[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]
BILLING CODE 3810-FF-M