[Federal Register Volume 62, Number 143 (Friday, July 25, 1997)]
[Notices]
[Pages 40055-40061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19614]
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DEPARTMENT OF DEFENSE
Department of the Navy
Record of Decision for the Disposal and Reuse of Naval
Construction Battalion Center Davisville, North Kingstown, Rhode Island
SUMMARY: The Department of the Navy (Navy) pursuant to section
102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), 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, hereby
announces its decision to dispose of Naval Construction Battalion
Center Davisville (CBC Davisville), North Kingstown, Rhode Island.
Navy intends to dispose of the property in a manner that is
consistent with the Preferred Development Plan that was set forth in
the Comprehensive Reuse Plan prepared by the Davisville Naval
Construction Battalion Center Base Reuse Committee (BRC), a committee
appointed by the Governor of Rhode Island to formulate a redevelopment
plan for CBC Davisville. The Preferred Development Plan was adopted by
the State of Rhode Island and Providence Plantations and the Town of
North Kingstown.
The Preferred Development Plan, described in the Reuse Plan as
Alternative Reuse Scenario 4, is identified in the Final Environmental
Impact Statement (FEIS) as the Preferred Alternative. This Plan
proposes a mixed
[[Page 40056]]
land use approach that would use about half of the Base for commercial
and industrial activities and reserve the remaining property for
recreational activities and open space.
In deciding to dispose of CBC Davisville in a manner that is
consistent with the Preferred Development Plan, Navy has determined
that a mixed land use will meet the goals of local economic
redevelopment and creation of new jobs, while limiting adverse
environmental impacts and ensuring land uses that are compatible with
adjacent property. This Record Of Decision does not mandate a specific
mix of land uses. Rather, it leaves selection of the particular means
to achieve the proposed redevelopment to the acquiring entity and the
local zoning authority.
Background
The 1991 Defense Base Closure and Realignment Commission
recommended closure of Naval Construction Battalion Center Davisville.
This recommendation was approved by President Bush and accepted by the
One Hundred Second Congress in 1991. Operations at CBC Davisville
ceased on April 1, 1994, and the property has been in caretaker status
since that date.
The Base is located within the corporate limits of the Town of
North Kingstown, about 18 miles south of the City of Providence. The
909-acre property consists of two parcels, the Main Site comprising
about 839 acres and the West Davisville property comprising 70 acres
(also referred to as the West Davisville Storage District) located
about one mile from the Main Site.
The 839-acre Main Site is divided into six areas: the
Administrative Triangle, the Warehouse Area, the Construction Equipment
Department (CED) Area, the Davisville Pier Support Area, the Allen
Harbor Landfill, and Calf Pasture Point. The 70-acre West Davisville
property contains four warehouses.
When CBC Davisville was initially slated for closure, the Base had
a third component known as Camp Fogarty that was located four miles
west of the Main Site in the Town of East Greenwich. This 374-acre site
contains classrooms, storage facilities, an armory, combat training
areas, and rifle and pistol ranges. On January 26, 1993, Navy
transferred this property to the Department of the Army for use by the
Rhode Island National Guard. Thus, Navy did not consider the Camp
Fogarty property in this NEPA process.
Navy published a notice of intent in the Federal Register on
September 10, 1993, announcing that Navy would prepare an Environmental
Impact Statement (EIS) to analyze the impacts of disposal and reuse of
the land, buildings and infrastructure at CBC Davisville. A thirty-day
public scoping period was established, and Navy held a public scoping
meeting on September 28, 1993, at North Kingstown High School.
On February 25, 1994, Navy distributed a Draft Environmental Impact
Statement (DEIS) to Federal, State and local agencies, interested
parties and the general public. Navy held a public hearing at North
Kingstown High School on March 29, 1994. During the forty-five day
review period after publication of the DEIS, Federal agencies, Rhode
Island State agencies, local government agencies and the general public
submitted written comments.
These comments and Navy's responses were incorporated in the FEIS,
which was distributed to the public on March 3, 1995, for a thirty-day
review period that concluded on April 2, 1995. Navy received comments
on the FEIS from the United States Environmental Protection Agency, the
Rhode Island Economic Development Corporation, the Rhode Island
Department of Environmental Management, the Rhode Island Department of
Transportation, and the Rhode Island Historical Preservation and
Heritage Commission.
Alternatives
NEPA requires Navy to evaluate a reasonable range of alternatives
for the disposal and reuse of this Federal property. In the NEPA
process, Navy analyzed the environmental impacts of four ``action''
alternatives and a ``No action'' alternative. The ``No action''
alternative would leave the property in a caretaker status with Navy
maintaining the physical condition of the property, providing a
security force, and making repairs essential to safety.
As the basis for its analysis of the ``action'' alternatives, Navy
relied upon the reuse and redevelopment alternatives developed by the
BRC when planning future uses of the closed facilities. The BRC
analyzed various redevelopment scenarios and land uses, prepared a
Comprehensive Reuse Plan, and selected the Preferred Development Plan.
The State of Rhode Island and Providence Plantations adopted the
Preferred Development Plan and presented it to the Department of the
Navy on January 11, 1994.
The Preferred Alternative, designated in the FEIS as Alternative
Reuse Scenario 4, is the Preferred Development Plan that was set forth
in the Comprehensive Reuse Plan. This alternative proposes a mix of
commercial and industrial facilities, institutional and office spaces,
a dredge material disposal area, an expanded marina, a conference
center, a park, and open space.
At the Main Site, the Administrative Triangle would be used for
offices, educational facilities, and open space. The Warehouse Area
would contain an industrial park and a medical facility. The CED Area
is located in the designated safety zone for the runway of the adjacent
Quonset Airport. This area would have light industrial and
administrative facilities, and development would be limited as a result
of the overlying safety zone. Part of this area would be used to
dispose of dredge material generated by dredging operations at the
adjacent Davisville piers. Another part of this area would be used to
expand the existing marina at Allen Harbor.
The Davisville Pier Support Area would contain waterfront
industrial activities, a conference center, and residential facilities.
The Allen Harbor Landfill would be used as open space. Calf Pasture
Point would be used as a park and public beach. The West Davisville
area warehouses would be used for storage and light industrial
activities.
In the NEPA process, Navy considered a second ``action''
alternative, described in the FEIS as Alternative Reuse Scenario 1,
which also proposed a mixed use redevelopment. The Administrative
Triangle would contain offices, educational facilities, and open space.
The Warehouse Area would consist of an industrial park and a medical
facility. As in the first ``action'' alternative, the CED Area, located
in the designated safety zone for the Quonset Airport runway, would
contain open storage and industrial facilities, a dredge material
disposal area, and a marina. Development here would be similarly
limited as a result of the overlying safety zone.
The Davisville Pier Support Area would be used as a staging and
storage area for pier activities, for light industrial facilities, and
for a conference center. The Allen Harbor Landfill and Calf Pasture
Point would be used for passive recreational and conservation
activities. The West Davisville property would be used as storage
facilities and for future industrial development.
A third ``action'' alternative, described in the FEIS as
Alternative Reuse Scenario 2, proposed another mixed use redevelopment.
The Administrative Triangle would be used
[[Page 40057]]
for offices, educational facilities, and open space. The Warehouse Area
would contain an industrial park and a medical facility. The CED Area
would be used for recreational activity and a town public works
facility. The Davisville Pier Support Area would be used as a staging
and storage area for pier activities and as a support area for fishing
and aquacultural businesses. The Allen Harbor Landfill and Calf Pasture
Point would be used for passive recreational activity and military
training exercises. The West Davisville property's warehouses would be
used for storage and light industrial activities.
The final alternative, described in the FEIS as Alternative Reuse
Scenario 3, proposed a mixed use similar to that set forth in the
Preferred Development Plan. The Administrative Triangle would be used
for offices, educational facilities, and open space. The Warehouse Area
would consist of an industrial park and a medical facility. The CED
Area would be developed as a recreational theme park. The Davisville
Pier Support Area would be used as a staging and storage area for pier
activities, light industrial facilities, and a residential
neighborhood. The Allen Harbor Landfill and Calf Pasture Point would be
used for active recreational activity related to the theme park. The
West Davisville property would be used for storage and light industrial
activities.
Environmental Impacts
Navy analyzed the potential impacts of the four ``action''
alternatives and the ``No action'' alternative for their effects on
adjacent land use, aesthetics, terrestrial and aquatic habitats,
wetlands and floodplains, water quality, topography and soils, air
quality, noise, transportation, socieconomics, infrastructure and
utilities, community services, cultural resources, and planned
environmental remediation. This Record of Decision focuses on the
impacts that would likely result from implementing the Preferred
Development Plan set forth in the Comprehensive Reuse Plan proposed by
the State.
Implementation of the Preferred Development Plan would not result
in significant impacts on adjacent land use, because this proposal is
generally compatible with surrounding land uses. Minor potential land
use impacts could result, however, along the northern edge of CBC
Davisville where administrative and light industrial activities would
be located near existing residences. Thus, the Preferred Development
Plan provides for a 75-foot wide landscaped area along the northern
boundary of the Administrative Triangle and the CED Area to provide a
buffer between these incompatible land uses.
The Preferred Development Plan would not result in significant
adverse impacts on aesthetics. The acquiring entity would be
responsible for site improvements, including new streets, lighting, and
landscaping as described in the Plan. When implemented, these
improvements will enhance the aesthetic quality of the CBC Davisville
property.
Implementation of the Preferred Development Plan would not result
in significant impacts on terrestrial and aquatic habitats. Indeed, it
would cause negligible impacts on most property at the Base and only
moderate impacts on those areas where intense uses of the land will
occur. For example, the increased activity and noise associated with
active recreational use of Calf Pasture Point will disturb the
terrestrial habitat there. Similarly, in the CED Area, existing
vegetation would be removed as a result of the dredge material disposal
operation. Additionally, the aquatic habitat in the CED Area would be
affected by expansion of the Allen Harbor marina.
There would be no significant impacts on species listed on the
Federal Threatened or Endangered Species List, because none have been
reported present at CBC Davisville. However, transient bald eagles and
peregrine falcons could visit the property during their migration
periods. The United States Fish and Wildlife Service has informed Navy
that the proposed redevelopment would not cause any adverse effects on
these species.
Two hundred eighty-seven acres of property at CBC Davisvillle are
located in the 100-year floodplain. Forty-six of those acres have been
proposed for redevelopment, and the rest will remain undeveloped. Any
building constructed within that floodplain must comply with the
structural design provisions of the National Flood Insurance
Regulations, 23 CFR 650.115. Under the Preferred Development Plan,
about seventy acres of wetlands on the Base will be protected from
future development.
The Preferred Development Plan would not likely cause any
significant impacts on water quality. Any redevelopment near streams,
wetlands, and shorelines must, of course, comply with the development
policies of Rhode Island's Coastal Resources Management Program.
Coastal Resources Management Council Regulations 04 000 010, Part
Three.
There would not likely be any significant increase in uncontrolled
stormwater runoff into streams, because the acquiring entity must
implement the stormwater management practices that are prescribed by
Rhode Island's Water Quality Regulations. RIDEM WQM 04 000 010 Section
300. Any activities that may affect water quality, i.e., by
sedimentation and erosion, must first be reviewed under the State's
water quality certification program. Rhode Island Water Quality
Regulations, RIDEM DWR 12 190 001 Rules 1-22. A Rhode Island Pollution
Discharge Elimination System permit will be required for any
development project that is five acres or larger. Regulations for Rhode
Island Pollutant Discharge Elimination System, RIDEM DWR 12 190 003
Rules 1-60.
The proposed expansion of the Allen Harbor marina at the CED Area
is incompatible with the existing water quality classification and
would not likely be approved by the State. See Rhode Island Water
Quality Classification Descriptions, RIDEM DWR 190 001 Appendix A, and
Rhode Island Water Criteria for Classifications of Waters of the State,
RIDEM DWR 14 180 001. Thus, to implement the Preferred Development
Plan, the acquiring entity must obtain a change in the water quality
classification from Rhode Island's Department of Environmental
Management.
The Preferred Development Plan proposes to build a dredge material
disposal facility in the CED Area adjacent to Allen Harbor. This
facility would incorporate runoff interceptors, e.g., engineered dikes
and staked hay bales, to protect the adjacent wetlands and Allen Harbor
from silt-laden runoff. The acquiring entity will be responsible for
obtaining applicable environmental permits and approvals for this
project as required by Rhode Island's Coastal Resources Management
Program. Coastal Resources Management Council Regulations 04 000 100,
Parts Two and Three.
Implementation of the Preferred Development Plan would not
significantly affect the topography or soils at CBC Davisville, because
90 percent of the land is flat and already disturbed from previous
development.
Redevelopment of the Base under the Preferred Development Plan
would affect local ambient air quality. The extent to which the air
quality would be affected will be determined by the nature and extent
of stationary sources that are developed on the property and the amount
of mobile source emissions. Industrial activities with air contaminant
sources will be required to obtain the necessary approvals and permits
from Rhode Island's Department of Environmental Management before they
may operate on the property. Air
[[Page 40058]]
Pollution Control Regulations, RIDEM DAW 12 031 009, Regulation No. 9.
With respect to mobile sources, ambient air quality in the vicinity
of CBC Davisville will be affected by motor vehicle traffic associated
with businesses that locate on the property. However, due to the
relatively small increase in the number of vehicles (about 4,700)
associated with redevelopment over a 20-year period, the increase in
regional ozone attributable to the redevelopment would be negligible.
As a result of implementing the Preferred Development Plan, traffic
levels at the intersections of Route 1 and Roger Williams Way, Route 1
and Newcomb Road, Davisville Road and Roger Williams Way, and Devil's
Foot Road and Namcook Road may produce emissions that exceed the one-
hour National Ambient Air Quality Standard for carbon monoxide. 40 CFR
50.8. However, these potential impacts would be mitigated by the
construction of a planned, new access route that would link Route 4
with the Quonset Point/Davisville area.
Implementation of the Preferred Development Plan would not result
in significant long term impacts on the ambient noise environment. The
construction of a 75-foot wide landscaped area along the northern
boundary of the Administrative Triangle and CED Area will mitigate
potential noise impacts on the nearby residential area arising out of
industrial activity. While another residential area borders Calf
Pasture Point, that property would not be redeveloped under the
Preferred Development Plan.
There would not be any significant impacts on transportation
arising out of implementation of the Preferred Development Plan. The
plan would redevelop CBC Davisville to provide office and institutional
space, warehouses, industrial facilities, and pier support facilities.
These activities would increase automotive, truck, rail, and marine
traffic over current levels at the Base. Although the existing rail
system on the Base is sufficient to accommodate these reuse proposals,
it will be necessary to improve the port facilities to accommodate the
projected increase in marine traffic. The port improvements described
in the Preferred Development Plan would be adequate to support those
increases.
Access to and from the regional transportation routes, including
Route 4, Route 1, and Interstate Highway 95, currently involves delays
at the intersections of Davisville Road and Roger Williams Way and
Devil's Foot Road and Namcook Road. In order to mitigate existing and
future transportation problems at these intersections, a new access
route linking Route 4 with the Quonset Point/Davisville area will be
built by the Rhode Island Department of Transportation.
Implementation of the Preferred Development Plan would not result
in any significant adverse socioeconomic impacts on the local
community. Indeed, the Preferred Development Plan would create about
4,700 new jobs. While the plan may cause a modest increase in local
population, it is likely that many unemployed and underemployed
residents will assume the new jobs. In any case, the redevelopment
would occur gradually over a 20-year period that will minimize growth
problems in both the town and the county.
The Preferred Development Plan would have various impacts on the
community's infrastructure and utilities. The wastewater treatment
plant has a capacity to treat 2.6 million gallons per day (mgd). The
redevelopment of CBC Davisville, by itself, would not likely produce
wastewater treatment requirements that exceed this capacity. In concert
with other development in the area, however, redevelopment of the base
would contribute to an eventual need to expand the treatment plant.
Thus, the Rhode Island Economic Development Corporation will expand the
plant as wastewater treatment demands warrant such improvements.
Similarly, the estimated future demand for potable water by the
Quonset Point/Davisville Industrial Park (which will include the
redeveloped CBC Davisville property) will increase by 2.1 mgd. In turn,
this will increase daily withdrawal from the Hunt River aquifer to
approximately 4.7 mgd. This is only 60 percent of the amount of water
that can safely be withdrawn from the aquifer on a daily basis.
However, when considered in light of the long range projections for
future regional development, the redevelopment of CBC Davisville will
contribute to a potentially unsafe trend in water consumption by users
of the Hunt River aquifer. Thus, coordination among public water
suppliers that draw on the Hunt River aquifer will be necessary to
ensure that water withdrawals do not exceed the aquifer's safe daily
yield.
Other utilities such as electricity and natural gas distribution
systems must be expanded and upgraded to meet the energy demands that
will likely be generated by the Preferred Development Plan. Thus,
Narragansett Electric Company is renovating the electrical system at
CBC Davisville. The acquiring entity will be responsible for providing
natural gas service.
Implementation of the Preferred Development Plan would not have any
significant impacts on community services in the Town of North
Kingstown. It is likely that an additional 335 children will enter the
local schools over a 20-year period, but this impact will be offset by
additional property tax revenues generated from reuse of the Base.
Because the estimated population growth resulting from
implementation of the Preferred Development Plan would occur over a 20-
year period, there would not be any significant impacts on local
community services, including emergency and medical services. The North
Kingstown Fire Department currently provides service to the Base. While
redevelopment of the property may increase the number of incidents to
which the Fire Department must respond, the Department has adequate
firefighting capability based on national standards.
Implementation of the Preferred Development Plan will add about 290
acres of land for use as parkland, active and passive recreational
activities, and open space.
Implementaton of the Preferred Development Plan would not result in
any significant adverse effects on historic or archeological sites at
CBC Davisville. There are five sites on the Base that are either listed
or eligible for listing on the National Register of Historic Places:
Camp Endicott, the Allen-Madison House, five acres surrounding the
Allen-Madison House, an archaeological site on Calf Pasture Point, and
an archaeological site at the eastern end of the CED Area.
Navy and the Rhode Island Historical Preservation and Heritage
Commission, as the designated Rhode Island State Historic Preservation
Officer (SHPO), executed a Memorandum of Agreement (MOA) on June 2,
1997, concerning Camp Endicott. This MOA addressed the demolition of
seventeen badly deteriorated Quonset Huts after recordation of the
structures.
The Allen-Madison House, the five acres surrounding the house, and
the archeological site on Calf Pasture Point, while not the subject of
an MOA between Navy and the SHPO, are addressed in a preservation
agreement between the SHPO and the Rhode Island Economic Development
Corporation that was executed on March 18, 1997. The redevelopment of
CBC Davisville as proposed in the Preferred Development Plan would be
consistent with that preservation agreement and, thus, would not
adversely affect these historic
[[Page 40059]]
and archeological sites. The SHPO, in a letter to Navy dated March 21,
1997, and the Advisory Council on Historic Preservation (ACHP), in a
letter to Navy dated June 2, 1997, concurred with Navy's determination
that the Plan would not have an adverse impact on these historic
resources.
The fifth site eligible for listing on the National Register of
Historic Places is an archeological site located in that part of the
CED Area that was designated for waterfront commercial redevelopment.
On April 14, 1997, the SHPO and the Town of North Kingstown executed a
preservation agreement that covers this site. Based on this agreement,
Navy determined that the Plan would not have an adverse impact on the
archeological site. The ACHP concurred with this determination in a
letter to Navy dated June 2, 1997.
Implementation of the Preferred Development Plan would not result
in any significant impacts on existing environmental contamination at
the Base. Pursuant to the Federal Facilities Interagency Agreement
among Navy, the United States Environmental Protection Agency (EPA),
and the Rhode Island Department of Environmental Management, Navy will
ensure that environmental contamination associated with past activities
at CBC Davisville is remediated as appropriate. While the cleanup of
these contaminated areas may delay or complicate some redevelopment,
e.g., in the Warehouse Area, these delays should not be significant in
light of the 20-year implementation period for the Plan.
Mitigation
Implementation of Navy's decision to dispose of CBC Davisville does
not require Navy to perform any mitigation measures beyond those
already accomplished, i.e., the recordation of Camp Endicott. The FEIS
identified and discussed those actions that would be necessary to
mitigate the impacts associated with reuse and redevelopment of the
Base. The acquiring entity, under the direction of Federal, State and
local agencies with regulatory authority over protected resources, will
be responsible for implementing mitigation measures. The implementation
of mitigation measures concerning the historic and archeological
property will be governed by the preservation agreements.
Comments Received on the FEIS
Navy received comments on the FEIS from the United States
Environmental Protection Agency and four State agencies: The Rhode
Island Economic Development Corporation (RIEDC), the Rhode Island
Department of Environmental Management, the Rhode Island Department of
Transportation, and the Rhode Island Historical Preservation and
Heritage Commission.
The EPA asked that Navy consider deed restrictions to protect
wetlands and historic and archeological sites. While deed restrictions
may be used for such sites, Navy has determined that such measures are
not necessary here. After discussions with State agencies and RIEDC,
Navy concluded that section 404 of the Clean Water Act, 33 U.S.C. 1344,
and Rhode Island's Wetlands Protection Regulations, RIDEM DGFW 12 000
001, provide stringent protection for wetlands that will adequately
ensure protection and preservation of the wetlands at CBC Davisville.
Similarly, it is not necessary to incorporate restrictive covenants
in the deed to ensure the protection of historic and archeological
sites. The National Historic Preservation Act, 16 U.S.C. 470 et seq.,
the Archeological Resources Protection Act, 16 U.S.C. 470aa et seq.,
the Memorandum of Agreement executed by Navy, the Advisory Council on
Historic Preservation, and the Rhode Island Historical Preservation and
Heritage Commission (dated June 2, 1997), and the preservation
agreements executed by the Rhode Island Historical Preservation and
Heritage Commission with RIEDC (dated March 18, 1997) and with the Town
of North Kingstown (dated April 14, 1997) will ensure that these
resources are appropriately protected, preserved or recorded.
The EPA also commented that a more quantitative analysis of the air
quality impacts associated with projected traffic at specific
intersections was warranted. The FEIS analyzed traffic volumes
associated with the redevelopment of CBC Davisville. The additional
volume of traffic projected over the 20-year development period is very
small. Consequently, increases in ozone associated with that traffic
would likely be negligible. While the potential exists to have carbon
monoxide hot spots at certain intersections, the traffic volume at any
particular intersection will depend upon the nature, extent and timing
of activities that occur as a result of redevelopment of the Base.
Additional traffic studies would be speculative, because the planned
roadway projects will change existing traffic patterns.
The EPA also expressed concern about the increased demands on the
Hunt River aquifer. Navy agrees with EPA that the acquiring entity must
work with Federal, State and local regulatory authorities to ensure
that adequate water supplies are available to satisfy the demands
caused by the redevelopment of CBC Davisville and other regional
development. The FEIS identified the need for development of best
management and pollution prevention plans as well as the need to ensure
participation of regional water suppliers in that planning process.
The Rhode Island Economic Development Corporation commented that
Navy did not consider the economic impact on the State, region and town
caused by redeveloping a Base where the majority of buildings and
structures were old. Navy has demolished seventy structures on the
Base. The remaining buildings are structurally sound.
The Rhode Island Department of Environmental Management expressed
concern that the FEIS did not specifically identify any restrictions on
the use of CBC Davisville property arising out of existing
contamination and the level of remediation to be undertaken at specific
sites. Site characterization and remediation are currently underway,
and Navy will remediate the property to a level that is appropriate for
the projected land use. When appropriate, deed restrictions will be
used to ensure that subsequent land use is consistent with the level of
remediation completed.
The Rhode Island Department of Environmental Management also
requested a more detailed analysis of impacts associated with
stormwater discharges at full build-out of the reuse plan. Navy
analyzed stormwater discharges and the potential for contaminating
bodies of water that receive them in general terms in the FEIS. A more
detailed analysis of the amount and character of such discharges is not
feasible at this time. Until specific site plans are developed, the
amount of impervious surface and the rate of runoff cannot be
determined.
When proposals for specific activities are developed, Rhode
Island's Coastal Management Program regulations will require that the
acquiring entity submit stormwater management plans in sufficient
detail to allow an assessment of probable impact. These State
regulations are intended to ensure that the manner in which future
siting and construction occurs will not result in adverse impacts on
water quality.
Rhode Island's Department of Environmental Management also
requested a more detailed analysis of air emissions from mobile
sources. As with impacts from stormwater, it is not feasible to further
analyze air emissions from mobile sources until the nature and siting
of particular activities are known. In neither case would further
[[Page 40060]]
analysis materially enhance that already set forth in the FEIS.
The Rhode Island Department of Transportation advised Navy that it
would not include an analysis of traffic associated with the
redevelopment of CBC Davisville in a regional traffic study that it was
conducting. The Department believed that it would be speculative to
project the traffic patterns associated with the redevelopment of CBC
Davisville. For the same reason, Navy concluded that studying traffic
patterns at this time, without knowing the nature and timing of future
development, would not be feasible and would have little value.
The Rhode Island Historical Preservation and Heritage Commission
agreed with the findings in the FEIS concerning cultural resources and
asked Navy to incorporate restrictive covenants in deeds that convey
historic property. Navy determined that the preservation agreements
later entered into by the Rhode Island Historical Preservation and
Heritage Commission with RIEDC and with the Town of North Kingstown
would ensure adequate protection, preservation, or recordation of
historic properties and that deed restrictions were unnecessary. In a
letter to Navy dated March 21, 1997, the Rhode Island Historical
Preservation and Heritage Commission concurred that use of the
preservation agreements would not cause any adverse effect on historic
properties.
Regulations Governing the Disposal Decision
Since the proposed action contemplates a disposal action under the
Defense Base Closure and Realignment Act of 1990 (DBCRA), Public Law
101-510, 10 U.S.C. 2687 note, Navy's decision was based on the
environmental analysis in the FEIS and application of the standards set
forth in DBCRA, the Federal Property Management Regulations (FPMR), 41
CFR part 101-47, and the Department of Defense Rule on Revitalizing
Base Closure Communities and Community Assistance (DoD Rule), 32 CFR
parts 90 and 91.
Section 101-47.303-1 of the FPMR requires that the disposal of
Federal property benefit the Federal government and constitute the
``highest and best use'' of the property. Section 101-47.4909 of the
FPMR defines the ``highest and best use'' as that use to which a
property can be put that produces the highest monetary return from the
property, promotes its maximum value, or serves a public or
institutional purpose. The ``highest and best use'' determination must
be based upon the property's economic potential, qualitative values
inherent in the property, and utilization factors affecting land use
such as zoning, physical characteristics, other private and public uses
in the vicinity, neighboring improvements, utility services, access,
roads, location, and environmental and historical considerations.
After Federal property has been conveyed to non-Federal entities,
the property is subject to local land use regulations, including zoning
and subdivision regulations, and building codes. Unless expressly
authorized by statute, the disposing Federal agency cannot restrict the
future use of surplus Government property. As a result, the local
community exercises substantial control over future use of the
property. For this reason, local land use plans and zoning affect
determination of the highest and best use of surplus Government
property.
The DBCRA directed the Administrator of the General Services
Administration (GSA) to delegate to the Secretary of Defense authority
to transfer and dispose of base closure property. Section 2905(b) of
DBCRA directs the Secretary of Defense to exercise this authority in
accordance with GSA's property disposal regulations, set forth at
Secs. 101-47.1 through 101-47.8 of the FPMR. By letter dated December
20, 1991, the Secretary of Defense delegated the authority to transfer
and dispose of base closure property closed under DBCRA to the
Secretaries of the Military Departments. Under this delegation of
authority, the Secretary of the Navy must follow FPMR procedures for
screening and disposing of real property when implementing base
closures. Only where Congress has expressly provided additional
authority for disposing of base closure property, e.g., the economic
development conveyance authority established in 1993 by section
2905(b)(4) of DBCRA, may Navy apply disposal procedures other than the
FPMR's prescriptions.
In section 2901 of the National Defense Authorization Act for
Fiscal Year 1994, Public Law 103-160, Congress recognized the economic
hardship occasioned by base closures, the Federal interest in
facilitating economic recovery of base closure communities, and the
need to identify and implement reuse and redevelopment of property at
closing installations. In section 2903(c) of Public Law 103-160,
Congress directed the Military Departments to consider each base
closure community's economic needs and priorities in the property
disposal process. Under section 2905(b)(2)(E) of DBCRA, Navy must
consult with local communities before it disposes of base closure
property and must consider local plans developed for reuse and
redevelopment of the surplus Federal property.
The Department of Defense's goal, as set forth in Sec. 90.4 of the
DoD Rule, is to help base closure communities achieve rapid economic
recovery through expeditious reuse and redevelopment of the assets at
closing bases, taking into consideration local market conditions and
locally developed reuse plans. Thus, the Department has adopted a
consultative approach with each community to ensure that property
disposal decisions consider the Local Redevelopment Authority's reuse
plan and encourage job creation. As a part of this cooperative
approach, the base closure community's interests, e.g, reflected in its
zoning for the area, play a significant role in determining the range
of alternatives considered in the environmental analysis for property
disposal. Furthermore, Sec. 91.7(d)(3) of the DoD Rule provides that
the Local Redevelopment Authority's plan generally will be used as the
basis for the proposed disposal action.
The Federal Property and Administrative Services Act of 1949, 40
U.S.C. 484, as implemented by the FPMR, identifies several mechanisms
for disposing of surplus base closure property: By public benefit
conveyance (FPMR Sec. 101-47.303-2); by negotiated sale (FPMR Sec. 101-
47.304-8); and by competitive sale (FPMR 101-47.304-7). Additionally in
section 2905(b)(4), the DBCRA established economic development
conveyances as a means of disposing of surplus base closure property.
The selection of any particular method of conveyance merely
implements the Federal agency's decision to dispose of the property.
Decisions concerning whether to undertake a public benefit conveyance
or an economic development conveyance, or to sell property by
negotiation or by competitive bid are committed by law to agency
discretion. Selecting a method of disposal implicates a broad range of
factors and rests solely within the Secretary of the Navy's discretion.
Conclusion
The Preferred Development Plan adopted by the State of Rhode Island
and Providence Plantations is consistent with the prescriptions of the
FPMR and Sec. 90.4 of the DoD rule. The State has determined that this
property should have several uses including
[[Page 40061]]
administrative, educational, commercial, light industrial, general
industrial, waterfront industrial, waterfront commercial, dredge
material disposal, parks and open space, conservation, buffer and
greenbelt areas, and highway access areas.
The Preferred Development Plan responds to local and regional
economic conditions, promotes economic recovery from the impact of CBC
Davisville's closure, and is consistent with President Clinton's Five-
Part Plan for revitalizing base closure communities, which emphasizes
local economic redevelopment of the closing military facility and
creation of new jobs as the means to revitalize these communities. 32
CFR parts 90 and 91, 59 FR 16, 123 (1994). Any resultant environmental
impacts can be mitigated by the acquiring entity under the direction of
Federal, State, and local regulatory requirements.
Although the ``No action'' alternative has less potential for
causing adverse environmental impacts, this alternative would not
foster local economic redevelopment of the CBC Davisville property and
would not create new jobs. Additionally, it would not take advantage of
the property's location, physical characteristics, and infrastructure
or the current uses of adjacent property. Finally, it is not compatible
with the State's Comprehensive Reuse Plan.
Accordingly, Navy will dispose of Naval Construction Battalion
Center Davisville in a manner that is consistent with the State of
Rhode Island and Providence Plantations' Preferred Development Plan for
the property.
Dated: July 16, 1997.
William J. Cassidy, Jr.,
Deputy Assistant Secretary of the Navy (Conversion and Redevelopment).
[FR Doc. 97-19614 Filed 7-24-97; 8:45 am]
BILLING CODE 3810-FF-M
