Record of Decision for the Disposal and Reuse of Naval Air Station Barbers Point, Oahu, HI

Federal RegisterJun 30, 1999

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DEPARTMENT OF DEFENSE

Department of the Navy

Record of Decision for the Disposal and Reuse of Naval Air

Station Barbers Point, Oahu, HI

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 C.F.R. Parts

1500-1508, hereby announces its decision to dispose of Naval Air

Station (NAS) Barbers Point, which is located on the island of Oahu in

Honolulu County, Hawaii.

Navy analyzed the impacts of the disposal and reuse of NAS Barbers

Point in an Environmental Impact Statement (EIS) as required by NEPA.

The EIS analyzed four reuse alternatives and identified the Naval Air

Station Barbers Point Community Redevelopment Plan dated March 1997

(Redevelopment Plan), described in the EIS as the State-Preferred

Alternative, as the Preferred Alternative. The State of Hawaii is the

Local Redevelopment Authority (LRA) for NAS Barbers Point. Department

of Defense Rule on Revitalizing Base Closure Communities and Community

Assistance (DoD Rule), 32 CFR 176.20(a).

The Preferred Alternative proposed a mix of aviation, residential,

educational, community service, light industrial, commercial, public,

park and recreational uses. These include a general aviation and

military airport, housing, a vocational training center, a

desalinization plant, an automobile race track complex, an

international sports center, a festival center, a marine park, a

baseball complex, and a field sports complex.

Navy intends to dispose of NAS Barbers Point in a manner that is

consistent with the Redevelopment Plan. Navy has determined that a

mixed land use will meet the goals of achieving local

economicredevelopment, 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 authority.

Background

Under the authority of the Defense Base Closure and Realignment Act

of 1990 (DBCRA), Public Law 101-510, 10 U.S.C. Sec. 2687 note (1994),

the 1993 Defense Base Closure and Realignment Commission recommended

the closure of Naval Air Station Barbers Point. This recommendation was

approved by President Clinton and accepted by the One Hundred Third

Congress in 1993. The base is scheduled to close on July 2, 1999.

[[Page 35133]]

Nearly all of the property associated with NAS Barbers Point is

located on the island of Oahu, about 16 miles west of downtown

Honolulu. This property covers 3,723 acres. Additionally, there are

three non-contiguous parcels that cover 100 acres: two small areas at

Iroquois Point on Pearl Harbor and Kaula Island located 55 miles from

the Hawaiian island of Kauai.

Navy controls an additional 110 acres near the main base by way of

easements for air operations. These easements impose restrictions on 20

acres of private property near the northwestern edge of the base and on

90 acres of private property near the southwest corner of the base.

Navy will transfer its interests in these easements to the underlying

property owners.

The 3,723-acre main base property is bounded on the north by the

City of Kapolei; on the east by the communities of Ewa Villages, Ewa

Gentry and Ewa Marina; on the south by the Pacific Ocean; and on the

west by Campbell Industrial Park and Kapolei Business Park. There are

three runways at NAS Barbers Point: two parallel 8,330-foot runways

(Runway 4L-22R and Runway 4R-22L) in a southwest-northeast alignment

and one 8,411-foot crosswind runway (Runway 11-29) in a northwest-

southeast alignment. There is a drainage channel on the western edge of

the base adjacent to Campbell Industrial Park that runs from north to

south. Navy owns the northern and southern parts of the drainage

channel, and the Estate of James Campbell owns the middle part of the

channel. The Estate also maintains easements on those parts owned by

Navy.

The Navy property at Iroquois Point on Pearl Harbor covers two

acres located about eight miles west of downtown Honolulu. This

property contains a community center and a retail store that are

situated in a military family housing area associated with Navy

activities at the Pearl Harbor Naval Complex. Kaula Island covers 108

acres and is located about 55 miles southwest of Navy's Pacific Missile

Range Facility on the island of Kauai.

The 1995 Defense Base Closure and Realignment Commission modified

the 1993 Commission's recommendation by directing Navy to retain

certain properties at NAS Barbers Point in support of military family

housing requirements on the Island of Oahu. The recommendation of the

1995 Commission was approved by President Clinton and accepted by the

One Hundred Fourth Congress in 1995.

Navy will retain the 1,090 housing units on the northern edge of

the base and 171 community support facilities throughout the base,

including the medical and dental clinic (Building 1829) in the center

of the base; the child development center (Building 1965) and the golf

course in the northeastern part of the base; White Plains Beach in the

southeast corner; Nimitz Beach on the southern edge of the base; the

landfill in the western part of the base; the two off-base parcels at

Iroquois Point; and Kaula Island. Navy made the remaining property

available for use by other Federal agencies.

During the Federal screening process, seven Federal agencies

requested interagency transfers of base closure property at NAS Barbers

Point. These included the Department of Veterans Affairs, the Federal

Aviation Administration (FAA), the United States Postal Service, the

Department of the Interior's United States Fish and Wildlife Service,

the United States Coast Guard, the National Guard Bureau (Hawaii Army

National guard), and the Department of the Army. Navy will transfer

about 464 acres at Barbers Point to six of these Federal agencies.

Navy will transfer about six acres in the center of the base to the

Department of Veterans Affairs for use in programs that serve veterans

on Oahu. These will include employment training classes and outpatient

substance abuse treatment. Buildings 34, 37, and 1772 will be used for

these programs.

Navy will transfer about 18 acres in the northeast corner of the

base to the Federal Aviation Administration. The FAA will continue to

operate a navigation aid there that serves Honolulu International

Airport and will maintain a radio frequency interference zone around

this navigation equipment.

Navy will transfer Building 3 and about one acre in the center of

the base to the United States Postal Service. The Postal Service will

continue to use this building as a post office.

Navy will transfer four non-contiguous parcels covering about 239

acres at Barbers Point to the United States Fish and Wildlife Service

to establish the Barbers Point Unit of the Pearl Harbor National

Wildlife Refuge. This refuge will protect Federally listed endangered

plant and bird species and migratory birds. These four parcels are

located in the eastern, southeastern, southern and southwestern parts

of the base.

The eastern parcel, covering 136 acres, contains the akoko shrub

(Chamaesyce skottsbergii var. skottsbergii), a Federally listed and

State-listed endangered plant. The southeastern parcel, covering nine

acres, contained Ordy Pond and provides habitat for several species of

migratory shorebirds protected under the Migratory Bird Treaty Act of

1918, 16 U.S.C. 703-712 (1994), and the Federally listed and State-

listed endangered Hawaiian stilt (Himantopus mexicanus knudseni). The

southern parcel, covering 45 acres, contains a coastal salt flat and

provides habitat for migratory shorebirds and the endangered Hawaiian

stilt. The southwestern parcel, covering 49 acres, contains a Federally

listed and State-listed endangered plant, the chaff flower shrub.

(Achyranthes splendens var. rotundata).

Navy will transfer about 44 acres in the southern part of the base

to the United States Coast Guard to permit the Coast Guard to continue

operating its Barbers Point Air Station. The Coast Guard operates C-130

Hercules aircraft and HH-65 helicopters that conduct search and rescue

operations in the Central Pacific Maritime Region.

Navy will transfer about 149 acres in the north-central part of the

base to the Hawaii Army National Guard. The Guard will use this

property for operational, maintenance and administrative activities,

its Youth Challenge Program, and as a parking apron for its CH-47

helicopters. Navy will also transfer to the Guard an additional seven

acres in this area where the fuel storage tanks are currently located.

The Guard will use this property as a storage area after the tanks are

removed.

The Department of the Army initially requested about 17 acres in

the southwestern part of the base to establish a soil and sludge

reclamation

[[Page 35134]]

facility but subsequently withdrew its request. The remaining 2,130

acres of property at NAS Barbers Point are surplus to the needs of the

Federal Government.

This Record of Decision addresses the disposal and reuse of these

2,130 acres, which contain about 209 buildings and structures that were

used for aviation operations, training, and related administrative

activities. The surplus property's undeveloped areas contain wetlands,

an endangered plant, and archaeological resources.

On August 31, 1998, the United States Department of the Interior

entered into a Memorandum of Agreement with the State of Hawaii

providing that about 623 of the 2.130 surplus acres in various parts of

NAS Barbars Point would be conveyed to the State through the Department

of the Interior under the authority of the Hawaiian Home Lands Recovery

Act (HHLRA), Public Law 104-42, 109 Stat. 357 (1995). This statute

authorized the conveyance of excess Federal land to settle claims

asserted by the State of Hawaii's Department of Hawaiian Home Lands

(DHHL) that certain Hawaiian home lands set aside by Congress in 1921

for homesteading by native Hawaiian had been diverted to Federal uses.

The conveyance process may require the withdrawal of this land from

surplus status and an interagency transfer from Navy to Interior for

subsequent conveyance by Interior to DHHL. Such an action would not

affect Navy's NEPA analysis, because DHHL's proposed uses of this

property are the same as those set forth in the Redevelopment Plan.

Thus, the environmental impacts described in the EIS would not change.

About 1,452 acres of surplus property will be conveyed by way of

various kinds of public benefit conveyances. Navy will assign 702 acres

in the center of the base to the State of Hawaii after approval by the

United States Department of Transportation for use as an airport. Navy

will assign nine acres north of the airfield to the United States

Department of Education for subsequent conveyance to the State of

Hawaii for use as an aviation training school. Navy will assign 42

acres in the southwest corner of the base to the United States

Department of Health and Human Services for subsequent conveyance to

the City and County of Honolulu for public health use as a seawater

desalinization plant. Navy will assign 13 acres in the northwestern

part of the base adjacent to the Navy-retained housing to the United

States Department of Education for subsequent conveyance to the State

of Hawaii for the continuing use of the Barbers Point Elementary

School. Navy will assign 686 acres in various locations throughout the

base to the United States Department of the Interior for subsequent

conveyance to the State of Hawaii and the City and County of Honolulu

for use as parks and recreational areas.

Of the remaining 55 acres, Navy will assign 13 acres in the center

of the base to the State of Hawaii after approval of a legally binding

agreement between the LRA and homeless assistance providers by the

United States Department of Housing and Urban Development for the

provision of homeless assistance services. About 42 acres consisting of

roads and parts of the drainage channel will be conveyed by negotiated

sales.

Navy published a Notice Of Intent in the Federal Register on March

26, 1997, announcing that Navy and the Federal Aviation Administration

as a cooperating agency would prepare an EIS for the disposal and reuse

of NAS Barbers Point. Navy held a public scoping meeting at the

Washington Intermediate School in Honolulu on April 16, 1997, and at

the base's Paradise West Club on April 17, 1997. The scoping period

concluded on June 19, 1997.

Navy distributed the Draft EIS (DEIS) to Federal, State, and local

governmental agencies, elected officials, community groups and

associations, and interested persons on August 28, 1998, 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. Navy held public hearings to receive comments on the DEIS at the

James Campbell Building in Kapolei on October 5, 1998, and at the

Washington Intermediate School in Honolulu on October 7, 1998.

Navy's responses to the public comments were incorporated in the

Final EIS (FEIS), which was distributed to the public on February 5,

1999, for a review period that concluded on March 8, 1999. Navy

received five 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.

In a letter to the Department of Defense's Office of Economic

Adjustment dated September 28, 1993, the State of Hawaii, acting as the

LRA, and the City and County of Honolulu jointly established the

Barbers Point Naval Air Station Reuse Committee. In Executive Order No.

94-98 dated December 2, 1994, the Governor of Hawaii, John Waihee,

established the Barbers Point Naval Air Station Redevelopment

Commission to prepare a redevelopment plan for the base. The

Redevelopment Commission solicited expressions of interest in the

property and received notices of interest from State, City, and County

agencies, private businesses, homeless assistance providers, and

nonprofit organizations. After the Redevelopment Commission evaluated

these notices of interest, it developed three reuse proposals: a Large

Airport Alternative, a Small Airport Alternative, and a ``No Airport''

Alternative.

In August 1996, the Redevelopment Commission solicited comments

concerning the three reuse proposals at four public hearings held in

various places on Oahu. In response to these comments, the

Redevelopment Commission developed a fourth alternative that adopted

parts of the Large and Small Airport Alternatives. During a public

hearing on September 17, 1996, the Redevelopment Commission solicited

comments concerning this composite alternative. On October 8, 1996, the

Commission adopted the composite alternative as its reuse plan and

approved the Naval Air Station Barbers Point Community Redevelopment

Plan. In a letter to the Redevelopment Commission dated December 23,

1996, Governor Benjamin Cayetano accepted the Redevelopment

Commission's recommendations with certain modifications.

On December 11, 1997, the Redevelopment Commission modified the

Redevelopment Plan by making additional property available for

residential and commercial uses and by changing the use of 65 acres

from homeless assistance services to residential purposes.

Additionally, the 5.7-acre parcel of land that contains Building 1 was

incorporated in the Redevelopment Plan and designated for commercial

and residential uses. In a memorandum to the Governor dated December

17, 1997, the Redevelopment Commission submitted Community

Redevelopment Plan Amendment 1 and on December 23, 1997, Governor

Cayetano approved this amendment by endorsing the memorandum dated

December 17, 1997.

[[Page 35135]]

On December 10, 1998, the Redevelopment Commission modified the

Redevelopment Plan a second time by changing the use of five acres in

the center of the base from a public facility to a park and by making

minor changes to the proposed roadway system. In a memorandum received

by the State of Hawaii on February 5, 1999, the Redevelopment

Commission submitted Community Redevelopment Plan Amendment 2 to

Governor Cayetano. On March 17, 1999, Governor Cayetano approved this

amendment by endorsing the memorandum received on February 5, 1999.

The Redevelopment Plan, identified in the FEIS as the Preferred

Alternative, proposed a mix of land uses. The Preferred Alternative

would use the runways, hangars, and related maintenance buildings,

covering 702 acres, as an airport that would serve civilian general

aviation and aviation operations of the Coast Guard and the Hawaii Army

National Guard. This Alternative would use 165 acres for residential

purposes; 515 acres for light industrial activities; 33 acres for

educational and public facilities; 686 acres for parks and recreational

activities; and 29 acres for roads, open space, and utilities. It will

be necessary to make extensive utility infrastructure and roadway

improvements to support the Redevelopment Plan's proposed development

of property at Barbers Point.

In the center of the base, the Preferred Alternative proposed to

use 702 acres as an airport serving civilian general aviation and

aviation operations of the Coast Guard and the Hawaii Army National

Guard. The Preferred Alternative would use parts of the two parallel

southwest-northeast 8,300-foot runways, i.e., 4,500 feet of runway 4L-

22R and 8,000 feet of runway 4R-22L. The 4,500-foot runway would be

used for civilian general aviation operations. The 8,000-foot runway

would be used for civilian general aviation and military air

operations. It would also provide commercial airliners bound for or

departing from Honolulu International Airport with an alternate landing

site. This Alternative would use 6,000 feet of the northwest-southwest

8,411-foot crosswind runway (runway 11-29) for civilian general

aviation and military air operations.

The new airport at Barbers Point would improve the mix of general

aviation and commercial aircraft at Honolulu International Airport by

diverting some general aviation operations to Barbers Point. By the

year 2020, the new airport at Barbers Point would serve about 60

percent (78,000) of the small single-engine and light twin-engine

propeller aircraft operations that would otherwise use Honolulu

International Airport. It would also serve about 50 percent (27,900) of

those kinds of aircraft operations that would otherwise use Dillingham

Airfield, a general aviation facility on Oahu's north shore, and 62,700

general aviation training operations that previously used the Auxiliary

Landing Field at Ford Island in Pearl Harbor. These diverted operations

would amount to about 168,600 general aviation operations in the year

2020 on Oahu.

In the year 2020, the new airport at Barbers Point would

accommodate about 203,600 air operations per year. These operations

would be composed of the 168,600 general aviation operations diverted

from Honolulu, Dillingham and Ford Island; about 13,100 Coast Guard and

Hawaii Army National Guard operations; and about 21,900 general

aviation operations that would be generated each year by the

Redevelopment Plan's proposed aviation training school.

North of the airfield, the Preferred Alternative would use 14 acres

for residential purposes, 13 acres for homeless assistance services,

six acres for commercial activities, seven acres for recreational

activities, and 13 acres for educational facilities. Just south of this

area, the Preferred Alternative would dedicate seven acres for use as

public facilities such as an aviation training school.

In the northeastern part of the base, the Preferred Alternative

would use about 346 acres adjacent to the FAA navigation aid for

commercial and recreational activities. This Alternative would build an

international sports center here for athletic training programs,

competitive events, in-transit athlete services, and related

activities. The Preferred Alternative would also build a baseball

complex, a field sports complex, and a festival center in this area.

In the southeastern and southern parts of the base, the Preferred

Alternative would use about 516 acres for commercial and recreational

activities. This Alternative would develop the area along the shoreline

to provide a regional park, facilities for launching canoes and boats

with related amenities, camping grounds, athletic fields, and open

space. The Preferred Alternative would redevelop the inland area north

of the regional park as a marine park. It would also establish a

heritage park west of the marine park to preserve inland areas that

contain significant archaeological resources.

In the southwestern part of the base, the Preferred Alternative

would build an automobile race track complex on about 161 acres between

the western ends of the crosswind runway, Runway 11-29, and one of the

parallel runways, Runway 4R-22L. On 42 acres in the southwest corner of

the base, across the drainage channel, this Alternative would build a

seawater desalinization plant.

In the northwest corner of the base, the Preferred Alternative

proposed to use 138 acres south and west of the Navy-retained housing

for residential purposes and 13 acres in the northwestern part of the

Navy housing area for continuing use of the Barbers Point Elementary

School. This Alternative would build light industrial facilities on 123

acres south and west of this residential area

It would be necessary to make roadway improvements to implement the

Redevelopment Plan. These improvements would link the new development

to the surrounding communities of Kapolei and Ewa Marina.

Navy analyzed a second ``action'' alternative, described in the

FEIS as the Large Airport Alternative. In the center of the base, the

Large Airport Alternative proposed to use 961 acres as an airport that

would serve civilian general aviation, the Coast Guard, and the Hawaii

Army National Guard. This Alternative would use the entire lengths of

the existing parallel and crosswind runways and would support the same

volume and kinds of operations as the Preferred Alternative. All three

runways would be available as alternative landing sites for commercial

airliners.

North of the airfield, the Large Airport Alternative proposed

residences, homeless assistance services, commercial facilities,

recreational activities, and educational facilities. The locations and

configurations would be the same as in the Preferred Alternative.

In the northeastern part of the base, the Large Airport Alternative

proposed a mix of residential, commercial, and light industrial uses.

This Alternative would provide a residential area outside the perimeter

of the FAA navigation aid. It would build light industrial facilities

south and west of this residential area. The property west of the

residential area adjacent to the FAA navigation aid would also be used

for a State correctional facility.

In the southeastern and southern parts of the base, this

Alternative proposed to redevelop the area along the shoreline for use

as a regional part and beach with camping grounds. Under this

Alternative, recreational and athletic

[[Page 35136]]

fields would be built north and inland of the shoreline facilities. It

would also build a marine park west of the regional park, a heritage

park north of the marine park, and an amphitheater north of the

regional park and east of the heritage park.

In the southwestern part of the base, between the western ends of

the crosswind runway (Runway 11-29) and one of the parallel runways

(Runway 4L-22R), the Large Airport Alternative would build an

automobile race track complex. On 42 acres in the southwest corner of

the base, across the drainage channel, this Alternative would build a

seawater desalinization plant.

In the northwest corner of the base, the Large Airport Alternative

would use the property adjacent to the Navy-retained housing for

residential purposes and would continue to use the Barbers Point

Elementary School. This Alternative would build light industrial

facilities in the areas south and west of this residential area.

Navy analyzed a third ``action'' alternative described in the FEIS

as the Small Airport Alternative. In the center of the base, the Small

Airport Alternative proposed to use 701 acres as an airport that would

serve civilian general aviation, the Coast Guard, and the Hawaii Army

National Guard. This Alternative would use parts of the two parallel

8,330-foot runways, i.e., 8,000 feet of Runway 4L-22R and 3,700 feet of

Runway 4R/22L. The 8,000-foot runway would provide an alternative

landing site for commercial airlines. The 3,700-foot runway would be

used for civilian general aviation operations. This Alternative would

not operate the crosswind runway. It would provide airport facilities

to accommodate the same kinds and volume of air operations proposed by

the Preferred Alternative and the Large Airport Alternative.

North of the airfield, the Small Airport Alternative proposed

residences, homeless assistance services, commercial activities,

recreational activities, and educational facilities. The locations and

configurations would be the same as in the Preferred Alternative.

In the northeastern part of the base adjacent to the FAA navigation

aid, the Small Airport Alternative proposed to build an international

sports center, a baseball complex, a field sports complex, a festival

center, and fairgrounds.

In the southeastern and southern parts of the base, the Small

Airport Alternative would redevelop the area along the shoreline for

use as a recreational beach with a picnic area and camping grounds.

Under this Alternative, a marine park, a rowing regatta facility, and

recreational and athletic fields would be built north and inland of the

shoreline facilities. This Alternative would develop the inland area

west and northwest of the marine park for use as an amphitheater and as

a heritage park. It would build athletic fields north of the marine

park, adjacent to the eastern parcel of the Pearl Harbor National

Wildlife Refuge's Barbers Point Unit.

In the southwestern part of the base, the Small Airport Alternative

proposed to use 10 acres west of the Coast Guard property to train fire

fighters. This Alternative would use 42 acres at the southwest corner

of the base, across the drainage channel, for a seawater desalinization

plant and for light industrial facilities. Unlike the Preferred

Alternative, the Small Airport Alternative would not build an

automobile race track complex.

In the northwest corner of the base, the Small Airport Alternative

proposed to use property adjacent to the Navy-retained housing for

residential purposes and to continue using the Barbers Point Elementary

School. The areas south and west of this residential area would be used

to build light industrial facilities. The area north of the Navy-

related landfill could be used for a State correctional facility.

Navy analyzed a fourth ``action'' alternative described in the FEIS

as the ``No Airport'' Alternative. In the ``No Airport'' Alternative,

the acquiring entity would direct and market the redevelopment of NAS

Barbers Point for non-aviation uses. All of the aviation facilities on

the surplus property would be modified to serve non-aviation purposes

or would be demolished. Thus, it would be necessary for the Coast Guard

to move its fixed wing and rotary air operations to another site on the

island of Oahu. The Hawaii Army National Guard could operate its

helicopters on the property previously occupied by the Coast Guard.

In the center of the base, the ``No Airport'' Alternative proposed

to build recreational facilities. These facilities would include an

international sports center and a baseball complex. North of the

baseball complex, the ``No Airport'' Alternative proposed residences,

homeless assistance services, commercial facilities, recreational

activities, and educational facilities. The locations and

configurations would be the same as in the Preferred Alternative.

In the northeastern part of the base, the ``No Airport''

Alternative would use the property adjacent to the FAA navigation aid

for residential and recreational purposes. This Alternative would build

residential units, a festival center, fairgrounds, a marine park and an

amphitheater in this area.

In the southeastern part of the base, the ``No Airport''

Alternative proposed parks, commercial and recreational uses. This

Alternative would build a rowing regatta facility, a recreational

beach, camping grounds and athletic fields. North and inland of the

shoreline facilities, this Alternative would build a heritage park and

additional athletic fields.

In the southwestern part of the base, the ``No Airport''

Alternative would use the property for commercial and light industrial

activities. These could include an automobile race track complex, an

electric power plant, and a State correctional facility. It would build

a fire fighter training facility on the same 42-acre parcel in the

southwest corner of the base, across the drainage channel, where the

Preferred Alternative would build a seawater desalinization plant.

In the western part of the base south of the Navy-retained housing,

the ``No Airport'' Alternative proposed to build recreational

facilities. This Alternative also proposed to continue using the

Barbers Point Elementary School in the northwestern part of the base.

Environmental Impacts

Navy analyzed the direct, indirect, and cumulative impacts of the

disposal and reuse of this surplus Federal property. The FEIS addressed

the impacts of the Preferred Alternative, the Large Airport

Alternative, the Small Airport Alternative, the ``No Airport''

Alternative, and the ``No Action'' Alternative for each alternative's

effects on geology, topography and soils, groundwater quality, surface

water quality, air quality, noise, visual resources, transportation,

biological resources, cultural resources, public health and safety,

public services, socioeconomics (including population, employment,

income, housing, recreation, and environmental justice), and

infrastructure, including potable water, non-potable water, wastewater,

drainage, electricity, solid waste, and communications. This Record Of

Decision focuses on the impacts that would likely result from

implementation of the Redevelopment Plan, identified in the FEIS as the

Preferred Alternative.

The Preferred Alternative would not have any significant impact on

soils and would not have any impact on local or regional geological

resources or topography. The soil at Barbers Point is not susceptible

to erosion because it is shallow and highly permeable.

[[Page 35137]]

Disturbances to soils such as compaction, rutting, and erosion would be

limited to the particular areas that would be redeveloped. These

impacts would be temporary and can be minimized during construction by

the use of standard soil erosion and sedimentation control measures

such as the use of hay bales and silt fences.

The Preferred Alternative would not have any significant impact on

the availability or quality of groundwater. The groundwater at NAS

Barbers Point is brackish and not suitable for public consumption or

irrigation without desalinization. Airport operations and light

industrial activities would not affect the groundwater, because

operational controls such as containment of chemical and fuel storage

areas as well as maintenance activities would be imposed. These

controls are specified in existing laws and regulations governing

industrial and construction-related runoff.

The Preferred Alternative would not have a significant impact on

surface waters. The Pacific Ocean, Ordy Pond, the coastal salt flat,

and the seasonal wetland would not be significantly affected by

construction activities if standard soil erosion and sedimentation

control measures required by existing laws and regulations were

implemented.

Stormwater discharge from new light industrial activities,

roadways, parking areas, and routine operations and maintenance in

developed areas (such as the application of herbicides and pesticides)

could have adverse impacts on surface water quality. In accordance with

Federal, State, and local laws and regulations, the acquiring entities

will implement stormwater management practices to minimize these

potential impacts. There could also be significant cumulative impacts

on surface water quality arising out of the regional drainage from

surrounding communities.

The Preferred Alternative would not have any significant impact on

air quality. Compliance with regulatory requirements that control

emissions such as the Clean Air Act, 42 U.S.C. Sec. 7401-7671q (1994),

and the Hawaii Administrative Rules, Chapter 11-60.1, Air Pollution

Control, would prevent significant impacts from stationary sources.

Additionally, there would not be any significant regional or local

impact on air quality from mobile sources if the roadway improvements

described in the FEIS were implemented. Finally, emissions from

aircraft operations would be substantially less than when the Naval Air

Station was operating.

The Preferred Alternative would not have any significant impact on

noise. Exposure to noise from aircraft operations would be

substantially less than when the Naval Air Station was operating. This

decrease results from the significant reduction in annual jet aircraft

operations proposed under the Preferred Alternative. Additionally,

aircraft noise levels would not exceed the State of Hawaii's standards

for airport operations that affect residential areas.

During reuse there would be an increase in ambient noise levels

arising out of the non-aviation activities. These activities, however,

must comply with the Hawaii Administrative Rules, Chapter 11-46,

Community Noise Control. Moreover, in accordance with Chapter 343 of

the Hawaii Revised Statutes (1996), redevelopment projects would be

evaluated in either an environmental assessment or an environmental

impact statement before development could begin.

The Preferred Alternative would not have any significant impact on

visual resources. The development of shoreline parks would increase

public access to the coastal area and would not obstruct views of the

Pacific Ocean and coastal landmarks from inland areas.

The Preferred Alternative would not have any significant impact on

transportation except when special events were held. By the year 2020,

this Alternative would generate about 49,1000 average daily trips

compared with 27,300 average daily trips that were associated with

Navy's use of the property. With the roadway improvements described in

the FEIS, this increase in daily traffic could be accommodated.

However, traffic generated by events at the automobile race trace

complex and at the festival center would have significant impacts even

if traffic control measures and parking plans were implemented.

The Preferred Alternative would not have any significant impact on

biological resources. Navy held informal consultations with the United

States Fish and Wildlife Service and the National Marine Fisheries

Service under Section 7 of the Endangered Species Act of 1973 (ESA), 16

U.S.C. 1536 (1994). In a letter dated December 1, 1998, the Fish and

Wildlife Service concurred with Navy's determination that the disposal

and reuse of NAS Barbers Point is not likely to adversely affect the

one Federally listed endangered plant there, the akoko shrub

(Chamaesyce skottsbergii var. skottsbergii). The Service's concurrence

was based upon Navy's assurance that the conveyance of property to the

State of Hawaii and the City and County of Honolulu on which the akoko

is known to exist will be made through the Department of the Interior.

Navy will inform Interior about its responsibility under Section 7 of

ESA to consult with the Service regarding the potential effects on the

akoko of conveying the property to the State and City and County of

Honolulu.

The Preferred Alternative could have construction-related impacts

on coastal waters where the Federally listed and State-listed

threatened green sea turtle (Chelonia mydas) is found. Impacts from

surface water runoff generated by construction can be avoided or

reduced by the use of stormwater control measures required by existing

laws and regulations. In a letter dated November 25, 1998, the National

Marine Fisheries Service concurred with Navy's determination that the

disposal and reuse of NAS Barbers Point is not likely to adversely

affect Federally listed species or critical habitat unless changes or

improvements associated with reuse increase the amount of stormwater

runoff. Thus, increases in stormwater runoff generated by activities

under the Preferred Alternative could require the acquiring entities to

build stormwater disposal facilities.

The Preferred Alternative would not have any significant impact on

cultural resources. Pursuant to Section 106 of the National Historic

Preservation Act of 1966 (NHPA), 16 U.S.C. 470f (1994), Navy conducted

a cultural resource assessment and determined that 62 archaeological

sites and 64 structures are eligible for listing on the National

Register of Historic Places. The archaeological sites and historic

structures will be protected by covenants in the deeds conveying the

property. These covenants will require prior written approval from the

State Historic Preservation Officer (SHPO) before any action may be

taken that would affect those properties.

In addition, Hawaii's historic preservation program, set forth in

Hawaii Revised Statutes, Chapter 6E, requires a consultative process by

State and City agencies with the SHPO similar to that prescribed by

Section 106 of the NHPA for Federal agencies. The State Historic

Preservation Officer and the Advisory Council on Historic Preservation,

in letters dated December 18, 1998 and January 11, 1999, respectively,

concurred with Navy's determination that the disposal and reuse of NAS

Barbers Point would not have an adverse effect on the archaeological

sites and historic structures if the conveyance documents incorporate

protective covenants.

[[Page 35138]]

The Preferred Alternative would not have any significant impact on

public health and safety. Implementation of this Alternative would not

have any significant impact on existing environmental contamination at

NAS Barbers Point. Navy will inform future property owners about the

environmental condition of the property and may, where 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.

In the northwestern part of the base, near Campbell Industrial

Park, the Preferred Alternative proposed to build residential units.

The operations of the Industrial Park would not pose a significant

health and safety risk to residents of this area. However, in the

unlikely event of a catastrophic incident at Campbell Industrial Park,

such as the release of large quantities of toxic contaminants or

flammable material, there could be a significant impact on public

health and safety. In a letter to the State of Hawaii's Department of

Business, Economic Development and Tourism dated December 20, 1996, the

State's Department of Health discouraged planners from locating

residential units near Campbell Industrial Park.

The proposed airport operations must conform to Federal Aviation

Administration safety standards and design criteria that require

adequate safety measures to protect people and property. The proposed

air operations would not adversely affect public health and safety.

The Preferred Alternative would not have any significant impact on

most public services. Existing police, fire and health care services

are sufficient to accommodate the proposed reuse. However, under the

Preferred Alternative, the number of elementary school students would

nearly double and there would be smaller increases of intermediate and

high school students. The acquiring entities can mitigate this

significant impact by increasing the capacity of Barbers Point

Elementary School; by building an additional elementary school; and by

redistricting and reallocating student populations. These measures

would also mitigate the cumulative impacts on education arising out of

new residential development planned for the nearby Ewa area of Oahu.

The Preferred Alternative would have significant beneficial

socioeconomic impacts. The proposed redevelopment would increase

employment and provide additional recreational opportunities and

housing. The Preferred Alternative would create 3,600 direct jobs and

3,400 indirect jobs that would generate about $197 Million in direct

and indirect income. The additional parks and recreational areas would

be made available to the public. The proposed residential areas would

increase the amount of affordable housing on the island.

The Preferred Alternative would generate a 4,000-person increase in

the local population. However, since this increase would represent less

than two percent of this area's population, it would not cause any

adverse effects.

The Preferred Alternative would not have any significant impact on

potable water, non-potable water, wastewater, solid waste, electricity,

and communications. Oahu's capacity for these services is adequate to

support the Redevelopment Plan.

The Preferred Alternative would not have any significant impact on

stormwater drainage. Increases in stormwater runoff could result from

the construction of additional impervious surfaces. The acquiring

entities can mitigate this impact by building stormwater disposal

facilities or a drainage system of pipes that would carry stormwater to

the ocean.

Navy analyzed the Redevelopment Plan's proposed regional drainage

channel in the FEIS and concluded that additional studies and comments

from affected parties would be required to resolve the regional

drainage issue. The drainage channel proposed in the Preferred

Alternative would redirect off-base stormwater runoff to the base

property. This drainage channel has not been formally considered or

approved by Navy, the City and County of Honolulu, or affected Ewa

landowners. Directing off-base runoff to the base, as proposed in the

Preferred Alternative, may restrict certain proposed reuse activities

and adversely affect military activities on property retained by Navy.

These restrictions could reduce the amount of property designated for

residential, commercial, and light industrial purposes. Additionally,

if upstream contaminants were carried in the stormwater runoff to Navy-

owned property, responsibility for remediation could become an issue.

These impacts could be avoided by allowing runoff from the upstream

area to follow its natural drainage pattern and flow down to the Ewa

Marina area, rather than by redirecting the flow as proposed in the

Preferred Alternative.

Executive Order 12898, Federal Actions to address Environmental

Justice in Minority Populations and Low-Income Populations, 3 C.F.R.

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 NAS Barbers Point and subsequent reuse of the property

under the various proposed alternatives. Minority and low-income

populations residing within the region will not be disproportionately

affected. Indeed, the employment opportunities, housing and public

services created by implementing the Preferred Alternative 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 impose any

disproportionate environmental health or safety risks on children.

However, in the unlikely event of a catastrophic incident at Campbell

Industrial Park, such as the release of large quantities of toxic

contaminants or flammable material, there could be disproportionate

health and safety risks to children living in the nearby residential

area.

Mitigation

Implementation of Navy's decision to dispose of NAS Barbers Point

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 the impacts associated with the reuse and

redevelopment of Naval Air Station Barbers Point. 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.

Comments Received on the Final EIS

Navy received comments on the Final EIS from the United States

Coast Guard, the State Historic Preservation Officer, the City and

County of Honolulu Fire Department, the Barbers Point Naval Air Station

Redevelopment Commission,

[[Page 35139]]

and one individual. These comments concerned issues already discussed

in the FEIS and do not require further clarification.

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, Pub. L. 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 Services 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 conveyances (FPMR Sec. 101-47.303-2); by negotiated sale (FPMR

Sec. 101-47.304-9); and by competitive sale (FPMR Sec. 101-47.304-7).

Additionally, in Section 2905(b)(4), the DBCRA established economic

development conveyance as a means of disposing of surplus base closure

property. The selection of any particular method of conveyance merely

implements the Federal agency's decision to dispose of the property.

Decisions concerning whether to undertake a public benefit conveyance

or an economic development conveyance, or to sell property by

negotiation or by competitive bid, are 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 NAS Barbers Point, reflected in the

Redevelopment Plan, is consistent with the prescriptions of the FPMR

and Section 174.4 of the DoD Rule. The LRA has determined in its

Redevelopment Plan that the property should be used for various

purposes including aviation, residential, community, industrial,

commercial, public, park and recreational uses. 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 Preferred Alternative responds to local economic conditions,

promotes rapid economic recovery from the impact of the Naval Air

Station's closure, 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 Barbers Point

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

[[Page 35140]]

or minimize environmental harm that may result from implementing the

Redevelopment Plan.

Accordingly, Navy will dispose of the surplus Federal property at

Naval Air Station Barbers Point in a manner that is consistent with the

State of Hawaii's Redevelopment Plan for the property.

Dated: June 17, 1999.

William J. Cassidy, Jr.,

Deputy Assistant Secretary of the Navy (Conversion And Redevelopment).

Dated: June 25, 1999.

Ralph W. Corey,

CDR, JAGC, USN, Alternate Federal Register Liaison Officer.

[FR Doc. 99-16691 Filed 6-29-99; 8:45 am]

BILLING CODE 3810-FF-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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