[Federal Register Volume 67, Number 119 (Thursday, June 20, 2002)]
[Notices]
[Pages 41967-41968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15540]



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DEPARTMENT OF DEFENSE

Department of the Navy


Record of Decision for Disposal and Reuse of the Fleet Industrial 
Supply Center, Naval Fuel Depot Point Molate, CA

AGENCY: Department of the Navy, DOD.

ACTION: Notice.

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SUMMARY: The Department of the Navy (DON) announces its decision to 
dispose of the Fleet Industrial Supply Center, Naval Fuel Depot Point 
Molate near Richmond, CA.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Lee, Southwest Div, Naval 
Facilities Engineering Command, 1230 Columbia St, Suite 1100, San 
Diego, CA 92101, telephone (619) 532-0975, facsimile (619) 532-0940.

SUPPLEMENTARY INFORMATION: Under the authority of the Defense Base 
Closure and Realignment Act (DBCRA) of 1990, Public Law 101-510, 10 
U.S.C. 2687 note at 582-606, and pursuant to Section 102(2)(C) of the 
National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. Section 
4332(2)(C) (1994), and the regulations of the Council on Environmental 
Quality that implement NEPA procedures, 40 CFR parts 1500-1508, and the 
Department of Navy regulations implementing the federal regulations, 32 
CFR 775, the Department of the Navy announces its decision to dispose 
of Fleet and Industrial Supply Center, Naval Fuel Depot Point Molate 
(NFD Point Molate), Richmond, CA. Disposal of this property will permit 
productive reuse of this surplus federal property. Several reuse 
alternatives were evaluated in the Environmental Impact Statement 
(EIS), including the Preferred Alternative (Alternative 2), light 
commercial and light industrial development.

Alternatives Considered

    The proposed action is the disposal of the NFD Point Molate 
property. The Final EIS analyzed effects of the Preferred Reuse Plan, 
and effects of two other reuse plan alternatives. The No Action 
Alternative was also evaluated.
    Alternative 1, Residential/Commercial, would use about 55 acres for 
residential development, 27 acres for commercial activities, 6 acres 
for light industrial activities, and 325 acres, including 100 acres of 
submerged land, for open space/recreation.
    The Preferred Alternative, Alternative 2, Industrial/Commercial, 
would use about 27 acres for commercial activities, 61 acres for light 
industrial activities, and 325 acres, including 100 acres of submerged 
land, for open space/recreation.
    Alternative 3, Recreation/Commercial, would use about 27 acres for 
commercial activities, 8 acres for light industrial activities, and 378 
acres, including 100 acres of submerged land, for open/space 
recreation.
    No Action Alternative, NFD Point Molate would not be disposed and 
would remain in Federal caretake status. The Navy would maintain the 
physical condition of the property by providing security and making 
repairs essential to safety. Because the No Action Alternative has less 
potential for adverse environmental impacts, it is the environmentally 
preferable alternative. However, the No action Alternative would not 
promote local economic development nor create jobs and, therefore, is 
inconsistent with the statutory direction contained in the DBCRA.

Environmental Impacts

    DON analyzed the direct, indirect, and cumulative impacts of each 
alternative on the environment. Potential significant impacts that 
could result from Alternative 2 are discussed below.
    Expansion of the existing sewage treatment plant or construction of 
a new sewage treatment plant and operation of a winery on site could 
result in incomparability between these land uses and other development 
on site. Until a specific project is identified, it is not possible to 
identify the amount or type of commercial uses that might be proposed 
in the Waterfront Park Beach priority use area. Proposed uses could be 
inconsistent with the San Francisco Bay Plan. The EIS includes 
minimization and avoidance measures that the developer could implement 
that would reduce these potential impacts to insignificant levels. 
There is also the potential for exposures of occupants of the property 
to accidental releases from a nearby refinery. However, most occupants 
would not be staying overnight and overnight stays would be limited to 
guests and staff of a hotel or bed and breakfast facility. The Bay Area 
Air Quality Management District (BAAQMD) does not consider these 
occupants sensitive receptors. Because there would be no sensitive 
receptors on site as defined by the BAAQMD this potential impact is 
considered insignificant.
    The proposed redevelopment would increase the demand for police, 
fire, and emergency medical services. The distance between NFD Point 
Molate and local city fire stations could require the city to establish 
a fire crew and fire truck at the existing fire station. Although the 
existing water system at NFD Point Molate has inadequate water pressure 
to meet firefighting requirements, the Preferred Alternative includes 
upgrading the water system to satisfy these requirements.
    Five cultural resources at NFD Point Molate have been identified: 
Winehaven Historic District and four archeological sites. The Winehaven 
Historic District is the only property at Point Molate listed on the 
National Register of Historic Places. Pursuant to Section 106 of the 
National Historic Preservation Act and its implementing regulations, 36 
CFR part 800, the Navy has completed consultation with the Advisory 
Council on Historic Preservation (ACHP), the California State Historic 
Preservation Officer (SHPO), and the Bay Miwok Band American Indian 
tribe. As a result of these consultations, the Navy has agreed to 
several actions to avoid or minimize adverse impacts to cultural 
resources. These obligations are set forth in a Memorandum of Agreement 
among the Navy, the ACHP, the SHPO, and the Bay Miwok, dated January 
29, 2002. Before conveying any property at NFD Point Molate, the Navy 
will submit an amendment to the National Register of Historic Places 
for the Winehaven Historic District. The amendment will distinguish 
between the contributing and non-contributing buildings and structures 
within the District. The Navy is also applying to the California 
Historical Resources Commission to reduce the Winehaven Historic 
District boundary as it appears on the California Register of Historic 
Resources, so that non-contributing properties are excluded. The Navy 
is nominating a historic Shrimp Camp (CA-CCO-506H) to the National 
Register and will formally evaluate the National Register eligibility 
of three prehistoric archeological sites (CA-CCO-282, CA-CCO-283, and 
CA-CCO-423), and if they are determined eligible, nominate them to the 
National Register.
    There are no Federally listed threatened or endangered species 
known to occur on the NFD Point Molate property under the Endangered 
Species Act.
    The Preferred Alternative could have significant impacts on 
transportation, traffic, and circulation. Projected traffic could cause 
substantial delays during peak commuting hours at three intersections 
of freeway ramps and roadways near NFD Point Molate. On one ramp, a 
local agency planning threshold would be exceeded. In

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addition, off-site road segments between NFD Point Molate and the 
nearby freeway are substandard and access to the property is lacking 
from one direction of the freeway. Significant impacts could be 
mitigated by the local and state governmental agencies through widening 
the road accessing the property, road restriping and other 
modifications detailed further in the EIS.
    The Navy analyzed the impacts on children pursuant to Executive 
Order 13045, Protection of Children from Environmental Health Risks and 
Safety Risks, 3 CFR 198 (1998). Under the Preferred Alternative 
children could be present for short periods in the bed and breakfast 
establishments, small hotels, and recreational areas. NFD Point Molate 
is within the toxic or flammable endpoints for accidental releases by 
Chevron Refinery and General Chemical Corporation, as assessed in 
conformation with the Risk Management Program Rule (40 CFR 68.130; 
Section 112(r) of the Clean Air Act). Since children are less able to 
metabolize, detoxify, and excrete some toxic substances than adults, in 
the event of an accidental release of substantial quantities of toxic 
contaminants, there could be disproportionate health and safety risks 
to children at NFD Point Molate.

Mitigation

    The Navy will take certain actions to implement existing agreements 
and to comply with regulations. Once property is conveyed outside of 
federal control, land use is solely a function of state and local 
planning and zoning authorities. The DON cannot impose post conveyance 
restrictions on land use absent specific statutory authority to do so 
such as that provided for the imposition of land use controls under 
Comprehensive Environmental Response, Compensation, and Liability Act. 
As a result, the DON has no authority to require that parties acquiring 
the former NFD Point Molate property impose the mitigation measures 
identified in the Final EIS or this Record of Decision.

Response to Comments Received Regarding the Final EIS

    After the Final EIS was distributed to the public the Navy received 
one comment letter from Contra Costa Health Services. Their concerns 
had already been addressed in the Final EIS and do not require further 
clarification.

Conclusion

    Although the No Action Alternative is the environmentally preferred 
alternative, it would not promote local economic redevelopment and 
create jobs. Keeping the property in caretaker status would not be the 
highest and best use of the property because it would not take 
advantage of the property's physical characteristics and 
infrastructure.
    Based on the analysis contained in the Final EIS and the associated 
administrative record, I have decided, on behalf of the Department of 
the Navy, to dispose of the Fleet and Industrial Supply Center, Naval 
Fuel Depot Point Molate.

    Dated: June 4, 2002.
Duncan Holaday,
Deputy Assistant Secretary, (Installations and Facilities).
[FR Doc. 02-15540 Filed 6-17-02; 8:45 am]
BILLING CODE 3810-FF-M