Record of Decision for Pacific Missile Range Facility Enhanced Capability

DEPARTMENT OF DEFENSE

Department of the Navy

Record of Decision for Pacific Missile Range Facility Enhanced

Capability

AGENCY: Department of the Navy, Department of Defense.

ACTION: Notice of record of decision.

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

operational and environmental consequences, announces its decision to

enhance the Pacific Missile Range Facility's (PMRF) capability to

permit accommodation of the Department of the Navy Theater Ballistic

Missile Defense (TBMD) and Department of Defense (DOD) Theater Missile

Defense (TMD) testing, evaluation, and training.

FOR FURTHER INFORMATION CONTACT:

Ms. Vida Mossman, Pacific Missile Range Facility, P.O. Box 128, Kekaha,

Kauai, Hawaii, 96752-0128, telephone number (808) 335-4740.

SUPPLEMENTARY INFORMATION: The text of the entire Record of Decision

(ROD) is provided as follows:

The Department of the Navy, pursuant to section 102(2)(c) of the

National Environmental Policy Act (NEPA) of 1969; the Council on

Environmental Quality regulations implementing NEPA procedures, 40 CFR

parts 1500-1508; SECNAVINST 5090.6; OPNAV Instruction 5090.1B; and

Executive Order 12114, announces its decision to enhance the Pacific

Missile Range Facility's (PMRF) capability to accommodate the

Department of the Navy Theater Ballistic Missile Defense (TBMD) and

Department of Defense (DOD) Theater Missile Defense (TMD) testing,

evaluation, and training. These enhancements of PMRF capabilities were

described in the preferred alternatives in the Pacific Missile Range

Facility Enhanced Capability Final Environmental Impact Statement (EIS)

of December 18, 1998.

This decision adopts both the continuation of current PMRF

functions and the development of new sites and implementation of new

activities. Existing PMRF functions include range and land-based

training and operations, research, development, test, and evaluation

(RDT&E), and ongoing base operations and maintenance activities. The

new sites and activities adopted include construction and modification

of target and interceptor launch facilities, launches of target and

interceptor missiles by air, land and/or sea, construction and

modification of instrumentation facilities, construction of support

facilities, and transportation of missile propellant. Locations that

will be affected by this decision are PMRF (PMRF/Main Base, Restrictive

Easement; Makaha Ridge; Kokee; Kamokala Magazines; and Port Allen,

Kauai) PMRF support sites (Niihau; Kaula; Maui Space Surveillance

System, Maui; Kaena Point, Oahu; Wheeler Network Segment Control/PMRF

Communications Sites, Oahu; Department of Energy Communication Sites,

Kauai and Oahu; and the Ocean Area inside and outside of U.S.

territory. Tern Island and Johnston Atoll were eliminated as sites in

the Final EIS.

Related State of Hawaii decisions will permit the use of State

lands in proximity to PMRF to support missile launch and storage

requirements. These State decisions will allow the U.S. Government to:

(1) Continue to exclude non-participants from the ground hazard area

during missile launches at PMRF, (2) permit the Navy to construct

additional ordnance storage facilities to accommodate missile storage

requirements, and (3) establish and maintain safety zones around the

ordnance storage facilities.

Process

The Navy has complied with all applicable Executive Orders

including consideration of the environmental effects of its actions

outside the United States or its territories under the provisions of

Executive Order 12114

[[Page 19980]]

(Environmental Effects Abroad of Major Federal Actions) and the

requirements of Executive Order 12898 (Federal Actions to Address

Environmental Justice in Minority Populations and Low Income

Populations).

The Notice of Intent and the State of Hawaii EIS Preparation Notice

were published in both the Federal Register (62 FR 28451) and The

Environmental Notice, a semi-monthly bulletin of the State of Hawaii

Office of Environmental Quality Control, on May 23, 1997. Notification

of public scoping was also made through local media, as well as through

letters to Federal, State, and local agencies and officials, and

interested groups and individuals. Four public scoping meetings were

held in Hawaii from June 17-23, 1997. In addition a similar but

modified meeting was held for the residents of Niihau.

The notice of Availability of the Draft EIS was published in The

Environmental Notice on April 8, 1998 and in the Federal Register (63

FR 17857) on April 10, 1998. Public hearings were conducted at Waimea,

Kauai, and Honolulu, Oahu, Hawaii, on April 25 and 28, 1998,

respectively. A meeting was held on Niihau for the residents on April

23, 1998. Approximately 210 individuals, agencies, and organizations

submitted comments on the Draft EIS. The Final EIS addressed all oral

and written comments. The Notice of Availability for the Final EIS was

published in the Federal Register on December 18, 1998 and in The

Environmental Notice on December 23, 1998. Articles also appeared in

the Kauai and Oahu newspapers announcing the release and summarizing

the results of the Final EIS. Copies of the Final EIS were mailed to

all those agencies, organizations and individuals who had provided

comments and had requested a copy of the Final EIS.

Alternatives Considered

The alternatives considered were based upon Navy testing

requirements and included sites within a 1200-kilometer radius of PMRF

that were accessible and could be safely used for testing. These

alternatives were the no-action alternative and the preferred

alternative adopted in this decision.

No-Action Alternative

The no-action alternative was the continuation of all components of

existing range and land-based operations, existing RDT&E activities and

training, ongoing base operations maintenance of technical and

logistical facilities, and those mitigation measures and standard

operating procedures which are in place to protect the environment

without any of the enhancements included within the proposed action.

The no-action alternatives was not selected because it fails to build

capability sufficient to meet the Navy TBMD and other DOD TMD mission

requirements. The no-action alternative is the environmentally

preferred alternative.

Action Selected

The selected action was presented as the Preferred Alternative in

the EIS. It includes continued testing and training activities as

currently conducted with the addition of facilities enhancements. The

enhancements are described more particularly below. As noted above, the

decision also includes pursuit of modification of existing restrictive

easements with the State of Hawaii to support missile launches and

acquisition, either through lease or purchase, of State lands located

in proximity to PMRF to support missile storage requirements.

Actions Associated With the Decision

Support Facilities

The Navy will construct, renovate, and modify support facilities at

PMRF, Kamokala Magazines, Makaha Ridge, Kokee, and Niihau. Enhancements

at PMRF will be construction of temporary storage areas for liquid

propellant and a new missile assembly building. Enhancements at

Kamokala Magazines will be construction of two new missile storage

buildings, with security fencing and associated road improvements on

land acquired, through lease or purchase, from the State of Hawaii.

Makaha Ridge and Kokee enhancements consist of improvements to radar

and associated instrumentation support facilities. Enhancements at

Niihau will be construction of target launch facilities at sites A and/

or K, along with reinforced operations shelters, associated road

improvements, and construction of an airstrip at site M on Niihau.

These enhancements will be initiated when program requirements for PMRF

are identified.

Instrumentation

This decision includes installation of new and upgraded radars,

telemetry, and instrumentation at PMRF, Makaha Ridge, and Kokee. On

Niihau, the Navy will install additional instrumentation and telemetry

as well as operate an Aerostat from site C and one of four other sites

(F, G, H, or I) when program requirements are identified. This decision

also includes operation of an Aerostat from a mobile sea platform.

Target Missile Launches

The preferred methods of delivering target missiles are from

aircraft and from land areas at PMRF/Kauai Test Facility. Target

launches from a mobile sea platform or barge will also be used if

required to satisfy mission requirements. Target launch facilities,

consisting of launch pads and supporting facilities, will be built at

PMRF and/or Niihau as and when program requirements are identified.

Interceptor Launches

The Navy will launch interceptor missiles in the open ocean from

existing ships. Missile launch capabilities will also be established on

PMRF for other land based DOD interceptor systems when required, and

will include the use of the existing Strategic Target System (STARS)

launch site. If program requirements are identified, interceptor launch

facilities on Niihau will be developed at sites A and/or K in addition

to the target launch facilities at those sites.

Real Property

The U.S. Navy will request the State of Hawaii to extend the

existing Restrictive Easement at PMRF to December 31, 2030 and to

revise the easement to include launches of additional target missiles.

Current limitations on closures per year or length of closures will not

change. The Navy will also acquire, through lease or purchase, State of

Hawaii property adjacent to the Kamokala Magazines on which to build

two missile storage magazines and establish an associated safety area.

Propellant Transport

The Navy will transport liquid missile propellants to PMRF by air

if the appropriate transportation waivers can be obtained. If waivers

cannot be obtained, the Navy will transport the liquid propellants by

sea directly to PMRF. At this time transportation of liquid propellants

to PMRF by road is not anticipated. if, in the future, transport of

liquid propellants on public roads should become necessary, the Navy

will consult with the Hawaii Department of Transportation and the

Governor's staff prior to any shipments on the public roads.

Environmental Impacts

The Navy analyzed the potential impacts of the selected action in

14 resources areas: air quality, airspace, biological resources,

cultural resources, geology and soils, hazardous materials and

hazardous waste, health and safety, land use, noise, socioeconomics,

[[Page 19981]]

transportation, utilities, visual and aesthetic resources, and water

resources. The Navy also considered the action's potential for

cumulative effects and ensured consistency with federal policies

addressing environmental justice and federal actions in areas outside

the territorial limits of the U.S.

This decision when implemented will have significant impacts on

airspace above Niihau and biological resources at Niihau. Ongoing Navy

activities will continue to have significant impacts on geology and

soils at Kaula and on the non-potable water supplies at Makaha Ridge

and Kokee Park. Impacts on all other resources or functions analyzed

will be less than significant.

Geology and Soils

Ongoing air-to-surface weapons delivery training being conducted at

the southeast end of Kaula has caused permanent adverse soil and

geologic effects associated with rock shattering explosions and the

presence of both live and inert ordnance.

Non-Potable Water

Ongoing test activities at Makaha Ridge and Kokee Park will

continue to have an adverse impact on the non-potable water supply

system.

Airspace

Activation of new operating areas over Aerostat sites or missile

launch sites on Niihau have the potential to impact the V-16 low

altitude airway that crosses the middle of the island. When program

requirements are identified, the Navy will request that a new

Restricted Area be established by the Federal Aviation Administration.

The Restricted Area will surround the proposed sites that lie within

the boundaries of the airway. Whenever an operation is scheduled, the

new Restricted Area will be activated, and air traffic using the V-16

airway will be required to use an alternate flight course. This

represents a potentially significant adverse impact, as defined by the

Federal Aviation Administration, on other regional airways.

Biological Resources

Additional traffic at the existing logistics landing sites and

other landing craft landing areas on Niihau may disturb monk seals that

haul out to bask, or possibly pup, on the sandy beach areas.

Disturbance of green sea turtle nesting sites at the existing logistics

landing sites and other sandy beach areas could also occur. The monk

seal is a federally listed endangered species and the green sea turtle

is a federally listed threatened species.

Mitigation

With regard to the significant impacts described above, the Navy

will ensure that the following mitigation measures described below are

implemented.

Geology and Soils

To minimize impacts to geology and soil at Kaula, the Navy will

limit targeting for air-to-surface weapons delivery to the southeast

tip of the island. This area constitutes approximately eight percent of

the landmass of the island. The Navy is planning no new activities for

Kaula.

Non-Potable Water

To minimize impact on the water supply at Makaha Ridge and Kokee,

the Navy will continue existing water conservation measures in

coordination with the State of Hawaii. The State Parks Department has

drilled a new water well at Kokee Park that will be online within one

to two years, and significant impacts associated with water supply will

be reduced.

Airspace

Use of Notice of Airmen notification will minimize the impact to

aircraft transiting Niihau.

Biological Resources

To protect biological resources at Niihau during construction, PMRF

will use the measures discussed below, developed through consultation

with the U.S. Fish and Wildlife Service and the National Marine

Fisheries Service under the requirements of Section 7 of the Endangered

Species Act.

The National Marine Fisheries Service, in a decision letter issued

on October 21, 1998, concluded that the proposed actions would ``not

likely adversely affect listed species''. The U.S. Fish and Wildlife

Service, in a decision letter issued on October 22, 1998, concurred

with the findings of the Navy's Biological Assessment and stated that

the proposed action is ``not likely to adversely affect endangered or

threatened species.''

During operations PMRF will ensure beaches are monitored for the

presence of monk seals and green sea turtles, and either wait for their

departure or conduct landings elsewhere. PMRF will provide fire

suppression equipment at launch sites and will restrict project

personnel to the facilities where their responsibilities will be

carried out. PMRF will obtain prior approval from the landowner for all

site alterations. Prior to construction of an airstrip, PMRF will

develop a bird aircraft strike hazard plan to avoid bird impacts to

aircraft. PMRF will also take measures to eliminate the import of

exotic wildlife species, and will conduct checks of equipment and

personnel to minimize the risk of inadvertent pest transportation to

the island.

In addition to implementing the above mitigation measures for

significant impacts, the Navy will ensure the following mitigation

measures are implemented to avoid potential significant impacts:

Air Quality

To protect the air quality during any construction activities,

standard construction practices will be followed to control fugitive

dust emissions. These practices may include periodic wetting of

disturbed soils.

Airspace

To prevent indirect impacts to airspace use in the Ocean Area, PMRF

will keep the public and pilots informed of activity that affects

airspace use. PMRF will annually evaluate flight activities, including

missile launch activities, and review mission changes with respect to

supersonic operations, to ensure that every effort is being made to

reduce any adverse indirect impacts.

Biological Resources

To protect biological resources at PMRF/Main Base, the following

existing mitigation measures will be continued: (1) Discourage

albatross from nesting on base, (2) reduce impacts on the Newell

shearwater by the use of protective light shields, (3) monitor the

beaches to identify and avoid turtle nesting before amphibious

landings, and (4) monitor beaches to identify and avoid monk seals

prior to test activities. To protect biological resources at Makaha

Ridge and Kokee, protective shielding will be used for any new outdoor

lighting. To protect biological resources at the Kamokala Magazines,

PMRF will install light shields (if any site is lighted at night) to

reduce effects on the Newell shearwater. To protect biological

resources at Kaula, PMRF will use the area seasonally, when marine

mammals are not present, and will survey waters off the island,

delaying or moving operations if marine mammals are found. The impact

area will continue to be on the south end of the island only.

To protect biological resources in Open Ocean areas, PMRF will use

standard range warning and checking procedures to check for

concentrations of marine mammals in hazard areas. If marine mammals are

present, the Flight Safety Officer will determine whether to continue,

delay, or move the test, as and if necessary for protection of the

animals.

[[Page 19982]]

The Navy plans to continue periodic monitoring of bird populations

on Kaula with assistance from the State of Hawaii Department of Land

and Natural Resources and the U.S. Fish & Wildlife Service.

Cultural Resources

To protect cultural resources, PMRF will implement the mitigation

measures contained in the March 18, 1999 Memorandum of Agreement (MOA)

with the Hawaii State Historic Preservation Officer (SHPO) and the

Advisory Council on Historic Preservation. Concerning Niihau, the MOA

requires the involvement of the island's proprietors, the residents of

Niihau, and the SHPO in determining the nature and scope of surveys to

identify potential impacts to historic properties, including

traditional cultural properties. The MOA also requires appropriate

mitigation measures in the event that there are potentially adverse

impacts to such properties from PMRF's actions on Niihau.

Geology and Soils

To protect geological and soil resources at PMRF/Main Base and

Niihau, the following mitigation measures will be implemented: (1) PMRF

will not launch solid propellant missiles when it is raining, (2) A

water deluge system for cooling or noise suppression will not be

employed, (3) Excavated material will be watered frequently, and (4)

Soil additivities will be used to bond exposed surface soils when

necessary.

To protect geological and soil resources at PMRF/Mail Base, Makaha

Ridge, Kokee, Kamokala Magazines, and Niihau from erosion, PMRF will:

(1) Minimize areas exposed during digging, (2) use soil stabilizers and

sandbags, (3) add covering to slopes, and (4) revegetate slopes as

necessary.

Hazardous Materials and Waste

PMRF will extend main base waste management procedures to include

Niihau. Hazardous materials will not be permanently stored at Niihau,

and hazardous wastes generated by Navy and other DOD activities will be

shipped from Niihau for proper disposal. PMRF will construct all launch

pads and storage devices with containment or sump systems to contain

any potential spills and will conduct any required remediation.

Health and Safety

In the Restrictive Easement, PMRF will continue to clear the

easement area during missile launches, in accordance with the

provisions of the lease with the State of Hawaii.

Land Use

To protect land resources on Niihau, PMRF will work with the

landowner or Niihau residents to minimize operations that might exclude

residents from traditional fishing areas during the best times of day

or seasons.

Socioeconomics

To prevent potential negative socioeconomic impacts on Niihau, PMRF

will periodically review and strengthen the protection protocol to help

reduce construction and operational impacts, and provide cultural

sensitivity training to off-island personnel who may come into contact

with Niihau residents. To benefit the residents, the maximum feasible

number of Niihau residents will be employed.

Transportation

To prevent minor ongoing transportation impacts (access to Polihale

Park) expected as a result of implementation of the action within the

Restrictive Easement, PMRF will: (1) Issue advance warnings of closures

to citizens, (2) minimize closure times, and (3) reopen road access as

soon as possible. Such actions shall be taken in accordance with the

provisions of the state lease.

Visual and Aesthetic Resources

To protect visual resources at PMRF/Main Base and Niihau, PMRF will

maintain as much natural vegetation around existing launch pads and

newly constructed facilities as safety will allow. Emphasis will be

placed along the ocean side of the launch pads and newly constructed

facilities. To minimize impacts to visual resources at the Kamokala

Magazines, the storage magazines will be covered with earth material

except for entrance doors that will face the cliffs outside of public

view. Grass and other limited height vegetation will be allowed to grow

on the storage magazines to help reduce erosion. To minimize aesthetic

effects on Niihau, PMRF will use earth-toned paint on all structures.

Response to Comments Received Regarding the Final EIS

The Department of Navy received three comment letters on the Final

EIS, The U.S. Environmental Protection Agency (EPA) withdrew

environmental objections raised during comments on the Draft EIS upon

the removal of Term Island and Johnston Atoll from the sites under

consideration. The EPA further suggested that the Navy document, in the

Record of Decision, any mitigation measures it intends to implement.

This Record of Decision provides that documentation. Two comment

letters were received from individuals who disagreed with the

conclusions of the Final EIS. The subject of one of the letters was

outside the scope of the EIS. The other letter renewed comments that

had been made on the Draft EIS. The comments questioned analysis

techniques used in the Final EIS and expressed concerns about risk of

brush fires and U.S. treaty implications. Responses have been provided

in the Final EIS, and some are reflected in this Record of Decision.

Conclusions

On behalf of the Department of the Navy, I have selected the

Preferred Alternative of the PMRF EIS for implementation as set out in

this Record of Decision. In determining whether and how to enhance the

capabilities of the PMRF, I considered the following: existing assets

and capabilities of PMRF; the Navy and DOD operational, testing, and

training requirements; range improvements necessary to support PMRF as

a TBMD test site; environmental impacts; costs associated with

construction of facilities, the operation and maintenance of ships and

aircrafts, and training of personnel; and comments received during the

EIS process.

After carefully weighing all of these factors and analyzing the

data presented in the Final EIS, I have determined that the Preferred

Alternative best meets the requirements for the enhancement of the

capabilities at PMRF.

Dated: April 14, 1999.

Duncan Holaday,

Deputy Assistant Secretary of the Navy, Installations and Facilities.

[FR Doc. 99-10241 Filed 4-22-99; 8:45 am]

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