[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Notices]
[Pages 19979-19982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10241]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Navy
Record of Decision for Pacific Missile Range Facility Enhanced
Capability
AGENCY: Department of the Navy, Department of Defense.
ACTION: Notice of record of decision.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy, after carefully weighing the
operational and environmental consequences, announces its decision to
enhance the Pacific Missile Range Facility's (PMRF) capability to
permit accommodation of the Department of the Navy Theater Ballistic
Missile Defense (TBMD) and Department of Defense (DOD) Theater Missile
Defense (TMD) testing, evaluation, and training.
FOR FURTHER INFORMATION CONTACT:
Ms. Vida Mossman, Pacific Missile Range Facility, P.O. Box 128, Kekaha,
Kauai, Hawaii, 96752-0128, telephone number (808) 335-4740.
SUPPLEMENTARY INFORMATION: The text of the entire Record of Decision
(ROD) is provided as follows:
The Department of the Navy, pursuant to section 102(2)(c) of the
National Environmental Policy Act (NEPA) of 1969; the Council on
Environmental Quality regulations implementing NEPA procedures, 40 CFR
parts 1500-1508; SECNAVINST 5090.6; OPNAV Instruction 5090.1B; and
Executive Order 12114, announces its decision to enhance the Pacific
Missile Range Facility's (PMRF) capability to accommodate the
Department of the Navy Theater Ballistic Missile Defense (TBMD) and
Department of Defense (DOD) Theater Missile Defense (TMD) testing,
evaluation, and training. These enhancements of PMRF capabilities were
described in the preferred alternatives in the Pacific Missile Range
Facility Enhanced Capability Final Environmental Impact Statement (EIS)
of December 18, 1998.
This decision adopts both the continuation of current PMRF
functions and the development of new sites and implementation of new
activities. Existing PMRF functions include range and land-based
training and operations, research, development, test, and evaluation
(RDT&E), and ongoing base operations and maintenance activities. The
new sites and activities adopted include construction and modification
of target and interceptor launch facilities, launches of target and
interceptor missiles by air, land and/or sea, construction and
modification of instrumentation facilities, construction of support
facilities, and transportation of missile propellant. Locations that
will be affected by this decision are PMRF (PMRF/Main Base, Restrictive
Easement; Makaha Ridge; Kokee; Kamokala Magazines; and Port Allen,
Kauai) PMRF support sites (Niihau; Kaula; Maui Space Surveillance
System, Maui; Kaena Point, Oahu; Wheeler Network Segment Control/PMRF
Communications Sites, Oahu; Department of Energy Communication Sites,
Kauai and Oahu; and the Ocean Area inside and outside of U.S.
territory. Tern Island and Johnston Atoll were eliminated as sites in
the Final EIS.
Related State of Hawaii decisions will permit the use of State
lands in proximity to PMRF to support missile launch and storage
requirements. These State decisions will allow the U.S. Government to:
(1) Continue to exclude non-participants from the ground hazard area
during missile launches at PMRF, (2) permit the Navy to construct
additional ordnance storage facilities to accommodate missile storage
requirements, and (3) establish and maintain safety zones around the
ordnance storage facilities.
Process
The Navy has complied with all applicable Executive Orders
including consideration of the environmental effects of its actions
outside the United States or its territories under the provisions of
Executive Order 12114
[[Page 19980]]
(Environmental Effects Abroad of Major Federal Actions) and the
requirements of Executive Order 12898 (Federal Actions to Address
Environmental Justice in Minority Populations and Low Income
Populations).
The Notice of Intent and the State of Hawaii EIS Preparation Notice
were published in both the Federal Register (62 FR 28451) and The
Environmental Notice, a semi-monthly bulletin of the State of Hawaii
Office of Environmental Quality Control, on May 23, 1997. Notification
of public scoping was also made through local media, as well as through
letters to Federal, State, and local agencies and officials, and
interested groups and individuals. Four public scoping meetings were
held in Hawaii from June 17-23, 1997. In addition a similar but
modified meeting was held for the residents of Niihau.
The notice of Availability of the Draft EIS was published in The
Environmental Notice on April 8, 1998 and in the Federal Register (63
FR 17857) on April 10, 1998. Public hearings were conducted at Waimea,
Kauai, and Honolulu, Oahu, Hawaii, on April 25 and 28, 1998,
respectively. A meeting was held on Niihau for the residents on April
23, 1998. Approximately 210 individuals, agencies, and organizations
submitted comments on the Draft EIS. The Final EIS addressed all oral
and written comments. The Notice of Availability for the Final EIS was
published in the Federal Register on December 18, 1998 and in The
Environmental Notice on December 23, 1998. Articles also appeared in
the Kauai and Oahu newspapers announcing the release and summarizing
the results of the Final EIS. Copies of the Final EIS were mailed to
all those agencies, organizations and individuals who had provided
comments and had requested a copy of the Final EIS.
Alternatives Considered
The alternatives considered were based upon Navy testing
requirements and included sites within a 1200-kilometer radius of PMRF
that were accessible and could be safely used for testing. These
alternatives were the no-action alternative and the preferred
alternative adopted in this decision.
No-Action Alternative
The no-action alternative was the continuation of all components of
existing range and land-based operations, existing RDT&E activities and
training, ongoing base operations maintenance of technical and
logistical facilities, and those mitigation measures and standard
operating procedures which are in place to protect the environment
without any of the enhancements included within the proposed action.
The no-action alternatives was not selected because it fails to build
capability sufficient to meet the Navy TBMD and other DOD TMD mission
requirements. The no-action alternative is the environmentally
preferred alternative.
Action Selected
The selected action was presented as the Preferred Alternative in
the EIS. It includes continued testing and training activities as
currently conducted with the addition of facilities enhancements. The
enhancements are described more particularly below. As noted above, the
decision also includes pursuit of modification of existing restrictive
easements with the State of Hawaii to support missile launches and
acquisition, either through lease or purchase, of State lands located
in proximity to PMRF to support missile storage requirements.
Actions Associated With the Decision
Support Facilities
The Navy will construct, renovate, and modify support facilities at
PMRF, Kamokala Magazines, Makaha Ridge, Kokee, and Niihau. Enhancements
at PMRF will be construction of temporary storage areas for liquid
propellant and a new missile assembly building. Enhancements at
Kamokala Magazines will be construction of two new missile storage
buildings, with security fencing and associated road improvements on
land acquired, through lease or purchase, from the State of Hawaii.
Makaha Ridge and Kokee enhancements consist of improvements to radar
and associated instrumentation support facilities. Enhancements at
Niihau will be construction of target launch facilities at sites A and/
or K, along with reinforced operations shelters, associated road
improvements, and construction of an airstrip at site M on Niihau.
These enhancements will be initiated when program requirements for PMRF
are identified.
Instrumentation
This decision includes installation of new and upgraded radars,
telemetry, and instrumentation at PMRF, Makaha Ridge, and Kokee. On
Niihau, the Navy will install additional instrumentation and telemetry
as well as operate an Aerostat from site C and one of four other sites
(F, G, H, or I) when program requirements are identified. This decision
also includes operation of an Aerostat from a mobile sea platform.
Target Missile Launches
The preferred methods of delivering target missiles are from
aircraft and from land areas at PMRF/Kauai Test Facility. Target
launches from a mobile sea platform or barge will also be used if
required to satisfy mission requirements. Target launch facilities,
consisting of launch pads and supporting facilities, will be built at
PMRF and/or Niihau as and when program requirements are identified.
Interceptor Launches
The Navy will launch interceptor missiles in the open ocean from
existing ships. Missile launch capabilities will also be established on
PMRF for other land based DOD interceptor systems when required, and
will include the use of the existing Strategic Target System (STARS)
launch site. If program requirements are identified, interceptor launch
facilities on Niihau will be developed at sites A and/or K in addition
to the target launch facilities at those sites.
Real Property
The U.S. Navy will request the State of Hawaii to extend the
existing Restrictive Easement at PMRF to December 31, 2030 and to
revise the easement to include launches of additional target missiles.
Current limitations on closures per year or length of closures will not
change. The Navy will also acquire, through lease or purchase, State of
Hawaii property adjacent to the Kamokala Magazines on which to build
two missile storage magazines and establish an associated safety area.
Propellant Transport
The Navy will transport liquid missile propellants to PMRF by air
if the appropriate transportation waivers can be obtained. If waivers
cannot be obtained, the Navy will transport the liquid propellants by
sea directly to PMRF. At this time transportation of liquid propellants
to PMRF by road is not anticipated. if, in the future, transport of
liquid propellants on public roads should become necessary, the Navy
will consult with the Hawaii Department of Transportation and the
Governor's staff prior to any shipments on the public roads.
Environmental Impacts
The Navy analyzed the potential impacts of the selected action in
14 resources areas: air quality, airspace, biological resources,
cultural resources, geology and soils, hazardous materials and
hazardous waste, health and safety, land use, noise, socioeconomics,
[[Page 19981]]
transportation, utilities, visual and aesthetic resources, and water
resources. The Navy also considered the action's potential for
cumulative effects and ensured consistency with federal policies
addressing environmental justice and federal actions in areas outside
the territorial limits of the U.S.
This decision when implemented will have significant impacts on
airspace above Niihau and biological resources at Niihau. Ongoing Navy
activities will continue to have significant impacts on geology and
soils at Kaula and on the non-potable water supplies at Makaha Ridge
and Kokee Park. Impacts on all other resources or functions analyzed
will be less than significant.
Geology and Soils
Ongoing air-to-surface weapons delivery training being conducted at
the southeast end of Kaula has caused permanent adverse soil and
geologic effects associated with rock shattering explosions and the
presence of both live and inert ordnance.
Non-Potable Water
Ongoing test activities at Makaha Ridge and Kokee Park will
continue to have an adverse impact on the non-potable water supply
system.
Airspace
Activation of new operating areas over Aerostat sites or missile
launch sites on Niihau have the potential to impact the V-16 low
altitude airway that crosses the middle of the island. When program
requirements are identified, the Navy will request that a new
Restricted Area be established by the Federal Aviation Administration.
The Restricted Area will surround the proposed sites that lie within
the boundaries of the airway. Whenever an operation is scheduled, the
new Restricted Area will be activated, and air traffic using the V-16
airway will be required to use an alternate flight course. This
represents a potentially significant adverse impact, as defined by the
Federal Aviation Administration, on other regional airways.
Biological Resources
Additional traffic at the existing logistics landing sites and
other landing craft landing areas on Niihau may disturb monk seals that
haul out to bask, or possibly pup, on the sandy beach areas.
Disturbance of green sea turtle nesting sites at the existing logistics
landing sites and other sandy beach areas could also occur. The monk
seal is a federally listed endangered species and the green sea turtle
is a federally listed threatened species.
Mitigation
With regard to the significant impacts described above, the Navy
will ensure that the following mitigation measures described below are
implemented.
Geology and Soils
To minimize impacts to geology and soil at Kaula, the Navy will
limit targeting for air-to-surface weapons delivery to the southeast
tip of the island. This area constitutes approximately eight percent of
the landmass of the island. The Navy is planning no new activities for
Kaula.
Non-Potable Water
To minimize impact on the water supply at Makaha Ridge and Kokee,
the Navy will continue existing water conservation measures in
coordination with the State of Hawaii. The State Parks Department has
drilled a new water well at Kokee Park that will be online within one
to two years, and significant impacts associated with water supply will
be reduced.
Airspace
Use of Notice of Airmen notification will minimize the impact to
aircraft transiting Niihau.
Biological Resources
To protect biological resources at Niihau during construction, PMRF
will use the measures discussed below, developed through consultation
with the U.S. Fish and Wildlife Service and the National Marine
Fisheries Service under the requirements of Section 7 of the Endangered
Species Act.
The National Marine Fisheries Service, in a decision letter issued
on October 21, 1998, concluded that the proposed actions would ``not
likely adversely affect listed species''. The U.S. Fish and Wildlife
Service, in a decision letter issued on October 22, 1998, concurred
with the findings of the Navy's Biological Assessment and stated that
the proposed action is ``not likely to adversely affect endangered or
threatened species.''
During operations PMRF will ensure beaches are monitored for the
presence of monk seals and green sea turtles, and either wait for their
departure or conduct landings elsewhere. PMRF will provide fire
suppression equipment at launch sites and will restrict project
personnel to the facilities where their responsibilities will be
carried out. PMRF will obtain prior approval from the landowner for all
site alterations. Prior to construction of an airstrip, PMRF will
develop a bird aircraft strike hazard plan to avoid bird impacts to
aircraft. PMRF will also take measures to eliminate the import of
exotic wildlife species, and will conduct checks of equipment and
personnel to minimize the risk of inadvertent pest transportation to
the island.
In addition to implementing the above mitigation measures for
significant impacts, the Navy will ensure the following mitigation
measures are implemented to avoid potential significant impacts:
Air Quality
To protect the air quality during any construction activities,
standard construction practices will be followed to control fugitive
dust emissions. These practices may include periodic wetting of
disturbed soils.
Airspace
To prevent indirect impacts to airspace use in the Ocean Area, PMRF
will keep the public and pilots informed of activity that affects
airspace use. PMRF will annually evaluate flight activities, including
missile launch activities, and review mission changes with respect to
supersonic operations, to ensure that every effort is being made to
reduce any adverse indirect impacts.
Biological Resources
To protect biological resources at PMRF/Main Base, the following
existing mitigation measures will be continued: (1) Discourage
albatross from nesting on base, (2) reduce impacts on the Newell
shearwater by the use of protective light shields, (3) monitor the
beaches to identify and avoid turtle nesting before amphibious
landings, and (4) monitor beaches to identify and avoid monk seals
prior to test activities. To protect biological resources at Makaha
Ridge and Kokee, protective shielding will be used for any new outdoor
lighting. To protect biological resources at the Kamokala Magazines,
PMRF will install light shields (if any site is lighted at night) to
reduce effects on the Newell shearwater. To protect biological
resources at Kaula, PMRF will use the area seasonally, when marine
mammals are not present, and will survey waters off the island,
delaying or moving operations if marine mammals are found. The impact
area will continue to be on the south end of the island only.
To protect biological resources in Open Ocean areas, PMRF will use
standard range warning and checking procedures to check for
concentrations of marine mammals in hazard areas. If marine mammals are
present, the Flight Safety Officer will determine whether to continue,
delay, or move the test, as and if necessary for protection of the
animals.
[[Page 19982]]
The Navy plans to continue periodic monitoring of bird populations
on Kaula with assistance from the State of Hawaii Department of Land
and Natural Resources and the U.S. Fish & Wildlife Service.
Cultural Resources
To protect cultural resources, PMRF will implement the mitigation
measures contained in the March 18, 1999 Memorandum of Agreement (MOA)
with the Hawaii State Historic Preservation Officer (SHPO) and the
Advisory Council on Historic Preservation. Concerning Niihau, the MOA
requires the involvement of the island's proprietors, the residents of
Niihau, and the SHPO in determining the nature and scope of surveys to
identify potential impacts to historic properties, including
traditional cultural properties. The MOA also requires appropriate
mitigation measures in the event that there are potentially adverse
impacts to such properties from PMRF's actions on Niihau.
Geology and Soils
To protect geological and soil resources at PMRF/Main Base and
Niihau, the following mitigation measures will be implemented: (1) PMRF
will not launch solid propellant missiles when it is raining, (2) A
water deluge system for cooling or noise suppression will not be
employed, (3) Excavated material will be watered frequently, and (4)
Soil additivities will be used to bond exposed surface soils when
necessary.
To protect geological and soil resources at PMRF/Mail Base, Makaha
Ridge, Kokee, Kamokala Magazines, and Niihau from erosion, PMRF will:
(1) Minimize areas exposed during digging, (2) use soil stabilizers and
sandbags, (3) add covering to slopes, and (4) revegetate slopes as
necessary.
Hazardous Materials and Waste
PMRF will extend main base waste management procedures to include
Niihau. Hazardous materials will not be permanently stored at Niihau,
and hazardous wastes generated by Navy and other DOD activities will be
shipped from Niihau for proper disposal. PMRF will construct all launch
pads and storage devices with containment or sump systems to contain
any potential spills and will conduct any required remediation.
Health and Safety
In the Restrictive Easement, PMRF will continue to clear the
easement area during missile launches, in accordance with the
provisions of the lease with the State of Hawaii.
Land Use
To protect land resources on Niihau, PMRF will work with the
landowner or Niihau residents to minimize operations that might exclude
residents from traditional fishing areas during the best times of day
or seasons.
Socioeconomics
To prevent potential negative socioeconomic impacts on Niihau, PMRF
will periodically review and strengthen the protection protocol to help
reduce construction and operational impacts, and provide cultural
sensitivity training to off-island personnel who may come into contact
with Niihau residents. To benefit the residents, the maximum feasible
number of Niihau residents will be employed.
Transportation
To prevent minor ongoing transportation impacts (access to Polihale
Park) expected as a result of implementation of the action within the
Restrictive Easement, PMRF will: (1) Issue advance warnings of closures
to citizens, (2) minimize closure times, and (3) reopen road access as
soon as possible. Such actions shall be taken in accordance with the
provisions of the state lease.
Visual and Aesthetic Resources
To protect visual resources at PMRF/Main Base and Niihau, PMRF will
maintain as much natural vegetation around existing launch pads and
newly constructed facilities as safety will allow. Emphasis will be
placed along the ocean side of the launch pads and newly constructed
facilities. To minimize impacts to visual resources at the Kamokala
Magazines, the storage magazines will be covered with earth material
except for entrance doors that will face the cliffs outside of public
view. Grass and other limited height vegetation will be allowed to grow
on the storage magazines to help reduce erosion. To minimize aesthetic
effects on Niihau, PMRF will use earth-toned paint on all structures.
Response to Comments Received Regarding the Final EIS
The Department of Navy received three comment letters on the Final
EIS, The U.S. Environmental Protection Agency (EPA) withdrew
environmental objections raised during comments on the Draft EIS upon
the removal of Term Island and Johnston Atoll from the sites under
consideration. The EPA further suggested that the Navy document, in the
Record of Decision, any mitigation measures it intends to implement.
This Record of Decision provides that documentation. Two comment
letters were received from individuals who disagreed with the
conclusions of the Final EIS. The subject of one of the letters was
outside the scope of the EIS. The other letter renewed comments that
had been made on the Draft EIS. The comments questioned analysis
techniques used in the Final EIS and expressed concerns about risk of
brush fires and U.S. treaty implications. Responses have been provided
in the Final EIS, and some are reflected in this Record of Decision.
Conclusions
On behalf of the Department of the Navy, I have selected the
Preferred Alternative of the PMRF EIS for implementation as set out in
this Record of Decision. In determining whether and how to enhance the
capabilities of the PMRF, I considered the following: existing assets
and capabilities of PMRF; the Navy and DOD operational, testing, and
training requirements; range improvements necessary to support PMRF as
a TBMD test site; environmental impacts; costs associated with
construction of facilities, the operation and maintenance of ships and
aircrafts, and training of personnel; and comments received during the
EIS process.
After carefully weighing all of these factors and analyzing the
data presented in the Final EIS, I have determined that the Preferred
Alternative best meets the requirements for the enhancement of the
capabilities at PMRF.
Dated: April 14, 1999.
Duncan Holaday,
Deputy Assistant Secretary of the Navy, Installations and Facilities.
[FR Doc. 99-10241 Filed 4-22-99; 8:45 am]
BILLING CODE 5000-01-M
