[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Notices]
[Pages 50216-50218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25179]
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DEPARTMENT OF DEFENSE
Department of the Navy
Record of Decision for the Transfer and Reuse of Naval Weapons
Industrial Reserve Plant, Calverton, New York
AGENCY: Department of the Navy, DOD.
ACTION: Notice of Record of Decision.
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SUMMARY: The Department of the Navy, after carefully weighing the
environmental implications of transferring Naval Weapons Industrial
Reserve Plant (NWIRP) Calverton out of Navy ownership, announces its
decision to transfer the property to the Town of Riverhead, NY; the New
York State Department of Environmental Conservation (NYSDEC); and the
Department of Veterans Affairs.
FOR FURTHER INFORMATION CONTACT: Mr. Bob Ostermueller, Northern
Division Naval Facilities Engineering Command (Code 202.2), Mail Stop
82, 10 Industrial Highway, Lester, PA 19113, telephone (610) 595-0759.
SUPPLEMENTARY INFORMATION: The text of the entire Record of Decision is
provided as follows:
Pursuant to Public Law (PL) 103-C337 and 104-106, Section 102(2)C
of the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4331
et seq.) and the Council on Environmental Quality Regulations for
implementing NEPA procedures (40 CFR 1500-1508), the Department of the
Navy (Navy) announces its decision to transfer the Naval Weapons
Industrial Reserve Plant Calverton (NWIRP Calverton) to the Town of
Riverhead, NY; the New York State Department of Environmental
Conservation (NYSDEC); and the U.S. Department of Veterans Affairs
(VA). The transfer and subsequent reuse of these properties will be
consistent with the preferred alternative as described in the Final
Environmental Impact Statement (FEIS) prepared for this action.
Background
The transfer of this property has been authorized by two acts of
legislation. Under PL 130-C-337, ``the Secretary of the Navy may
convey, without consideration, to the Community Development Agency of
the Town of Riverhead, all right, title, and interest of the United
States in and to a parcel of land, and improvements thereon, consisting
of approximately 2,900 (2,923) acres and comprising a portion of the
Naval Weapons Industrial Reserve Plant, Calverton, New York''. Also,
the legislation allows for the transfer of the remaining 3,137 acres,
consisting of flight operations buffer zones, to the NYSDEC. Under PL
104-106, ``the Secretary of the Navy may transfer, without
reimbursement, to the administrative jurisdiction of the Secretary of
Veterans Affairs a parcel of real property consisting of approximately
150 acres located adjacent to the Calverton National Cemetery,
Calverton New York, and comprising a portion of the buffer zone of the
Naval Weapons Industrial Reserve Plant, Calverton NY''.
Alternatives Considered
The Navy considered three alternatives for reuse of the 2,923 acres
of NWIRP Calverton and a no action alternative where the 2,923 acres
would be retained as federal property. The transfer of 3,137 acres to
the NYSDEC and the transfer of 150 acres to the VA are components of
each of the three reuse alternatives. The transfer of 3,137 acres is
not a component of the no action alternative and transfer of this
property to the NYSDEC and the transfer of 150 acres to the VA are
independent of the decision to transfer the 2,923 acre parcel to the
Town of Riverhead.
Transfer of the property to Riverhead, and its subsequent
implementation of the Calverton Enterprise Park Reuse Plan, the
preferred reuse alternative, would result in the development of a
multi-use enterprise park with a core industrial complex and a limited
industrial air park, with other uses including a theme park and
attractions; commercial recreation; family entertainment center;
stadium; golf course; and open space. The 3,137-acre flight operation
buffer zones would remain in their natural (undeveloped) state and
would be transferred to the NYSDEC.
The second reuse alternative is the Calverton Enterprise Park/
Raceway Alternative. This alternative would retain many of the land
uses of the preferred alternative with the most significant difference
being that an automobile raceway complex of approximately 808 acres
would replace the airport (835 acres). The automobile raceway would
occupy much of the terrain as the airport proposed in the reuse plan.
This alternative retains the industrial business park use and the
existing 10,000 ft runway.
The third reuse alternative is the Peconic Village Alternative and,
although this alternative includes some of the land use features of the
other two alternatives (the industrial business park, hotel conference
center, golf courses and open space), the site would be developed
primarily as an age-restricted residential community containing an
estimated 688 units of assisted living and 1,350 units of senior
housing to accommodate a total of 2,889 residents. Approximately 260
acres of new buildings and paved areas would be expected. Combined with
existing development, it is estimated that a total of 690 acres would
be developed as buildings and/or paved areas.
Navy also evaluated a no action alternative that would leave the
property in caretaker status with the Navy maintaining the physical
condition of the property, providing a security force, and making
repairs essential to safety.
[[Page 50217]]
Environmental Impacts of the Preferred Alternative
There are no direct environmental impacts related to the transfer
of the property. This ROD focuses on the indirect environmental impacts
that would likely result from the Town of Riverhead implementing the
preferred alternative plan. The development of the Enterprise Park
which has been estimated to occur over a 20-year period, will result in
significant new vehicular traffic in the region. Over 42,000 daily
vehicular trips are expected, a significant increase over the amount of
daily traffic generated at NWIRP Calverton prior to its closure in 1994
(2,820 daily trips). Roadway improvements will be necessary to
accommodate this increase in traffic and are expected to be undertaken
by the local and state governments as the need arises.
Similarly, the increase in traffic following development of the
Enterprise Park will result in higher noise levels, particularly in the
late evening hours. The higher noise levels will exceed Federal Highway
Administration standards for certain locations. Expected noise levels
from aviation uses at the Park will not be significant because the
level of aviation activity will be low.
Construction of a new sewage treatment facility and extension of a
potable water supply will be required to meet the utility demands of
the Enterprise Park development. There will be a loss of vegetation and
habitat as new development is added to the Enterprise Park. Wetlands
are located on the site and may be impacted by new development.
However, any new construction that may impact wetlands must comply with
appropriate federal and state regulations governing development in or
near wetlands.
There are three eligible historic buildings and several sites of
archeologically sensitive land at NWIRP Calverton. The Navy, the New
York State Historic Preservation Office (SHPO), and the Advisory
Council on Historic Preservation (ACHP) have signed a Programmatic
Agreement (PA) that will protect these resources.
The expected fiscal impact, after the 20-year development period,
will result in estimated annual employee earnings of approximately $140
million. Over 6,200 direct and indirect jobs will be created and local
tax revenues are predicted to be about $19 million annually.
In accordance with Executive Order 12898, Federal Actions to
Address Environmental Justice in Minority Populations and Low-Income
Populations, the indirect effects of the proposed transfer and reuse
are not expected to cause disproportionate adverse environmental or
economic impacts specific to any groups or individuals from minority or
low-income populations residing in the region. All populations will be
affected equally and in the same manner by the proposed action.
Mitigation
Implementation of the decision to transfer Navy property does not
require Navy to perform any mitigation measures, beyond those discussed
here. As appropriate, the Navy will incorporate notices in the
conveyance documents indicating that wetlands or threatened/endangered
species occur on the parcel. The Navy will also fulfill its
responsibilities in the Programmatic Agreement, and include a
restrictive covenant in the conveyance documents to protect
archeological resources. Redevelopment of NWIRP Calverton in accordance
with the preferred alternative will result in impacts to the
environment that can be mitigated or lessened by various mitigation
measures. The measures would be the responsibility of the Town of
Riverhead or an applicant proposing redevelopment at NWIRP Calverton.
Reuse will cause significant traffic impacts at various
intersections in the study area surrounding the NWIRP Calverton.
Potential mitigation measures may include changing of traffic signal
timing, geometric improvements, and regulatory measures. These measures
could be implemented by the State, the Town of Riverhead or an
applicant proposing redevelopment at NWIRP Calverton.
Most of the on-site ponds are associated with wetlands and would
not be adversely affected by future development because the developer
must comply with strong state and federal laws protecting wetlands.
Local planning review procedures ensure that sediment control measures
would be included in construction design plans to mitigate the
potential for adverse effects on surface waters.
The Town of Riverhead or its developers will have to consult with
the NYSDEC before development can occur in the sections of the parcel
designated as Compatible Growth Area of the Pine Barrens.
Three state-listed species are in an area where commercial and
recreational development is proposed. The Town of Riverhead or its
developers must consult with NYSDEC, and mitigate as appropriate.
Comments Received on the Final EIS
The Navy received comment letters from the US Environmental
Protection Agency (EPA), the Department of Veterans Affairs (VA), a
real estate and development company, a commentor on behalf of the
Montaukett Indian Tribe, and the local descendants of a former property
owner. Several comments were editorial in nature. Substantive comments
are categorized as follows:
Wetlands and State-Listed Threatened/Endangered Species
EPA requested that the Navy consider the use of conservation
easements to ensure the protection of wetlands that may be impacted
during the redevelopment of the site. EPA also recommended that the
property deed transfers be conditioned to require mitigation for
protection of state-listed threatened/endangered species. The Navy will
provide notification of the existence of these natural features in the
transfer documents, and identify the regulatory agencies that have
jurisdiction over these natural resources.
Hazardous Materials and Installation Restoration
Two commentors requested that Navy commit to completing all
sampling, studies, and remedial actions necessary to implement the
planned reuses in a manner consistent with protection of human health
and the environment including lead-based paint in soils. The Navy will
follow procedures mandated in the Comprehensive, Environmental
Response, Compensation and Liability Act (CERCLA) to identify the
extent of contaminants and apply the appropriate remediation to protect
human health and the environment consistent with the preferred land use
for the site. Only after the remedial action is completed or after
installation of the selected remedy which has been demonstrated to be
operating properly and successfully, will the retained federal lands be
transferred. With regard to the treatment of lead-based paint in soils,
the Navy believes that the normal use and maintenance of lead-based
paint does not constitute evidence of a release of a hazardous
substance as defined by CERCLA that requires a response.
Native American Concerns
Comments were received on behalf of the Montaukett Tribe of Long
Island concerning the ``official status'' (federal recognition) of the
Tribe and suggested that the FEIS is defective in ways that pose risk
of severe harm to the Montaukett Tribe. Of primary concern to the Tribe
was the archeological
[[Page 50218]]
investigations conducted by the Navy for this project. The commentor
was concerned that the North American Graves Protection and
Repatriation Act (NAGPRA) was not considered. This law provides Indian
Tribes, recognized by the Bureau of Indian Affairs (BIA), certain
rights concerning the treatment of ancestral burial. Another commentor
noted that it appeared that no tribal representatives had been
contacted during the preparation of the environmental impact statement,
and that the archeological survey conducted for this project appears to
have not been adequately completed. In response to these concerns, the
Navy solicited the identification of interested persons and/or issues
that should be addressed in the EIS through the scoping process, the
notice of which was published in the Federal Register and local area
newspapers. Additionally, the Navy consulted with the BIA, state and
local governments and other interested agencies during the preparation
of the EIS. Regarding the protection of ancestral burials, the Navy, in
conjunction with the SHPO, developed a Phase IA archeological survey
which identified approximately 300 acres of NWIRP Calverton that may
contain artifacts that may be eligible for listing on the National
Register of Historic Places. A follow-on study, also developed with the
SHPO, was conducted to complete further archeological investigations on
the lands most likely to be developed through the reuse of the site.
Results of these surveys and the Programmatic Agreement prepared for
the treatment of cultural resources at NWIRP Calverton, which requires
that future development on archeologically sensitive portions of NWIRP
Calverton be preceded by appropriate archeological studies, will ensure
archeological resources, including burial sites in accordance with
NAGPRA, are protected. The Programmatic Agreement covers the entire
NWIRP Calverton site and requires future development to be preceded by
consultation with and approval by the SHPO.
Cultural Resources
A number of commentors were concerned about the protection of
cultural and archeological resources. EPA requested that Navy
incorporate provisions of the Programmatic Agreement, developed in
compliance with National Historic Preservation Act, into this ROD. The
Navy will fulfill its responsibilities designated in the Programmatic
Agreement.
Environmental Justice
EPA requested information concerning how the Navy satisfied its
responsibilities under Executive Order (EO) 12898 for Environmental
Justice particularly with regard to the concerns of the Montaukett
Tribe. The Tribe notified EPA that the Tribe would be
disproportionately affected by the reuse of NWIRP Calverton by the loss
of Tribal burial grounds that may be disturbed during redevelopment of
the site. The FEIS states that the proposed transfer and reuse of the
site are not expected to cause disproportionate adverse environmental
impacts specific to any groups or individuals from minority or low
income populations residing in the study area. The concern noted by the
Montaukett Tribe with regard to the requirements of this EO on the
future development of the site potentially impacting ancestral burial
areas has been considered and is provided for in the Programmatic
Agreement and attached archeology covenant that will be included in the
deed.
Calverton National Cemetery
The VA commented that increased traffic will affect public access
to the Calverton National Cemetery. The Navy acknowledges that the
planned redevelopment of the NWIRP facility will result in additional
vehicular traffic in the area. The FEIS identified traffic improvements
that may be implemented by the state and local governments that will
improve traffic conditions.
Conclusion
The Calverton Enterprise Park Reuse Plan has been identified by the
Town of Riverhead as its preferred alternative reuse plan. In the
development of this plan, the Town of Riverhead Planning Commission
established the following goals for the reuse of the NWIRP site:
maximize job creation; increase tax bases; and enhance regional quality
of life. The Calverton Enterprise Park Reuse Plan responds to local and
regional economic conditions and promotes economic recovery from the
closure of the NWIRP Calverton. The resultant environmental impacts can
be mitigated by the acquiring entity under the direction of federal,
state and local requirements.
The transfer of property to NYSDEC will allow undeveloped, wooded
land to remain in its natural state. The transfer of property to VA for
use as a federal cemetery will ensure a land use consistent with the
adjoining VA property, and will allow the continued service that VA
provides to the community.
Although the ``no action'' alternative has less potential for
causing adverse environmental impacts, this alternative would not
promote local economic redevelopment of the NWIRP site and would not
create new jobs. Additionally it would not take advantage of the
property's physical characteristics and infrastructure.
Based on the analysis contained in the FEIS and support provided in
the administrative record, I have decided, on behalf of the Department
of Navy, to direct transfer of portions of NWIRP Calverton to the Town
of Riverhead to be redeveloped consistent with the Calverton Enterprise
Plan; to the New York State Department of Environmental Conservation;
and to the Department of Veterans Affairs.
Dated: September 9, 1998.
Duncan Holaday,
Deputy Assistant Secretary of the Navy, (Installations and Facilities).
[FR Doc. 98-25179 Filed 9-18-98; 8:45 am]
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