[Federal Register Volume 73, Number 94 (Wednesday, May 14, 2008)]
[Notices]
[Pages 27805-27811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10752]


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DEPARTMENT OF DEFENSE

Department of the Navy


Record of Decision for 2005 Base Realignment and Closure Actions 
at National Naval Medical Center, Bethesda, MD

AGENCY: 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. Section 4332(2)(c), the 
regulations of the Council on Environmental Quality (CEQ) for 
Implementing the Procedural Provisions of (40 CFR parts 1500-1508) and 
the Department of the Navy (DON) NEPA regulation (32 CFR part 775), the 
DON announces its decision to implement 2005 Base Realignment and 
Closure (BRAC) Actions at the National Naval Medical Center (NNMC) in 
Bethesda, MD. The implementation of BRAC 2005 at NNMC will be 
accomplished as set out in the Preferred Alternative and described in 
the Final Environmental Impact Statement (Final EIS).

FOR FURTHER INFORMATION CONTACT: Officer in Charge--BRAC, NNMC, 8901 
Wisconsin Avenue, Bethesda, MD 20889. Telephone 301-319-4561.

SUPPLEMENTARY INFORMATION: The Defense Base Closure and Realignment Act 
of 1990, Public Law 101-510 directs the implementation of the BRAC 
Commission recommendations. The BRAC Commission recommendations affect 
NNMC in Bethesda, MD by relocating certain Walter Reed Army Medical 
Center (WRAMC) activities from Washington, DC to NNMC, establishing it 
as the Walter Reed National Military Medical Center (WRNMMC). The 
specific BRAC 2005 recommendation is to realign WRAMC, Washington, DC, 
as follows: Relocate all tertiary (sub-specialty and complex care) 
medical services to NNMC, Bethesda, MD, establishing it as the WRNMMC 
Bethesda, MD; relocate Legal Medicine to the new WRNMMC Bethesda, MD; 
relocate sufficient personnel to the new WRNMMC Bethesda, MD, to 
establish a Program Management Office that will coordinate pathology 
results, contract administration, and quality assurance and control of 
Department of Defense (DoD) second opinion consults worldwide; relocate 
all non-tertiary (primary and specialty) patient care functions to a 
new community hospital at Fort Belvoir, VA. The BRAC law requires the 
completion of the

[[Page 27806]]

realignment actions by 15 September 2011.
    The purpose for the Proposed Action is to establish a single 
premier military medical center at the NNMC Bethesda site in accordance 
with the BRAC legislation. The need for the Proposed Action is to 
implement the BRAC law, which requires development of both new and 
improved facilities to accommodate the projected additional patients 
and staff on account of the known shortfall of facility space and 
associated infrastructure to support them at the existing NNMC. The 
BRAC-directed relocations from WRAMC will result in movement of medical 
and medical support services to NNMC and implementation of BRAC 
Commission recommendations would result in an increase of approximately 
2,200 personnel or staff. Similarly, additional visitors and patients 
entering NNMC could average approximately 1,862 on a typical weekday. 
These facilities would support the following military medical tertiary 
care functions: Additional inpatient and outpatient care; traumatic 
brain injury and psychological health care; additional medical 
administration space; transitional health care spaces for patients 
requiring aftercare following successful inpatient treatment, to 
include appropriate lodging accommodations on campus for these patients 
and their supporting aftercare staff; a fitness center for patients and 
staff; and additional parking for patients, staff, and visitors.
    The Proposed Action is to provide necessary facilities to implement 
the BRAC 2005 realignment actions. To implement the actions directed by 
the 2005 BRAC law, the Navy proposes to provide: (a) Additional space 
for inpatient and outpatient medical care as well as necessary 
renovation of existing medical care space to accommodate the increase 
in patients; (b) a National Intrepid Center of Excellence for Traumatic 
Brain Injury and Psychological Health diagnosis, treatment, clinical 
training, and related services to meet an urgent need for traumatic 
brain injury and psychological health care; (c) medical administration 
space; (d) clinical and administrative space for the Warrior Transition 
Unit to deliver transitional aftercare and associated patient education 
programs; (e) Bachelor Enlisted Quarters to accommodate the projected 
increase in permanent party enlisted medical and support staff as well 
as provide transitional lodging required to support aftercare patients 
receiving treatment on an extended basis; (f) a fitness center for the 
rehabilitation of patients and for staff; (g) parking for the 
additional patients, staff, and visitors; and (h) two Fisher 
HousesTM to provide patients with transitional homelike 
lodging.
    Public Involvement: From the initial stages of the NEPA process, 
the Navy has actively engaged and encouraged public participation. The 
Navy published a Notice of Intent (NOI) to prepare an EIS in the 
Federal Register (Vol. 71, No. 224, Page 67343) on November 21, 2006, 
which initiated a 45-day scoping period ending on January 4, 2007. The 
Navy held four public scoping meetings in Bethesda, MD between December 
12, 2006 and December 20, 2006. The Navy notified key federal, state, 
and local officials and the public of the scoping meetings via various 
avenues, including: Direct contact, leading local newspapers, 
notification flyers, and an announcement on publicly accessible NNMC 
and Montgomery County Web sites. In response to requests for additional 
time for public participation, the Navy continued to accept comments 
until February 3, 2007, and held two additional public information 
meetings in Bethesda, MD on January 30, 2007 and on February 1, 2007. 
All comments received were considered in the preparation of the Draft 
EIS.
    The U.S. Environmental Protection Agency (USEPA) published a Notice 
of Availability (NOA) for the Draft EIS in the Federal Register (Vol. 
72, No. 240, Page 71138) on December 14, 2007. The publication of the 
NOA initiated the 45-day public review period, which ended on January 
28, 2008. The Navy published the NOA and Notice of Public Hearing 
(NOPH) in the Federal Register (Vol. 72, No. 240, Page 71126) on 
December 14, 2007. To notify key federal, state, and local officials 
and the public, the Navy used similar channels for the Draft EIS NOA/
NOPH as for the public scoping period.
    The Navy held two public hearing meetings in Bethesda, MD on 
January 9 and 10, 2008. Attendees included representatives of federal, 
state, and local agencies, and the general public. The Navy received 
approximately 1,200 comments with the majority of the comments focusing 
on transportation, external coordination issues, compatibility with 
other community planning efforts, and other environmental issues and 
factors. The Navy reviewed and addressed all comments received in the 
Final EIS. The Navy published the NOA for the Final EIS in the Federal 
Register (Vol. 73, No. 65, Page 18262) on April 3, 2008. The USEPA 
published the NOA for the Final EIS in the Federal Register (Vol. 73, 
No. 66, Page 18527) on April 4, 2008, which initiated a 30-day Wait 
Period (no action period).
    Alternatives Considered: The Navy evaluated alternatives that would 
meet the purpose and need of the action and applied screening criteria 
to identify alternatives that were ``reasonable''. The screening 
process and selection criteria were set out in the EIS (Section 2.10). 
The result of the screening process was the evaluation of two BRAC 
action alternatives, referred to in the Final EIS as the Preferred 
Alternative and Alternative Two, and the evaluation of the No Action 
Alternative. Both BRAC action alternatives would provide the new WRNMMC 
with approximately 1,652,000 square feet (SF) of new building 
construction and renovation, as well as a net gain of approximately 
1,800 parking spaces. The Final EIS alternatives assume that there 
would be 1,862 additional patients and visitors each weekday and a 
conservative estimate of 2,500 additional personnel. The two BRAC 
action alternatives have a common concept for the major medical care 
facilities, siting them in proximity to the existing medical care 
facilities on the western side of the installation. The alternatives 
differ in their siting of the required facilities within the 
installation and in their use of new construction versus renovation of 
existing buildings to obtain some of the needed administrative space. 
Both alternatives would implement state of the art features in medical 
design and environmental best management practices (BMPs) such as 
Leadership in Energy and Environmental Design (LEED) Silver 
certifications for new construction.
    Preferred Alternative. The Preferred Alternative would implement 
the Proposed Action with the facilities described above by adding to 
NNMC approximately 1,144,000 SF of new building construction; 
approximately 508,000 SF of renovation to existing building space; and 
approximately 824,000 SF of new parking facilities. The Navy selected 
the Preferred Alternative because of superior functional efficiency 
with regard to the placement of the National Intrepid Center of 
Excellence and two Fisher HousesTM, lower costs associated 
with employing more renovation to provide needed facilities, and lower 
environmental impacts.
    Alternative Two. Alternative Two would implement the Proposed 
Action by providing the same facilities for the same requirements as 
for the Preferred Alternative. However, the location and the choice of 
new construction versus renovation of some facilities would differ from 
the Preferred Alternative.

[[Page 27807]]

Alternative Two would add to NNMC approximately 1,230,000 SF of new 
building construction; approximately 423,000 SF of building renovation 
to existing building space; and approximately 824,000 SF of new parking 
facilities.
    No Action Alternative. The No Action Alternative was required by 
statute and evaluated the impacts at NNMC in the event that additional 
growth from BRAC actions would not occur. Under the No Action 
Alternative, NNMC would continue to maintain and repair facilities in 
response to requirements from Congressional action or revisions to 
building codes. The No Action Alternative would not implement the 
Proposed Action and would not achieve legal compliance with the BRAC 
law. The No Action Alternative serves as a baseline alternative against 
which environmental impacts of the two action alternatives are 
measured.
    Environmentally Preferred Alternative. The No Action Alternative 
maintains the status quo and therefore does not impact the existing 
environment. It is the environmentally preferred alternative. However, 
it does not meet the purpose and need of the action, however, and does 
not comply with BRAC law. Therefore, a further environmental comparison 
of the two action alternatives, which meet purpose and need, is 
provided below.
    The Preferred Alternative and Alternative Two provide an equal 
amount of new space for the BRAC requirements; however, the Preferred 
Alternative provides this space with 85,000 SF more renovation than 
Alternative Two and 85,000 SF less new construction than Alternative 
Two with resultant reduced use of resources. The Preferred Alternative 
uses more area already developed for its facilities, converting 28 
percent less area into impervious surface (3.4 acres versus 4.7 acres), 
a potentially lesser impact to water resources. However, appropriate 
stormwater management BMPs would reduce impacts for either alternative. 
The renovation of Building 17 and potential renovation of Buildings 18 
and 21 under the Preferred Alternative could have positive impacts on 
unused historic resources, while the demolition of historic Building 
12, which is an option under the Preferred Alternative, would have an 
adverse effect. Appropriate mitigation determined under Section 106 
consultation would compensate for demolition of Building 12, should it 
occur. The location of the Fisher HousesTM under Alternative 
Two are potentially within 150 feet of Woodlands 6, which could provide 
habitat for the federally-endangered Delmarva Fox Squirrel, 
necessitating further Section 7 investigations and consultation under 
the Threatened and Endangered Species Act. No facilities under the 
Preferred Alternative are within 150 feet of potential habitat for this 
species and Section 7 consultation is not required. Impacts for other 
resource areas, including transportation, are essentially the same for 
the two action alternatives. On balance, the Preferred Alternative is 
considered environmentally preferred among the two action alternatives.
    Decision: After considering the potential environmental 
consequences of the action alternatives (Preferred Alternative and 
Alternative Two), and the No Action Alternative, the Navy has decided 
to implement the Preferred Alternative.
    Environmental Impacts: In the EIS, the Navy analyzed the 
environmental impacts that could occur as a result of implementing each 
of the alternatives, as well as the No-Action Alternative. Chapters 2 
and 4 of the Final EIS provide a detailed discussion of impacts and 
mitigation measures. This ROD, however, focuses on the impacts 
associated with the Preferred Alternative.
    Geology, Topography and Soils. Approximately 12.2 acres would be 
disturbed by the construction of new facilities at NNMC, with 8.8 acres 
of construction on existing impermeable surfaces requiring demolition 
and 3.4 acres of new construction on open space. This would increase 
the current 98 acres of impermeable surface area at NNMC by 
approximately 3.5 percent. Prior to construction at NNMC, a General 
Permit for Construction Activity would be obtained which would include 
an approved sediment and erosion control plan. Application of soil 
erosion and sediment control measures would likely result in minor 
adverse impacts to soils from construction occurring on open areas and 
no impacts to soils from construction occurring on sites covered by 
existing manmade structures such as pavement.
    Water Resources. Approximately 3.4 acres of existing pervious soil 
surfaces at NNMC would be converted to impervious development. 
Implementation of a sediment and erosion control plan and a state-
required stormwater management plan would control any increases in 
sediment and surface stormwater runoff during construction and 
operation. The construction would be designed to avoid all floodplains. 
Wetland habitats would not be affected as a result of implementing the 
Preferred Alternative. The only proposed structure in the vicinity of 
the unnamed tributary to Stoney Creek is the Southern Parking facility 
which would be located at least 75 feet from the tributary. An 
investigation of this site was conducted and found that there are no 
wetlands present (Appendix E).
    Biological Resources. The proposed projects would convert existing 
developed land or landscaped areas into developed facilities with 
landscaped vegetation. Impacts to vegetation could be adverse but not 
significant because areas considered for the projects are located in 
areas with existing structures or pavement, or in areas of grassy 
meadow and lawn with thinly scattered trees and shrubs commonly found 
within the region. Although no rare, threatened, and endangered species 
have been identified at NNMC, the U.S. Fish and Wildlife Service has 
indicated that the federally endangered Delmarva Fox Squirrel could be 
present in mature pine and hardwood forests in Maryland. No effect to 
this federally endangered species would be expected because none of the 
proposed projects require development of mature forest habitat and no 
activities are proposed within 150 feet of mature forest habitat.
    Air Quality. NNMC is in an air quality control region that is in 
moderate nonattainment for ozone and in nonattainment for particulate 
matter with diameter less than or equal to 2.5 micrometers 
(PM2.5), and is in maintenance for carbon monoxide (CO). It 
is also in an ozone transport region. Federal actions located in 
nonattainment and maintenance areas are required to demonstrate 
compliance with the general conformity guidelines. The Final EIS has 
completed a General Conformity Rule applicability analysis for the 
ozone precursor pollutants nitrogen oxides and volatile organic 
compounds, for PM2.5, and the PM2.5 precursor 
pollutant sulfur dioxide, and for CO to analyze impacts to air quality. 
It determined that annual project emissions do not exceed the de 
minimis levels for moderate ozone nonattainment, PM2.5 
nonattainment, or CO maintenance levels established in 40 CFR 93.153 
(b) for NOX, PM2.5, CO, and SO2 of 100 
tons per year or for VOCs of 50 tons per year and are not regionally 
significant. Therefore, full conformity determination is not required 
and impacts from these pollutants are not significant. A Record of Non-
Applicability was included in the Final EIS. A hot spot evaluation of 
vehicle CO emissions was also performed both in the parking garages and 
at the five intersections adjacent to NNMC. The analysis determined 
that CO

[[Page 27808]]

concentrations remain below allowable ambient standards.
    Noise. Demolition, construction, and renovation noise would occur 
at NNMC under the Preferred Alternative. The noise would be short-term, 
typical of construction activities, and would be managed to meet State 
and Montgomery County criteria. Construction noise near sensitive 
receptors within and outside NNMC would require careful planning and 
potential implementation of noise reduction measures. Noise caused by 
additional traffic would be primarily from passenger cars and would not 
be expected to change existing noise levels noticeably to receptors 
along roadways. The potential increase in helicopter activities, 
primarily for medical emergencies, is expected to increase flights into 
NNMC by one to two flights per month and is not considered a 
significant increase from existing conditions.
    Infrastructure. Based on initial estimates of utility demands and 
provider capacity, no major issues are anticipated. The new BRAC 
projects that add to utility demands at NNMC reduce demands at WRAMC as 
functions move from older, less efficient buildings at WRAMC to LEED 
Silver certified buildings at NNMC. As designs are finalized, 
additional utility studies will be conducted to identify whether 
improvements to any utility lines or pipes within or outside NNMC are 
appropriate and these improvements would be implemented as part of the 
construction. The NNMC systems have adequate redundancy to assure an 
ability to provide continued service while any line is shut down.
    Transportation. The BRAC movement of added staff and patient 
workload to the existing NNMC campus to create the directed WRNMMC will 
occur in an already congested urban environment. Results from the 
Traffic Study analysis show that the additional traffic expected during 
operation of the BRAC facilities would increase overall traffic in the 
vicinity of the future WRNMMC during peak hours. The analysis of peak 
hours provides the worst condition to be expected and includes both new 
employees and the projected daily patients and visitors in its 
estimates of peak traffic.
    The Traffic Study of 27 intersections near NNMC indicated that 5 
intersections near the NNMC campus are projected to operate in excess 
of the Montgomery County standards during peak hours under the 
Preferred Alternative. One of these intersections exceeds standards 
specifically because of the additional traffic under the Preferred 
Alternative; the remaining four would already operate in excess of 
County standards under background conditions in 2011, independent of 
the BRAC Action's added traffic. As noted, the BRAC Alternative traffic 
adds to volumes at all intersections, including those above standards.
    Construction traffic volumes are significantly lower than the 
commuter and patient or visitor volumes expected during operations; 
therefore, construction traffic would be expected to have less of an 
impact on area roadways. The construction crew commuting will be 
constrained by limiting parking spaces (currently 200 spaces); 
contractors are committed contractually to (and gain LEED points by) 
subsidizing mass transit and bussing from designated parking lots for 
other construction workers. With the area in front of Building 1 being 
provided for contractor use, contractors will be able to conduct their 
material staging on the NNMC campus and the entrance to NNMC for this 
site would be managed to minimize potential effects to Rockville Pike 
from queuing.
    Cultural Resources. Under Section 106 of the National Historic 
Preservation Act, the Navy is pursuing formal Section 106 consultation 
to resolve all adverse effects to historic properties. The Navy letter 
of intent and Maryland Historical Trust concurrence with the Navy 
approach is included in the FEIS, Appendix A, Part I. In accordance 
with this agreement, Section 106 consultation for all projects which 
impact cultural resources will be completed before construction begins 
on those projects.
    The construction of new buildings in the NNMC Bethesda Historic 
District, particularly the two Medical Additions, impacts the setting 
of the historic Central Tower Block, its Front Lawn, and protected view 
shed. The Maryland Historic Trust State Historical Preservation Office 
(MD SHPO) has concurred with the Navy's determination that Buildings A 
and B will have no adverse effects to Building 1, under the conditions: 
(1) The state agency will be provided samples of proposed exterior 
materials for review and approval and (2) the Navy will ensure that no 
significant historic landscape features will be permanently damaged by 
the temporary use of lawns and courtyards for construction staging and 
management.
    The Navy is continuing to consult with Maryland Historical Trust to 
complete a Memorandum of Agreement (MOA) for the adverse impact to 
Building 12. This MOA will be signed before Building 12 is demolished.
    Land Use. Land use is consistent with plans and precedence. The 
proposed facilities within NNMC are compatible with adjacent 
facilities. No direct effects outside the NNMC boundaries to land use 
are expected. BRAC actions would increase traffic in the area adjacent 
to NNMC and community planners believe that traffic congestion in the 
region could cause land development plans to be altered.
    Socioeconomics. Major beneficial economic effects to the 
surrounding economy would be expected resulting from the large 
investment in construction and renovation of facilities. No relocation 
of off-base personnel is expected as a result of the proposed action, 
as staff would be coming from WRAMC, located 6 miles away, within the 
Region of Influence. Therefore, no significant effects on demographics 
are expected. The increase in patients and visitors will increase the 
need for services within NNMC; however, WRNMMC will be designed to have 
adequate services and adequate lodging for the additional staff and 
visitors. Therefore, the increase in patients and visitors is unlikely 
to adversely affect the immediate local area off installation 
economically, except indirectly as additional traffic. The additional 
patients and visitors have been incorporated into the analysis of peak 
hour traffic, which provides the most severe impact on area 
intersections and roadways.
    Human Health and Safety. Although there would be an increase in 
hazardous material storage, generation of hazardous waste and regulated 
medical waste, and a potential need for asbestos abatement in older 
buildings to be demolished or renovated, adherence to standard 
operating procedures and applicable regulations would insure impacts 
are avoided. There will be adequate capacity to process the increase in 
regulated medical waste. Several buildings or areas proposed for 
construction, demolition, or renovation activities are designated as 
Solid Waste Management Units and Areas of Concern under the Resource 
Conservation and Recovery Act (RCRA) Corrective Action Program. The 
RCRA Facility Assessment for NNMC must be completed in Calendar Year 
2010 and all sites will be administratively closed before the end of 
Calendar Year 2010.
    Cumulative Impacts. The conservative use of an estimated 2,500 new 
employees versus the actual new employee estimate of 2,200 is expected 
to address potential cumulative impacts for additional employees 
(currently estimated as 136) for other ongoing and foreseeable future 
on installation

[[Page 27809]]

projects not associated with BRAC. Future projects off installation add 
traffic; the analysis of transportation for the Preferred Alternative 
was assessed with projected growth and approved roadway improvements 
off installation for 2011 included in the baseline. The actions of the 
Preferred Alternative are not expected to result in significantly 
greater incremental impacts when added to the actions of other 
projects, except as has been already discussed for each environmental 
resource area above.
    Mitigation: The Final EIS determined that implementing the 
Preferred Alternative will result in adverse impacts on some 
environmental resources, as described in the previous section. The EIS 
identified mitigation to minimize, avoid, or compensate for such 
effects. All practicable means to avoid or minimize adverse 
environmental impacts from the preferred alternative will be adopted. 
The Navy has identified potential mitigation measures to reduce impacts 
to surface waters from potential soil erosion and runoff, for control 
of fugitive emissions to air, for construction noise, for traffic 
impacts that will be generated by the action alternatives, and for 
potential impacts to cultural resources.
    Each of the measures listed for sediment and erosion control, 
stormwater management, air quality during construction, and noise 
reduction during construction, will be considered at the appropriate 
time during design and construction of the BRAC facilities and 
implementation will be monitored by the Navy's BRAC construction 
management team. The traffic mitigation measures constitute a broad 
commitment by the Navy to cooperate with the state and local 
transportation agencies in their efforts to improve local conditions 
and to pursue funding and program those improvements under the purview 
of the Navy. The cultural resources mitigation will be implemented in 
accordance with agreements reached in Section 106 consultation with the 
State of Maryland. Section 106 consultation for all projects which 
impact cultural resources will be completed before construction begins 
on those projects.
    Sediment and Erosion Control Measures. Mitigation will be 
implemented through a Maryland construction permit. Recommended 
measures to be considered include, but are not limited to: (1) Using 
erosion containment controls such as silt fencing and sediment traps to 
contain sediment onsite where necessary; (2) covering disturbed soil or 
soil stockpiles with plastic sheeting, jute matting, erosion netting, 
straw, or other suitable cover material, where applicable; (3) 
inspecting erosion and sediment control BMPs on a regular basis and 
after each measurable rainfall to ensure that they are functioning 
properly, and maintain BMPs (repair, clean, etc.) as necessary to 
ensure that they continue to function properly; (4) sequencing BMP 
installation and removal in relation to the scheduling of earth 
disturbance activities, prior to, during and after earth disturbance 
activities; and (5) phasing clearing to coincide with construction at a 
given location to minimize the amount of area exposed to erosion at a 
given time.
    Stormwater Management Measures. A stormwater management plan 
approved by the State with BMPs will be prepared and implemented. 
Nonstructural stormwater management practices would be considered and 
applied to minimize increases in new development runoff. Low Impact 
Development (LID) measures would be among those considered and 
implemented when practical. Structural stormwater management practices 
would be considered and designed to satisfy applicable minimum control 
requirements. To decrease the overall erosion potential of the site and 
improve soil productivity, areas disturbed outside of the footprints of 
the new construction would be aerated and reseeded, replanted, and/or 
re-sodded following construction activities.
    Air Quality Construction Measures. NNMC operates under a Title V 
permit that requires the installation to take reasonable precautions to 
prevent particulate matter due to construction and demolition 
activities from becoming airborne. During construction and demolition, 
fugitive dust would be kept to a minimum by using control methods. 
These precautions could include, but are not limited to: (1) Using, 
where possible, water for dust control; (2) installing and using hoods, 
fans, and fabric filters to enclose and vent the handling of dusty 
materials; (3) covering open equipment for conveying materials; (4) 
promptly removing spilled or tracked dirt or other materials from paved 
streets and removing dried sediments resulting from soil erosion; and 
(5) employing a vehicle wash rack to wet loads and wash tires prior to 
leaving the site.
    Noise Reduction During Construction. Construction and demolition 
contractors will adhere to State of Maryland and Montgomery County 
noise criteria requirements. Potential measures to control airborne 
noise impacts that would be considered and implemented as appropriate 
include: (1) Source limits and performance standards to meet noise 
level thresholds at sensitive land uses (Montgomery County Standards); 
(2) designated truck routes; (3) establishment of noise monitoring 
stations for measuring noise prior to and during construction; (4) 
design considerations and project layout approaches including measures 
such as construction of temporary noise barriers, placing construction 
equipment farther from noise-sensitive receptors, and constructing 
walled enclosures/sheds around especially noisy activities such as 
pavement breaking; (5) sequencing operations to combine especially 
noisy operations to occur in the same time period; (6) alternative 
construction methods, using special low noise emission level equipment, 
and selecting and specifying quieter demolition or deconstruction 
methods; and (7) a construction phasing plan coordinated with patient 
moves to avoid impacts to patients. Compliance with the Occupational 
Safety and Health Administration (OSHA) standards for occupational 
noise exposure associated with construction (29 CFR 1926.52) would 
address the construction workers' hearing protection.
    Potential Measures to Address Traffic Impacts from NNMC Actions. 
The Navy has identified potential traffic improvements for the 2011 
implementation of the alternatives. These measures are both external 
and internal to NNMC. As discussed below, potential funding sources for 
these improvements measures vary.
    Potential External Roadway and Intersection Improvements. Potential 
improvement measures were identified and evaluated for those 
intersections external to NNMC that would operate above the 
intersection capacity. These improvement measures would remedy impacts 
from additional traffic caused by the BRAC alternatives. Each of these 
potential improvements is under the jurisdiction of the State of 
Maryland and would require funding and implementation through the 
appropriate State of Maryland Transportation Organizations. The Navy 
has coordinated the traffic analysis and these potential improvements 
with the State and local transportation agencies. The Navy remains 
committed to cooperate to the maximum extent allowed by law with these 
agencies in the implementation of any or all of the proposed 
improvement measures.
    Recommended Internal Improvements for NNMC. The EIS also identifies 
potential internal traffic improvement measures for the 2011 
implementation of the alternatives. These improvements

[[Page 27810]]

are within the purview of the Navy for implementation. The Navy has 
programmed funding for recommended improvements at all gates that would 
be expected to speed vehicle access and egress, improve circulation, 
and reduce queuing at the gate. A safety and security analysis is being 
conducted by DOD at the NNMC gates to improve security and safety and 
reduce queuing on and off installation. This analysis includes 
potential improvements or queuing mitigation measures at all of the 
access gates, to include: North Wood Road Gate, South Wood Road Gate, 
Gunnell Road Gate, Grier Road Gate, and University Road Gate (USUHS' 
Gate).
    Other projects include: (1) Widen and improve Perimeter Road on 
NNMC; (2) conduct a study at the NIH Commercial Vehicle Inspection 
Station on Rockville Pike to determine if a traffic signal is warranted 
and suitable for submission of a request to state and local 
transportation authorities for funding and implementation; and (3) 
improve the intersection of Brown Road/Palmer Road North.
    Potential External Improvements For NNMC Access. Several potential 
improvements external to NNMC that could directly enhance access to 
NNMC are also being evaluated and the Navy is submitting a request for 
Defense Access Road (DAR) certification for those that are recommended 
for implementation. These are further discussed below.
    The Navy is evaluating potential improvements at each NNMC gate, to 
include potential improvements to reduce queuing off installation. The 
evaluation off installation includes potential improvements at the gate 
access intersection of Rockville Pike and North Wood Road. The Navy has 
submitted a request for DAR certification for the following projects:
    1. Install new left turn lane along northbound Rockville Pike at 
North Wood Road Gate and add storage in the left turn lane along 
southbound Rockville Pike at North Wood Road Gate, and provide a signal 
at this intersection. This improvement measure would be intended to 
move turning traffic out of the travel through lanes on Rockville Pike, 
minimize base traffic from backing up onto local roadways and blocking 
through traffic, and address incoming employees resulting from the BRAC 
action without degrading the quality of nearby intersections;
    2. Install a bank of elevators on the east side of Rockville Pike 
to provide direct pedestrian access from NNMC to the Medical Center 
Metro Station. This project would enhance public safety, by reducing 
the pedestrian-vehicle conflicts that result from crossing Rockville 
Pike and would also improve the South Wood Road and Rockville Pike 
intersection. This project would require close cooperation with the 
Washington Metropolitan Area Transportation Agency (WMATA).
    For each project that is certified by the DAR program, the Navy 
commits to seek funding from DoD. Execution will be subject to 
availability of funding through the DoD budget process.
    Additional Potential Measures. In addition to the measures listed 
above, other measures within the Navy's purview include the Navy's 
decision to update the existing NNMC Transportation Management Plan 
(TMP) in conjunction with a master plan update. The goals of the 
existing 1997 TMP are to reduce traffic congestion, conserve energy, 
and improve air quality by seeking to reduce the number of employee 
Single Occupant Vehicle (SOV) trips in the workday commute, to better 
utilize existing parking spaces, and to maximize the use of alternative 
transportation options. The existing TMP is currently implemented at 
NNMC and the Navy remains committed to promoting the use of mass 
transit for its employees and will continue to promote alternatives to 
single occupant vehicle commuting. Current TMP strategies in use at 
NNMC include: (1) Shuttle services, (2) Mass Transportation Fringe 
Benefit (MTFB) Program, (3) parking measures, and (4) TRANSHARE--a NNMC 
clean-air program that sets goals to increase the percentage of 
employees using commuting options other than single-occupant vehicles.
    It is the Navy's intent that the update to the TMP will reflect the 
changes that have taken place in the intervening years. It will include 
recommendations for such physical or operational changes as 
telecommuting, transit subsidies, shuttle bus services, pedestrian 
improvements, and bicyclist improvements. A transportation coordinator 
has been added to the NNMC staff to facilitate implementation of TMP 
strategies.
    Cultural Resources Measures. The Navy is pursuing formal Section 
106 consultation to resolve all adverse effects to historic properties. 
As stipulated in MD SHPO concurrence on the Navy's determination of no 
adverse effects on Building 1 from Buildings A and B, the Navy will 
provide the state agency samples of proposed exterior materials for its 
review and approval and will ensure that no significant historic 
landscape features will be permanently damaged by the temporary use of 
lawns and courtyards for construction staging and management.
    The Navy is continuing to consult with Maryland Historical Trust to 
complete a Memorandum of Agreement (MOA) for the adverse impact to 
Building 12. The mitigation measures proposed in this MOA will include 
proper documentation of Building 12 including photographs, drawings and 
a written history; rehabilitation of Building 17; retention of 
Buildings 18 and 21; and treatment of the landscape in front of 
Building 1. This MOA will be signed before demolition begins on 
Building 12.
    The other BRAC projects which pose potential adverse affects to 
cultural resources will have individual Section 106 consultation 
completed before construction commences on those projects. For each of 
these consultations, the Navy agrees to implement mitigation as 
required by the Section 106 consultation process.
    Responses to Comments Received on the Final EIS: Public comments on 
transportation questioned the use of the Maryland National Capital Park 
and Planning Commission (M-NCPPC) Local Area Transportation Review 
(LATR) Guidelines for the EIS traffic study, the accuracy of the 
traffic analyses for the intersection of Cedar Lane and Rockville Pike, 
and the inclusion of an additional westbound left-turn lane at that 
intersection as a potential improvement for further study. The 
application of the Guidelines was stipulated by the BRAC Transportation 
Technical Advisory Committee, including representatives from the M-
NCPPC, Montgomery County, and the Maryland State Highway 
Administration, which have jurisdiction over the intersections 
analyzed. The accuracy of the traffic analyses in question has been 
verified. Implementation of the additional westbound left-turn lane is 
acknowledged to be very difficult given existing constraints at this 
location and is therefore not recommended for further study.
    Conclusions: In implementing this proposed action at NNMC, 
Bethesda, MD, I considered the potentially differing impacts to water 
resources, biological resources, and cultural resources between the 
Preferred Alternative and Alternative Two, as well as the impacts to 
the other resource areas such as traffic and transportation. I also 
considered important differences in mission effectiveness and costs 
between the Preferred Alternative and Alternative Two.
    The Preferred Alternative emphasizes renovation, the use of 
developed areas,

[[Page 27811]]

reduced environmental impacts, and estimated cost. The Preferred 
Alternative includes the renovation of Building 17 and the potential 
renovation of Buildings 18 and 21, which would result in positive 
impacts on unused historic resources. The Preferred Alternative would 
demolish Building 12, which would constitute an adverse effect to be 
mitigated under historic preservation law, but would optimize the 
medical care services associated with the National Intrepid Center of 
Excellence. The Preferred Alternative sites the two Fisher 
HousesTM in a more spacious and functionally superior site 
that does not represent any potential impact to the federally 
endangered Delmarva Fox Squirrel.
    On behalf of the Department of the Navy, and based on all relevant 
factors addressed in the Final EIS, I have selected the Preferred 
Alternative for the implementation of BRAC 2005 at NNMC, Bethesda, MD. 
In reaching this determination, I have considered the superior 
functional efficiency, lower costs, and lower environmental impacts 
associated with the Preferred Alternative. I have taken into account 
the consultation process with the Maryland Historic Trust and the 
National Capital and Planning Commission regarding cultural resources. 
I have taken into account that Section 106 consultations will be 
complete for each project before construction commences on that 
project. I have taken into account the consultation with the U.S. Fish 
and Wildlife Service regarding endangered species. I have taken into 
account input from the local and state transportation agencies 
regarding improvements to traffic conditions. I have considered 
recommendations and comments provided by federal, state, and local 
agencies and committees, and the general public throughout the NEPA 
process, including during formal comment and review periods. I have 
considered the mitigation and improvement measures identified in the 
Final EIS. I also took into account the fact that the Proposed Action 
is required by law and that the No Action Alternative would result in 
non-compliance with the law. The Preferred Alternative reflects a 
balance between the protection of the environment, appropriate 
mitigation, and improvements, and the actions necessary and required to 
implement the Proposed Action. Consistent with this record of decision, 
and the Final EIS, the action proponent will implement the Preferred 
Alternative and address all mitigation measures.

    Dated: May 6, 2008.
B.J. Penn,
Assistant Secretary of the Navy (Installations and Environment).
[FR Doc. E8-10752 Filed 5-13-08; 8:45 am]
BILLING CODE 3810-FF-P