[Federal Register Volume 73, Number 178 (Friday, September 12, 2008)]
[Notices]
[Pages 52969-52972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21342]


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DEPARTMENT OF DEFENSE

Department of the Navy


Notice of Public Hearings for the Navy Cherry Point Range Complex 
Draft Environmental Impact Statement/Overseas Environmental Impact 
Statement

AGENCY: Department of the Navy, DoD.

ACTION: Notice.

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SUMMARY: Pursuant to section 102(2)(c) of the National Environmental 
Policy Act (NEPA) of 1969 (42 United States Code [U.S.C.] 4321); the 
Council of Environmental Quality (CEQ) Regulations for implementing the 
procedural provisions of NEPA (Title 40 Code of Federal Regulations 
[CFR] Parts 1500-1508); Department of the Navy Procedures for 
Implementing NEPA (32 CFR part 775); Executive Order (EO) 12114, 
Environmental Effects Abroad of Major Federal Actions; and Department 
of Defense (DoD) regulations implementing EO 12114 (32 CFR Part 187), 
the Department of the Navy (Navy) has prepared and filed with the U.S. 
Environmental Protection Agency a Draft Environmental Impact Statement/
Overseas Environmental Impact Statement (EIS/OEIS) on September 2, 
2008. The National Marine Fisheries Service (NMFS) is a Cooperating 
Agency for the EIS/OEIS. This notice announces the dates and locations 
of the public hearings for this Draft EIS/OEIS, and provides 
supplementary information about the environmental planning effort.
    The EIS/OEIS evaluates the potential environmental impacts over a 
10-year planning horizon associated with Navy Atlantic Fleet and Marine 
Corps training; research, development, testing, and evaluation (RDT&E) 
activities; and associated range capabilities enhancements (including 
infrastructure improvements) within the existing Navy Cherry Point 
(Navy CHPT) Range Complex. The Navy CHPT Range Complex encompasses 
18,617 square nautical miles (nm\2\) of offshore surface and subsurface 
operating area (OPAREA); 12,529 nm\2\ of deep ocean area greater than 
100 fathoms (600 feet), and 18,966 nm\2\ of overlying Special Use 
Airspace (SUA) off the coast of North Carolina. The geographic scope of 
the EIS/OEIS, referred to as the Navy Cherry Point Study Area, includes 
the OPAREA and SUA, plus the 3 NM strip of coastal water from mean high 
tide line extending seaward to the western OPAREA boundary. A Notice of 
Intent for this Draft EIS/OEIS was published in the Federal Register on 
April 30, 2007 (Vol. 72, No. 82, pp. 21248-21249).
    The Navy will conduct two public hearings to receive oral and 
written comments on the Draft EIS/OEIS. Federal, state and local 
agencies and interested individuals are invited to be present or 
represented at the public hearings. An open house session will precede 
the scheduled public hearing at each of the locations listed below and 
will allow individuals to review the information presented in the Navy 
CHPT Range Complex Draft EIS/OEIS. Navy and Marine Corps 
representatives will be available during the open house sessions to 
clarify information related to the Draft EIS/OEIS.

Dates and Addresses: All meetings will start with an open house session 
from 5 p.m. to 7 p.m. A formal presentation and public comment period 
will be held from 7 p.m. to 9 p.m. Public hearings will be held on the 
following dates and at the following locations: October 14, 2008 at the 
North Carolina Maritime Museum, 315 Front St., Beaufort, NC and October 
15, 2008 at the Best Western Coastline Inn & Convention Center, 503 
Nutt St., Wilmington, NC.

FOR FURTHER INFORMATION CONTACT: Naval Facilities Engineering Command, 
Atlantic, Attention, EV22SA (Navy CHPT EIS/OEIS PM), 6506 Hampton 
Boulevard, Norfolk, Virginia 23508-1278; facsimile: 757-322-4894 or 
http://www.navycherrypointrangecomplexeis.com/.

SUPPLEMENTARY INFORMATION: The Navy has identified the need to support 
and conduct current, emerging and future training and RDT&E operations 
in the Navy CHPT Range Complex. The proposed action does not indicate 
major changes to Navy CHPT Range Complex facilities, operations, 
training, or RDT&E capacities over the 10-year planning period. Rather, 
the proposed action would result in relatively small-scale but critical 
enhancements to the Navy CHPT Range Complex that are necessary if the 
Navy and Marine Corps are to maintain a state of military readiness 
commensurate with their national defense mission.
    The EIS/OEIS addresses the training strategies described in the 
Fleet Readiness Training Plan (FRTP) that implements the Fleet Response 
Plan (FRP), which ensures continuous availability of agile, flexible, 
trained, and ready surge-capable (rapid response) forces. The 
recommended range enhancements, and current and future training and 
testing operations, which have the potential to impact the environment 
are the primary focus of the EIS/OEIS.
    The purpose for the proposed action is to:
    <bullet> Achieve and maintain Fleet readiness using the Navy CHPT 
Range Complex to support and conduct current, emerging, and future 
training and RDT&E operations;
    <bullet> Expand warfare missions supported by the Navy CHPT Range 
Complex; and
    <bullet> Upgrade and modernize existing range capabilities to 
enhance and sustain Navy and Marine Corps training and RDT&E.
    The need for the proposed action is to provide range capabilities 
for training and equipping combat-capable naval forces ready to deploy 
worldwide. In this regard, the Navy CHPT Range Complex furthers the 
Navy's execution of its Congressionally mandated roles and 
responsibilities under title 10 U.S.C. 5062. To implement this 
Congressional mandate, the Navy needs to:
    <bullet> Maintain current levels of military readiness by training 
in the Navy CHPT Range Complex;
    <bullet> Accommodate future increases in operational training tempo 
in the Navy CHPT Range Complex and support the rapid deployment of 
naval units or strike groups;
    <bullet> Achieve and sustain readiness of ships and squadrons 
consistent with the FRP so the Navy and Marine Corps can quickly surge 
significant combat power in the event of a national crisis or 
contingency operation;
    <bullet> Support the acquisition and implementation into the Fleet 
of advanced military technology. The Navy CHPT Range Complex must 
adequately support the testing and training needed for new aircraft and 
weapons systems; and
    <bullet> Maintain the long-term viability of the Navy CHPT Range 
Complex while protecting human health and the environment, and 
enhancing its quality, communication capability and safety.
    Support to current, emerging and future training and RDT&E 
operations, including implementation of range enhancements, entails the 
actions evaluated in the EIS/OEIS.
    These potentially include:
    <bullet> Increase use of contractor-operated aircraft that simulate 
enemy aircraft during training (Commercial Air Services Support for 
Fleet Opposition Forces and Electronic Warfare Threat Training);
    <bullet> Increase anti-piracy and maritime interdiction training 
(Anti-terrorism Surface Strike Group Training);
    <bullet> Support MH-60R/S helicopter warfare mission areas;
    <bullet> Designate a littoral mine warfare training area for 
deploying temporary mineshapes in support of Strike Group mine warfare 
training during major exercises; and,
    <bullet> Upgrade the Mid-Atlantic Electronic Warfare Range (MAEWR).
    The proposed action is to support and conduct current and emerging 
training and RDT&E in the Navy CHPT Range Complex. To achieve this, the 
Navy proposes to:
    <bullet> Maintain baseline training and testing operations at 
current levels, plus sufficient additional operations to support a 
surge capability in compliance with FRP.

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    <bullet> Provide flexibility to respond to real-world situations 
with increased training operations, and to accommodate mission 
expansion, emerging force structure changes (including those resulting 
from the introduction of new aircraft and weapons systems), and new 
range capabilities.
    <bullet> Eliminate high explosive bombing exercises at sea, and 
implement enhanced mine warfare training capability within the range 
complex.
    Three alternatives were evaluated in the Navy CHPT Range Complex 
EIS/OEIS:
    No Action Alternative: Maintain training and RDT&E operations at 
current levels to include surge consistent with the FRTP;
    Alternative 1: All operations in the No Action Alternative, plus a 
10% increase in most training and testing operations, plus changes in 
type and quantity of operations and tactical employment of forces to 
accommodate expanded mission areas, force structure changes and new 
range capabilities. Specifically:
    <bullet> Train tailored naval units to conduct rapid response anti-
piracy, anti-terrorism and maritime interdiction operations (Maritime 
Security Surge Surface Strike Group);
    <bullet> Conduct surface-to-air missile training;
    <bullet> Conduct MH-60R/S helicopter training;
    <bullet> Conduct training with new Organic Mine Countermeasures 
systems;
    <bullet> Increase use of contractor-operated aircraft to support 
fleet training (Commercial Air Services); and
    <bullet> Upgrade electronic warfare anti-ship and anti-aircraft 
threat emitters (Mid-Atlantic Electronic Warfare Range).
    Alternative 2 (Preferred Alternative): All operations in 
Alternative 1 plus:
    <bullet> Eliminate bombs at-sea with high explosive warheads.
    <bullet> Designate mine warfare training areas, some of which can 
accommodate temporary deployment of training mineshapes, in support of 
Strike Group mine warfare training events during major exercises.
    The Assistant Secretary of the Navy (Installations & Environment) 
will decide which alternative analyzed in the EIS/OEIS provides the 
optimum level and mix of training and testing operations and range 
capabilities enhancements in the Navy CHPT Range Complex that satisfies 
the purpose and need while considering all reasonably foreseeable 
environmental impacts.
    Three alternatives were considered but eliminated from further 
consideration. These alternatives are:
    1. Alternative Range Complex Locations--No single range complex on 
the East Coast can accommodate the entire spectrum of Navy and Marine 
Corps training and testing. To maintain a high level of combat 
readiness for naval forces at best value to the U.S. taxpayer, the Navy 
and Marine Corps homeported their forces in multiple concentration 
areas rather than a single area, in part to ensure the surrounding 
training and testing areas could support their specific needs. The 
result is a system of range complexes, each optimized to support the 
limited set of warfare areas that predominate in that locale. The Navy 
CHPT Range Complex possesses a number of historical and natural 
features that make it an indispensable component of the Navy's East 
Coast system of ranges. Other locations do not provide reasonable 
alternatives for required training purposes/activities described above, 
and as a result, alternative training locations were eliminated from 
further consideration.
    2. Conduct Simulated Training Only--Under this alternative, only 
simulated training would be conducted using computer models and 
classroom training. While the Navy currently makes extensive use of 
computer simulation and classroom instruction as effective training 
tools, they cannot exclusively replace live training. Simulation cannot 
replicate the environment of live coordinated training and major 
exercises, where multiple ships, submarines and aircraft, and hundreds 
or thousands of men and women are participating in training activities 
in a coordinated fashion to accomplish a common military objective. 
Because of the need to train as we fight, this alternative would fail 
to meet the purpose and need of the proposed action and therefore, is 
not evaluated further in the EIS/OEIS.
    3. Practice Ammunition Use--An alternative that would rely entirely 
on inert, practice ammunition use within the Navy CHPT Range Complex 
would not achieve the necessary levels of proficiency in firing weapons 
in a high stress and realistic environment. Inert, practice ammunition 
is used throughout the Navy CHPT Range Complex, and provides 
opportunity to implement a successful, integrated training program 
while reducing the risk and expense typically associated with live 
ammunition. However, Navy and Marine Corps personnel need to gain 
proficiency in handling and employment of ordnance with live warheads 
in a safe, controlled training environment before entering the 
inherently unsafe environment of live combat. Consequently, this 
alternative fails to meet the purpose and need of the proposed action 
and was not carried forward for analysis.
    Nineteen resources and issues were described and analyzed in the 
EIS/OEIS. These include but are not limited to water resources, air 
quality, marine communities, marine mammals, sea turtles, fish and 
essential fish habitat, seabirds and migratory birds, cultural 
resources, regional economy, and public health and safety. The Navy 
used subject matter experts, public and agency scoping comments, 
previous environmental analyses, previous agency consultations, laws, 
regulations, Executive Orders and resource-specific information in a 
screening process to identify aspects of the proposed action that could 
act as stressors to resources and issues evaluated in the EIS/OEIS.
    The stressors considered for analysis of environmental consequences 
include, but are not limited to, vessel movements (disturbance and 
collisions), aircraft overflights (disturbance and strikes), non-
explosive practice munitions, and underwater detonations and high 
explosive ordnance.
    In accordance with 50 CFR 401.12, the Navy submitted a Biological 
Evaluation to assess the potential effects from the proposed action on 
marine resources and anadromous fish protected by the NMFS under the 
Endangered Species Act (ESA). In accordance with the Marine Mammal 
Protection Act MMPA (16 U.S.C. 1371[a][5]), the Navy submitted a 
request for Letter of Authorization to the NMFS for the incidental 
taking of marine mammals by the proposed action which was acknowledged 
by NMFS in a Notice of Receipt published in the Federal Register (Vol. 
73, No. 131, pp 38991-38993) on July 08, 2008.
    The Navy submitted a Consultation Package in accordance with legal 
requirements set forth under regulations implementing Section 7 of the 
ESA (50 CFR 402; 16 U.S.C 1536 (c)) for listed species under 
jurisdiction of the U.S. Fish and Wildlife Service. The analysis of 
environmental stressors indicated that implementation of the No Action 
Alternative, Alternative 1, or Alternative 2 would not result in 
unavoidable significant adverse effects to resources analyzed. The 
analysis of environmental stressors and alternatives indicated no 
significant impact to resources in U.S. territorial waters; likewise, 
no significant harm in non-territorial waters is expected.
    The Navy CHPT Draft EIS/OEIS was distributed to Federal, State, and 
local agencies, elected officials, and other interested individuals and 
organizations

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on September 12, 2008. The public comment period will end on October 
27, 2008. Copies of the Navy CHPT Draft EIS/OEIS are available for 
public review at the following libraries: Hatteras Library, 57690 NC 
Highway 12, Hatteras, NC; New Hanover County Library, 201 Chestnut 
Street, Wilmington, NC; Webb Memorial Library Center, 812 Evans Street, 
Morehead City, NC; Onslow County Library, 58 Doris Avenue East, 
Jacksonville, NC; Kill Devil Hills Branch Library, 400 S. Mustian St., 
Kill Devil Hills, NC; Havelock-Craven County Public Library, 301 
Cunningham Boulevard, Havelock, NC. The Navy CHPT Draft EIS/OEIS is 
also available for electronic public viewing at: http://www.navycherrypointrangecomplexeis.com/.
    A paper copy of the Executive Summary or a single CD with the Navy 
CHPT Draft EIS/OEIS will be made available upon written request by 
contacting Naval Facilities Engineering Command, Atlantic Division; 
Attention: Code EV22SA (Navy CHPT EIS/OEIS PM); 6506 Hampton Blvd.; 
Norfolk, VA 23508-1278. Facsimile: 757-322-4894. Federal, State, and 
local agencies and interested parties are invited to be present or 
represented at the public hearing. Written comments can also be 
submitted during the open house sessions preceding the public hearings.
    Oral statements will be heard and transcribed by a stenographer; 
however, to ensure the accuracy of the record, all statements should be 
submitted in writing. All statements, both oral and written, will 
become part of the public record on the Draft EIS/OEIS and will be 
responded to in the Final EIS/OEIS. Equal weight will be given to both 
oral and written statements. In the interest of available time, and to 
ensure all who wish to give an oral statement have the opportunity to 
do so, each speaker's comments will be limited to three (3) minutes. If 
a long statement is to be presented, it should be summarized at the 
public hearing with the full text submitted either in writing at the 
hearing, or mailed or faxed to Naval Facilities Engineering Command, 
Atlantic Division; Attention: Code EV22SA (Navy CHPT EIS/OEIS PM); 6506 
Hampton Blvd.; Norfolk, VA 23508-1278. Facsimile: 757-322-4894. In 
addition, comments may be submitted on-line at http://www.navycherrypointrangecomplexeis.com/ during the comment period. All 
written comments must be postmarked by October 27, 2008 to ensure they 
become part of the official record. All comments will be addressed in 
the Final EIS/OEIS.

    Dated: September 3, 2008.
T. M. Cruz,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. E8-21342 Filed 9-11-08; 8:45 am]
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