[Federal Register Volume 71, Number 127 (Monday, July 3, 2006)]
[Notices]
[Pages 37915-37920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10356]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Navy


Record of Decision for Navy Air-to-Ground Training at Avon Park 
Air Force Range, Florida

AGENCY: Department of the Navy, DOD.

ACTION: Notice of record of decision.

-----------------------------------------------------------------------

SUMMARY: The Department of the Navy announces its decision to conduct 
all components of ``air-to-ground ordnance delivery and training'' of 
integrated and sustainment levels of the Fleet Forces Command's Fleet 
Readiness Training Program at Avon Park Air Force Range, Florida. Air-
to-ground readiness training includes delivery of inert and high-
explosive ordnance from tactical jets such as the Navy's Hornet and 
Super Hornet strike/fighter aircraft.

FOR FURTHER INFORMATION CONTACT: Mr. Will Sloger, Southern Division 
Naval Facilities Engineering Command (Code ES12), 2155 Eagle Drive, 
North Charleston, SC 29406, telephone 843-820-5797.

SUPPLEMENTARY INFORMATION: The text of the entire Record of Decision 
(ROD) is provided as follows: Pursuant to section 102(2)(c) of the 
National Environmental Policy Act (NEPA) of 1969, 42 U.S.C. 4332(2)(c), 
and the regulations of the Council on Environmental Quality that 
implement NEPA procedures, 40 CFR parts 1500-1508, the Department of 
the Navy announces its decision to conduct all components of ``air-to-
ground ordnance delivery and training'' of the Fleet Forces Command's 
Fleet Readiness Training Program (FRTP) at Avon Park Air Force Range 
(APAFR). The proposed training at APAFR will be accomplished as set out 
in alternative 6, described in the Final Environmental Impact Statement 
(EIS) as the preferred alternative.
    The Navy proposes to expand APAFR's capabilities to allow delivery 
of high explosive (HE) ordnance during air-to-ground ordnance delivery 
training, a critical element of FRTP. Training would originate from 
afloat Navy carrier strike groups (CSG) operating in either the 
Atlantic Ocean or the Gulf of Mexico. The purpose of the proposed 
action is to improve and enhance the number and location of range 
resources for the FRTP and, consequently, increase its flexibility to 
conduct training in preparation for deploying CSGs in support of 
national defense missions. Section 5062 of Title 10 of the United 
States Code directs the Chief of Naval Operations to organize, train, 
and equip Naval forces for combat. To fulfill its statutory mission, 
the Atlantic Fleet needs combat-capable air forces ready to deploy 
worldwide.
    Three FRTP training exercises are typically conducted annually. 
Depending on world conditions and military requirements, up to six 
exercises could occur within a given year. At APAFR, each exercise 
would be expected to use the range for 20 days (10 days for exercise 
activities, seven days for explosive ordnance disposal [EOD] sweeps, 
plus a three-day backup).
    As part of training conducted during the various phases of the 
FRTP, the Navy would continue its use of APAFR and other ranges near 
the Atlantic and the Gulf of Mexico such as the Navy ranges at Rodman, 
FL and Lake George, FL; the Marine Corps ranges at Townsend, GA 
(operated by the Georgia

[[Page 37916]]

Army National Guard), and Cherry Point, NC; the Mississippi National 
Guard range at Camp Shelby, MS; and the Air Force range at Dare County, 
NC for delivery of inert ordnance, and the Air Force's Eglin and Navy's 
Pinecastle Ranges for both inert and HE deliveries.
    The Air Force worked with the Navy as a cooperating agency 
throughout the NEPA process. They will, as the owner of APAFR, make a 
decision regarding the Navy's desire to conduct all components of air-
to-ground ordnance delivery there. The Air Force intends to document 
that decision in their own ROD, to be signed after the Navy signs this 
document.
    The Navy used a screening process to identify potential range 
locations to support and enhance flexibility in executing the FRTP. The 
first step was to identify the range parameters needed to achieve the 
proposed improvement and enhancement (number and location) of range 
resources in support of FRTP aircrew training. These parameters are: 
(1) Time/distance from CSG operating areas to the range, (2) range 
dimensions, and (3) airspace.
    Initially the Navy identified nine candidate ranges for conducting 
all components of air-to-ground training exercises associated with the 
FRTP. Two of the candidate ranges, Pinecastle and Eglin, were 
eliminated from further consideration as candidates as use of HE 
ordnance already occurs at these ranges and therefore not serve to 
improve or enhance range availability for FRTP. Of the seven remaining 
ranges, six (Rodman, Lake George, Townsend, Dare County, Camp Shelby, 
Cherry Point) have inadequate range dimensions and therefore failed to 
meet one of the three training parameters. APAFR was the only range 
that met all three parameters. The Navy also evaluated other potential 
options including alternative training technologies (e.g., models/
simulators), development of a new range, and use of only inert/practice 
ordnance. These options did not meet the purpose and need of the 
aircrew training enhancement objectives because they do not create the 
same high-stress training environment and/or emotional conditioning 
required for combat deployment overseas.
    A Draft and Final EIS were prepared to assess the impacts of six 
alternatives within APAFR. Each of these six alternatives provides for 
a different mix in the use of HE ordnance on the Foxtrot, Echo, Alpha, 
and Alpha Plus target areas within the APAFR. The comparative analysis 
of the six alternatives was accomplished by first evaluating elements 
common to all alternatives and then evaluating the impacts associated 
with use of HE ordnance. The EIS also evaluated the no-action 
alternative of not expanding Navy's use of APAFR for delivery of HE 
ordnance.
    Public Involvement: Public involvement was effected through a 
public and agency scoping process from February through March 2003 that 
included publication of a Notice of Intent to prepare the EIS in the 
Federal Register and three scoping meetings to actively solicit input 
from the public, local governments, Federal and State agencies, and 
environmental groups; An Interagency and Intergovernmental Coordination 
for Environmental Planning (IICEP) and Agency consultation; a 45-day 
public comment period that included public hearings in three locations 
in central Florida to provide an opportunity for the public to evaluate 
the proposal and analyses contained in the Draft EIS; and a 30-day no 
action period to allow public review of the Final EIS.
    The Final EIS included identification of the preferred alternative, 
mitigation measures to reduce environmental consequences, errata, and 
public and agency comments on the Draft EIS and responses to those 
comments.
    Alternatives Analyzed: Six air-to-ground training alternatives 
within APAFR were identified and carried forward for detailed analyses 
in the EIS. Each of the six alternatives provided a different mix in 
the use of proposed HE targets on Foxtrot, Echo, Alpha, and Alpha Plus 
allowable target placement areas (ATPA) for HE training.
    The proposed action also includes common elements that would be 
implemented along with the selected air-to-ground HE ordnance 
alternative. The common elements include delivery of air-to-ground 
inert/practice munitions on existing targets in the Bravo, Foxtrot, 
Charlie, and Echo impact areas at APAFR. Some training not involving 
air-to-ground deliveries (e.g. combat search-and-rescue) would occur 
outside the impact areas. The common elements and the locations where 
training would occur, while consistent with existing training 
activities at APAFR, would represent an increase in the amount of Navy 
training occurring at APAFR.
    The Navy used an operational risk management analysis (ORMA) to 
assess the risks associated with the use of HE ordnance and to 
identify, evaluate, and recommend control measures that would be needed 
to limit or deny access to particular parts of the APAFR hazard area in 
conjunction with HE ordnance air-to-ground training. The Air Force, as 
the owner of APAFR, determined the necessary control measures based on 
the ORMA recommendations and other factors such as feasibility, 
security, and cost. Control measures, which will be incorporated into 
APAFR's supplement to Air Force Instruction 13-212, Range Planning and 
Operations, include: access restrictions, mandatory EOD escort, and 
geographic limitations on civilian activities such as hunting/fishing, 
grazing, and camping. These measures will reduce potential risks to all 
personnel who work on or visit APAFR.
    The Navy and the Air Force identified alternative six, use of Alpha 
Plus, as the preferred alternative in the Draft and Final EIS. The 
Alpha Plus range consists of the existing Alpha range and an additional 
612 acres (248 hectares) in Management Unit 6 to the north of Alpha, an 
area that has been closed to the public since 1996. Within the Alpha 
Plus range, an allowable target placement area (ATPA) has been defined 
with a 300-foot perimeter buffer zone to account for the overall 
accuracy of non-guided and guided delivery ordnance. The 
environmentally preferred alternative is alternative five, use of the 
Alpha range only for HE ordnance. However, alternative five, due to its 
modest dimensions and limited ability to support target development and 
placement, limits training and operational flexibility. The preferred 
alternative would have slightly greater impact than the environmentally 
preferred alternative in the following areas: Noise, earth resources, 
water resources, land use and recreation, biological resources, 
environmental justice, and military activities. The no-action 
alternative would have the least potential for adverse environmental 
consequences.
    The location of the Alpha Plus ATPA in the center of APAFR reduces 
the effect of training on the natural and human environment both on and 
off the base. The most noticeable effect off-base is noise.
    Decision: After considering the potential environmental 
consequences of the Preferred Alternative, the five alternative 
training scenarios, and the no-action alternative, as well as other 
factors related to national defense, the Navy has decided to implement 
the Preferred Alternative to expand live ordnance air-to-ground 
training capabilities at APAFR utilizing the Alpha Plus Range. This 
action will also improve and enhance the Atlantic Fleet's depth of 
range resources and increase its flexibility to conduct training. The 
1,162 acres (420 ha) within the Alpha Plus Range provide substantial 
target diversity options to

[[Page 37917]]

maximize training benefits to Navy pilots. The size of Alpha Plus 
ensures that adequate room is available, based on training 
requirements, for a sufficient number of targets and for proper 
separation distance between targets. Adequate room is also available 
for future target relocation based on training requirements.
    Consequences: In the EIS, the Navy analyzed the environmental 
impacts that could occur as a result of implementing the common 
elements combined with each of the six APAFR alternatives. This Record 
of Decision will focus on the impacts associated with the preferred 
alternative, use of Alpha Plus. The EIS analyzed environmental impacts 
and the potential magnitude of those impacts relative to 13 categories 
of environmental resources: Airspace, noise, range safety, earth 
resources, water resources, air quality, land use and recreation, 
biological resources, socioeconomics, cultural resources, environmental 
justice, hazardous waste and materials, and military activities. Annual 
use of APAFR by the Navy for integrated and sustainment training would 
vary depending on, among other things, the availability of other East 
Coast ranges for training. To account for that variability, the impact 
analysis in the EIS considers both typical (three exercises) and 
maximum (six exercises) annual use.
    A discussion of those resource categories where the potential for 
significant impacts was identified or that were the subject of 
substantial comments follows.
    Airspace: Overall use of the designated altitude reservation 
airspace blocks and Restricted Airspace on APAFR would increase during 
any Navy exercise, but maximum use of any specific airspace element at 
one time would not exceed airspace capacity or the ability of 
controllers to manage the traffic. No changes to airspace would be 
required for implementation. No adverse impacts to the airspace use and 
management are anticipated.
    Noise: The noise exposure level on the ground at APAFR will be 
affected by aircraft operations in the Military Operating Areas (MOAs) 
and Restricted Airspace, and air-to-ground ordnance deliveries. The 
Federal Aviation Administration, other federal agencies, the Air Force, 
and the Navy identify the day/night average noise level (DNL) 65-dBA 
contour as a threshold level above which human exposure to aircraft 
noise may cause a significant impact. Noise generated from aircraft 
sorties in the MOAs and Restricted Airspace would not exceed the DNL 
65-dBA.
    Impulsive sounds such as a muzzle blast at a firing point (>62 dBC) 
would remain within the boundaries of the range, impacting only a very 
small area of the east clear zone for the runway at the main base, for 
noise generated from the firing of projectiles from weapons and the 
detonation of HE ordnance.
    The associated overpressure that accompanies the detonation of HE 
is measured as blast peak overpressure (dBP). The U.S. Department of 
Labor, Occupational Safety and Health Administration, has identified 
140 dBP as the maximum recommended unprotected exposure level necessary 
to prevent physiological damage to the human eardrum; the 130- and 140-
dBP contours would be largely confined to the impact areas or just 
beyond. The 115-decibel (dBP) peak noise contour from HE detention 
would extend over the main base and off range, approximately 22,420 
acres (9,073ha). Within the affected area, a low to moderate risk of 
noise complaints could be expected.
    Range Safety: There would be minimal increases in the risk of bird/
aircraft strikes; the risk of Class A aircraft mishaps due to increased 
operations would be relatively unchanged. Ground safety risks remain 
minimal. All weapon safety footprints (hazard areas) for delivered 
ordnance would remain within the range boundaries. There would be 
minimal risk to the public, since they will be precluded from the 
hazard areas during the exercise, and from areas designated as ``off-
limits'' permanently. Military and civilian employees and contractors 
would have EOD escorts when entering designated off-limits areas.
    Earth Resources: Soils could be disturbed due to target 
construction, target maintenance, ordnance impacts, ordnance disposal 
activities, new road and scoring tower construction, upgrades to roads, 
and road maintenance. The maximum area of soil disturbance, over the 
life of the action, in the ATPA and buffer zone would be approximately 
1,351 acres (547 ha). Removal of vegetation would be limited within the 
target area. Disking of soil within a target area would occur only for 
tactical representation.
    The Seasonal Soil Compartment Model (SESOIL model) was utilized to 
calculate the potential for soil contaminant concentrations based on 
typical and maximum possible usage over a 10-year period that could 
result from HE ordnance detonations in Alpha Plus and expenditure of 
small arms rounds and 20-millimeter (mm) cannon munitions at Echo and 
Foxtrot ranges. Small arms rounds and 20mm cannon munitions at Echo and 
Foxtrot ranges are the only component of the common elements that could 
result in the deposition of munitions constituents of concern in soils. 
Other munitions (e.g., practice bombs) would be cleared from the impact 
areas on a regular basis and are not expected to adversely contribute 
to hazardous constituent levels in soils. The estimated concentrations 
of munitions constituents of concern in soil predicted by the SESOIL 
model do not exceed Florida's risk based soil cleanup target levels 
(SCTLs).
    Use of HE ordnance could result in deposition of munitions 
constituents of concern in soil, including metals and explosives 
constituents. Under the typical and maximum-use scenarios, estimated 
munitions constituent concentrations are below industrial direct 
exposure SCTLs. Cyclo-1,3,5-trimethylene-2,4,6-trinitramine (RDX) and 
2,4,6-trinitrotuluene (TNT) are the only munitions constituents of 
concern predicted to exceed groundwater leachability-based SCTLs. 
Estimated concentrations of metal constituents are not expected to 
exceed leachability-based SCTLs. Estimated concentrations of aluminum 
are expected to exceed the soil screening benchmark (SSB) range in 
certain soil types. Under maximum conditions chromium is expected to 
exceed the lower end of the SSB range for certain soil types.
    Water Resources: No increase in flood hazard is expected as less 
than 1% of the 100-year floodplain area at APAFR would be impacted. The 
proposed action is consistent with the mandate of Executive Order (EO) 
11988. Target locations and associated construction will avoid 
wetlands; therefore no permit is presently required in accordance with 
EO 11990. There is a potential that use of HE could impact wetlands in 
the future resulting from alteration of hydrology from the 
displacement/disturbance of soil from direct ordnance delivery 
activities. The level of impact to wetland areas described in the EIS 
could occur over a several decade period if the Navy moved targets 
around within the ATPA to those parts currently identified as wetlands. 
The reported number of acres impacted assumes that all wetland areas 
within the ATPA and associated 300-foot buffers would be impacted. The 
maximum number of acres of wetlands potentially impacted would be 482 
acres (195 ha). (The wetland delineation used to determine that acreage 
was based on photogrametric interpretation, not actual field surveys.) 
A 2005 wetland delineation of specific portions of the Alpha Plus ATPA, 
using the methodology established in the Corps of

[[Page 37918]]

Engineers Wetlands Delineation Manual, indicates the number of acres 
impacted may be overestimated. There are no plans to move the targets 
and the Navy would conduct the proper analysis and possible permitting 
if target movement is required.
    Values predicted by the Summers model equation for computing time-
varying pollutant concentrations in the aquifer beneath the area of 
contaminated soil to predict constituents levels in groundwater, as 
modeled for a 10-year period, are not expected to exceed background 
concentrations for the small arms/20mm range activities. Maximum-
modeled values of lead concentrations deposited to surface water for 
the common elements are estimated to be well below the surface water 
ecological screening criteria established for lead by both the FDEP and 
the U.S. Environmental Protection Agency (USEPA). Comparisons of 
predicted lead deposition in bottom sediments of water bodies to values 
presented in the Florida Sediment Quality Assessment Guidelines for 
inland waters indicates no ecological concern associated with the lead 
concentration in sediments.
    Concentrations of RDX and TNT, from use of HE ordnance, were 
calculated in surface runoff using the highest soil concentration 
predicted by the SESOIL model. Predicted concentrations under both the 
typical- and maximum-use did not exceed the FDEP surface water quality 
clean-up target levels available for these constituents. RDX could 
potentially migrate through the soil column and into groundwater at 
concentrations above the cleanup target levels. No drinking water 
standard has been established for this constituent. Given that 
surficial groundwater at the site is not currently used as potable 
supply, as well as the low potential for contaminants to reach the 
underlying potable water supply because of confining layers and 
exercise coincident unexploded ordnance clearance activities, risk to 
human receptors from groundwater exposure will be minimal. Risk to 
ecological receptors from exposure to contaminants is expected to be 
negligible as ecological receptors are not typically exposed to 
groundwater.
    Deposition of metal contaminates are not predicted to result in 
elevated surface water concentration. The results of the Summers model 
indicate that aluminum, chromium, or nickel from ordnance are not 
expected to leach to groundwater at levels that would exceed 
established FDEP groundwater criteria or standards in either the 
typical- or maximum-use scenarios. Although the predicted aluminum 
concentrations are higher than the Florida drinking water standard and 
groundwater cleanup target levels, the predicted value will not exceed 
the accepted background screening value established for APAFR.
    Air Quality: Emissions from the common elements represent less than 
a 1% increase for all criteria pollutants, except lead. Lead emissions 
would increase 10% and 20% over baseline levels for typical and maximum 
use of the range, respectively. This increase will remain within the 
boundaries of APAFR. However, the impacts to air quality or to human 
health resulting from the increased lead emissions will be negligible 
because modeled lead concentrations were well below the National 
Ambient Air Quality Standards (NAAQS).
    Use of HE will result in an 18% (typical) to 34% (maximum) increase 
in particulate matter equal to or less than 10 microns in diameter 
(PM10), and an insignificant increase (<1%) for other 
criteria pollutants, such as ozone, carbon monoxide, nitrogen dioxide, 
sulfur dioxide. The PM10 emission increases over the 
baseline do not require a new air permit. The increases represent less 
than 1% of the PM10 emissions for either Polk or Highlands 
Counties. Emissions of chromium and nickel pollutants will be 
negligible; therefore, on-range and off-range chemical exposures pose 
an insignificant impact to air quality or human health.
    Since APAFR is in attainment for all criteria pollutants and 
implementation of the preferred alternative would not cause an 
exceedance of the NAAQS, a conformity determination is not required.
    Land Use and Recreation: Approximately 22,420 acres (9,073 ha) 
outside APAFR boundaries would be impacted by the 115-dBP impulsive 
noise contour from HE detonation, including 150 residences. The entire 
on-base cantonment area, including the State of Florida Department of 
Corrections operated Avon Park Correctional Institution (1200-1300 
inmates) and the Avon Park Youth Academy (200 youths), would be exposed 
to impulsive noise levels, that is the instantaneous sound generated by 
an explosion, greater than 115 dBP only when HE ordnance is expended 
during an exercise. Off-base land surrounding the range predominately 
support agriculture, rangeland, forestry, and wetlands. Ordnance noise 
increases are not expected to impact land use patterns, ownership, 
management, or plans and are not considered significant. A low to 
moderate risk of noise complaints is expected from the use of HE.
    Current land use within APAFR will be impacted by the proposed 
action. Short-term (60 to 120 days per year) impacts include the 
closure of a portion of or all areas of APAFR outside the main base 
during Navy training exercises. Long-term impacts include access 
restrictions to military, civilian employees, APAFR contractors, and 
the public for safety reasons within designated areas. Approximately 
4,561 total acres (1,824 ha) will be designated off-limits for public 
users of the range. Access restrictions will affect APAFR's recreation, 
grazing, and forest management and other land management programs. All 
access decisions, both short-term and long-term, will be subject to the 
discretion of the APAFR Commander based on the ORMA, current training 
requirements, and past training activities.
    Biological Resources: Construction and maintenance of targets and 
use of the ATPAs will, over time, result in the degradation or loss of 
wildlife habitats. The primary impacts would be to the cutthroat grass 
and scrub communities. 369 acres (148 ha) of cutthroat grass community 
and 343 acres (137 ha) of scrub community will potentially be impacted. 
Timber, including planted pines and natural stands, will be harvested 
by APAFR within the public off-limits areas before the implementation 
of the proposed action. The total number of acres of timber to be 
impacted will be 2,388 acres; of that 1,970 acres are planted pine and 
418 acres natural stand. Planned removal of planted pine stands will 
provide some potential ecological benefits related to habitat 
improvement to the Florida grasshopper sparrow (FGS) and Florida scrub-
jay (FSJ) when the timber is removed.
    Effects to the 14 species listed under the Endangered Species Act 
that may occur or are known to occur at APAFR are addressed in the 
Biological Opinion (BO) issued by the U.S. Fish And Wildlife Service 
(USFWS) in June 2005. Two plant species, hairy jointweed (also known as 
wireweed) and pigeonwing, are federally listed as endangered and 
threatened, respectively, under the Endangered Species Act. Dropping HE 
at Alpha Plus may affect, and would be likely to adversely affect both 
the hairy jointweed and the pigeonwing.
    Twelve listed animal species may occur or are known to occur in the 
vicinity of APAFR. The USFWS has concluded the Navy's proposed action 
will have ``no effect'' on: The Everglade snail kite, the sand skink, 
the bluetail mole skink, and the Highlands tiger

[[Page 37919]]

beetle. USFWS also concluded alternative 6 ``may affect, but is not 
likely to adversely affect'' these species: Red-cockaded woodpecker, 
woodstork, Audubon's crested caracara, bald eagle, and the Florida 
panther.
    USFWS reached a determination of ``may affect, likely to adversely 
affect'' for the following species: The eastern indigo snake, the 
Florida scrub-jay, and the Florida grasshopper sparrow. In an 
Incidental Take Statement to the BO, the USFWS authorized incidental 
take of these three species resulting from implementation of 
alternative 6.
    No significant adverse impacts to migratory birds are expected from 
implementation of the proposed action. Declines in populations of game 
species (e.g., deer, feral hog, and mourning dove) at APAFR are not 
expected as a result of the Navy's action. Non-game species that are 
not afforded special protection by government (i.e., not federally and 
state-listed species) generally occur in populations able to tolerate 
localized declines. Local population declines, however, are not 
anticipated as a result of the Navy's proposed action at APAFR.
    Socioeconomics: The proposed action will not substantially affect 
regional socioeconomics. APAFR runs a variety of public natural 
resource and recreation programs that earn income for the range and are 
linked to the regional economy. Reductions in the recreation, cattle-
grazing, and timber harvesting programs at APAFR as a result of short-
term and long-term access restrictions will be negligible when combined 
to the region as a whole. No significant adverse impact on the local 
economy and surrounding communities is anticipated.
    Cultural Resources: The Navy performed Phase I field work for 
unsurveyed areas within the off-limits area. Compliance with section 
106 of the National Historic Preservation Act (NHPA) was completed with 
a Memorandum of Agreement signed by the SHPO, Navy, and Air Force. 
Compliance efforts included consultation with the Florida SHPO and 
American Indian tribes; cultural resources inventory, and 
identification; and evaluation of identified resources for National 
Register of Historic Property (NRHP) eligibility. No impacts to 
cultural resources are expected.
    Environmental Justice: Resource topics anticipated to have the 
greatest potential for impacts on human populations include noise, 
safety, and land use and recreation. Based on a review of the impacts, 
there will not be any disproportionately high or adverse impact on 
minority and low-income populations.
    Hazardous Materials and Hazardous Waste Management: There will be 
an increase in the quantity of waste generated from target maintenance; 
however, expected increases will have minimal impact on the current 
waste management or disposal process. A premature/inaccurate ordnance 
release or a weapon system malfunction could result in HE ordnance 
accidentally landing on Environmental Restoration Program/Compliance 
Sites at APAFR. Range scrap/debris will be generated as a result of 
air-to-ground training and will be collected and removed on a scheduled 
basis.
    Military Activities: On-ground military training activities will be 
permanently restricted from the 5,638 acres (2,282 ha) off-limits area. 
Remaining impact areas at Bravo/Foxtrot and Charlie/Echo will receive 
higher utilization because of the common element activities, but due to 
the existing low utilization (27% for each; 4,132 hours of remaining 
capacity) the impact areas will remain well below capacity. Therefore, 
the decrease in range time capacity will not jeopardize existing 
mission activities and additional training can be accomplished within 
on-ground safety limitations.
    Agency Consultation and Coordination: The Navy.
    The Navy consulted and coordinated with Federal and State agencies 
regarding the Proposed Action at APAFR throughout the Environmental 
Impact Analyses Process. Agencies reviewing biological and cultural 
resources were contacted early in the environmental planning process 
and received IICEP notification in February 2003. Formal section 7 
consultation, in compliance with the Endangered Species Act, was 
initiated with the U.S. Fish and Wildlife Service (USFWS) in January 
2005. The USFWS concluded formal consultation when it issued a 
Biological Opinion in June 2005 with a determination of effect to each 
of the 14 listed species that may occur or are known to occur at APAFR. 
By letter dated March 25, 2005, the State of Florida agreed that the 
Navy's proposed training is consistent with the Florida Coastal 
Management Program. Section 106 consultation was initiated with the 
Florida SHPO in April 2005, pursuant to the NHPA. Section 106 
consultation was completed with the signing of a Memorandum of 
Agreement in August 2005.
    Mitigation Measures: Measures to avoid or minimize environmental 
impact from the Navy's proposed training activities at APAFR were 
incorporated into the basic proposed action as noted in 40 CFR 1502.14. 
These include actions, described below, designed to achieve reductions 
in the effect Navy training has on APAFR and the local community.
    Range Safety: The following mitigative actions will be taken to 
minimize safety risk: Provide EOD personnel to minimize adverse impacts 
associated with ground safety and explosive safety by escorting 
personnel into the Alpha Plus off-limits area, as necessary; use only 
impact fuses for delivery of HE ordnance; no use of HE ordnance between 
10 pm and 7 am; live guided bomb unit (GBU) drops would be limited to 
official daylight hours.
    Earth Resources: The following mitigative actions will be taken to 
minimize impacts to earth resources: Construct access roadways of 
materials resistant to erosion and rutting; monitor areas susceptible 
to erosion and rutting; limit vegetation clearing to only what is 
necessary to have tactically representative targets; limit soil disking 
to that required to support maintenance of targets and create 
firebreaks; use APAFR guidelines for erosion control.
    Water Resources: The mitigative actions taken to protect water 
resources at APAFR would be all of those listed to protect earth 
resources.
    Land Use and Recreation: The Navy will provide EOD personnel to 
minimize adverse impacts associated with ground safety and explosive 
safety by escorting personnel into the Alpha Plus off-limits area, as 
necessary. The Navy will provide advance notification of desired 
training periods to assist APAFR in scheduling range assets.
    Biological Resources: The following mitigative actions (listed as 
Terms and Conditions in the BO) will be taken to reduce potential 
environmental consequences to biological resources:
    Vehicle and equipment operators will be notified to avoid all 
snakes and burrows if at all possible. Target and construction 
maintenance teams will be educated to recognize the eastern indigo 
snake. If any snake is encountered, it will be avoided or allowed to 
leave the area on its own before vehicle or equipment use is resumed.
    Range personnel will conduct monitoring and management activities 
within the ATPAs, buffers, and public off-limit areas, including those 
areas where EOD escort is required. In addition, because implementation 
of the proposed action would result in the continuous presence of EOD 
personnel on the range, APAFR staff may conduct research activities 
currently prohibited due to the lack of EOD personnel in the HE areas 
on Bravo and Echo Ranges.

[[Page 37920]]

    Firebreaks will be in place around the entire Alpha Plus ATPA prior 
to the implementation of the Navy action.
    The Navy will support the Air Force's invasive exotic species 
monitoring and control program within the ATPAs, buffers, and public 
off-limit areas.
    The Navy will assist the Air Force in monitoring and control of the 
feral hog populations within the ATPA, buffers, and public off-limit 
areas.
    The Navy will coordinate with the Air Force to ensure that annual 
reports summarizing efforts to monitor the effects to listed species 
and their habitats are submitted by October 1st of each year.
    Upon locating a dead, injured, or sick individual of a federally 
listed species, notification must be made to the nearest USFWS Law 
Enforcement Office.
    Socioeconomics: The Navy will provide EOD personnel to APAFR in an 
effort to minimize adverse impacts associated with reduced range 
access. No other mitigative actions are proposed.
    Cultural Resources: To minimize adverse impacts to potential 
cultural resources, the Navy will, according to the Memorandum of 
Agreement, ensure that the following measure will be carried out in 
consultation with the SHPO: if the Navy encounters unanticipated 
historic properties or effects, reasonable efforts will be made to 
avoid, minimize, or mitigate adverse effects pursuant to 36 CFR 
800.13(b).
    Hazardous Materials and Hazardous Waste Management: To minimize the 
potential for detonation of HE ordnance on the OB/OD TTF site northeast 
of the Alpha impact area, but within the greater Alpha Plus ATPA, the 
Navy has been working with the FDEP and Air Force on the removal of the 
OB/OD landfill unit. The removal action will be completed prior to the 
first exercise. No other adverse impacts are expected, therefore, there 
are no recommended mitigative actions to reduce or eliminate 
environmental impacts from the proposed action.
    Military Activities: The following mitigative actions will be taken 
to reduce potential impacts to military activities that are currently 
conducted on the range:
    Each Navy HE training event will be conducted within a block of no 
more than 10 days.
    All known unexploded ordnance (UXO) will be disposed of within 
seven days of the 10-day HE block of range time, with roads being 
cleared first.
    Navy training exercises will be coordinated with other on-ground 
training missions, such as missions that are part of the Avon Park Air 
Ground Training Complex.
    Comments Received on the Final EIS: The Navy received a single 
letter regarding the Final EIS during the 30-day No Action Period. The 
letter, from the USEPA, concluded that EPA's initial concerns regarding 
the Draft EIS had been adequately addressed in the Final EIS but 
continued to emphasize the need to ensure functional replacement for 
the wetlands' value lost from this action.
    As previously discussed in the Water Resources subsection of the 
Consequences section, the Navy has chosen several target locations 
within the Alpha Plus ATPA for initial target placement. A wetland 
delineation was performed for the area encompassed by these locations. 
The USACOE concluded that no jurisdictional wetlands existed within 
these areas, therefore no permit is required under the Clean Water 
Action Section 404 permitting process. If in the future the Navy feels 
it needs to move target locations within the ATPA, it will ensure that 
the process for addressing impacts to wetlands is followed.
    Navy also received a comment letter from the Florida State 
Clearinghouse after the 30-day No-Action Period ended, forwarding 
comments from the Florida Department of Environmental Protection 
(FDEP).
    FDEP repeated two comments made during their earlier review of the 
Draft EIS. They requested an Environmental Monitoring Plan (EMP) to 
formally establish baseline water quality conditions, parameters, and 
annual reporting requirements. FDEP also reiterated prior concern about 
the former open burn/open detonation (OB/OD) site within the Alpha Plus 
area. A formal EMP is not necessary to assure compliance with 
applicable statutes.
    Modeling and analysis done in support of the EIS indicated a small 
possibility of munitions constituents of concern making their way to 
the surficial aquifer but it is not anticipated to impact groundwater 
resources used for potable purposes. The Navy's assessment is based on 
a number of factors. While the modeling contains the assumption that no 
UXO cleanup would be done during a 10-year period of maximum use, the 
Navy has committed to completing UXO clearance after every exercise. 
Additionally, there is an intermediate aquifer that isolates the 
Floridan aquifer from the surficial aquifer. The Navy will also work 
closely with the Air Force to implement DoD Instruction (DODI) 4715.14. 
This instruction requires military ranges to assess whether a release 
of munitions constituents of concern has occurred off range and the 
risk to human health and the environment. When finished, the Air Force 
is required to release the results to the public.
    The Navy, as stated earlier in this ROD, has committed to funding 
the removal of the OB/OD landfill units located in the Alpha Plus ATPA 
and is working with FDEP to ensure full compliance. Removal of this 
unit, which is the only RCRA permitted unit within the Alpha Plus ATPA, 
will be complete in 2006. Response actions regarding impacts to any of 
the environmental restoration program sites in APAFR resulting from 
Navy training activities, including an inadvertent impact of ordnance, 
would be coordinated with the EPA, the FDEP, and other relevant 
stakeholders.
    Summary: In determining how best to expand APAFR's capabilities to 
allow the Navy to conduct all components of ``air-to-ground ordnance 
delivery and training'' of integrated and sustainment levels of the 
FRTP at the range, a critical element of which is delivery of HE 
ordnance, I considered impacts to the following areas: Airspace, noise, 
range safety, earth resources, water resources, air quality, land use 
and recreation, biological resources, socioeconomics, cultural 
resources, environmental justice, hazardous waste and materials, and 
military activities. I have also taken into consideration the Navy's 
consultation with the USFWS regarding endangered species, the SHPO 
regarding cultural resources, and the USACOE regarding wetlands. I have 
also considered the comments sent to the Navy by the regulatory 
community, state and local governments, and the public. After carefully 
weighing all of these factors, I have determined that alternative 6, 
use of the Alpha Plus range for HE air-to-ground ordnance delivery 
combined with the common element activities, will best meet the needs 
of the Navy while minimizing the environmental impacts associated with 
the re-introduction of HE ordnance to the APAFR.

    Dated: June 21, 2006.
BJ Penn,
Assistant Secretary of the Navy (Installations and Environment).
[FR Doc. E6-10356 Filed 6-30-06; 8:45 am]
BILLING CODE 3810-FF-P