[Federal Register Volume 69, Number 135 (Thursday, July 15, 2004)]
[Notices]
[Pages 42461-42463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16077]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Notice 04-090]


National Environmental Policy Act and Executive Order 11990, 
Protection of Wetlands; International Space Research Park at the John 
F. Kennedy Space Center, Florida

AGENCY: National Aeronautics and Space Administration.

ACTION: Notice of availability of the Final Environmental Impact 
Statement (FEIS) for the International Space Research Park (ISRP) at 
the John F. Kennedy Space Center (KSC).

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SUMMARY: Pursuant to the National Environmental Policy Act of 1969 
(NEPA), as amended (42 U.S.C. 4321 et seq.), the Council on 
Environmental Quality Regulations for Implementing the Procedural 
Provisions of NEPA (40 CFR Parts 1500-1508), and the National 
Aeronautics and Space Administration (NASA) policy and procedures (14 
CFR Part 1216), NASA has prepared a FEIS for the proposed ISRP at KSC, 
located in Florida. KSC is a major Center within NASA for activities 
associated with the Space Shuttle and International Space Station and 
is adjacent to Cape Canaveral Air Force Station from which many NASA 
missions are launched. The purpose of the ISRP is to facilitate world-
class research and development (R&D) in areas critical to the long-term 
success of KSC, its users, and operators. NASA has entered into an 
agreement with the State of Florida, through the Florida Space 
Authority (FSA), to jointly study the development of up to 160 ha (400 
ac) of land on KSC as a research park. NASA is proposing to lease 
approximately 142 ha (360 ac) in phases to the State of Florida 
(through the FSA), which would create an ISRP Authority (ISRPA) to 
develop and manage the site for the ISRP. The FEIS describes the 
potential environmental impacts and proposed mitigation associated with 
development alternatives under the proposed concept as well as the no-
action alternative.

DATES: NASA will take no final action on the ISRP before 30 days from 
the date of publication in the Federal Register of the U.S. 
Environmental Protection Agency's notice of availability of the ISRP 
FEIS.

ADDRESSES: The FEIS may be reviewed at the following locations of the 
Brevard County Library:
    (a) Central Brevard Library & Reference Center, 308 Forrest Ave., 
Cocoa, FL 32922, (321) 633-1792.
    (b) Cocoa Beach Branch Library, 550 North Brevard Ave, Cocoa Beach, 
FL 32931, (321) 868-1104.
    (c) Melbourne Branch Library, 540 E. Fee Ave., Melbourne, FL 32901, 
(321) 952-4514.
    (d) Merritt Island Branch Library, 1195 North Courtenay Parkway 
Merritt Island, FL 32953, (321) 455-1369.
    (e) St. Johns Branch Library, 6500 Carole Ave., Port St. John, FL 
32927, (321) 633-1867.
    (f) North Brevard Branch Library, 2121 S. Hopkins Ave., Titusville, 
FL 32780, (321) 264-5026.
    The FEIS may also be examined at the following NASA locations by 
contacting the pertinent Freedom of Information Act Office:
    (g) NASA, Ames Research Center, Moffett Field, CA 94035 (650-604-
1181).
    (h) NASA, Dryden Flight Research Center, P.O. Box 273, Edwards, CA 
93523 (661-276-2704).
    (i) NASA, Glenn Research Center at Lewis Field, 21000 Brookpark 
Road, Cleveland, OH 44135 (216-433-2755).
    (j) NASA, Goddard Space Flight Center, Greenbelt Road, Greenbelt, 
MD 20771 (301-286-0730).
    (k) NASA, Johnson Space Center, Houston, TX 77058 (281-483-8612).
    (l) NASA, Langley Research Center, Hampton, VA 23681 (757-864-
2497).
    (m) NASA, Marshall Space Flight Center, Huntsville, AL 35812 (256-
544-2030).
    (n) NASA, Stennis Space Center, MS 39529 (228-688-2164).
    In addition, the FEIS may be examined at the following locations:
    (o) NASA Headquarters, Library, Room lJ20, 300 E Street SW., 
Washington, DC 20546 (202-358-0167).
    (p) Jet Propulsion Laboratory, Visitors Lobby, Building 249, 4800 
Oak Grove Drive, Pasadena, CA 91109 (818-354-5179).
    The FEIS can be accessed electronically at http://eis.ksc.nasa.gov/index.cfm.
    Limited copies of the FEIS are available, on a first request basis, 
by contacting Mr. Mario Busacca, NASA, Mail Code TA-C3, Kennedy Space

[[Page 42462]]

Center, Florida 32899; Telephone: 321-867-8456; e-mail: [email protected].
    Submit all comments in writing to Mr. Mario Busacca, NASA, Mail 
Code TA-C3, Kennedy Space Center, Florida 32899, or electronically to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Mario Busacca, NASA, Mail Code TA-
C3, Kennedy Space Center, Florida, 32899; Telephone: 321-867-8456; e-
mail: [email protected].

SUPPLEMENTARY INFORMATION: The Notice of Availability of the Draft EIS 
(DEIS) was published by NASA in the Federal Register on January 27, 
2004. Copies of the DEIS were sent to more than 180 public agencies, 
private organizations, and individuals. Fifteen individuals and 
organizations provided comments on the DEIS. Their comments and the 
NASA responses are provided in Appendix M of the FEIS. All 15 
commentators indicated that Alternative 1 was the most acceptable 
alternative. The Merritt Island Homeowners Association continued to 
raise concerns regarding the increase in traffic on Merritt Island, 
Florida. No other major issues were raised.
    The ISRP is intended to support NASA's mission, facilitate public-
private collaboration, provide for complementary R&D objectives, and 
further space commercialization and development, consistent with the 
Space Act of 1958, as amended to authorize Enhanced-Use Leasing. The 
mission of the FSA, which would collaborate with NASA in developing the 
ISRP, is to retain, expand, and diversify the State's space-related 
industry. As described in the FEIS, the FSA would create an ISRPA under 
Florida State law to develop and manage the proposed ISRP. As a center 
for R&D, the ISRP would bring together a dynamic mix of industry, 
academia, and government researchers to focus their combined strengths 
in areas of R&D critical to the long-term success of NASA and its 
partners, including, but not limited to, the FSA.

Study Area and Project Alternatives

    Study Area: Kennedy Space Center occupies 56,500 ha (139,490 ac) of 
land located within Brevard and Volusia Counties and controlled by 
NASA. The study area includes KSC, Brevard County, and the five 
adjoining counties (Indian River, Orange, Osceola, Seminole, and 
Volusia). The alternative development sites proposed for the ISRP are 
located on KSC along the south portion of Kennedy Parkway South (also 
known as State Road 3). Kennedy Parkway South is the major north-south 
transportation arterial that allows public ingress and egress through 
KSC into Merritt Island and Titusville.
    Project Alternatives: Alternatives for development of the ISRP at 
KSC include: Alternative 1, Alternative 2, and Alternative 3 (No Action 
Alternative). The first two alternative actions involve developing and 
operating the ISRP at alternate locations on KSC. The third 
alternative, the No Action Alternative, involves not developing the 
ISRP at KSC at this time and continuing present management of the study 
area.
    Alternative 1 (Preferred Alternative): In Alternative 1, NASA 
proposes the development of the ISRP on approximately 140 ha (345 ac) 
of KSC property to the west of Kennedy Parkway South (State Road 3). 
Development and related construction activities would occur on land 
located immediately south of the KSC Visitors Complex along Space 
Commerce Way. Approximately 130 ha (321 ac) of the development (Phases 
A-E) would occur on the west side of Space Commerce Way. Phase F would 
occur on a 10 ha (24 ac) parcel east of Space Commerce Way, adjacent to 
and west of the Space Experiments Research and Processing Laboratory 
(SERPL). The larger area (Phases A-E) considered in Alternative 1 is 
dominated by citrus groves and includes remnant wetlands and disturbed 
habitats. The smaller area (Phase F) is undeveloped.
    In Alternative 1, development would occur in 6 phases (Phases A-F) 
over 25 parcels, which would be serviced by approximately 4.5 
kilometers (km) (2.8 miles (mi)) of roads. The parcels range from 1.8 
to 10.2 ha (4.5 to 25.3 ac) in size with developable acreage between 
1.8 and 6.2 ha (4.5 and 15.4 ac). Some parcels have dedicated no-build 
zones due to existing wetlands and stormwater ponds. The stormwater 
ponds would become part of the master stormwater system for the park. 
The proposed stormwater management system includes 10 connected 
treatment ponds for the collection and treatment of runoff generated 
from the developed parcels. Parcels would be developed to include 35 
percent open space overall. The open space would include a central 
greenway, which would offer sidewalks and pedestrian access along 
wetlands and stormwater retention areas.
    Alternative 2: Alternative 2 proposes construction and development 
of the ISRP in six phases on approximately 130 ha (321 ac) located 
northeast of the KSC south security gate (Gate 3) on Kennedy 
Parkway South (State Road 3), near B Avenue SW (or Tel-4 Road). This 
alternative, like Alternative 1, also considered Phase F development of 
10 ha (24 ac) east of Space Commerce Way, adjacent to and west of the 
SERPL. The combined areas considered in Alternative 2 are undeveloped 
and characterized by high quality pine flatwoods and scrub habitat 
embedded with wetlands.
    The area considered in Alternative 2 (including Phase F) is defined 
by 26 parcels, which would be serviced by approximately 4.2 (km) (2.6 
(mi)) of roads. Of the 26 parcels, 25 parcels are proposed for 
development. These parcels range in size from 1.6 to 10.0 ha (4.0 to 
24.0 ac) with developable acreage from 1.5 to 5.6 ha (3.7 to 13.8 ac). 
A 34.7 ha (85.7 ac) parcel has been established under this development 
plan to protect an extensive wetlands system. Four stormwater 
management ponds are proposed for the collection and treatment of 
runoff generated from the developed parcels. The Alternative 2 land use 
plan offers extensive greenways and sidewalks for pedestrian access 
along the wetland conservation area and between parcels.
    Alternative 3 (No Action Alternative): Under the No Action 
Alternative, no new development would be proposed regarding the ISRP on 
KSC. The No Action Alterative would result in continuing the present 
management of the two proposed sites at KSC. Under the No Action 
Alternative, land currently managed by the U.S. Fish and Wildlife 
Service (USFWS) would remain under USFWS management. Land leased 
through 2008 to the Kerr Foundation for citrus grove production would, 
after the lease expires, become part of the undeveloped KSC buffer, 
which is managed by the USFWS as part of the Merritt Island National 
Wildlife Refuge. The USFWS has long-term plans to restore the citrus 
groves to natural conditions.
    NASA has selected Alternative 1 as the Preferred Alternative. The 
Preferred Alternative has been identified as the option that best meets 
NASA's purpose and need, and has the fewest significant environmental 
impacts compared to Alternative 2. Under both Alternatives 1 and 2 and 
even with the mitigation measures proposed in the FEIS, significant 
impacts would occur to air quality within KSC due to increased 
vehicular traffic and to soil composition, structure, and function on-
site due to excavation and filling prior to construction. Unavoidable, 
significant air quality impacts would result from increased vehicular 
traffic, but would not cause the area to become a non-attainment area 
under the Clean Air Act for pollutants of concern: carbon

[[Page 42463]]

monoxide and particulate matter. However, under Alternative 2, the 
proposed ISRP would result in destruction of high quality scrub and 
wetlands habitat found at the Alterative 2 site.
    To obtain more current data for Alternative 1, an Environmental 
Site Assessment (ESA), Phase I and II, was conducted to determine if 
the past practices related to citrus production have left soils or 
groundwater contamination on the site. (The ESA was finalized in March 
2004, after the publication of the ISRP DEIS, and was therefore not 
included in that document.) The ESA was conducted in accordance with 
American Society for Testing and Materials (ASTM) E-1527, Phase I and 
ASTM E-1528, Phase II, Environmental Site Assessment Process. The 
results of the ESA are summarized here and the final report is included 
in Appendix L of the FEIS.
    Phase I and Phase II sampling at the Alternative 1 site for 
contamination from the nearby Solid Waste Management Unit sites did not 
detect levels for many parameters. For other parameters, the levels did 
not exceed screening criteria. Thus, it was concluded that the 
Alternative 1 site has not been impacted by the Solid Waste Management 
Unit sites.
    Phase I and Phase II sampling at the Alternative 1 site for 
contamination from citrus production activities detected arsenic and 
copper levels at three locations that exceeded residential human health 
screening criteria, but not industrial human health screening criteria. 
Thus, it was also concluded that the Alternative 1 site has been only 
minimally impacted by past citrus production. Copper values in Phase II 
sampling generally ranged from 16 to 75mg/kg. Copper levels in Samples 
ISRP-HA-11 and ISRP-HA-12, however, measured 380 and 310 mg/kg, 
respectively. Arsenic values in the samples generally ranged from 0.20 
to 0.77 mg/kg. The arsenic level in Sample ISRP-HA-9, however, measured 
3.0 mg/kg, which exceeded industrial human health screening criteria 
for arsenic. Although the elevated levels in the 3 samples exceed the 
Florida Department of Environmental Protection Soil Cleanup Target 
Levels (SCTL) of 110 mg/kg (copper) and 0.80 mg/kg (arsenic) for 
residential areas, they are below the SCTL of 7,600 mg/kg (copper) and 
5 mg/kg (arsenic), respectively, for industrial areas (Florida 
Administrative Code (F.A.C.), Chapter 62-777). In addition, the arsenic 
level in Sample ISRP-HA-9 does not exceed the Florida Leachability 
criterion of 29 mg/kg (F.A.C., Chapter 62-777). Based on these 
criteria, no impact to ground or surface water is expected from these 
locations.
    The ESA findings do not preclude the development of industrial 
activities, such as, but not limited to, the types of activities that 
would occur at the proposed ISRP, anywhere on the Alternative 1 site. 
Operation of the proposed ISRP would not impact the geology or soils. 
In addition, given that no residential development is planned for the 
ISRP, no mitigation or remediation is expected to be required prior to 
or during development. If a day care center were to be proposed later, 
the ISRPA, or NASA as the landowner, would conduct any necessary 
environmental reviews.
    Under both alternatives, land use plans have been developed to 
mitigate wetlands impacts and manage stormwater flow pursuant to 
Executive Order 11988, Floodplains, and E.O. 11990, Protection of 
Wetlands. The proposed ISRPA, or NASA as the landowner, would develop a 
Wetlands Mitigation Plan and obtain a Section 404 Clean Water Act 
permit and a Florida Environmental Resources Permit (pursuant to the 
Florida Water Resources Act of 1972). If the terms and conditions of 
the USFWS Biological Opinion and State permits substantially change the 
proposed action or alternatives, NASA would conduct further 
environmental review.
    Under both alternatives, land use plans and operations include 
measures to mitigate potential impacts to Federal and State listed 
species and critical habitat. Pursuant to Section 7 of the Endangered 
Species Act, NASA conducted formal consultation with the USFWS for the 
Preferred Alternative (Alternative 1) and obtained a Biological Opinion 
indicating No Jeopardy for the eastern indigo snake (Drymarchon corais 
couperi.) and no adverse modification to critical habitat if the 
recommended reasonable and prudent measures are implemented. The 
Biological Opinion approved incidental take of all eastern indigo 
snakes.
    Under Alternative 2, potential direct, indirect, and cumulative 
impacts to protected wildlife and associated habitat are expected to be 
highly significant and the ability to mitigate impacts to below 
significance to be limited. If NASA were to select Alternative 2, NASA 
would prepare a Biological Assessment and enter into formal 
consultation to obtain a Biological Opinion for the following federally 
listed species: Florida scrub-jay (Aphelocoma coerulescens), eastern 
indigo snake, bald eagle (Haliaeetus leucocephalus), and freshwater 
swale marsh plants such as Curtiss reedgrass (Calamovilfa curtissii 
(Vasey) Scribn.). Further, under Alternative 2, State wildlife permits 
allowing incidental take or relocation of gopher tortoises and any 
State-listed commensals encountered on the proposed site would need to 
be obtained pursuant to Rules 68A-25.002 and 68A-27.005, F.A.C. If the 
terms and conditions of the USFWS Biological Opinion and State permits 
substantially changed the proposed action under Alternative 2, NASA 
would conduct further environmental review.
    Future projects implemented by the proposed ISRPA in the context of 
the ISRP will be evaluated for NEPA compliance by the NASA KSC NEPA 
Document Manager to determine if the project's environmental impacts 
were adequately described in the FEIS. Any applicable mitigation 
measures will also be identified. If the project is not adequately 
covered by the FEIS, then NASA will determine what level of additional 
NEPA analysis may be required. In addition to the NEPA review, NASA, as 
a condition of the lease, will review projects proposed by its 
partner(s) for compliance with the ISRP Design Guide (described in the 
FEIS), as well as with applicable Federal, State, and local 
environmental, health, and safety laws, regulations, Executive Orders, 
and standards.

Olga M. Dominguez,
Deputy Assistant Administrator for Institutional and Corporate 
Management.
[FR Doc. 04-16077 Filed 7-14-04; 8:45 am]
BILLING CODE 7510-01-P