identified as a potential realignment location, NAS North Island was eliminated from further consideration in recognition of Clean Air Act requirements associated with the Marine Corps realignment to MCAS Miramar. The DON evaluated operational, logistical, and personnel requirements, environmental impacts and costs at each of the alternative locations. Based upon this comparative analysis, the DON identified NAWS Point Mugu as the preferred alternative. The environmentally preferred alternative is the realignment of E-2 assets and personnel to NAS Lemoore because all impacts, other than those to schools, would be less than significant. Impacts to schools would be significant but mitigable if the schools system successfully competed for federal impact aid payments. Environmental Impacts The DON analyzed the potential impacts of the proposed action at NAWS Point Mugu (Preferred Alternative), NAS Lemoore, and NAF El Centro for effects on biological resources, hydrology/surface water quality, land use and airspace, socioeconomics, traffic and circulation, air quality, noise, aesthetics and visual resources, utilities and services, cultural resources, public health and safety, and hazardous materials and wastes. The DON also considered whether the proposed action would be consistent with federal policies addressing environmental justice and environmental health risks to children. This Record of Decision focuses on the significant impacts that will result from realignment of the E-2 aircraft to NAWS Point Mugu. The Preferred Alternative creates the potential for significant impacts on air quality, schools, and cultural resources at NAWS Point Mugu. Impacts on all other resources or functions analyzed in the FEIS were less than significant. Air Quality Emission sources under DON control will result in incremental emission increases that exceed the 25-ton-per-year de minimis threshold for ozone precursors (reactive organic compounds and nitrogen oxides) in Ventura County. The DON completed a conformity determination under section 176(c) of the Clean Air Act and EPA's implementing regulations demonstrating that the projected increases in emissions of ozone precursors conforms with the State Implementation Plan (SIP) for Ventura County. Significant reductions have occurred in activity levels at NAWS Point Mugu since 1990 that are not reflected in the emission forecasts used in the 1994 ozone SIP for Ventura County. Thus, actual emission reductions at NAWS Point Mugu between 1990 and 1996 can be considered surplus emission reductions that have not already been used in the SIP for demonstrating attainment of the federal ozone standard. Since actual post-1990 emission reductions at NAWS Point Mugu exceed the actual emissions associated with the E-2 realignment action, emissions at NAWS Point Mugu will remain within the emission budgets contained in the 1994 ozone SIP for Ventura County. Additionally, growth allowances included in the regional air quality plan accommodate most, if not all, of the remaining emission increases. As part of this realignment decision, I approve the CAA Conformity Determination included in Appendix D of the FEIS. Schools Approximately 116 school children will be added to Ventura County schools in 1998-99 with the realignment of the E-2 squadrons to NAWS Point Mugu. Another 37 school children from support activities will be added to Ventura County schools in 1999-2000. All affected schools in Ventura County are operating over design and expansion capacity, therefore even this small increase in student population will exacerbate the existing adverse situation. Cultural Resources Prehistoric subsurface deposits which are potentially eligible for the National Register of Historic Preservation may be disturbed or destroyed during construction activities at NAWS Point Mugu. Mitigation Schools School districts may be eligible for federal funding which aids local school districts in the education of military children. Schools must apply for impact aid, and funds are paid directly by the Department of Education. the DON will assist, to the extent practicable, affected schools in their pursuit for federal impact aid. Implementation of this mitigation may reduce the level of impact to one that is less than significant. However, mitigation may not fully compensate school districts for the cost of education. Cultural Resources Any contract, lease, or permit for construction at NAWS Point Mugu in conjunction with the implementation of the proposed action will include a requirement to halt work in the event of a discovery of archaeological materials. In such an event, the Contracting Officer will be notified immediately, and the NAWS Point Mugu archaeologist will document and evaluate the resource before work in the discovery area continues. Implementation of this mitigation measure will reduce the impact to a less than significant level. Response to Comments Received Regarding the Final Environmental Impact Statement The DON received comments on the FEIS from two federal agencies, two state agencies, six local agencies, two citizen groups and one individual. Substantive comments are addressed below. General The Environmental Protection Agency requested more details on the baseline conditions at the Naval activities. The FEIS provided sufficient information to allow the decision maker and the public to identify the impacts of the proposed action. Traffic/Circulation One commenter stated the DON must pay a local Traffic Mitigation Fee for cumulative traffic impacts within Ventura County. The DON has no legal authority to pay this fee. Noise One commentor requested that DON conduct noise monitoring in adjacent communities. The noise modeling analyses presented in the FEIS are based on standard procedures widely used for commercial and military airfields. These procedures have been validated and are sufficient to predict the resultant noise levels in the NAWS Point Mugu vicinity from the additional aircraft operations. Utilities and Services One commentor expressed concern that the potential impacts to schools would be completely mitigated by federal payments to the school districts. The U.S. Department of Education (DOE) is the federal agency responsible for providing funds to school districts who educate large numbers of military children. [[Page 31455]] It is reasonable to expect that DOE will provide a portion of the cost for the military children's education. The precise dollar amount of the impacts cannot be calculated until the students are actually enrolled in the schools and the school district files an official application to DOE for receipt of impact aid funds. Public Health and Safety One commentor expressed concern that during Santa Ana wind conditions, the accident potential over the cities of Oxnard, Camarillo, and Port Hueneme would increase. The Air Installation Compatibility Use Zone Program included Santa Ana conditions in the calculations for the Accident Potential Zones (``APZs'') shown in the FEIS. The APZs identified for Runway 03/21 mainly encompass agricultural land with the exception of the Naval Air Mobile Home Park. Hazardous Material and Wastes One commentor expressed concerns regarding the proportional increased risk of fuel spills from E-2 aircraft fuel handling. Spill prevention is an inherent part of NAWS Point Mugu fueling operations. All personnel who handle hazardous materials and wastes participate in a quarterly training update and are provided specific spill response guidance for their work areas. Conclusions In deciding where to realign E-2 aircraft from MCAS Miramar, I considered the following: the 1995 BRAC Commission recommendations; E-2 operational requirements; costs associated with construction of facilities, operation and maintenance of aircraft, and training of personnel; environmental impacts; and the comments received during the DEIS and FEIS review periods. After carefully weighing all of these factors, I have decided, on behalf of the Department of the Navy, to direct realignment of four Pacific Fleet E-2 squadrons to NAWS Point Mugu. Environmental impacts are slightly more than the NAS Lemoore and NAF El Centro alternatives; however, the NAWS Point Mugu alternative is operationally preferred because of close proximity to operating areas, is the least expensive alternative and it fully uses excess capacity at NAWS Point Mugu. Implementation of the Naws Point Mugu alternative will result in significant but manageable impacts to air quality and schools. Potentially significant adverse impacts to cultural resources will be mitigated to less than significant levels. The DON will implement the mitigation measures identified in this Record of Decision. Dated: June 2, 1998. Duncan Holaday, Deputy Assistant Secretary of the Navy (Installations and Facilities). [FR Doc. 98-15328 Filed 6-8-98; 8:45 am] BILLING CODE 3810-FF-M