Record of Decision for the Transfer and Reuse of Naval Weapons Industrial Reserve Plant, Calverton, New York

DEPARTMENT OF DEFENSE

Department of the Navy

Record of Decision for the Transfer and Reuse of Naval Weapons

Industrial Reserve Plant, Calverton, New York

AGENCY: Department of the Navy, DOD.

ACTION: Notice of Record of Decision.

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SUMMARY: The Department of the Navy, after carefully weighing the

environmental implications of transferring Naval Weapons Industrial

Reserve Plant (NWIRP) Calverton out of Navy ownership, announces its

decision to transfer the property to the Town of Riverhead, NY; the New

York State Department of Environmental Conservation (NYSDEC); and the

Department of Veterans Affairs.

FOR FURTHER INFORMATION CONTACT: Mr. Bob Ostermueller, Northern

Division Naval Facilities Engineering Command (Code 202.2), Mail Stop

82, 10 Industrial Highway, Lester, PA 19113, telephone (610) 595-0759.

SUPPLEMENTARY INFORMATION: The text of the entire Record of Decision is

provided as follows:

Pursuant to Public Law (PL) 103-C337 and 104-106, Section 102(2)C

of the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4331

et seq.) and the Council on Environmental Quality Regulations for

implementing NEPA procedures (40 CFR 1500-1508), the Department of the

Navy (Navy) announces its decision to transfer the Naval Weapons

Industrial Reserve Plant Calverton (NWIRP Calverton) to the Town of

Riverhead, NY; the New York State Department of Environmental

Conservation (NYSDEC); and the U.S. Department of Veterans Affairs

(VA). The transfer and subsequent reuse of these properties will be

consistent with the preferred alternative as described in the Final

Environmental Impact Statement (FEIS) prepared for this action.

Background

The transfer of this property has been authorized by two acts of

legislation. Under PL 130-C-337, ``the Secretary of the Navy may

convey, without consideration, to the Community Development Agency of

the Town of Riverhead, all right, title, and interest of the United

States in and to a parcel of land, and improvements thereon, consisting

of approximately 2,900 (2,923) acres and comprising a portion of the

Naval Weapons Industrial Reserve Plant, Calverton, New York''. Also,

the legislation allows for the transfer of the remaining 3,137 acres,

consisting of flight operations buffer zones, to the NYSDEC. Under PL

104-106, ``the Secretary of the Navy may transfer, without

reimbursement, to the administrative jurisdiction of the Secretary of

Veterans Affairs a parcel of real property consisting of approximately

150 acres located adjacent to the Calverton National Cemetery,

Calverton New York, and comprising a portion of the buffer zone of the

Naval Weapons Industrial Reserve Plant, Calverton NY''.

Alternatives Considered

The Navy considered three alternatives for reuse of the 2,923 acres

of NWIRP Calverton and a no action alternative where the 2,923 acres

would be retained as federal property. The transfer of 3,137 acres to

the NYSDEC and the transfer of 150 acres to the VA are components of

each of the three reuse alternatives. The transfer of 3,137 acres is

not a component of the no action alternative and transfer of this

property to the NYSDEC and the transfer of 150 acres to the VA are

independent of the decision to transfer the 2,923 acre parcel to the

Town of Riverhead.

Transfer of the property to Riverhead, and its subsequent

implementation of the Calverton Enterprise Park Reuse Plan, the

preferred reuse alternative, would result in the development of a

multi-use enterprise park with a core industrial complex and a limited

industrial air park, with other uses including a theme park and

attractions; commercial recreation; family entertainment center;

stadium; golf course; and open space. The 3,137-acre flight operation

buffer zones would remain in their natural (undeveloped) state and

would be transferred to the NYSDEC.

The second reuse alternative is the Calverton Enterprise Park/

Raceway Alternative. This alternative would retain many of the land

uses of the preferred alternative with the most significant difference

being that an automobile raceway complex of approximately 808 acres

would replace the airport (835 acres). The automobile raceway would

occupy much of the terrain as the airport proposed in the reuse plan.

This alternative retains the industrial business park use and the

existing 10,000 ft runway.

The third reuse alternative is the Peconic Village Alternative and,

although this alternative includes some of the land use features of the

other two alternatives (the industrial business park, hotel conference

center, golf courses and open space), the site would be developed

primarily as an age-restricted residential community containing an

estimated 688 units of assisted living and 1,350 units of senior

housing to accommodate a total of 2,889 residents. Approximately 260

acres of new buildings and paved areas would be expected. Combined with

existing development, it is estimated that a total of 690 acres would

be developed as buildings and/or paved areas.

Navy also evaluated a no action alternative that would leave the

property in caretaker status with the Navy maintaining the physical

condition of the property, providing a security force, and making

repairs essential to safety.

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Environmental Impacts of the Preferred Alternative

There are no direct environmental impacts related to the transfer

of the property. This ROD focuses on the indirect environmental impacts

that would likely result from the Town of Riverhead implementing the

preferred alternative plan. The development of the Enterprise Park

which has been estimated to occur over a 20-year period, will result in

significant new vehicular traffic in the region. Over 42,000 daily

vehicular trips are expected, a significant increase over the amount of

daily traffic generated at NWIRP Calverton prior to its closure in 1994

(2,820 daily trips). Roadway improvements will be necessary to

accommodate this increase in traffic and are expected to be undertaken

by the local and state governments as the need arises.

Similarly, the increase in traffic following development of the

Enterprise Park will result in higher noise levels, particularly in the

late evening hours. The higher noise levels will exceed Federal Highway

Administration standards for certain locations. Expected noise levels

from aviation uses at the Park will not be significant because the

level of aviation activity will be low.

Construction of a new sewage treatment facility and extension of a

potable water supply will be required to meet the utility demands of

the Enterprise Park development. There will be a loss of vegetation and

habitat as new development is added to the Enterprise Park. Wetlands

are located on the site and may be impacted by new development.

However, any new construction that may impact wetlands must comply with

appropriate federal and state regulations governing development in or

near wetlands.

There are three eligible historic buildings and several sites of

archeologically sensitive land at NWIRP Calverton. The Navy, the New

York State Historic Preservation Office (SHPO), and the Advisory

Council on Historic Preservation (ACHP) have signed a Programmatic

Agreement (PA) that will protect these resources.

The expected fiscal impact, after the 20-year development period,

will result in estimated annual employee earnings of approximately $140

million. Over 6,200 direct and indirect jobs will be created and local

tax revenues are predicted to be about $19 million annually.

In accordance with Executive Order 12898, Federal Actions to

Address Environmental Justice in Minority Populations and Low-Income

Populations, the indirect effects of the proposed transfer and reuse

are not expected to cause disproportionate adverse environmental or

economic impacts specific to any groups or individuals from minority or

low-income populations residing in the region. All populations will be

affected equally and in the same manner by the proposed action.

Mitigation

Implementation of the decision to transfer Navy property does not

require Navy to perform any mitigation measures, beyond those discussed

here. As appropriate, the Navy will incorporate notices in the

conveyance documents indicating that wetlands or threatened/endangered

species occur on the parcel. The Navy will also fulfill its

responsibilities in the Programmatic Agreement, and include a

restrictive covenant in the conveyance documents to protect

archeological resources. Redevelopment of NWIRP Calverton in accordance

with the preferred alternative will result in impacts to the

environment that can be mitigated or lessened by various mitigation

measures. The measures would be the responsibility of the Town of

Riverhead or an applicant proposing redevelopment at NWIRP Calverton.

Reuse will cause significant traffic impacts at various

intersections in the study area surrounding the NWIRP Calverton.

Potential mitigation measures may include changing of traffic signal

timing, geometric improvements, and regulatory measures. These measures

could be implemented by the State, the Town of Riverhead or an

applicant proposing redevelopment at NWIRP Calverton.

Most of the on-site ponds are associated with wetlands and would

not be adversely affected by future development because the developer

must comply with strong state and federal laws protecting wetlands.

Local planning review procedures ensure that sediment control measures

would be included in construction design plans to mitigate the

potential for adverse effects on surface waters.

The Town of Riverhead or its developers will have to consult with

the NYSDEC before development can occur in the sections of the parcel

designated as Compatible Growth Area of the Pine Barrens.

Three state-listed species are in an area where commercial and

recreational development is proposed. The Town of Riverhead or its

developers must consult with NYSDEC, and mitigate as appropriate.

Comments Received on the Final EIS

The Navy received comment letters from the US Environmental

Protection Agency (EPA), the Department of Veterans Affairs (VA), a

real estate and development company, a commentor on behalf of the

Montaukett Indian Tribe, and the local descendants of a former property

owner. Several comments were editorial in nature. Substantive comments

are categorized as follows:

Wetlands and State-Listed Threatened/Endangered Species

EPA requested that the Navy consider the use of conservation

easements to ensure the protection of wetlands that may be impacted

during the redevelopment of the site. EPA also recommended that the

property deed transfers be conditioned to require mitigation for

protection of state-listed threatened/endangered species. The Navy will

provide notification of the existence of these natural features in the

transfer documents, and identify the regulatory agencies that have

jurisdiction over these natural resources.

Hazardous Materials and Installation Restoration

Two commentors requested that Navy commit to completing all

sampling, studies, and remedial actions necessary to implement the

planned reuses in a manner consistent with protection of human health

and the environment including lead-based paint in soils. The Navy will

follow procedures mandated in the Comprehensive, Environmental

Response, Compensation and Liability Act (CERCLA) to identify the

extent of contaminants and apply the appropriate remediation to protect

human health and the environment consistent with the preferred land use

for the site. Only after the remedial action is completed or after

installation of the selected remedy which has been demonstrated to be

operating properly and successfully, will the retained federal lands be

transferred. With regard to the treatment of lead-based paint in soils,

the Navy believes that the normal use and maintenance of lead-based

paint does not constitute evidence of a release of a hazardous

substance as defined by CERCLA that requires a response.

Native American Concerns

Comments were received on behalf of the Montaukett Tribe of Long

Island concerning the ``official status'' (federal recognition) of the

Tribe and suggested that the FEIS is defective in ways that pose risk

of severe harm to the Montaukett Tribe. Of primary concern to the Tribe

was the archeological

[[Page 50218]]

investigations conducted by the Navy for this project. The commentor

was concerned that the North American Graves Protection and

Repatriation Act (NAGPRA) was not considered. This law provides Indian

Tribes, recognized by the Bureau of Indian Affairs (BIA), certain

rights concerning the treatment of ancestral burial. Another commentor

noted that it appeared that no tribal representatives had been

contacted during the preparation of the environmental impact statement,

and that the archeological survey conducted for this project appears to

have not been adequately completed. In response to these concerns, the

Navy solicited the identification of interested persons and/or issues

that should be addressed in the EIS through the scoping process, the

notice of which was published in the Federal Register and local area

newspapers. Additionally, the Navy consulted with the BIA, state and

local governments and other interested agencies during the preparation

of the EIS. Regarding the protection of ancestral burials, the Navy, in

conjunction with the SHPO, developed a Phase IA archeological survey

which identified approximately 300 acres of NWIRP Calverton that may

contain artifacts that may be eligible for listing on the National

Register of Historic Places. A follow-on study, also developed with the

SHPO, was conducted to complete further archeological investigations on

the lands most likely to be developed through the reuse of the site.

Results of these surveys and the Programmatic Agreement prepared for

the treatment of cultural resources at NWIRP Calverton, which requires

that future development on archeologically sensitive portions of NWIRP

Calverton be preceded by appropriate archeological studies, will ensure

archeological resources, including burial sites in accordance with

NAGPRA, are protected. The Programmatic Agreement covers the entire

NWIRP Calverton site and requires future development to be preceded by

consultation with and approval by the SHPO.

Cultural Resources

A number of commentors were concerned about the protection of

cultural and archeological resources. EPA requested that Navy

incorporate provisions of the Programmatic Agreement, developed in

compliance with National Historic Preservation Act, into this ROD. The

Navy will fulfill its responsibilities designated in the Programmatic

Agreement.

Environmental Justice

EPA requested information concerning how the Navy satisfied its

responsibilities under Executive Order (EO) 12898 for Environmental

Justice particularly with regard to the concerns of the Montaukett

Tribe. The Tribe notified EPA that the Tribe would be

disproportionately affected by the reuse of NWIRP Calverton by the loss

of Tribal burial grounds that may be disturbed during redevelopment of

the site. The FEIS states that the proposed transfer and reuse of the

site are not expected to cause disproportionate adverse environmental

impacts specific to any groups or individuals from minority or low

income populations residing in the study area. The concern noted by the

Montaukett Tribe with regard to the requirements of this EO on the

future development of the site potentially impacting ancestral burial

areas has been considered and is provided for in the Programmatic

Agreement and attached archeology covenant that will be included in the

deed.

Calverton National Cemetery

The VA commented that increased traffic will affect public access

to the Calverton National Cemetery. The Navy acknowledges that the

planned redevelopment of the NWIRP facility will result in additional

vehicular traffic in the area. The FEIS identified traffic improvements

that may be implemented by the state and local governments that will

improve traffic conditions.

Conclusion

The Calverton Enterprise Park Reuse Plan has been identified by the

Town of Riverhead as its preferred alternative reuse plan. In the

development of this plan, the Town of Riverhead Planning Commission

established the following goals for the reuse of the NWIRP site:

maximize job creation; increase tax bases; and enhance regional quality

of life. The Calverton Enterprise Park Reuse Plan responds to local and

regional economic conditions and promotes economic recovery from the

closure of the NWIRP Calverton. The resultant environmental impacts can

be mitigated by the acquiring entity under the direction of federal,

state and local requirements.

The transfer of property to NYSDEC will allow undeveloped, wooded

land to remain in its natural state. The transfer of property to VA for

use as a federal cemetery will ensure a land use consistent with the

adjoining VA property, and will allow the continued service that VA

provides to the community.

Although the ``no action'' alternative has less potential for

causing adverse environmental impacts, this alternative would not

promote local economic redevelopment of the NWIRP site and would not

create new jobs. Additionally it would not take advantage of the

property's physical characteristics and infrastructure.

Based on the analysis contained in the FEIS and support provided in

the administrative record, I have decided, on behalf of the Department

of Navy, to direct transfer of portions of NWIRP Calverton to the Town

of Riverhead to be redeveloped consistent with the Calverton Enterprise

Plan; to the New York State Department of Environmental Conservation;

and to the Department of Veterans Affairs.

Dated: September 9, 1998.

Duncan Holaday,

Deputy Assistant Secretary of the Navy, (Installations and Facilities).

[FR Doc. 98-25179 Filed 9-18-98; 8:45 am]

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