96-4479. Record of Decision for the Establishment of the United States Navy Mine Warfare Center of Excellence in the Corpus Christi Bay Area, Texas  

  • [Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
    [Notices]
    [Pages 7494-7497]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-4479]
    
    
    
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    DEPARTMENT OF DEFENSE
    Department of the Navy
    
    
    Record of Decision for the Establishment of the United States 
    Navy Mine Warfare Center of Excellence in the Corpus Christi Bay Area, 
    Texas
    
    SUMMARY: Pursuant to section 102(2) of the National Environmental 
    Policy Act (NEPA) of 1969 and the Council on Environmental Quality 
    regulations implementing NEPA procedures (40 CFR Parts 1500-1508), the 
    Department of the Navy announces its decision to establish the Mine 
    Warfare Center of Excellence (MWCE) in the Corpus Christi Bay area by 
    collocating its Mine Warfare (MIW) and Mine Counter Measures (MCM) 
    assets in proximity to each other at Naval Station (NAVSTA) Ingleside 
    and Naval Air Station (NAS) Corpus Christi, Texas. The proposed action 
    includes new construction at these installations and off-base, use of 
    or modification to existing facilities at the installations, and the 
    establishment of offshore training and operating areas.
        Congress directed the Navy to establish the MWCE at NAVSTA 
    Ingleside in the FY94 Defense Appropriations Act. A Notice of Intent 
    (NOI) was published in the Federal Register on November 19, 1993, 
    indicating the Department of the Navy would prepare an Environmental 
    Impact Statement (EIS) for the establishment of the United States Navy 
    Mine Warfare Center of Excellence in the Corpus Christi Bay Area, 
    Texas. Two public scoping meetings were held to determine the scope of 
    significant issues to be examined in the EIS. The first meeting was 
    held on December 7, 1993 in Flour Bluff, Texas, and the second meeting 
    was held on December 8, 1993 in Corpus Christi, Texas. A Draft EIS 
    (DEIS) was filed with the U.S. Environmental Protection Agency (EPA) 
    and distributed to agencies and officials of federal, state, and local 
    governments, citizen's groups and associations, media, public 
    libraries, and interested parties for review and comments. The Notice 
    of Filing and Notice of Public Availability appeared in the Federal 
    Register on May 5, 1995. The period of public review and comment on the 
    DEIS was from May 5, 1995 through June 19, 1995. Two public hearings 
    were held during this period: the first on June 6, 1995 in Flour Bluff, 
    Texas, and the second on June 7, 1995 in Ingleside, Texas. Comments on 
    the DEIS were received in three forms: (1) Letters, (2) written 
    comments received at the public hearings, and (3) oral statements made 
    at the hearings. Comments included concerns about habitat impacts, 
    terrestrial vegetation impacts, seagrass impacts, mitigation, water 
    quality, landuse, wildlife impacts, and surfing impacts. Those comments 
    and Navy responses were incorporated into the Final Environmental 
    Impact Statement (FEIS), which was filed with the EPA on December 15, 
    1995 and distributed for public review.
        Two letters of comments were received during public review of the 
    FEIS. The Office of the Governor had no substantive comment and the EPA 
    reiterated its ``lack of objection'' rating given on the DEIS.
        The EIS evaluated the reasonable facility alternatives to 
    implementing the proposed action in the Corpus Christi Bay area and the 
    environmental impacts of the construction, modification, and operation 
    of the proposed facilities and establishment of offshore training and 
    operating areas. In addition to the various facility alternatives 
    discussed in the EIS, a ``No Action'' alternative was evaluated. In the 
    ``No Action'' alternative, an MWCE would not be established leaving 
    assets and facilities spread out at several locations. This alternative 
    was eliminated because it would continue to degrade the Navy's ability 
    to properly perform its expeditionary warfare mission in support of 
    possible contingencies world-wide. This alternative also would not 
    comply with Congressional direction.
        New facility construction includes a Magnetic Silencing Facility 
    (MSF), required to measure the magnetic signature of MIW ships, to be 
    located at a site north of Jewell Fulton Canal near NAVSTA Ingleside. 
    The MSF consists of two components: An electromagnetic roll (EMR) 
    ``crib'' and a ``check'' range. The EMR ``crib'' requires 27 feet of 
    water depth, navigable access to the pier, and a turning basin. The 
    facility will consist of two parallel timber piers approximately 50 
    feet apart and 320 feet long that are 14 feet wide, an instrument 
    building, and a generator building. The ``check'' range will consist of 
    a Closed Loop Degaussing (CLDG) component built over the ``crib'' with 
    minimum modification to the proposed pier configuration to accommodate 
    all classes of MIW ships. Dredging of the MSF site will remove 
    approximately 450,000 cubic yards (CY) of dredged material. The 50-year 
    maintenance requirement could require dredging of approximately 720,000 
    CY. Dredge material will be disposed of at Navy's existing upland 
    disposal site near the La Quinta Channel area. Dredging of the MSF will 
    cause the loss of approximately 3.5 acres of seagrass. The Navy has 
    prepared a mitigation plan to compensate for the loss of the seagrass 
    area which has been approved in concept by the U.S. Army Corps of 
    Engineers (USAEC).
        The Aviation Mine Counter Measures (AMCM) Sled Facility, required 
    to train helicopter pilots in the launching and recovery of magnetic 
    influenced AMCM sleds, will be located on North Padre Island adjacent 
    to the Padre Island National Seashore. The facility will include a 
    landing pad, launch ramp, a staging area capable of holding and 
    
    [[Page 7495]]
    maintaining the sleds, tiedown capability, maintenance/personnel 
    support structure, security systems, and on-site wash rack. Mobile 
    fueling capability will be provided for sled operations; however, no 
    permanent fueling facilities will be constructed. Construction of the 
    AMCM facility at North Padre Island will result in a removal of 
    approximately 1.77 acres of ephemeral fresh to brackish wetland swales. 
    The Navy will replace the wetlands at a ratio established through the 
    permitting process.
        A small craft pier will be constructed near the east end of the 
    existing wharf at NAVSTA Ingleside where dredging is not required. The 
    pier will be 600-foot by 30-foot, reinforced concrete construction and 
    will include utilities. The function of the pier is to accommodate 
    utility boats used in support of the mine warfare exercises and other 
    assignments. A 32-foot wide concrete launching ramp extending from the 
    existing wharf deck located adjacent to the east of the small craft 
    pier will also be constructed.
        Administrative Facilities required for the MWCE will be located in 
    existing facilities at NAS Corpus Christi and NAVSTA Ingleside. Support 
    for two MH-53E Sea Dragon helicopter squadrons will be accommodated by 
    modifying existing hangars and support facilities at NAS Corpus 
    Christi. New bachelor enlisted housing (approximately 119,130 square 
    feet) will be constructed in a vacant site within the Community 
    Facilities Area of NAS Corpus Christi to house approximately 722 
    enlisted personnel.
        Mobile Mine Assembly Group (MOMAG) Unit Fifteen will use existing 
    Hangar 3 (Building 760) at NAS Kingsville for administrative and 
    operations space. Explosive Ordnance Disposal (EOD) Mobile Unit Six 
    will reside in existing facilities located in the Housing Area to the 
    southeast of the hospital at NAS Corpus Christi. An additional 200-foot 
    by 50-foot ``drive-through'' building will be required to complete the 
    storage needs for EOD equipment. An on-shore explosive pit will also be 
    constructed in the southwest section of NAS Corpus Christi near the 
    existing skeet/trap range for EOD training purposes.
        Training and operating areas will be established in the Gulf of 
    Mexico off North Padre Island, collocated with the AMCM Sled Facility, 
    and within Mineral Management Service (MMS) Lease Blocks 732, 733, 734, 
    793, 799, and 816. This will include a permanent drill minefield and an 
    Ordnance Detonation Area, required for the detonation of practice mines 
    using a maximum of 10 pounds C-4 explosive (equivalent to 8 pounds of 
    TNT). This area (a one nautical mile by one nautical mile area) is in 
    the southeast corner of MMS Lease Block 816. Surface restrictions in 
    these areas will be established to allow for both daily MIW training 
    and quarterly integrated training.
        In selecting the preferred facility and operating site locations, 
    various alternatives were considered with respect to environmental 
    impacts, as well as other factors including cost. The evaluation 
    criteria included a location's ability to meet a best balance of 
    project need, physical, biological, and socioeconomic impacts. A brief 
    summary of the alternatives considered and their rational for the 
    selection follows:
        Six alternative sites in the coastal bend area of Texas were 
    considered for the location of each of the two components (``crib'' and 
    ``check'' range) of the MSF. Because one of the operational 
    requirements of the MSF is for the ``check'' range to be visible from 
    the EMR ``crib'' instrumentation, a two step evaluation was used to 
    select the site(s) for the two components. The initial step consisted 
    of the evaluation of the six EMR component sites followed by the 
    evaluation of the ``check'' range component sites which were 
    operationally acceptable (visible) to the EMR. One EMR site was 
    initially eliminated because it was outside of the acceptable operation 
    distance for MCM-type ships and a second was eliminated because it did 
    not provide access to the Gulf. The chosen EMR alternative (Jewell 
    Fulton Canal) was selected because it represented the least potential 
    adverse impacts to the environment. Once the Jewell Fulton Canal site 
    was selected for the location of the EMR component, the CLDG component 
    was determined to the most acceptable ``check'' range alternative 
    because it required no additional dredging and limited adverse impacts 
    to bay waters.
        The only site considered for the small craft pier was NAVSTA 
    Ingleside because it already provides existing Navy homeport and 
    support facilities unavailable at any other locations in the Corpus 
    Christi Bay area.
        Five alternatives initially were considered for the AMCM facility; 
    of these, three were determined to be operationally unacceptable and 
    one had the potential for major environmental impacts. The launch-from-
    a-ramp facility located on the beach was judged to be the most feasible 
    alternative. The beach launch alternative considered three sites, of 
    these the North Padre Island site was determined to be the most 
    operationally acceptable and would cause the least potential impact to 
    the environment and public.
        For the MOMAG facility, three sites other than the chosen NAS 
    Kingsville site were considered: NAVSTA Ingleside, NAS Corpus Christi, 
    and government facilities in San Antonio, Texas. NAS Kingsville had 
    available administrative and operations space which could meet space 
    requirements without new construction and also had existing support 
    facilities.
        Only NAS Corpus Christi had available space to meet EOD 
    administrative and on-shore explosive pit requirements in acceptable 
    landuse areas.
        Three alternative sites were considered for the Very Shallow Water/
    Littoral Training Area: San Jose Island, Mustang Island, and North 
    Padre Island. San Jose Island and Mustang Island were eliminated 
    because these two sites contain enough impediments (navigation 
    fairways, oil and gas pipelines, offshore platforms, and/or areas of 
    heavy beach usage by the public) to make the areas operationally 
    unacceptable. Thus, the North Padre Island site was selected as the 
    location for the Very Shallow Water/ Littoral Training Area.
        All five of the areas considered for the Medium Water Depth 
    Training and Operating Areas met the evaluations criteria (within 
    reasonable operational distances and in areas of minimal or non-
    existent finfish habitat). The three chosen sites (MMS Lease Blocks 
    793, 799, and 816) were selected because they are adjacent to each 
    other, making operations more convenient, and are currently unleased. 
    The only areas considered for the Deep Water Training and Operating 
    Areas were MMS Lease Blocks 732, 733, and 734. They were the only 
    unleased deep water blocks within acceptable distances which met the 
    criteria of having minimal or non-existent finfish habitat.
        All practicable means to avoid or minimize environmental impacts of 
    these facilities and operating areas have been adopted. Activities have 
    been located in existing buildings as much as practicable, with some 
    buildings requiring rehabilitation/remodeling. New facilities have been 
    sited after extensive alternatives analysis, and the chosen sites 
    result in the least environmental impact of the reasonable 
    alternatives.
        Impacts to water quality, air quality, benthic organisms, marine 
    and natural resources will briefly occur during dredging and dredged 
    material disposal activities and the various facility 
    
    [[Page 7496]]
    construction activities. However, these short-term impacts are not 
    considered significant within the context of the over-all project area 
    and with implementation of specific construction measures described 
    herein and in the EIS. Generally, construction of the various proposed 
    facilities will incorporate erosion control measures consistent with 
    the requirements of the National Pollution Discharge Elimination System 
    (NPDES) General Permit for Construction Activity. Where necessary, a 
    Notice of Intent (NOI) will be submitted to the EPA for any proposed 
    facility which exceeds five acres of construction area. This process 
    will include the preparation and implementation of a Storm Water 
    Pollution Prevention Plan. All open portions of sites will be 
    landscaped and revegetated following construction. During construction, 
    noise-producing activities will be generally conducted during normal 
    operating hours to limit disturbance and annoyance. During dredging and 
    disposal of dredged material, the best available equipment and 
    techniques will be used to minimize the quantity and area of 
    distribution of suspended sediments. Dredging plans will be formulated 
    to meet the requirements of the Federal Water Pollution Control Act 
    (Clean Water Act) and necessary permits.
        In accordance with Section 10 of the Rivers and Harbors Act of 1899 
    and Section 404 of the Clean Water Act, all required permits from the 
    USACE to perform work in navigable waters of the United States and for 
    the placement of fill material in waters of the United States will be 
    obtained prior to construction and operation of the proposed 
    facilities. In addition to the submission of permit applications to 
    allow work in jurisdictional waters, a permit application will be 
    submitted to the USACE to establish surface restricted areas to allow 
    for offshore training and operating in accordance with 33 CFR 334, 
    Danger Zone and Restricted Area Regulations.
        In accordance with the Coastal Barrier Resources Act of 1982, the 
    U.S. Fish and Wildlife Service has determined that the construction of 
    the proposed AMCM sled facility on North Padre Island qualifies for an 
    exception under Section 6(a)(4) of that Act; that is, military 
    activities essential to national security. In addition to the Coastal 
    Barrier Resources Act, the proposed beach site is covered under the 
    Texas Open Beaches Act. The policy of the State of Texas is that the 
    public shall have free and unrestricted access to state-owned beaches. 
    Section 61.022 of the Act provides an exemption for lawful structures 
    authorized by the Constitution or laws of the state or the United 
    States. The Navy will coordinate with the local county government, the 
    Texas General Land Office, and the Office of the Attorney General 
    consistent with the Texas Open Beaches Act when acquiring beach front 
    property and before construction of the ramp facility.
        In compliance with the National Historic Preservation Act, 
    potential impacts to cultural resources have been evaluated at the 
    proposed sites. No sites listed on the National Register of Historic 
    Places, outside of NAS Corpus Christi and NAS Kingsville, exist in the 
    proposed area of operations. Any alterations of historic properties at 
    either NAS Corpus Christi or NAS Kingsville, above or beyond normal 
    maintenance, for proposed facilities will be consistent with existing 
    cultural resources management plans and Section 106 of the National 
    Historic Preservation Act. Underwater anomalies were identified at the 
    proposed Jewell Fulton Canal EMR ``crib'' site and a single anomaly, 
    which would be avoided during construction, near the proposed AMCM sled 
    ramp. In the event that construction would disturb the anomalies, 
    additional investigations to establish signature identity and determine 
    potential National Register eligibility would be performed. The State 
    Historic Preservation Office concurs with this procedure.
        To ensure compliance with the Endangered Species Act and Marine 
    Mammal Protection Act during training and operations, a Memorandum of 
    Agreement between the National Marine Fisheries Service and the 
    Department of the Navy is being finalized to implement a mitigation 
    plan that would incorporate visual and electronic surveillance before, 
    during, and after each planned detonation activity.
        Impacts associated with the relocation of 9,697 personnel (both 
    military and dependents) have been addressed and coordinated with state 
    and local governments and agencies. A Navy housing study has projected 
    that there will be a shortfall of affordable one- and two-bedroom 
    family housing units. This projected deficit in one- and two-bedroom 
    units will be particularly acute among junior enlisted personnel. The 
    Secretary of the Navy has solicited proposals from qualified private 
    developers interested in forming a limited partnership to develop, 
    maintain, and manage a family housing project in which a maximum of 400 
    units of affordable housing will be made available to Navy families on 
    a preferential basis.
        Approximately 2,926 school age children are expected to move into 
    the area. The Corpus Christi School District is expected to have the 
    largest influx of approximately 1,201 school age children; however, 
    this increase represents less than three percent of its present 
    enrollment and only half of its available additional capacity. The 
    Flour Bluff School District, which is projected to experience an 
    increase of approximately 677 school aged children, is expected to 
    experience the greatest impact because of its small size, proximity, 
    and current crowded conditions. However, planning for 24 new buildings 
    to provide additional capacity is now underway. This is expected to 
    resolve overcrowding concerns for the next five years.
        Pursuant to Executive Order 12898, Environmental Justice, potential 
    environmental and economic impacts on minority and low income 
    populations and communities were assessed. No disproportionate 
    concentrations of minority or low income populations were identified in 
    the area of impacts of the various facilities and operations. 
    Additionally, the Navy has ensured that opportunities for community 
    involvement (including minority and low income individuals and 
    populations) in the NEPA process have been provided.
        There are adequate utility capacities in the region to support the 
    establishment of the MWCE. Potable water use in the region would 
    increase about four percent through the turn of the century as a result 
    of the establishment of the MWCE. Additional discharges to area 
    wastewater treatment plants from proposed MWCE facilities is not 
    expected to exceed facility capacities. Community support, such as 
    police and fire protection, must be increased to accommodate the new 
    residents; however, this is not expected to impose a significant burden 
    on the communities.
        Questions regarding the Environmental Impact Statement prepared for 
    this action may be directed to: Commanding Officer, Southern Division, 
    Naval Facilities Engineering Command, P.O. Box 190010, North 
    Charleston, South Carolina 29419-9100 (Attention: Mr. Will Sloger, Code 
    064WS), telephone (803) 820-5797.
    
    
    [[Page 7497]]
    
        Dated: February 21, 1996.
    Duncan Holaday,
    Deputy Assistant Secretary of the Navy (Installations and Facilities)
        Dated: February 21, 1996.
    M.D. Schetzsle,
    LT JAGC, USNR, Alternate Federal Register Certifying Officer.
    [FR Doc. 96-4479 Filed 2-27-96; 8:45 am]
    BILLING CODE 3810-FF-P
    
    

Document Information

Published:
02/28/1996
Department:
Navy Department
Entry Type:
Notice
Document Number:
96-4479
Pages:
7494-7497 (4 pages)
PDF File:
96-4479.pdf