[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Notices]
[Pages 59164-59171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28646]
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DEPARTMENT OF DEFENSE
Department of the Navy
Record of Decision for the Disposal and Reuse of Naval Air
Warfare Center, Aircraft Division, Warminster, PA
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) (1994), 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 Air
Warfare Center, Aircraft Division, Warminster (NAWC), which is located
in Bucks County, Pennsylvania.
Navy analyzed the impacts of the disposal and reuse of NAWC
Warminster in an Environmental Impact Statement (EIS), as required by
NEPA. The EIS analyzed four reuse alternatives and identified the
Proposed Reuse Plan, Naval Air Warfare Center, Bucks County, approved
on June 10, 1997, (Reuse Plan) as the Preferred Alternative. The
Preferred Alternative proposed to use the base for residential,
commercial, municipal, and assisted living activities; to provide low
income and homeless assistance services; to develop public parks and
recreational areas; and to build access roads. The Federal Lands Reuse
Authority of Bucks County (FLRA) is the Local Redevelopment Authority
(LRA) for NAWC Warminster. Department of Defense Rule on Revitalizing
Base Closure Communities and Community Assistance (DoD Rule), 32 CFR
176.20(a).
Navy intends to dispose of NAWC Warminster in a manner that is
consistent with the Reuse Plan. Navy has determined that the proposed
mixed land use will meet the goals of achieving local economic
redevelopment, creating new jobs, and providing additional housing,
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 entities and the local zoning authorities.
Background
Under the authority of the Defense Base Closure and Realignment Act
of 1990 (DBCRA), Public Law 101-510, 10 U.S.C. 2687 note (1994), the
1991 Defense Base Closure and Realignment Commission recommended the
realignment of Naval Air Development Center, Warminster. This
recommendation was approved by President Bush and accepted by the One
Hundred Second Congress in 1991.
As a result of the 1991 realignment, most of the Warminster
Development Center's aircraft systems research and development and test
and evaluation functions moved to Naval Air Warfare Center, Aircraft
Division, Patuxent River, Maryland. On January 1, 1992, the remaining
facilities, i.e., the inertial guidance laboratory (Building 108), the
navigation equipment laboratory (Building 125), the communications
systems laboratory (Building 138), the dynamic flight simulator
(Buildings 70 and 72), the family housing units, and the Oreland Open
Water Test Facility, a 15-acre non-contiguous site located about eight
miles southwest of NAWC Warminster in Montgomery County, Pennsylvania,
were renamed Naval Air Warfare Center, Aircraft Division, Warminster.
The 1995 Defense Base Closure and Realignment Commission modified
the 1991 Commission's recommendation by directing Navy to close NAWC
Warminster, including the Oreland Open Water Test Facility. The 1995
Commission's recommendation was
[[Page 59165]]
approved by President Clinton and accepted by the One Hundred Fourth
Congress in 1995. The base closed on September 30, 1996.
With the exception of the Oreland facility, all of the property
comprising NAWC Warminster is located in the southern part of Bucks
County, Pennsylvania, about 18 miles north of Center City Philadelphia.
This property covers 824 acres and lies within three municipalities.
Most of the property, about 609 acres, is located in Warminster
Township. About 46 acres in the northwest corner of the base are
located in Ivyland Borough. The remaining 169 acres in the eastern part
of the base are located in Northampton Township. Navy controls an
additional 38 acres in Northampton Township by way of easements for air
operations. Disposal and reuse of the Oreland Open Water Test Facility
in Montgomery County were treated in a separate environmental analysis
and document.
The base is oriented along an east-west axis with irregularly
shaped borders. It is bounded on the west by a Southeastern
Pennsylvania Transportation Authority railroad line; on the north by
Kirk Road, Newtown Road, and Bristol Road; on the east by New Road; and
on the southwest by Street Road. In the western part of the base,
Jacksonville Road crosses the property in a northeast-southwest
alignment and connects Kirk Road to Street Road. In the eastern part of
the base, Bristol Road crosses the property in a northwest-southeast
orientation, and Hatboro Road links Bristol Road to New Road.
Navy will retain certain NAWC Warminster properties, i.e., six
single-family houses, 40 multi-family residential units, and related
support buildings that serve 205 military families. In August 1995,
Navy transferred these properties, covering 67 acres, to Naval Air
Station Joint Reserve base, Willow Grove, Pennsylvania.
This Record Of Decision addresses the disposal and reuse of those
parts of NAWC Warminster that are surplus to the needs of the Federal
Government. This surplus property, covering 757 acres, contains about
162 buildings and structures that provide about 1.7 million square feet
of space. The base contains aviation facilities consisting of an 8,000-
foot east-west runway, an aircraft parking apron covering about 11
acres, a hangar, an air traffic control tower, and a fire station. The
surplus property also contains research and development facilities,
laboratory facilities, industrial facilities, administrative offices,
personnel support facilities, medical facilities, and recreational
facilities.
Navy expects to convey about 287 acres of surplus property in the
western part of the base to the Federal Lands Reuse Authority by way of
an economic development conveyance. Of that total, about 261 acres
located in Warminster Township, including the western end of the runway
and the main complex of buildings (Buildings 1, 2, and 3), will be
redeveloped as a business complex. About 26 acres located in Ivyland
Borough will be redeveloped as a residential area.
The remaining 470 acres of surplus property have been or will be
conveyed by way of various kinds of public benefit conveyances. On
September 19, 1997, Navy assigned about 125 acres in the eastern end of
the base to the United States Department of the Interior for subsequent
conveyance to Northampton Township for use as parks and recreational
areas. Subsequently, about 32 of those 125 acres were made available
for construction of a school and related recreational facilities for
the Council Rock School District. On November 18, 1997, Navy assigned
about two acres at the northern tip of the eastern end of the base to
the United States Department of Education for subsequent conveyance to
Northampton Township for use as a fire fighter training facility.
On January 7, 1998, Navy assigned about 38 acres in the eastern
part of the base to the United States Department of Health and Human
Services for subsequent conveyance to Northampton Township for use as
an assisted living facility for senior citizens. On October 27, 1998,
Navy assigned about two acres in the eastern end of the base to the
United States Department of Health and Human Services for subsequent
conveyance to Northampton Township. The Township will build a well on
this property to increase the capacity of its existing municipal water
system.
On March 18, 1999, Navy assigned about 31 acres and the inertial
guidance laboratory (Building 108), located in the south central part
of the base, to the United States Department of Education for
subsequent conveyance to Pennsylvania State University for use as an
applied research laboratory.
Navy will assign about 255 acres in the western and central parts
of the base to the United States Department of the Interior for
subsequent conveyance to Warminster Township for use as parks and
recreational areas, access roads and open space.
Navy will assign nine acres and the base's wastewater treatment
plant in the western end of the base to the United States Department of
Health and Human Services for subsequent conveyance to the Warminster
Municipal Authority. Navy will assign about two acres in the western
part of the base adjacent to the dynamic flight simulator (Buildings 70
and 72) to the United States Department of Health and Human Services
for subsequent conveyance to Bucks County, which will build a facility
for its county coroner.
Of the remaining six acres of surplus Federal property, Navy will
assign two acres to a private homeless assistance provider and four
acres to Bucks County. They will provide low income and homeless
assistance services in accordance with four legally binding agreements
between the FLRA and homeless assistance providers that were approved
by the United States Department of Housing and Urban Development.
Navy published a Notice Of Intent in the Federal Register on
September 19, 1995, announcing that Navy would prepare an EIS for the
disposal and reuse of NAWC Warminster. On October 12, 1995, Navy held a
public scoping meeting at the Longstreth Elementary School in
Warminster, and the scoping period concluded on November 1, 1995.
Navy distributed the Draft EIS (DEIS) to Federal, State, and local
agencies, elected officials, interested parties, and the general public
on January 3, 1997, and commenced a 45-day public review and comment
period. During this period, Federal, State, and local agencies,
community groups and associations, and interested persons submitted
oral and written comments concerning the DEIS. On January 28, 1997,
Navy held a public hearing at the Warminster Township Building to
receive comments on the DEIS.
Navy's responses to the public comments were incorporated in the
Final EIS (FEIS), which was distributed to the public on December 24,
1998, for a review period that concluded on January 25, 1999. Navy
received two letters commenting on the FEIS.
Alternatives
NEPA requires Navy to evaluate a reasonable range of alternatives
for the disposal and reuse of this surplus Federal property. In the
FEIS, Navy analyzed the environmental impacts of four reuse
alternatives. Navy also evaluated a ``No Action'' alternative that
would leave the property in caretaker status with Navy maintaining the
physical condition of the property, providing a security force, and
making repairs essential to safety.
On February 1, 1995, the Board of Commissioners of Bucks County
established the Federal Lands Reuse Authority of Bucks County. Bucks
[[Page 59166]]
County Ordnance No. 89. The FLRA would prepare a reuse plan for the
NAWC Warminster property to be available as a result of the 1991 round
of Defense Base Closures and Realignments. In March 1995, the FLGA
adopted a proposed reuse plan entitled Naval Air Warfare Center, Bucks
County, Pennsylvania, Reuse Plan. Navy identified this initial reuse
plan as the Preferred Alternative in the DEIS dated December 1996. In
1997, the FLRA changed its reuse plan and incorporated those parts of
the base that Navy had retained under the 1991 realignment but
subsequently declared surplus as a result of the 1995 closure decision.
The FLRA adopted the Proposed Reuse Plan, Naval air Warfare Center,
Bucks County, Pennsylvania, as its final plan on June 10, 1997. FLRA
Resolution No. 25-97.
The Reuse Plan, identified in the FEIS as the Preferred
Alternative, proposed a mix of land uses. The Preferred Alternative,
proposed a mix of land uses. The Preferred Alternative would use 26
acres for residential purposes; 292 acres for a business complex; 38
acres for an assisted living facility; 13 acres for public health and
safety facilities; six acres for low income and homeless assistance
services; 18 acres for access roads and open space; and 370 acres for
parks and recreational activities. This Alternative would not use the
runway for aviation activities. It will be necessary to make extensive
utility infrastructure and roadway improvements to support the Reuse
Plan's proposed redevelopment of NAWC Warminster.
The Preferred Alternative would use 68 acres west of Jacksonville
Road for commercial activities. Within these 68 acres on the western
end of the property, this Alternative proposed to use the main complex
(Buildings 1, 2, and 3) and the dynamic flight simulator (Buildings 70
and 72) for research and development in ways similar to Navy's
historical uses of those buildings. In the southeastern part of this
area, the Preferred Alternative proposed to use the dispensary
(Building 16) for low income and homeless assistance services.
East of Jacksonville Road and north of Street Road, the Preferred
Alternative would build a 187-acre business complex providing about 1.5
million square feet of new construction. The Preferred Alternative
would use part of the runway to build new access roads to serve this
business complex. In the northern part of the complex, this Alternative
would use the base's fire station as a municipal fire station. In the
southeastern part of this complex, the aircraft flight equipment
laboratory (Building 80) would be used for low income and homeless
assistance services.
In Ivyland Borough, north of the proposed business complex, east of
Jacksonville Road, and southwest of Kirk Road, the Preferred
Alternative proposed to build a 26-acre single-family residential
complex adjacent to the officers housing retained by Navy. This
residential complex would provide between 150 and 200 new homes.
The central part of the base, east of the business complex and
southwest of Bristol Road, would be reserved for parks and recreational
activities. This area would cover the eastern part of the runway. The
parks and recreational areas would extend northwest to the new
residential complex and southwest along the 187-acre business complex
to the southern boundary of the property. The Preferred Alternative
would use Quarters A and Quarters B here for low income and homeless
assistance services.
South of the parks and recreational areas and adjacent to the
enlisted housing retained by Navy, the Preferred Alternative proposed
to use 37 acres for another business complex that would include use of
the inertial guidance laboratory (Building 108) in a manner similar to
Navy's historical use of that building.
On 125 acres at the eastern end of the base in Northampton
Township, the Preferred Alternative would develop parks and
recreational areas. On two acres at the northern tip of the eastern end
of the base, this Alternative would build a fire station. At the
eastern end of the base, it would build a municipal drinking water well
and pump facility. On the remaining surplus property, north of Hatboro
Road, it would build as assisted living facility on 38 acres that would
support about 500 senior residents.
Navy analyzed a second ``action'' alternative, described in the
FEIS as the University/Institutional Alternative. This Alternative was
identified in the DEIS as the Preferred Alternative and reflects the
FLRA's March 1995 reuse plan. The University/Institutional Alternative
proposed land uses similar to those in the Reuse Plan, but provided
more intense development and less parks and recreational areas.
West of Jacksonville Road, the University/Institutional Alternative
would use 46 acres to develop a business complex. This Alternative also
proposed to use the dynamic flight simulator (Buildings 70 and 72) for
research and development in a manner similar to Navy's historical use
of those buildings. Additionally, it proposed to build university and
institutional facilities on 12 acres west of Jacksonville Road. On
these 12 acres, the navigation equipment laboratory (Building 125) and
the communications systems laboratory (Building 138) would also be used
for university and institutional activities. This Alternative proposed
to use Building 16 west of Jacksonville Road for low income and
homeless assistance services.
On 159 acres east of Jacksonville Road, the University/
Institutional Alternative would build an industrial and business
complex providing 1,850,000 square feet of new construction. On the
southern end of this complex, it proposed to build a 50,000 square foot
hotel and conference center on ten acres facing Street Road. On the
northern edge of the complex, this Alternative would use the base's
fire station as a municipal fire station. In the southeastern part of
the complex, this Alternative proposed to use Building 80 for low-
income and homeless assistance services. It would also maintain open
space along the boundary between the hotel and Building 80.
In Ivyland Borough, north of the business complex, east of
Jacksonville Road, and southwest of Kirk Road, the University/
Institutional Alternative proposed to build a 26-acre single-family
residential complex adjacent to the officers housing retained by Navy.
This residential complex would provide between 150 and 200 new homes.
East of this residential area and south of Kirk Road, the
University/Institutional Alternative would provide 25 acres for
municipal purposes. This Alternative would also use parts of the runway
and aircraft parking apron to build new access roads.
The central part of the base, east of the industrial/business
complex and the municipal area and south of Kirk Road, Newtown Road,
and Bristol Road, would be reserved for parks and recreational
activities. This area would cover the eastern part of the runway. The
University/Institutional Alternative would use Quarters A and Quarters
B here for low income and homeless assistance services.
The University/Institutional Alternative would use the inertial
guidance laboratory (Building 108), located south of the parks and
recreational areas and adjacent to the enlisted housing retained by
Navy, in a manner similar to Navy's historical use of that building.
Northeast of the laboratory, this Alternative would use 84 acres to
build an educational complex serving about 2,000 students.
[[Page 59167]]
On 125 acres at the eastern end of the base in Northampton
Township, the University/Institutional Alternative would develop parks
and recreational areas. On the northern and eastern tips of the eastern
end of the property, this Alternative would provide five acres for
municipal uses. On the remaining surplus property, north of Hatboro
Road, it would build an assisted living facility on 38 acres that would
support about 500 senior residents.
Navy analyzed a third ``action'' alternative, described in the FEIS
as the Residential Alternative. Under this Alternative, the property
east of Jacksonville Road would be developed for residential uses and
recreational facilities.
West of Jacksonville Road, the Residential Alternative would use 46
acres to develop a business complex. This Alternative also proposed to
use the dynamic flight simulator (Buildings 70 and 72) for research and
development in a manner similar to Navy's historical use of those
buildings.
Additionally, it proposed to use 12 acres and Buildings 125 and 138
for university and institutional activities. This Alternative also
proposed to use Building 16 west of Jacksonville Road for low income
and homeless assistance services.
On 65 acres east of Jacksonville Road, the Residential Alternative
would build an industrial and business complex providing about 636,000
square feet of new construction. Northeast of the complex, this
Alternative would use the base's fire station as a municipal fire
station.
In Ivyland Borough, northeast of the business complex, east of
Jacksonville Road, and southwest of Kirk Road, the Residential
Alternative proposed to build a 26-acre single-family residential
complex adjacent to the officers housing retained by Navy. This
residential complex would provide about 175 new homes. East of the
residential area and the industrial/business complex, the Residential
Alternative would develop parks and recreational areas.
In the central part of the base, east of the parks and recreational
areas and southwest of Bristol Road, the Residential Alternative would
build a 250-acre golf course and residential community consisting of
400 residential units. This area would cover the eastern part of the
runway. This Alternative would use Quarters A and Building 80 here for
low income and homeless assistance services.
Southwest of the golf course community and east of the industrial
and business complex and parks and recreational areas, the Residential
Alternative would reserve open space. South of the golf course
community, this Alternative would develop additional parks and
recreational areas. This Alternative would use Quarters B here for low
income and homeless assistance services. South of the golf course
community, between the additional parks and recreational areas and the
enlisted housing retained by Navy, it would use the inertial guidance
laboratory (Building 108) in a manner similar to Navy's historical use
of that building.
On 125 acres at the eastern end of the base in Northampton
Township, the Residential Alternative would develop additional parks
and recreational areas. On the remaining surplus property, north of
Hatboro Road, this Alternative would build an assisted living facility
on 38 acres that would support about 500 senior residents.
Navy analyzed a fourth ``action'' alternative, described in the
FEIS as the Aviation Alternative. Using 3,800 feet of the 8,000-foot
runway, this Alternative would develop a general aviation airport on
168 acres. The airport would support single engine and twin engine
propeller aircraft and light cargo turboprop aircraft. By the year
2010, projected air operations for this airport could range from 20,400
to 215,500 general aviation operations annually.
The remainder of the surplus property would be dedicated to uses
compatible with a general aviation airport. These uses would include 58
acres for a business complex; 284 acres for industrial and commercial
activities; ten acres for a hotel and conference center; 162 acres for
parks and recreational activities; and 41 acres for access roads and
open space. This Alternative would develop more intense industrial,
research and development, and aviation activities than the other reuse
alternatives.
West of Jacksonville Road, the Aviation Alternative would build a
business complex on 58 acres. This Alternative proposed to use the
dynamic flight simulator (Buildings 70 and 71) for research and
development in a manner similar to Navy's historical use of those
buildings. It also proposed to use Building 16 west of Jacksonville
Road for low income and homeless assistance services.
East of Jacksonville Road, north and east of the runway, and
southwest of Bristol Road, the Aviation Alternative would use 284 acres
to develop a 4,900,000 square foot industrial and business complex.
This Alternative would use Quarters A here for low income and homeless
assistance services. South of the runway, the Alternative would use 77
acres to support aviation operations with hangars, maintenance
facilities, and aircraft tiedown areas. It would also use seven acres
here to build a passenger terminal.
On the southern end of the property, south of the aviation support
facilities, this Alternative proposed to build a 50,000 square foot
hotel and conference center on ten acres facing Street Road. East of
the passenger terminal, it would use Building 80 and Quarters B for low
income and homeless assistance services. This Alternative would
maintain open space along the boundary between the hotel and Building
80.
South of the industrial and business complex, between the aviation
support facilities and the enlisted housing retained by Navy, the
Aviation Alternative would use the inertial guidance laboratory
(Building 108) in a manner similar to Navy's historical use of that
building. On 162 acres at the eastern end of the base in Northampton
Township, this Alternative would develop parks and recreational
activities.
Environmental Impacts
Navy analyzed the direct, indirect, and cumulative impacts of the
disposal and reuse of this surplus Federal property. The EIS addressed
impacts of the Preferred Alternative, the University/Institutional
Alternative, the Residential Alternative, the Aviation Alternative, and
the ``No Action'' Alternative for each alternative's effects on land
use, socioeconomics, community services, transportation, air quality,
noise, infrastructure, cultural resources, natural resources, and
petroleum and hazardous substances. This Record of Decision focuses on
the impacts that would likely result from implementation of the Reuse
Plan, identified in the FEIS as the Preferred Alternative.
The Preferred Alternative would not have an significant impact on
land use. Implementation of the Preferred Alternative would result in
the continuing use and further development of the property as a
technology research and development center. There would be more
commercial, industrial, and office activities, additional housing (for
single-family) and assisted living), various municipal activities, and
extensive parks and recreational areas.
The existing airfield would not be used, and parts of the runway
would be converted into roadways and parking areas. Access to the
property would be gained from the existing roadway network of
Jacksonville Road, Street
[[Page 59168]]
Road, Kirk Road, Newton Road, Bristol Road, Hatboro Road, and New Road.
The land uses proposed in the Preferred Alternative would be
generally compatible with each other and with adjacent off-base land
uses. However, development of the new facilities and activities would
result in a substantial increase in use of the property's open space
and a significant change from the existing airfield to various proposed
uses. Zoning changes will be required for the assisted living facility,
the parks and recreational areas, the firehouse, and the municipal
well. In Ivyland Borough, it would be necessary to rezone the proposed
site of the Reuse Plan's 150 to 200 housing units to accommodate the
resultant increase in residential density.
The Reuse Plan would not have any significant impact on the
socioeconomics of the surrounding area. The Preferred Alternative would
build 150 to 200 new homes in that part of NAWC Warminster located in
Ivyland Borough, providing housing for an additional 400 to 600
persons. The proposed 250,000 square foot assisted living facility
would provide housing for about 500 senior residents.
By the year 2010, this Alternative would create about 6,850 direct
jobs and 7,504 indirect jobs that would generate about $181 million in
direct payroll earnings and $151 million in indirect earnings. The
Preferred Alternative would also generate an estimated $1.305 million
annually in property tax revenue.
The Preferred Alternative would not have any significant impact on
community services. By the year 2010, the Preferred Alternative would
generate an increase of 1,610 school age children living in the area.
Since this increase in student population would not be reached until
the year 2010, there is sufficient time for local school districts to
prepare for this impact from the reuse of NAWC Warminster as well as
other unrelated demographic changes in the region. Additionally,
property tax revenues that support local school systems would increase
as property previously owned by the Federal Government became taxable.
The redevelopment of NAWC Warminster would increase the demand on
local communities for fire and police protection services. Closure of
the Navy fire station on the base resulted in dissolution of the mutual
aid agreements among local fire departments. Thus Warminster Township
is considering hiring full-time fire department employees to supplement
the volunteers who currently provide fire protection services. It would
also be necessary for Ivyland Borough to expand its fire and police
protection services to accommodate the redevelopment of NAWC
Warminster. However, implementation of the Preferred Alternative would
increase local government revenues by expanding the property tax base,
and these revenues would assist in expanding fire and police protection
services.
The Preferred Alternative would increase the number of recreational
facilities in the region. Under this Alternative, additional passive
recreational resources, such as nature and picnic areas and athletic
fields, would be available to the public.
The Preferred Alternative would have a significant impact on
transportation. By the year 2010, this Alternative would generate about
15,370 average daily trips. The traffic generated by the Reuse Plan
would cause considerable delays at eight intersections in the vicinity
of NAWC Warminster. Six of these intersections would operate at
unacceptable levels of service during peak commuting hours.
Implementing mitigation measures, such as signal modifications,
additional lanes, staggered work hours, and ride sharing, could reduce
the traffic impacts. Even with these improvements, however, there would
be significant impacts at certain intersections for which mitigation is
not feasible.
The Preferred Alternative would not have any significant impact on
air quality. The base is located in a severe nonattainment area for
ozone as regulated by the Clean Air Act, 42 U.S.C. 7401-7671a (1994).
Ozone, commonly known as smog, is produced when volatile organic
compounds and nitrogen oxides react in the atmosphere. The base is in
attainment for all other common air pollutants regulated under the
Clean Air Act. However, emissions of one common air pollutant, carbon
monoxide (CO), would increase under the Reuse Plan.
Carbon monoxide is produced by the burning of fossil fuels. As a
result of increased vehicular traffic moving to and from the property,
the annual emissions of CO would increase under the Reuse Plan.
Nevertheless, there would be no violation of the national standards for
carbon monoxide.
The impact on air quality that could arise from sources of
stationary emissions, such as heating units, would depend upon the
nature and extent of activities conducted on the property. Developers
of future facilities would be responsible for obtaining the required
air permits and for complying with Federal, State and local laws and
regulations governing air pollution. Temporary impacts on air quality
resulting from construction activities would not be significant.
Section 176(c) of the Clean Air Act, 42 U.S.C. 7506 (1994),
requires Federal agencies to review their proposed activities to ensure
that these activities do not hamper local efforts to control air
pollution. Section 176(c) prohibits Federal agencies from conducting
activities in air quality areas such as Bucks County that do not meet
one or more of the national standards for ambient air quality, unless
the proposed activities conform to an approved implementation plan. The
United States Environmental Protection Agency regulations implementing
Section 176(c) recognize certain categorically exempt activities.
Conveyance of title to real property and certain leases are
categorically exempt activities. 40 CFR 93.153(c)(2) (xiv) and (xix).
Therefore, the disposal of NAWC Warminster will not require Navy to
conduct a conformity determination.
The Preferred Alternative would not have any significant impact on
noise. During reuse, a gradual increase in ambient noise levels would
arise out of the increased vehicular traffic. At four of the six sites
analyzed, noise increases in the early morning hours would be
perceptible to the human ear, i.e., greater than three decibels.
However, the existing noise levels near the residential areas are
typical of a suburban neighborhood and are already high.
The Preferred Alternative would not have any significant impact on
infrastructure and utilities. It would be necessary gradually to
replace and upgrade the electrical distribution system. The Reuse
Plan's projected daily demand for potable water would exceed Navy's
historical usage and would require additional sources of water. It
would be necessary to extend the Warminster Municipal Authority's water
distribution system to the base and incorporate a drinking water well
on the base into that system.
The proposed redevelopment of NAWC Warminster would require an
increase in wastewater treatment capacity. The acquiring entities could
use the base's wastewater treatment plant to provide adequate treatment
capacity for the proposed redevelopment of NAWC Warminster. When
operating this plant, they would be subject to the requirements of the
National Pollutant Discharge Elimination System (NPDES) permit program.
Similarly, stormwater must be managed in accordance with Federal,
State, and local laws and regulations.
[[Page 59169]]
Thus, the acquiring entities would be responsible for constructing
adequate drainage facilities.
The Preferred Alternative would generate about three tons of solid
waste per day more than Navy did when the base was operational. There
is adequate disposal capacity to accommodate this increase in waste,
and no significant impact is likely.
The Preferred Alternative would not have any significant impact on
cultural resources. Pursuant to Section 106 of the National Historic
Preservation Act, 16 U.S.C. 470f (1994), Navy performed a cultural
resource survey and determined that seven structures are eligible for
listing on the National Register of Historic Places. In a letter dated
May 6, 1998, the Pennsylvania State Historic Preservation Officer
(SHPO) stated that only three of the seven structures satisfied
eligibility requirements. The three structures at NAWC Warminster
determined to be eligible for listing on the Register are the inertial
guidance laboratory (Building 108), the ejector seat test facility
(Structure 361), and the centrifuge (Building 70). The Reuse Plan
proposes to use the inertial guidance laboratory and the centrifuge in
ways similar to Navy's historical uses. The ejector seat test facility
will be used to support communications antennas.
There are no known archaeological sites at NAWC Warminster that are
eligible for listing on the National Register. However, the cultural
resource survey identified archaeologically sensitive areas within
parts of NAWC Warminster proposed for disposal and reuse, i.e., at
Quarters A and Quarters B. Depending upon the location and design of
particular redevelopment projects, potential archaeological resources
in these areas could be affected by construction activities.
Navy has completed consultation pursuant to Section 106 of the
National Historic Preservation Act with the Advisory Council on
Historic Preservation and the Pennsylvania State Historic Preservation
Officer. These consultations identified measures that the acquiring
entities must take to avoid or mitigate adverse impacts on the eligible
structures and the archaeologically sensitive areas. These measures
were set forth in a Programmatic Agreement among Navy, the Advisory
Council on Historic Preservation, and the Pennsylvania State Historic
Preservation Officer, dated December 9, 1998. This Programmatic
Agreement requires the incorporation of restrictive deed covenants for
each of the structures in the documents conveying the property. These
covenants require subsequent owners of the property to obtain written
permission from the SHPO before undertaking any alterations to the
three eligible structures and before engaging in any activities that
would disturb the ground in the archaeologically sensitive areas.
The Preferred Alternative would not have any significant impact on
upland vegetation and wildlife. The existing vegetation in the vicinity
of the runway, taxiways, and developed areas consists largely of
maintained lawns and ornamental and naturally occurring trees and
shrubs. The redevelopment of these areas would reduce the vegetation in
these low value habitats. Navy did not actively use the property east
of the runway when the base was operational and leased it for farming.
The proposed redevelopment of this area would result in a change from
agricultural activities to parks and recreational uses.
Navy determined that there were no Federally-listed threatened or
endangered species at NAWC Warminster as defined by the Endangered
Species Act of 1973, 16 U.S.C. 1531-1544 (1994). Therefore, the
disposal and reuse of NAWC Warminster would not have any adverse effect
on Federally-listed threatened or endangered species. In letters dated
September 14, 1995 and November 21, 1995, the United States Fish and
Wildlife Service concurred in Navy's determination.
There are several freshwater wetlands on the base that cover about
three acres. The Reuse Plan did not provide detailed site plans for the
proposed redevelopment. Thus, the impact on these wetlands cannot be
fully assessed. Future redevelopment plans that may affect wetlands
will be subject to the wetland regulations that implement Section 404
of the Clean Water Act, 33 U.S.C. 1344 (1994). These regulations are
set forth at 33 CFR part 323, and are enforced by the United States
Army Corps of Engineers. Implementation of the Preferred Alternative
would not have any impact on floodplains, because NAWC Warminster does
not lie within 100-year or 500-year floodplains.
The Preferred Alternative would not have any significant impact on
the environment as a result of the use of petroleum products or the use
or generation of hazardous substances by the acquiring entities.
Hazardous materials used and hazardous waste generated by the Reuse
Plan will be managed in accordance with Federal and State laws and
regulations.
Implementation of the Preferred Alternative would not have any
impact on existing environmental contamination at NAWC Warmister. Navy
will inform future property owners about the environmental condition of
the property and may, when appropriate, include restrictions,
notifications, or covenants in deeds to ensure the protection of human
health and the environment in light of the intended use of the
property.
Executive Order 12898, Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 3 CFR 859
(1995), requires that Navy determine whether any low income and
minority populations will experience disproportionately high and
adverse human health or environmental effects from the proposed action.
Navy analyzed the impacts on low income and minority populations
pursuant to Executive Order 12898. The FEIS addressed the potential
environmental, social, and economic impacts associated with the
disposal of NAWC Warminster and subsequent reuse of the property under
the various proposed alternatives. Minority and low income populations
residing within the region would not be disproportionately affected.
Indeed, the employment opportunities, housing and public services
generated by implementing the Reuse Plan would have beneficial effects.
Navy also analyzed the impacts on children pursuant to Executive
Order 13045, Protection of Children from Environmental Health Risks and
Safety Risks, 3 CFR 198 (1998). Under the Preferred Alternative, the
largest concentration of children would be present in the residential
and recreational areas. The Preferred Alternative would not pose any
disproportionate environmental health or safety risks to children.
Mitigation
Implementation of Navy's decision to dispose of NAWC Warminster
does not require Navy to implement any mitigation measures. Navy will
take certain actions to implement existing agreements and regulations.
These actions were treated in the FEIS as agreements or regulatory
requirements rather than as mitigation.
The FEIS identified and discussed those actions that will be
necessary to mitigate impacts associated with the reuse and
redevelopment of NAWC Warminster. The acquiring entities, under the
direction of Federal, State, and local agencies with regulatory
authority over protected resources, will be responsible for
implementing necessary mitigation measures.
[[Page 59170]]
Comments Received on the FEIS
Navy received comments on the FEIS from one Federal agency, the
United States Environmental Protection Agency (Region III), and one
local agency, the Warminster Municipal Authority. All of the
substantive comments concerned issues discussed in the FEIS. Those
comments that require clarification are addressed below.
The comments of the Environmental Protection Agency's Region III
concerned background information in Section 3 of the FEIS regarding
Navy's Installation Restoration Program at NAWC Warminster. Navy's
responses to these comments are being provided to Region III in the
separate regulatory process prescribed for Installation Restoration
Programs by the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, U.S.C. 9601-9675 (1994).
The Warminster Municipal authority commented that the analysis in
Section 4 of the FEIS incorrectly stated that extending the Authority's
potable water distribution system to the base would provide an adequate
supply of water for redevelopment. The Municipal Authority stated that
it would also be necessary to draw upon a drinking water well on the
base to provide an adequate supply of potable water for redevelopment.
As discussed earlier, Navy acknowledges that a drinking water well on
the base must be incorporated into the Authority's water distribution
system to provide an adequate supply of potable water for the proposed
redevelopment of NAWC Warminster.
The Municipal Authority also commented that the analysis in Section
4 of the FEIS incorrectly concluded that its wastewater treatment plant
has sufficient capacity to treat wastewater generated under the
Preferred Alternative. As discussed earlier, Navy acknowledges that
additional wastewater treatment capacity would be required to support
the proposed redevelopment of NAWC Warminster.
Regulations Governing the Disposal Decision
Since the proposed action contemplates a disposal under the Defense
Base Closure and Realignment Act of 1990 (DBCRA), Public Law 101-510,
10 U.S.C.. 2687 note (1994), Navy's decision was based upon the
environmental analysis in the FEIS and application of the standards set
forth in the 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 174 and 175.
Section 101-47.303-1 of the FPMR requires that disposals 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 historic 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
the DBCRA directs the Secretary of Defense to exercise this authority
in accordance with GSA's property disposal regulations, set forth in
Part 101-47 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 the 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 the DBCRA, may Navy apply
disposal procedures other than those in the FPMR.
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 the 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 Section 174.4 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 LRA's reuse plan and encourage
job creation. As a part of this cooperative approach, the base closure
community's interests, as 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, Section
175.7(d)(3) of the DoD Rule provides that the LRA's plan generally will
be used as the basis for the proposed disposal action.
The Federal Property and Administrative Service Act of 1949, 40
U.S.C. 484 (1994), 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. 101-47.304-9); 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
[[Page 59171]]
property by negotiation or by competitive bid, are left to the Federal
agency's 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 LRA's proposed reuse of NAWC Warminster, reflected in the Reuse
Plan, is consistent with the requirements of the FPMR and Section 174.4
of the DoD Rule. The LRA has determined in its Reuse Plan that the
property should be used for various purposes including residential,
commercial, municipal, assisted living, low income and homeless
assistance, and parks and recreational activities. The property's
location, physical characteristics, and existing infrastructure as well
as the current uses of adjacent property make it appropriate for the
proposed uses.
The Reuse Plan responds to local economic conditions, promotes
rapid economic recovery from the impact of the closure of NAWC
Warminster, and is consistent with President Clinton's Five-Part Plan
for Revitalizing Base Closure Communities, which emphasizes local
economic redevelopment and creation of new jobs as the means to
revitalize these communities. 32 CFR parts 174 and 175, 59 FR 16,123
(1994).
Although the ``No Action'' Alternative has less potential for
causing adverse environmental impacts, this Alternative would not take
advantage of the property's location, physical characteristics, and
infrastructure or the current uses of adjacent property. Additionally,
it would not foster local economic redevelopment of the NAWC Warminster
property.
The acquiring entities, under the direction of Federal, State, and
local agencies with regulatory authority over protected resources, will
be responsible for adopting practicable means to avoid or minimize
environmental harm that may result from implementing the Reuse Plan.
Accordingly, Navy will dispose of the surplus Federal property at
Naval Air Warfare Center, Aircraft Division, Warminster, Pennsylvania,
in a manner that is consistent with the Federal Lands Reuse Authority
of Bucks County's Reuse Plan for the property.
Dated: October 15, 1999.
William J. Cassidy, Jr.,
Deputy Assistant Secretary of the Navy (Conversion And Redevelopment).
Dated: October 27, 1999.
J.L. Roth,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy,
Federal Register Liaison Officer.
[FR Doc. 99-28646 Filed 11-1-99; 8:45 am]
BILLING CODE 3810-FF-M
