[Federal Register Volume 73, Number 70 (Thursday, April 10, 2008)]
[Notices]
[Pages 19590-19592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7498]


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DEPARTMENT OF VETERANS AFFAIRS

DEPARTMENT OF DEFENSE

Department of the Navy


National Cemetery Administration; Record of Decision for the 
Annex to the Fort Rosecrans National Cemetery at Marine Corps Air 
Station Miramar, San Diego, CA

AGENCY: National Cemetery Administration, DVA and Department of the 
Navy, DoD.

ACTION: Notice of Record of Decision.

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SUMMARY: 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 Veterans Affairs, National 
Cemetery Administration (VA) and the Department of the Navy (DON) 
announce their decision to enter into a land use agreement for the 
construction and operation of an annex to the existing Fort Rosecrans 
National Cemetery at Marine Corps Air Station (MCAS) Miramar, in San 
Diego, California. The land use agreement between the DON and the VA 
will govern the construction and operation of the cemetery annex at 
MCAS Miramar at Site 2, the preferred alternative, as described in the 
Final Environmental Impact Statement (FEIS) of July 2007.

FOR FURTHER INFORMATION CONTACT: Ms. Hiphil Clemente, Naval Facilities 
Engineering Command, Southwest, 1220 Pacific Highway, San Diego, 
California 92132-5190, telephone: 619-532-3781, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: The VA operates the Fort Rosecrans National 
Cemetery, located on the Point Loma Submarine Base, San Diego, 
California. The VA identified a need for additional burial space for 
the approximately 253,000 San Diego area military veterans over the 
next 20 to 30 years. The purpose of the proposed action is to meet the 
mission of the VA to provide burial space on federal land for military 
veterans in the San Diego area. Fort Rosecrans National Cemetery, the 
only national cemetery in San Diego County, has been closed to casketed 
burials since 1966. It is scheduled to be closed to burials of cremated 
remains by 2008 and has no additional land available for expansion.
    Alternatives Considered: A screening process, based upon criteria 
set out in the EIS, identified a reasonable range of alternatives that 
would satisfy the VA's purpose and need while preserving the 
capabilities of DON to conduct military training. Two site alternatives 
and the no action alternative were analyzed in detail in the EIS.
    The preferred alternative, Site 2, is 323 acres in size and located 
in the northwest corner of MCAS Miramar. The development footprint for 
Site 2 is approximately 214 acres. The site is bounded by Miramar Road 
to the north, the commuter/freight railway to the south and east, and 
the western boundary of MCAS Miramar to the west. Vehicular access will 
be via Miramar Road to the north and Nobel Drive to the northwest. 
Based on the conceptual site plan, Site 2 will provide 50,000 casketed 
gravesites and 40,000 columbarium niches. As part of cemetery annex 
establishment, a Public Information Center and Visitor Orientation 
Facility will be constructed near the main entrance and cortege 
assembly area. It will consist of a combination building/covered plaza 
and will include a small visitor parking area separate from the cortege 
assembly area, and public restrooms and electronic gravesite locator 
for visitors. Two Committal Service Shelters will be provided for away-
from-gravesite internment services. The cemetery annex will have a 
stand-alone flag area, designed and landscaped to maximize the 
attractiveness and dignity of the place. The area will include a 
flagpole, a turf assembly area for ceremonies and small gatherings, and 
a focal point that could be used by speakers. Separate Administrative 
and Maintenance Complexes will be constructed, including office and 
workspace for cemetery staff. The Maintenance Complex will include a 
13,700-square feet maintenance yard to accommodate the unloading of a 
tractor-trailer truck. The cemetery annex will include parking for 
visitors and staff, signage, benches, recycling and trash receptacles, 
and flower containers. With the selection of the Site 2 Alternative, 
master planning and design of the new cemetery annex will take place. 
The facilities and burial sites to be developed will stay within the 
project footprint identified in the Final EIS.
    The Site 4 Alternative is located in the south-central portion of 
MCAS Miramar in the former Camp Elliott area and is approximately 175 
acres. The site is completely surrounded by limited-access highways 
with State Route 163 to the west, State Route 52 to the south, and 
Interstate 15 to the east. Kearny Villa Road traverses the site in a 
north-south direction. The Site 4 Alternative would be developed 
similar to the Site 2 Alternative. The maximum number of casketed 
gravesites would be 31,000 and 26,000 columbarium niches for cremated 
remains.
    Under the no action alternative, there would be no land use 
agreement between the DON and the VA for the construction and operation 
of an annex to Fort Rosecrans National Cemetery. The no action 
alternative is the environmentally preferred alternative because it 
does not involve any change to the physical environment. However, this 
alternative does not meet the purpose and need of the Proposed Action 
to provide needed burial space on federal land for military veterans in 
the San Diego area.
    Other alternatives were considered, but dismissed as not being 
practicable. These include 2 other sites on MCAS Miramar, other Federal 
lands in the San Diego area, and purchase of land by the VA for the 
cemetery annex.
    Environmental Impacts: The VA and the DON prepared an EIS to 
evaluate the potential environmental impacts associated with the 
implementation of each of the alternatives for the following resource 
areas: Land use; socioeconomics/environmental justice; utilities; 
public services; visual resources; cultural resources; biological 
resources; soils and geology; water resources; public health and 
safety; traffic/circulation; air quality; and noise. Chapter 4 of the 
FEIS provides a detailed discussion of impacts and mitigation measures.
    The preferred alternative, Site 2, presents no significant impacts 
to land use, socioeconomics/environmental justice, utilities, public 
services, visual resources, cultural resources, soils and geology, 
water resources, public health and safety, traffic/circulation; and air 
quality; thus no mitigation measures are offered for those resources. 
Implementation of the preferred alternative will result in impacts to 
biological resources and land use

[[Page 19591]]

compatibility with noise from nearby military aviation facilities.
    Formal consultation with the U.S. Fish and Wildlife (USFWS) 
resulted in several redesigns of the Site 2 development footprint to 
reduce potential impacts to sensitive biological resources. The 
redesigns ultimately reduced the development footprint from 323 acres 
to 214 acres, although the parcel that is the subject of the land use 
agreement remains at 323 acres. The proposed action will impact 
approximately 213.60 acres of undeveloped land, including 17.16 acres 
of regionally rare plant communities. Approximately 12.97 acres of 
largely disturbed habitat recently occupied by coastal California 
gnatcatcher (Polioptila californica californica; CAGN) will also be 
impacted. Additionally, two vernal pools (0.010 acre) and 27 man-made 
depressions (0.299 acre) with San Diego fairy shrimp (Branchinecta 
sandiegonensis; SDFS) and 4 vernal pools (0.013 acre) with no federally 
listed species will be directly impacted. Development of Site 2 will 
also impact five ephemeral drainages totaling approximately 3,333 feet 
and 0.230 acre.
    Aircraft noise levels over Site 2 range from 68-79 A-weighted 
decibels (dBA) Community Noise Equivalent Level (CNEL). Cemeteries are 
a compatible use in this noise range, with the stipulation that noise 
reduction be provided in buildings where the public is received and in 
other noise sensitive areas or where the noise level should be low. In 
these noise-sensitive areas, the interior noise level must be reduced 
to less than 50 dBA CNEL.
    Mitigation: Unless otherwise specified, mitigation measures 
identified in the FEIS and the U.S. Fish and Wildlife Service 
Biological Opinion are the responsibility of the VA, and such measures 
will be specified in the land use agreement governing the relationship 
between the VA and the DON.
    Mitigation measures for impacts to biological resources will be 
implemented in accordance with the mitigation planning guidance in the 
MCAS Miramar Integrated Natural Resources Management Plan. 
Additionally, all reasonable and prudent measures and terms and 
conditions of the USFWS Biological Opinion issued on 6 April 2007 (1-6-
06-F-4652.3) will be incorporated into the project.
    Permanent direct effects to plant communities/vegetative cover will 
be compensated for as follows:
     Compensation for permanently, directly affected 
undisturbed and suitable native plant communities recently occupied by 
the CAGN at a ratio of 2:1;
     Compensation for permanently, directly affected disturbed 
and suitable native plant communities recently occupied by the CAGN at 
a ratio of 1:1;
     Compensation for permanently, directly affected disturbed 
habitat recently occupied by the CAGN at a ratio of 0.5:1; and
     Compensation for permanently, directly affected regionally 
rare but unoccupied plant communities at a ratio of 1:1 for undisturbed 
habitat and at a ratio of 0.5:1 for disturbed habitats.
    Based on the ratios above, compensation for impacts to 
approximately 12.97 acres of plant communities/vegetative cover will be 
15.98 acres. Compensation will be provided through the VA's acquisition 
of habitat for permanent preservation accompanied by a one-time 
contribution for long-term management. The locations of compensation 
lands will be off MCAS Miramar, and are anticipated to be within the 
East Fortuna Mountain Preserve within Mission Trails Regional Park, 
east of MCAS Miramar.
    Permanent direct effects to SDFS and the basins supporting the 
species will be compensated for as follows:
     Compensation for permanently, directly affected, 
relatively undisturbed, vernal pools that support SDFS, at a ratio of 
3:1;
     Compensation for permanently, directly affected, 
relatively undisturbed or degraded vernal pools without the presence of 
federally listed species, at a ratio of 1:1 to obtain no net loss; and
     Man-made depressions (i.e., ruts, puddles, impoundments, 
ditches) with SDFS and vernal pool indicator plants at a ratio of 
1.5:1.
    Based on the ratios above, compensation impacts to approximately 
0.322 acre of vernal habitat will be 0.492 acre. Compensation will 
occur through restoration/reestablishment of similar quality habitat 
within the 323-acre parcel that is the subject of the land use 
agreement. This compensation will include the development and 
implementation of a restoration, management, and monitoring plan that 
will outline the process and guidelines of restoration and 
reestablishment for off-site vernal pool habitat.
    Impacts to jurisdictional waters are anticipated with the project. 
Review and approval by the Army Corps of Engineers (ACOE) for all 
jurisdiction impacts will be needed to determine final Clean Water Act 
permitting requirements. A formal wetland assessment of the functions 
and values of the wetlands and waters for the project site will be 
conducted, and will consist of a jurisdictional delineation (i.e., 
determining whether stream features are jurisdictional waters or 
contain jurisdictional wetlands) within proposed permanent impacts 
areas and outside the proposed project footprint for temporary impacts 
related to construction activities. A formal ACOE jurisdictional 
determination and delineation report for waters and wetlands will be 
required for submittal to the ACOE and USFWS to request their review 
and concurrence of the determination and delineation results. The 
majority of the drainages within the property are unvegetated waters 
that would be regulated by the ACOE. The results of this assessment in 
coordination with the ACOE and USFWS will determine the measures 
required to mitigate for any impacts to the wetland areas. The VA will 
be responsible for these studies and the subsequent permitting and 
mitigation, if required. Wetland mitigation will occur off MCAS Miramar 
or, if off-Station mitigation is not practicable, within the 323-acre 
parcel that is the subject of the land use agreement.
    To reduce the interior noise levels to a satisfactory level, the VA 
will design the Administrative Complex to provide an interior noise 
level less than 50 dBA CNEL.
    Although there would be no significant impacts to air quality 
resulting from the construction and operation of the cemetery, the VA 
will incorporate measures identified in the FEIS to minimize air 
emissions from grading, earthwork, and operations.
    The VA will promote green building practices identified in the 
FEIS. This includes, but is not limited to, maximizing the use of 
reclaimed water for irrigation and non-potable purposes, exploring the 
use of renewable energy such as solar power where feasible, and 
providing recycling receptacles throughout the project area.
    The preferred alternative presents no other significant impacts 
that cannot be mitigated.
    Response to Comments Received Regarding the Final Environmental 
Impact Statement: The FEIS was distributed to government agencies and 
the public on 7 September 2007, for a 30-day public review period. 
Comments were received from the U.S. Environmental Protection Agency 
(USEPA), Region IX. USEPA reiterated its previously submitted concerns 
regarding compensation for permanent impacts to biological resources, 
including habitats that are rare and/or support endangered species. 
They continue to recommend a 1:1

[[Page 19592]]

compensation ratio for impacts to regionally rare and declining 
habitats, even if disturbed, and for DoN to compensate for impacts to 
occupied grasslands. This issue was addressed in the FEIS and the 
responses to comments on the DEIS.
    USEPA also acknowledged the consideration of its recommendations to 
promote green building practices and reduce air emissions from 
construction and requested that a commitment to these practices and 
measures be included in the ROD. The ROD includes this commitment.
    Conclusions: After careful consideration of the purpose and need 
for the proposed action, the analysis contained in the EIS, and the 
comments received on the EIS from Federal, state, and local agencies, 
non-governmental organizations, and individual members of the public, I 
have determined that the preferred alternative, Site 2, will best meet 
the needs of the DON and VA for the following reasons:
     It will provide 50,000 full-casket burial sites (19,000 
more than site 4) and will provide 40,000 columbarium niches (14,000 
more than site 4).
     It has less permanent direct effects to SDFS and the 
basins supporting this species. Additionally, it has no impacts to San 
Diego mesa mint (Pogogyne abramsii).
     It has no significant traffic/circulation impacts.
     It has no significant public health and safety or land use 
impacts.

    For: Department of Veterans Affairs.

    Dated: January 7, 2008.
William F. Tuerk,
Under Secretary for Memorial Affairs.
    For: Department of the Navy.

    Dated: April 1, 2008.
BJ Penn,
Assistant Secretary of the Navy (I&E).
[FR Doc. E8-7498 Filed 4-9-08; 8:45 am]
BILLING CODE 3810-FF-P