127 Peach Street Cape Charles, Virginia 23310 Phone: 757.408.0023 Fax: 866.783.5282 1 November 13, 2017 Ms. Valerie Fulcher, Executive Secretary Senior Office of Environmental Impact Review P.O. Box 1105 Richmond, VA 23218 RE: Coastal Zone Management Act (CZMA) Consistency Determination Armed Forces Experimental Training Activity (AFETA) Camp Peary Building 1106 Reconstruction Dear Ms. Fulcher: This document provides the Commonwealth of Virginia with the Armed Forces Experimental Training Activity (AFETA) Camp Peary Consistency Determination under CZMA section 307(c)(1) [or (2)] and 15 CFR Part 930, subpart C, for the Building 1106 Reconstruction located on AFETA Camp Peary in Williamsburg, Virginia. The information in this Consistency Determination is provided pursuant to 15 CFR §930.39. The principal function of AFETA Camp Peary is to serve as a diverse training and exercise facility to the Department of Defense. As part of the installation’s overall mission needs, AFETA Camp Peary is evaluating the reconstruction of an existing dormitory facility, now identified as Building 1106, to provide additional transient housing facilities to support the training operations on the installation. Currently, there are limited or outdated facilities on the installation capable of providing the necessary transient housing. The proposed project will occupy approximately 60,872 square feet (1.40 Acres) (Figure 1. Project Location Map) and the design will include a reconstruction of the existing slab on grade one-story building with partial basement to a new 10,793 square feet one-story building including a mezzanine to provide for private guest rooms, bathrooms, lounges and meeting rooms, and required support facilities. A portion of the existing building is in crawl space foundation and in-fill will be required for the proposed construction to be slab-on-grade. The newly reconstructed facility will also require water, sewer, and electrical upgrades to support the new design; however, all utility connections are currently available for the site. The reconstructed dormitory facility design will also include repaving and striping of the existing parking lot to accommodate for 27 vehicle spaces. All remodeling and construction activities will be compatible with current AFETA Camp Peary Design Standards within the existing building site location. In addition, the project construction will include all required stormwater improvements in compliance with all requirements and regulations as stated in the Virginia Stormwater Management Program (VSMP). AFETA Camp Peary evaluated the environmental and cultural resources related to the Building 1106 Reconstruction and documented the findings in the Record of Categorical Exclusion (CATEX) for the Building 1106 Reconstruction signed on November 9, 2017. The referenced CATEX was prepared pursuant to the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (40 CFR Part 1500-1508), Section 102(2) (c) of the NEPA of 1969, Camp Peary NEPA Memorandum, dated 22 January 2002 Operation Naval Instruction (OPNAVINST) 5090.1B (Chapter 2) and Environmental and Natural Resources Program Manual, September 9, 1999. The following provides the Commonwealth of Virginia with the necessary data and information under the Coastal Zone Management Act (CZMA) Section 307(c)(1) and (2), 16 U.S.C § 1456(c)(1) and (2), and 15 C.F.R. Part 930(C), for concurrence that the AFETA Camp Peary Construction of Building 1106 Reconstruction project complies with the enforceable policies of the Virginia Coastal Zone Management Program (VCP) to the greatest extent practicable.
Transcript
127 Peach Street Cape Charles, Virginia 23310
Phone: 757.408.0023
Fax: 866.783.5282
1
November 13, 2017 Ms. Valerie Fulcher, Executive Secretary Senior Office of Environmental Impact Review P.O. Box 1105 Richmond, VA 23218 RE: Coastal Zone Management Act (CZMA) Consistency Determination
Armed Forces Experimental Training Activity (AFETA) Camp Peary Building 1106 Reconstruction
Dear Ms. Fulcher: This document provides the Commonwealth of Virginia with the Armed Forces Experimental Training Activity (AFETA) Camp Peary Consistency Determination under CZMA section 307(c)(1) [or (2)] and 15 CFR Part 930, subpart C, for the Building 1106 Reconstruction located on AFETA Camp Peary in Williamsburg, Virginia. The information in this Consistency Determination is provided pursuant to 15 CFR §930.39. The principal function of AFETA Camp Peary is to serve as a diverse training and exercise facility to the Department of Defense. As part of the installation’s overall mission needs, AFETA Camp Peary is evaluating the reconstruction of an existing dormitory facility, now identified as Building 1106, to provide additional transient housing facilities to support the training operations on the installation. Currently, there are limited or outdated facilities on the installation capable of providing the necessary transient housing. The proposed project will occupy approximately 60,872 square feet (1.40 Acres) (Figure 1. Project Location Map) and the design will include a reconstruction of the existing slab on grade one-story building with partial basement to a new 10,793 square feet one-story building including a mezzanine to provide for private guest rooms, bathrooms, lounges and meeting rooms, and required support facilities. A portion of the existing building is in crawl space foundation and in-fill will be required for the proposed construction to be slab-on-grade. The newly reconstructed facility will also require water, sewer, and electrical upgrades to support the new design; however, all utility connections are currently available for the site. The reconstructed dormitory facility design will also include repaving and striping of the existing parking lot to accommodate for 27 vehicle spaces. All remodeling and construction activities will be compatible with current AFETA Camp Peary Design Standards within the existing building site location. In addition, the project construction will include all required stormwater improvements in compliance with all requirements and regulations as stated in the Virginia Stormwater Management Program (VSMP). AFETA Camp Peary evaluated the environmental and cultural resources related to the Building 1106 Reconstruction and documented the findings in the Record of Categorical Exclusion (CATEX) for the Building 1106 Reconstruction signed on November 9, 2017. The referenced CATEX was prepared pursuant to the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (40 CFR Part 1500-1508), Section 102(2) (c) of the NEPA of 1969, Camp Peary NEPA Memorandum, dated 22 January 2002 Operation Naval Instruction (OPNAVINST) 5090.1B (Chapter 2) and Environmental and Natural Resources Program Manual, September 9, 1999. The following provides the Commonwealth of Virginia with the necessary data and information under the Coastal Zone Management Act (CZMA) Section 307(c)(1) and (2), 16 U.S.C § 1456(c)(1) and (2), and 15 C.F.R. Part 930(C), for concurrence that the AFETA Camp Peary Construction of Building 1106 Reconstruction project complies with the enforceable policies of the Virginia Coastal Zone Management Program (VCP) to the greatest extent practicable.
2
The Project Plans are included in the Appendix for complete design details.
ENFORCEABLE POLICIES COMPRISING VIRGINIA’S COASTAL ZONE MANAGEMENT PROGRAM
1.! Fisheries Management. The program stresses the conservation and enhancement of finfish and shellfish
resources and the promotion of commercial and recreational fisheries to maximize food production and recreational opportunities. This program is administered by the Virginia Marine Resources Commission (VMRC) (Virginia Code §28.2-200 through §28.2-713) and the Department of Game and Inland Fisheries (DGIF) (Virginia Code §29.1-100 through §29.1-570). The VMRC, DGIF and Virginia Department of Agriculture and Consumer Services (VDACS) share enforcement responsibilities for the State Tributyltin (TBT) Regulatory Program (Virginia Code §3.1-249.59 through §3.1-249.62). This program monitors boating activities and boat painting activities to ensure compliance with TBT regulations.
The project site is located adjacent to Carter Creek, a tributary of the York River. The section of the York River along the installation has been confirmed as an Anadromous Fish Use Area and Essential Fish Habitat has been identified in the York River in the vicinity of AFETA Camp Peary. No public Baylor grounds have been mapped within or directly adjacent to the installation; however, private oyster leases are adjacent to the installation in the York River. The Proposed Action will not negatively impact fisheries management or other aquatic resources as the project is contained in uplands and the existing forested buffer will not be impacted. Boat painting activities are not included as part of the Proposed Action, and as such, the Proposed Action would be in compliance with TBT regulations. 2.! Subaqueous Lands Management. The management program for subaqueous lands establishes
conditions for granting or denying permits to use state-owned bottomlands based on considerations of potential effects on marine and fisheries resources, wetlands, adjacent or nearby properties, anticipated public and private benefits, and water quality standards established by Department of Environmental Quality (DEQ) Water Division. The program is administered by the VMRC (Virginia Code §28.2-1200 through §28.2-1213).
The Proposed Action does not impact subaqueous lands as the project is located entirely above Mean Low Water. No impacts to US Waters or wetlands will be required as part of this project. 3.! Wetlands Management. The purpose of the wetlands management program is to preserve tidal
wetlands, prevent their despoliation, and accommodate economic development in a manner consistent with wetlands preservation. The tidal wetlands program is administered by the VMRC (Virginia Code §28.2-1301 through §28.2-1320). The Virginia Water Protection Permit program administered by the DEQ includes protection of wetlands --both tidal and non-tidal. This program is authorized by Virginia Code §62.1-44.15.5 and the Water Quality Certification requirements of §401 of the Clean Water Act of 1972.
The Proposed Action will not impact US Waters or wetlands as part of this project.
4.! Dunes Management. Dune protection is carried out pursuant to the Coastal Primary Sand Dune Protection Act and is intended to prevent destruction or alteration of primary dunes. This program is administered by the Marine Resources Commission (Virginia Code §28.2-1400 through §28.2-1420).
There are no dunes located at or near the project site; therefore, the Proposed Action will not have an impact on dune resources. 5.! Non-point Source Pollution Control. Virginia's Erosion and Sediment Control Law requires soil
disturbing projects to be designed to reduce soil erosion and to decrease inputs of chemical nutrients and sediments to the Chesapeake Bay, its tributaries, and other rivers and waters of the Commonwealth. This program is administered by the Department of Conservation and Recreation (DCR) (Virginia Code §10.1-560 et seq.).
The Proposed Action will follow all requirements and regulations as stated in the Virginia Stormwater Management Program (VSMP). All ground disturbing activities will use appropriate erosion and sediment
4
controls throughout the duration of a project in accordance with Virginia State law. Therefore, the Proposed Action will be consistent with non-point source pollution control. 6.! Point Source Pollution Control. The point source program is administered by the State Water Control
Board pursuant to Virginia Code §62.1-44.15. Point source pollution control is accomplished through the implementation of the National Pollutant Discharge Elimination System (NPDES) permit program established pursuant to §402 of the federal Clean Water Act and administered in Virginia as the VPDES permit program. The Water Quality Certification requirements of §401 of the Clean Water Act of 1972 is administered under the Virginia Water Protection Permit program.
The Proposed Action is not expected to produce any point source pollution or discharge of hazardous materials or petroleum products. All remodeling and construction activities will be compatible with current AFETA Camp Peary Design Standards within the existing building site location. In addition, the project construction will include all required stormwater improvements in compliance with all requirements and regulations as stated in the Virginia Stormwater Management Program (VSMP). All necessary permits for the project will be obtained from the appropriate agencies prior to commencement of the project.
7.! Shoreline Sanitation. The purpose of this program is to regulate the installation of septic tanks, set
standards concerning soil types suitable for septic tanks, and specify minimum distances that tanks must be placed away from streams, rivers, and other waters of the Commonwealth. This program is administered by the Department of Health (Virginia Code §32.1-164 through §32.1-165).
The Proposed Action does not involve the construction of any septic systems. Therefore, the project will not affect shoreline sanitation. 8.! Air Pollution Control. The program implements the Federal Clean Air Act to provide a legally
enforceable State Implementation Plan for the attainment and maintenance of the National Ambient Air Quality Standards. This program is administered by the State Air Pollution Control Board (Virginia Code §10.1-1300 through 10.1-1320).
The proposed project will result in a temporary increase in air emissions consisting of engine exhaust from equipment operation for construction of the project, as well as a temporary increase in vehicular traffic to and from the site. The area is currently listed as a maintenance area for the 8-hr standard for ozone, and an emission control area for volatile organic compounds. However, no significant increase in emissions, relative to the surrounding area, is expected either during construction or upon completion of the project. There will be no open burning or fugitive dust emissions from the proposed project. No indirect or cumulative impacts to air quality are expected. 9.! Coastal Lands Management. A state-local cooperative program administered by the DCR's Division of
Stormwater Management – Local Implementation (previously the Division of Chesapeake Bay Local Assistance) and 88 localities in Tidewater, Virginia established pursuant to the Chesapeake Bay Preservation Act; Virginia Code §10.1-2100 through §10.1-2114 and Chesapeake Bay Preservation Area Designation and Management Regulations; Virginia Administrative Code 9 VAC10-20-10 et seq.
The Proposed Action is within a Resource Protection Areas (RPA) associated with Carter Creek. The proposed project will not require the removal of selective trees within the 100 foot RPA buffer. Based on the 60% design plans, the project as proposed will not have an effect on the existing adjacent extensive forested habitat. The majority of the existing slab on grade one-story building is located within the identified boundary of the RPA and new construction activities outside of the existing building footprint to accommodate for building sidewalks, entrances, and safety exits will be keep to a minimum required.
5
ADVISORY POLICIES OF VIRGINIA’S COASTAL ZONE MANAGEMENT PROGRAM
Advisory Policies for Geographic Areas of Particular Concern Although not required for the purposes of consistency, in accordance with 15 C.F.R. Part 930.39 (c), the federal agency should consider the advisory policies (recommendations) of the Virginia Coastal Resources Management Program as well. 1.! Coastal Natural Resource Areas. These areas are vital to estuarine and marine ecosystems and/or are of
great importance to areas immediately inland of the shoreline. Such areas receive special attention from the Commonwealth because of their conservation, recreational, ecological, and aesthetic values. These areas are worthy of special consideration in any planning or resources management process and include the following resources: a) Wetlands; b) Aquatic Spawning, Nursery, and Feeding Grounds; c) Coastal Primary Sand Dunes; d) Barrier Islands; e) Significant Wildlife Habitat Areas; f) Public Recreation Areas; g) Sand and Gravel Resources; and h) Underwater Historic Sites.
No tidal wetlands are present within the project area boundary; therefore, no direct impacts to these areas will occur. No aquatic spawning, nursery and feeding grounds, coastal primary sand dunes, barrier islands, significant wildlife habitat areas, public recreation areas, sand and gravel resources, or underwater historic sites are known to occur within or directly adjacent to the installation. 2.! Coastal Natural Hazard Areas. The policy covers areas vulnerable to continuing and severe erosion and
areas susceptible to potential damage from wind, tidal and storm-related events including flooding. New buildings and other structures should be designed and sited to minimize the potential for property damage due to storms or shoreline erosion. The areas of concern are as follows: a) Highly Erodible Areas; and b) Coastal High Hazard Areas, including flood plains.
The Proposed Action has been designed to prevent continuing erosion from wind, tidal, and storm related events by not requiring any tree removal within the existing adjacent forested buffer. 3.! Waterfront Development Areas. These areas are vital to the Commonwealth because of the limited
number of areas suitable for waterfront activities. The areas of concern are as follows: a) Commercial Ports; b) Commercial Fishing Piers; and c) Community Waterfronts.
AFETA Camp Peary is currently being used by the military for housing and training activities and is not open to the general public. The Proposed Action does not involve any activities which would have an effect on commercial ports, commercial fishing piers, or community waterfronts.
Advisory Policies for Shorefront Access Planning and Protection 1.! Virginia Public Beaches- Approximately 25 miles of public beaches are located in the cities, counties, and
towns of Virginia exclusive of public beaches on state and federal land. These public shoreline areas will be maintained to allow public access to recreational resources.
There are no public beaches within the installation. Based on the location of the installation, the Proposed Action is not expected to have a negative impact to public beaches or their accessibility. 2.! Virginia Outdoors Plan- Planning for coastal access is provided by the Department of Conservation and
Recreation in cooperation with other state and local government agencies. The Virginia outdoors Plan (VOP), which is published by the Department, identifies recreational facilities in the Commonwealth that provide recreational access. The VOP also serves to identify future needs of the Commonwealth in relation to the provision of recreational opportunities and shoreline access. Prior to initiating any project, consideration should be given to the proximity of the project site to recreational resources identified in the VOP.
6
The installation falls within a portion of the York River identified by the VOP as a potential scenic river segment. However, based on the nature of the Proposed Action and the location upstream of the York River, no negative impacts are expected to recreational resources, recreational facilities, or their accessibility. 3.! Parks, Natural Areas, and Wildlife Management Areas- Parks, Wildlife Management Areas, and Natural
Areas are provided for the recreational pleasure of the citizens of the Commonwealth and the nation by local, state, and federal agencies. The recreational values of these areas should be protected and maintained.
Based on location and nature of the Proposed Action, no negative impacts to any parks, natural areas, or wildlife management areas are expected. 4.! Waterfront Recreational Land Acquisition- It is the policy of the Commonwealth to protect areas,
properties, lands, or any estate or interest therein, of scenic beauty, recreational utility, historical interest, or unusual features which may be acquired, preserved, and maintained for the citizens of the Commonwealth.
As previously mentioned, the project area does fall within a portion of the York River identified as a potential scenic river segment by the VOP. However, given the nature of the Proposed Action and the location upstream of the York River, no negative impacts to scenic beauty are expected. Although the installation is bound by waterfront land, it is restricted-access Federal property that does not possess any recreational utility or unusual feature which may be acquired, preserved, or maintained for the citizens of the Commonwealth. Refer to the discussion of historic resources in #6: Waterfront Historical Properties below for more detailed historic information. 5.! Waterfront Recreational Facilities- This policy applies to the provision of boat ramps, public landings,
and bridges which provide water access to the citizens of the Commonwealth. These facilities shall be designed, constructed, and maintained to provide points of water access when and where practicable.
The installation is restricted-access Federal property; as such, there are no boat ramps, public landings or bridges which provide public water access to the citizens of the Commonwealth located on the installation. 6.! Waterfront Historical Properties - The Commonwealth has a long history of settlement and development,
and much of that history has involved both shorelines and near-shore areas. The protection and preservation of historic shorefront properties is primarily the responsibility of the Department of Historic Resources (DHR). Buildings, structures, and sites of historical, architectural, and/or archaeological interest are significant resources for the citizens of the Commonwealth. It is the policy of the Commonwealth and the VCRMP to enhance the protection of buildings, structures, and sites of historical, architectural, and archaeological significance from damage or destruction when practicable.
In 2012, the James River Institute for Archaeology, Inc. (JRIA, VDHR File No. 099-5333) completed an architectural review of the existing Building 1106. Building 1106 is recorded as Virginia Department of Historic Resources (DHR) file number 099-5333. Although it is recorded as being built in 1943, Building 1106 was completely renovated in 1958, with additional work conducted in 1987 and 2011. VDHR concurred with the recommendation that it is not National Register eligible (concurrence dated 17 September 2017). In August 2014, Phase I archaeological survey of 4 acres including this proposed site location was completed by JRIA (JRIA, VDHR File No. 2014-1072). Phase I archaeological survey of the approximately four-acre project area resulted in the identification of one archaeological site (44YO1155) and one archaeological location. Based on its geographic setting and the artifact assemblage retrieved through shovel testing, Site 44YO1155 appears to represent a temporary prehistoric Native American resource procurement camp occupied repeatedly during the Middle and Late Woodland periods. Taking into account the good physical integrity of the site, the presence of temporally diagnostic artifacts, and the potential for intact subsurface cultural features, further investigations at this site offer the opportunity to address significant research questions concerning the evolution of Native American settlement patterns and material culture in this region. As a result, JRIA recommended that Site 44YO1155 is potentially eligible for inclusion in the National
7
Register under Criterion D, and that the site should either be avoided or evaluated at the Phase II level prior to any ground disturbing activities within the site limits. The identified Site 44YO1155 is located outside the boundaries of all construction activities associated with the proposed action and the site boundaries will also be flagged prior to any construction activities and protection fencing installed so as to protect the site from any potential land disturbance activities associated with project staging and materials layout areas. In conclusion, it is noted that no historic buildings or structures either on or eligible for listing on the NRHP would be impacted by the Proposed Action. Additionally, the Proposed Action will not have any negative visual impacts to archaeological or architectural sites within the vicinity of the proposed locations. In accordance with CZMA section 307(c)(1) [or (2)] and 15 CFR Part 930, subpart C, this document provides the Commonwealth of Virginia with the Consistency Determination for the Building 1106 Reconstruction located on AFETA Camp Peary in Williamsburg, Virginia. AFETA Camp Peary has determined that the proposed action is consistent to the maximum extent practicable with all enforceable policies of Virginia’s policies pursuant to 15 CFR §930.39. Once you have an opportunity to review this information and if you have any questions or concerns, please do not hesitate to call me directly at 757.408.0023 or email me at [email protected]. Sincerely, Solstice Environmental, LLC
Claudette L. Twichell, Ph.D. President Enclosure(s): Record of Categorical Exclusion (CATEX) for the Building 1106 Reconstruction (November
Brief Description of Category: 34. New construction that is similar to existing land use and, when completed, the use or operation of which complies with existing regulatory requirements.
Type of attached map: GIS Location Review Topographic Map Design Plans/ (on file) Scope of Work
Project Description:
The Proposed Action includes the reconstruction of an existing dormitory facility, now identified as Building 1106, to provide additional transient housing facilities to support the training operations on the installation. Currently, there are limited or outdated facilities on the installation capable of providing the necessary transient housing. The proposed project will occupy approximately 60,872 square feet (1.40 Acres) and the design will include a reconstruction of the existing slab on grade one-story building with partial basement to a new 10,793 square foot one-story building including a mezzanine to provide for private guest rooms, bathrooms, lounges and meeting rooms, and required support facilities. A portion of the existing building is in crawl space foundation and in-fill will be required for the proposed construction to be slab-on-grade. The newly reconstructed facility will also require water, sewer, and electrical upgrades to support the new design; however, all utility connections are currently available for the site. The reconstructed dormitory facility design will also include repaving and striping of the existing parking lot to accommodate for 27 vehicle spaces. No wetlands or US Waters habitat permits are required for the proposed action since no resources are located within the project boundary. In accordance with the Coastal Zone Management Act section 307(c)(1) [or (2)] and 15 CFR Part 930, subpart C, AFETA Camp Peary has completed a Consistency Determination and has determined that the proposed action is consistent to the maximum extent practicable with all enforceable policies pursuant to 15 CFR §930.39. All remodeling and construction activities will be compatible with current AFETA Camp Peary Design Standards within the existing building site location. In addition, the project construction will include all required stormwater improvements in compliance with all requirements and regulations as stated in the Virginia Stormwater Management Permit (VSMP) Program.
IDENTIFICATION OF RESOURCES:
CULTURAL RESOURCES COMPLETE PENDING N/A Phase I Architecture Conducted Phase II Architecture Conducted Phase I Archaeology Conducted Phase II Archaeology Conducted
Effect on Historic Properties: No Effect Adverse Effect DHR Concurrence on Effect: Yes Pending Concurrence Letter On File
Comments: A review of the Virginia Department of Historic Resources Online Data Sharing System and Camp Peary’s own base wide cultural resource mapping indicates that the project construction area is not located in the vicinity of any known archaeological or architectural sites and the Proposed Action will have no effect on any known architectural or archaeological resources in the general area. In 2012, the James River Institute for Archaeology, Inc. (JRIA, VDHR File No. 099-5333) completed an architectural review of the existing Building 1106, and although it is recorded as being built in 1943, the building was completely renovated in 1958, with additional work
Environmental Inventory Checklist
RECORD OF CATEGORICAL EXCLUSION 2
conducted in 1987 and 2011. VDHR concurred with the recommendation that it is not National Register eligible (concurrence dated 17 September 2017). In August 2014, Phase I archaeological survey of 4 acres including this proposed site location was completed by JRIA (JRIA, VDHR File No. 2014-1072) and resulted in the identification of one archaeological site (44YO1155). Taking into account the good physical integrity of the site, the presence of temporally diagnostic artifacts, and the potential for intact subsurface cultural features, further investigations at this site offer the opportunity to address significant research questions concerning the evolution of Native American settlement patterns and material culture in this region. As a result, JRIA recommended that Site 44YO1155 is potentially eligible for inclusion in the National Register under Criterion D. The identified Site 44YO1155 is located outside the boundaries of all construction activities associated with the proposed action and the site boundaries will also be flagged prior to any construction activities and protection fencing installed so as to protect the site from any potential land disturbance activities associated with project staging and materials layout areas.
NATURAL RESOURCES
PRESENT IMPACTS YES NO YES NO
Surface Water (Name:) Federal Threatened or Endangered:
Terrestrial: (Haliaeetus leucocephalus) (Myotis septentrionalis - Northern Long-Eared Bat) Aquatic: ( ) Plants: Small Whorled Pogonia
Natural Heritage Resources (i.e. Critical Habitat Areas) Chesapeake Bay Preservation Area 100 Year Floodplain Wetlands (adjacent to proposed project area) Acres Impact - 0
CONSISTENCY DETERMINATION REVEIEW REQUIREMENTS: The following provides the Commonwealth of Virginia with the necessary data and information under the Coastal Zone Management Act (CZMA) Section 307(c)(1) and (2), 16 U.S.C § 1456(c)(1) and (2), and 15 C.F.R. Part 930(C), for concurrence that the Proposed Action complies with the enforceable policies of the Virginia Coastal Zone Management Program (VCP) to the greatest extent practicable.
Coastal Zone Management Act Project Review PRESENT IMPACTS
COMMENT YES NO YES NO
ENFORCEABLE POLICIES COMPRISING VCP 1. Fisheries Management No impact –resources are not
located within the project areas and will not be impacted. All requirements to avoid natural resources will be strictly adhered to. Project construction will include all required stormwater improvements in compliance with all requirements and regulations as stated in the VSMP Program.
2. Subaqueous Lands Management 3. Wetlands Management 4. Dunes Management 5. Non-point Source Pollution Control 6. Point Source Pollution Control 7. Shoreline Sanitation 8. Air Pollution Control 9. Coastal Lands Management
ADVISORY POLICIES OF VCP 1. Coastal Natural Resource Areas No impact – resources are not
present within the proposed project area.
2. Coastal Natural Hazard Areas 3. Waterfront Development Areas
ADVISORY POLICIES FOR SHOREFRONT ACCESS PLANNING & PROTECTION 1. Virginia Public Beaches
No impact – resources are not present within the proposed project area.
2. Virginia Outdoors Plan 3. Parks, Natural Areas, and Wildlife Management Areas 4. Waterfront Recreational Land Acquisition 5. Waterfront Recreational Facilities 6. Waterfront Historical Properties
RECORD OF CATEGORICAL EXCLUSION 3
Permit Type: None NWP PCN Local Wetlands Board Regional Permit Standard JPA VSMP (DEQ) NPDES Coast Guard Comments: The Proposed Action will not require tree removal within the boundaries of existing facility; therefore, the project will have no impact on
the Myotis septentrionalis - Northern Long-Eared Bat. A habitat (i.e. Waters of the US or wetlands) permit will not be required since no impact to these resources will occur. A review of the Virginia Department of Game and Inland Fisheries: Fish and Wildlife Information Service database and Camp Peary
2006 Bald Eagle Nest Survey indicates that there are no occurrences of a known State or Federally listed Threatened or Endangered Species within a two-mile radius of the project area. This species is the bald eagle (Haliaeetus leucocephalus). All proposed activities would be located outside of the management zones for active and inactive bald eagle nests identified on AFETA Camp Peary.
The Proposed Action will occur within a Chesapeake Bay Preservation Area; however, the Proposed action is a reconstruction of the existing slab on grade one-story building. In accordance with the Coastal Zone Management Act section 307(c)(1) [or (2)] and 15 CFR Part 930, subpart C, AFETA Camp Peary has completed a Consistency Determination and has determined that the proposed action is consistent to the maximum extent practicable with all enforceable policies pursuant to 15 CFR §930.39.
The Proposed Action area is not located within portions of the 100-year floodplain (http://msc.fema.gov) as mapped by the Federal Emergency Management Agency (FEMA).
The Contractor will comply with all Virginia Stormwater Management Program (VSMP) regulations for appropriate erosion and sediment control measures during the soil disturbance and grading for these construction activities.
GREENHOUSE GAS (GHG) EMISSIONS AND CLIMATE CHANGE (NEPA 42 U.S.C. §§ 4321 et seq)
TYPE OF EMISSION
PRESENT IMPACTS YES NO YES NO
Operational emissions (i.e. tailpipe emissions from vehicles) Constructions emissions (i.e. primarily from fuel used to build project) Embodied emissions (i.e. material extraction and transfer to project site) Lifecycle emissions (i.e. embodied and end of service demolition/disposal)
Will the Proposed Action generate Green House Gas emissions at regulatory reportable quantities? Yes No If Yes, describe in detail: Will construction emissions will be minor and short in duration? Yes No If No, describe in detail:
OTHER
PRESENT IMPACTS YES NO YES NO
Minority or Low Income Populations Septic Systems or Public Water Supplies Hazardous Materials Air Quality Noise
Cumulative Impacts: Yes No Secondary Impacts: Yes No Substantial Controversy on Environmental Grounds: Yes No Comments:
A review of the identified Installation Restoration (IR) sites located within Camp Peary revealed that no known IR sites are located on or immediately adjacent to the proposed project areas.
The Contractor is required to adhere to all applicable Occupational Safety and Health Administration (OSHA) requirements. INVASIVE SPECIES Invasive Species in the project area: Yes No Unknown Potential impact of the disturbances caused by construction on the spread of invasive species:
No known invasive species occur at the project location. Construction disturbances will be minor and short in duration and are not anticipated to cause or expedite the spread of any invasive species.
COORDINATION
RECORD OF CATEGORICAL EXCLUSION 4
The following agencies were contacted during development of this study: (attach all agency correspondence letters to this completed Record of Categorical Exclusion):
The Virginia Erosion and Sediment Control handbook regulations shall be adhered to throughout the construction of the project. No additional public involvement or notice to the public is required as part of development of this Record of Categorical Exclusion.
This project meets the criteria for a Categorical Exclusion pursuant to 32 CFR 775, DON and Camp Peary NEPA Memorandum, dated 22 January 2002 and will not result in significant impacts to the human or natural environment. Yes No
Prepared by: Claudette L. Twichell, PhD Date: November 1, 2017
Signature of Preparer:
Distribute to:
RECORD OF CATEGORICAL EXCLUSION 5
Categorical Exclusions Checklist The following are actions under normal conditions, categorically excluded from further documentation requirements
under NEPA. PLEASE CHECK THE BOX THAT DESCRIBES THIS PROJECT.
1. Routine fiscal and administrative activities, including
administration of contracts. 13. Routine recreational/welfare activities.
2. Routine law and order activities performed by military
personnel, military police, or other security personnel, including physical plant protection and security.
14. Alteration of and additions to existing buildings, facilities, structures, vessels, aircraft, and equipment to conform or provide conforming use specifically required by new or existing applicable legislation or regulations (e.g., hush houses for aircraft engines, scrubbers for air emissions, improvements to storm water and sanitary and industrial wastewater collection and treatment systems, and installation of fire fighting equipment).
3. Routine use and operation of existing facilities, laboratories, and equipment.
15. The modification of existing systems or equipment when the environmental effects will remain substantially the same and the use is consistent with applicable regulations.
4. Administrative studies, surveys, and data collection. 16. Routine movement, handling and distribution of materials, including hazardous materials/wastes that are moved, handled, or distributed in accordance with applicable regulations.
5. Issuance or modification of administrative procedures, regulations, directives, manuals, or policy.
17. New activities conducted at established laboratories and plants (including contractor-operated laboratories and plants) where all airborne emissions, waterborne effluent, external ionizing and non-ionizing radiation levels, outdoor noise, and solid and bulk waste disposal practices are in compliance with existing applicable Federal, state, and local laws and regulations.
6. Military ceremonies. 18. Studies, data, and information gathering that involve no permanent physical change to the environment (e.g., topographic surveys, wetlands mapping, surveys for evaluating environmental damage, and engineering efforts to support environmental analyses).
7. Routine procurement of goods and services conducted in accordance with applicable procurement regulations, executive orders, and policies.
19. Temporary placement and use of simulated target fields (e.g., inert mines, simulated mines, or passive hydrophones) in fresh, estuarine, and marine waters for the purpose of non-explosive military training exercises or research, development, test and evaluation.
8. Routine repair and maintenance of buildings, facilities, vessels, aircraft, and equipment associated with existing operations and activities (e.g., localized pest management activities, minor erosion control measures, painting, refitting).
20. Installation and operation of passive scientific measurement devices (e.g., antennae, tide gauges, weighted hydrophones, salinity measurement devices, and water quality measurement devices) where use will not result in changes in operations tempo and is consistent with applicable regulations.
9. Training of an administrative or classroom nature. 21. Short-term increases in air operations up to 50 percent of the typical operation rate, or increases of 50 operations per day, whichever is greater. Frequent use of this CATEX at an installation requires further analysis to determine there are no cumulative impacts.
10. Routine personnel actions. 22. Decommissioning, disposal, or transfer of Navy vessels, aircraft, vehicles, and equipment when conducted in accordance with applicable regulations, including those regulations applying to removal of hazardous materials.
11. Routine movement of mobile assets (such as ships and aircraft) for homeport reassignments, for repair/ overhaul, or to train/perform as operational groups where no new support facilities are required.
23. Non-routine repair and renovation, and donation or other transfer of structures, vessels, aircraft, vehicles, landscapes or other contributing elements of facilities listed or eligible for listing on the National Register of Historic Places which will result in no adverse effect.
12. Routine procurement, management, storage, handling, installation, and disposal of commercial items, where the items are used and handled in accordance with applicable regulations (e.g., consumables, electronic components, computer equipment, pumps).
24. Hosting or participating in public events (e.g., air shows, open houses, Earth Day events, and athletic events) where no permanent changes to existing infrastructure (e.g., road systems, parking and sanitation systems) are required to accommodate all aspects of the event.
RECORD OF CATEGORICAL EXCLUSION 6
25. Military training conducted on or over nonmilitary land or water areas, where such training is consistent with the type and tempo of existing non-military airspace, land, and water use (e.g., night compass training, forced marches along trails, roads and highways, use of permanently established ranges, use of public waterways, or use of civilian airfields).
36. Acquisition, installation, and operation of utility (e.g., water, sewer, electrical) and communication systems (e.g., data processing cable and similar electronic equipment) which use existing rights of way, easements, distribution systems, and/or facilities.
26. Transfer of real property from DON to another military department or to another Federal agency.
37. Decisions to close facilities, decommission equipment, and/or temporarily discontinue use of facilities or equipment, where the facility or equipment is not used to prevent/control environmental impacts.
27. Receipt of property from another Federal agency when there is no anticipated or proposed substantial change in land use.
38. Maintenance dredging and debris disposal where no new depths are required, applicable permits are secured, and disposal will be at an approved disposal site.
28. Minor land acquisitions or disposals where anticipated or proposed land use is similar to existing land use and zoning, both in type and intensity.
39. Relocation of personnel into existing Federally-owned or commercially leased space that does not involve a substantial change affecting the supporting infrastructure (e.g., no increase in vehicular traffic beyond the capacity of the supporting road network to accommodate such an increase).
29. Disposal of excess easement interests to the underlying fee owner.
40. Pre-lease upland exploration activities for oil, gas or geothermal reserves, (e.g., geophysical surveys).
30. Renewals and minor amendments of existing real estate grants for use of Government-owned real property where no significant change in land use is anticipated.
41. Installation of devices to protect human or animal life (e.g., raptor electrocution prevention devices, fencing to restrict wildlife movement onto airfields, and fencing and grating to prevent accidental entry to hazardous areas).
31. Land withdrawal continuances or extensions that merely establish time periods and where there is no significant change in land use.
42. Reintroduction of endemic or native species (other than endangered or threatened species) into their historic habitat when no substantial site preparation is involved.
32. Renewals and/or initial real estate in grants and out grants involving existing facilities and land wherein use does not change significantly (e.g., leasing of federally-owned or privately-owned housing or office space, and agricultural out leases).
43. Temporary closure of public access to DON property in order to protect human or animal life.
33. Grants of license, easement, or similar arrangements for the use of existing rights-of-way or incidental easements complementing the use of existing rights-of-way for use by vehicles (not to include significant increases in vehicle loading); electrical, telephone, and other transmission and communication lines; water, wastewater, storm water, and irrigation pipelines, pumping stations, and facilities; and for similar utility and transportation uses.
44. Routine testing and evaluation of military equipment on a military reservation or an established range, restricted area, or operating area; similar in type, intensity and setting, including physical location and time of year, to other actions for which it has been determined, through NEPA analysis where the DON was a lead or cooperating agency, that there are no significant impacts; and conducted in accordance with all applicable standard operating procedures protective of the environment.
34. New construction that is similar to existing land use and, when completed, the use or operation of which complies with existing regulatory requirements (e.g., a building within a cantonment area with associated discharges/runoff within existing handling capacities).
45. Routine military training associated with transits, maneuvering, safety and engineering drills, replenishments, flight operations, and weapons systems conducted at the unit or minor exercise level; similar in type, intensity and setting, including physical location and time of year, to other actions for which it has been determined, through NEPA analysis where the DON was a lead or cooperating agency, that there are no significant impacts; and conducted in accordance with all applicable standard operating procedures protective of the environment.
35. Demolition, disposal, or improvements involving buildings or structures when done in accordance with applicable regulations including those regulations applying to removal of asbestos, PCBs, and other hazardous materials.
