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HomeMy WebLinkAboutVer 1 - Scoping Comments - 3/15/2018. as Coastal Management ENVIRONMENTAL QUALITY March 12, 2018 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Karen Higgins Division of Water Resources Daniel Govoni Federal Consistency Coordinator Federal Consistency Determination U.S. Department of the Navy Off the coast of North Carolina ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director 53 (9 M U T 19 10 MAR 15 2018 Proposed Project: Conduct military readiness training activities and research development, testing, and evaluation activities in the Atlantic Fleet Training and Testing Study Area (AFTT) Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 12, 2018. If you have any questions regarding the proposed project, please contact Daniel Govoni at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: SIGNED This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 DEPARTMENT OF THE NAVY U.S. FLEET FORCES COMMAND 1562 DIITSCIIER AVENUE SUITE 29 NORFOLK VA 23551-2487 5090 Ser N46/021 February 23, 2018 Mr. Daniel Govoni Division of Coastal Management Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, NC 28557-3421 Dear Mr. Govoni: In accordance with the Coastal Zone Management Act (16 United States Code § 1456(c) and 15 Code of Federal Regulations [C.F.R.] Part 930 Subpart C), the United States Department of the Navy (Navy) requests concurrence with its Coastal Consistency Determination for proposed activities in the Atlantic Fleet Training and Testing Study Area (Study Area). The Navy analyzed the potential environmental impacts of all of its pierside and at -sea activities in the wegtern Atlantic Ocean and the Gulf of Mexico in the Atlantic Fleet Training and Testing (AFTT) Environmental Impact Statement (EIS)/Overseas Environmental Impact Statement (OEIS), which was finalized in 2013 (termed "Phase II"). The Navy also conducted a Coastal Zane Management Act (CZMA) consultation for these activities during Phase II (DCM#20120122). The Navy has begun the next phase (Phase III) of this planning effort. Activities for Phase III of AFTT are similar to what was described in the 2013 EIS/OEIS, with some activities increasing in scope and others decreasing. Some of the activities have also been reclassified or differ slightly from the previous consultation. In addition, some training activities have been proposed to occur in selected inshore locations that were not included in the scope of the Phase II CZMA consultation. This Phase III CZMA consultation supplements the 2013 Phase II consistency determination to account for changes in Navy's proposed training and testing activities necessary to meet mission needs. This consultation only includes those activities that are new to Phase III of AFTT or have changed in frequency, intensity, or possible impact since Phase II. The Draft EIS/OEIS and the AFTT website (http://aftteis.com/Current-Documents) contain detailed information and analyses of potential impacts. The Navy reviewed the North Carolina Coastal Management Program in preparation of the enclosed Coastal Consistency Determination. Based on the analyses, the Nary has determined that the Proposed Action within the Study Area will be fully consistent with the policies of the North Carolina Coastal Management Program. We request that you provide your concurrence on our findings within 60 days of receipt of this letter. If a response has not been received by that time, concurrence with this finding will be assumed. My point of contact for this matter is Ms. Amy Farak who may be reached at 757-836-5811 or ainy.farak@navy.mil. Sincerely, Elizabeth Nashold Director, Fleet Installations and Environment and Deputy Chief of Staff Enclosure: 1. Federal Consistency Determination Copy to: Commander Navy Region South East Commander Navy Region Mid Atlantic COASTAL CONSISTENCY DETERMINATION ATLANTIC FLEET TRAINING AND TESTING INTRODUCTION This document provides the state of North Carolina with the United States (U.S.) Department of the Navy's (Navy) Consistency Determination under section 307(c)(1) of the Coastal Zone Management Act (CZMA) of 1972, as amended, and 15 Code of Federal Regulations [CFR) part 930, subpart C, for the proposed activities in the Atlantic Fleet Training and Testing (AFTT) Study Area (Study Area). The Navy analyzed the potential environmental impacts of all of its pierside and at -sea activities in the western Atlantic Ocean and the Gulf of Mexico in the AFTT Environmental Impact Statement (EIS)/Overseas Environmental Impact Statement (OSIS) finalized in August 2013 (termed "Phase II"). Concurrent with the development of the Phase II EIS/OEIS, the Navy also completed a Coastal Consistency Determination on the same activities'. The 2013 EIS/GEIS served as the basis for the Navy's Coastal Consistency Determinations during Phase II. Activities for the next phase ("Phase III") of AFTT are similar to what was described in the 2013 EIS/OEIS, with some activities increasing in scope and others decreasing. Some of the activities have also been reclassified or differ slightly from the previous consistency determination. Activities that were previously analyzed in the 2013 consistency determination that are proposed to be conducted at the same or lesser annual levels are not included in this consistency determination. Activities that were not included in the Phase II consistency determination, activities that have changed location, and activities that have Increased in tempo or number of expended materials are included in the analysis for this consistency determination, even if the increase in activities or expended materials would be considered minor. In addition, some training activities have been proposed in selected inshore locations that were not included in the scope of the Phase 11 Coastal Consistency Determination. This Coastal Consistency Determination complements the 2013 Phase II consistency determination to account for changes in Navy's proposed training and testing activities necessary to meet mission needs. REGULATORY BACKGROUND INFORMATION The Coastal Zone Management Act of 1972 (CZMA), codified in 16 U.S. Code (U.S.C.) section 1451 et seq. established a comprehensive regulatory scheme for effective management, beneficial use, protection, and development of the coastal zone and its natural resources. CZMA encourages coastal states and provides a mechanism for them to develop, obtain federal approval for, and implement a broad-based coastal management program (CMP). CZMA section 307 provides that federal agency activities shall be carried out in a manner which is consistent to the maximum extent practicable with the enforceable policies of approved state management programs. Section 307 applies to federal agency activity in a state's coastal zone and also to federal agency activity outside the coastal zone, if the activity affects a land or water use in or natural resources of the coastal zone. Federal agency activity includes activity performed by a federal agency, approved by a federal agency, or for which a federal agency provides financial assistance. Such activity, whether direct, indirect, or cumulative, must be demonstrated to be consistent with the enforceable 1 Concurrence with the Navy's consistency determination for Phase II was received from the North Carolina Department of Environment and Natural Resources, Division of Coastal Management on February 12, 2013. Coastal Consistency Determination for North Carolina Page 1 policies of the state's CMP, unless full consistency is otherwise prohibited by federal law (per 15 CFR part 930.32, "consistent to the maximum extent practicable"). The Navy's Proposed Action constitutes a direct federal action. DESCRIPTION OF THE PROPOSED FEDERAL AGENCY ACTION The Navy has prepared a Draft EIS/OEIS to assess the environmental impacts associated with conducting military readiness training activities and research, development, testing, and evaluation (hereinafter referred to as "testing") activities in the AFTT Study Area. These military readiness activities are generally consistent with those analyzed in the Phase II AFTT EIS/OEIS completed in August 2013 and are representative of essential training and testing that the Navy has been conducting in the AFTT Study Area for decades. The Navy's Preferred Alternative in the Draft EIS/OSIS, and the alternative subject to the following Coastal Consistency Determination, is Alternative 1. As most of the activities proposed for Phase III constitute a continuation of activities consulted on in Phase ll, the potential effects to coastal resources are expected to be similar to those captured in the previous consultation. The Navy recognizes that, pursuant to 15 CFR part 930.31(e), activities already reviewed by the State of North Carolina may be modified such that the potential effects to coastal resources may be substantially different than those previously reviewed. Although the Navy does not predict effects that are substantially different, the Navy is, as a matter of comity, electing to consult on changes to activities from Phase II even when potential effects are expected to be the same or minimally different. In addition, the Navy is consulting on any new activities not included in the Phase II Coastal Consistency Determination. PROJECT LOCATION The Study Area begins at the mean high water mark and extends seaward, including airspace, sea, and undersea space. The locations of training and testing activities proposed to occur off the coast of North Carolina (Figure 1) include the following: • The Navy's Virginia Capes (VACAPES) Range Complex, and associated operating areas (OPAREAs) • The Navy's Jacksonville (JAX) Range Complex, and associated OPAREAs (Charleston OPAREA) • The Navy's Cherry Point Range Complex, and associated OPAREAs • The inland waters of Wilmington, NC, and Morehead City, NC To reflect the nature of Navy training and testing activities in the Study Area, the Navy identifies the locations of proposed activities to range complexes or testing ranges, and not to specific locations within those ranges because training and testing activities do not occur in isolated locations within a range. The locations of some other activities are specific to certain locations (e.g., harbors or piers) and are identified in Chapter 2 (Description of Proposed Action and Alternatives) of the Draft EIS/GEIS. Additionally, the Navy identified some activities as occurring in Other AFTT Areas. Other AM Areas include areas outside of range complexes and testing ranges but still within the Study Area, which extends landward up to the shoreline. Other AFTT Area activities typically refer to those activities that occur while vessels are in transit and further out to sea, but could also occur in areas in the states' coastal zones that do not otherwise have a Navy designation (e.g., operating area, warning area, or testing range). Coastal Consistency Determination for North Carolina Page 2 Wilmington, NC@-°'` CHERRY POINT OPAREA Sc N 0 10 20 NM r 1:3:SGO,ODO Cmdrials System: was 1984 CHARLESTON 1` OPAREAi " AFTT SOY A II W ._VA Legend N `. ■ Civilian Pons and Inland Waterways VIRGINIA CAPES M AFTT Study Area Slrr<+1- M yr, .u'f ". OPAREA OPAREA Boundary f' 3` Warning Area ---- State Seaward Extent (3 NM) N Morehead Wilmington, NC@-°'` CHERRY POINT OPAREA Sc N 0 10 20 NM r 1:3:SGO,ODO Cmdrials System: was 1984 CHARLESTON 1` OPAREAi " AFTT SOY A II W DETERMINATION OF POTENTIAL EFFECTS In accordance with 15 CFR part 930; subpart C, the Navy reviewed its Proposed Action and has determined that certain activities that will be conducted as part of the Proposed Action may have an effect on a coastal use or resource of the State of North Carolina. The Navy reviewed the proposed activities to determine if they had previously been analyzed in the 2013 AFTT EIS/OEIS and Coastal Consistency Determination, where they would typically occur in relation to the coastal zone, as well as whether the activities resulted in impacts to coastal uses or resources in the coastal zone even though the activities might occur outside of the coastal zone. The Navy used a screening process to identify stressors2 to environmental resources found in the AFTT Study Area. Navy subject matter experts then studied the training and testing activities to identify specific stressors associated with each activity that could have direct or indirect impacts on the environment. Not all stressors affect every resource, nor do all proposed Navy activities produce all stressors. Since the activities proposed are similar to the activities analyzed previously, the stressors considered are also similar. The analyses in the Draft EIS/OSIS were then used to determine if there would be effects to coastal zone resources. Table 1 lists the environmental resources analyzed in the Draft EIS/OEIS and the stressors that could affect them. Details of the stressors associated with each of the proposed activities can be reviewed further in Appendix B (Activity Stressor Matrices) of the Draft EIS/GEIS. Table 1: Stressors Analyzed in the Draft Environmental Impact Statement/ Overseas Environmental Impact Statement Components and Stressors forPhysical Resourtes • Explosives Sediments and Water Quality • Metals Chemicals • Other materials Air Quality • Criteria air pollutants Components and Stressors for 81o1o91ca1RBSo4rCeS:. • Sonar and other transducers • Pile driving Acoustic Stressors • Weapons noise • Vessel noise • Aircraft noise Explosive Stressors • Explosions in air • Explosions in water In -air electromagnetic devices Energy Stressors . In -water electromagnetic devices • High-energy lasers • Vessels and in -water device strike Physical Disturbance and Strike . Aircraft and aerial target strike Stressors . Military expended materials • Seafloor devices Entanglement Stressors • Fiber-optic cables and guidance wires • Parachutes • Wires and cables Ingestion Stressors • Decelerators/parachutes Biodegradable polymer 2 Stressors are components of naval activities that could serve as stimuli or pose an opportunity to stress or otherwise affect different biological, physical, or human resources evaluated in the Draft EIS/OEIS. Coastal Consistency Determination for North Carolina Page 4 Components and Stressors for Human Resources Cultural Resources Stressors • Explosives • Physical disturbance and strikes • Accessibility Socioeconomic Stressors . Airborne acoustics • Ph sisal disturbance and strikes • Underwater energy Public Health and Safety Stressors • In -air energy • Ph sisal interactions Table 2 includes new activities that were not included in the Phase 11 consistency determination and have the potential to affect coastal zone uses and resources as defined by the North Carolina Coastal Management Program. Table 3 includes ongoing activities, previously consulted on, that have had changes in location, had increases in tempo, or had increases in number of expended materials that have the potential to affect resources and uses of the coastal zone. Pursuant to guidance issued by the National Oceanographic and Atmospheric Administration, Navy activities that temporarily affect a coastal resource while that resource is outside of the coastal zone such that resource impacts are not felt within the coastal zone are not included. For Navy, activities occurring outside the coastal zone, the likelihood that there will be an effect on resources of the coastal zone decreases with the distance of the activity from the coastal zone. An effect on a coastal resource has to be more than merely speculative, it must be reasonably foreseeable. Thus, even if certain activities have an effect on certain species, the distance of the activity from the coastal zone makes any effect to resources of the coastal zone highly speculative. The activities and locations where the activities typically occur are listed, grouped according to where they occur in relation to the coastal zone. Activities that only occur in the coastal zone are listed first. Next are activities that could occur either inside or outside the coastal zone but have the potential to affect coastal zone resources. Listed last are activities that only occur outside of the coastal zone but have reasonably foreseeable potential to affect coastal zone resources. Training and testing activities would typically occur in portions of the range complexes where they have historically occurred. Appendix A (Navy Activity Descriptions) of the Draft EIS/OSIS should be reviewed for further details on efich activity. Coastal Consistency Determination for North Carolina Page 5 Table 2: New Training and Testing Activities Potentially Affecting North Carolina Coastal tone Resources Coastal Consistency Determination for North Carolina Page 6 Annual. Coastal Zone Activities Resources In Phase Potentially Activity Description. .. Typical Location° IIIb Affected New Fleet Training ActivftJes.Occurring inside the Coastal7ane Missile Exercise —Mon -Portable Stressors to biological Air Defense System (see Personnel employ a resources, air quality, EIS/OEIS Appendix A: Section shoulder fired surface to air Navy Cherry Point RC 5 sediment and water A.2.3.7) missile at air targets. quality, and human resources Underwater Construction Team Navy divers conduct JAX RC 4 Stressors to biological Training (see EIS/GEIS Appendix underwater repair and resources, air quality, A: Section 2.7.6) construction. VACAPES RC 8 and human resources Personnel Insertion/Extraction - Divers and swimmer inor filtrateharbors, beaches, VACAPES RCinfiltrate Stressors to biological Swimmer/Diver (see EIS/GEIS vessels and Lower Chesapeake Bay 42 resources, air quality, Appendix A: Section 2.7.5 pp } conduct a variety of tasks. and human resources Beaumont, TX Boston, MA Corpus Christi, TX Delaware Bay, DE Earle, NJ GOMEX RC Civilian Port Defense — Maritime security personnel train to protect Stressors to biological Hampton Roads, VA JAX RC Homeland Security Anti- . Terrorism/force Protection civilian ports and harbors i resources, air quality, Kings Bay, GA Exercise (see EIS/GEIS Appendix against enemy efforts to water quality and NS Mayport A: Section A.2.8.3) interfere with access to human resources those ports. Morehead City, NC Port Canaveral, FL Savannah, GA Tampa, FL VACAPES RC Wilmington, NC New Fleet Training Activities Occurring Inside or Outside the Coastal Zone Amphibious Marine Navy and Marine Corps Expeditionary Unit Integration forces conduct integration Stressors to biological Exercise (see EIS/OEIS Appendix training at sea in Navy Cherry Point RC 1 resources, air quality, A: Section A.2.4.2) preparation for and human resources deployment. VACAPES RC Amphibious Vehicle Maneuvers Small boat crews practice 186 Stressors to biological Lower Chesapeake Bay (see EIS/OEIS Appendix A: the employment of resources, air quality, Section A.2.4.4) amphibious vehicles. JAX RC 2 and human resources St. Johns River Coastal Consistency Determination for North Carolina Page 6 Coastal Consistency Determination for North Carolina Page 7 :Annual, Coastal Zone, Aetivkles ,.. R d�,rces: • tr; , In Rhgse ' Pate�rtialty... Activity . .: ""T .[a , llkial JAX RC NS Mayport 60 Dive and Salvage Operations Navy divers perform dive Navy Cherry Point RC Stressors to biological 16 (see EIS/OEIS Appendix A: operations and salvage VACAPES RC resources, air quality, Section A.2.7.1) training. and human resources NS Norfolk 30 Lower Chesapeake Ba James River and tributaries JAX RC NS Mayport Personnel Insertion/Extraction — Personnel are Inserted into St. Andrew Bay 30 Air (see EIS/OEIS Appendix A: and extracted from an North Bay Stressors to biological Section 2.7.3} objective area by fixed- VACAPES RC resources, air quality, wing aircraft or helicopters. and human resources Lower Chesapeake Bay James River and tributaries 2,164 York River JAX RC 1 Personnel Insertion/Extraction — Personnel are inserted into and extracted from an VACAPES RC Surface and Subsurface (see L Stressors to biological g cal EIS/OEIS Appendix A: Section objective area by small Lower Chesapeake Bay resources, air quality, 2 7 4) boats or subsurface James River and tributaries 3fi0 and human resources platforms. York River JAX RC Personnel launch, operate, Cooper River 55 Waterborne Training (see and recover a variety of St. Johns River small boats to achieve Stressors to biological g EIS/GEIS Appendix A: Section VACAPES RC certifications such as resources, air quality, A.2.10.9) coxswain, crewman, and York River and human resources safer observer, Y James River and tributaries 110 Lower Chesapeake Bay Fast Attack Craft and Fast JAX RC Stressors to blologIca I Inshore Attack Craft (see Navy ships and helicopters NS Mayport 25 resources, air quality, EIS/OSIS Appendix A: Section defend against small boat sediment and water A.2.9.2) attacks . VACAPES RC 25 quality, and human resources Search and Rescue (see Helicopter and ship crews VACAPES RC Stressors to biological EIS/oEIS Appendix A: Section rescue military personnel 1,176 resources, air quality, A.2.10.3) at sea. James River and tributaries and human resources Aircraft and surface ship JAX RC 181 crews control portions of Navy Cherry Point RC 2,620 Electronic Warfare Operations the electromagnetic Stressors to biological (see EIS/OEIS Appendix A: spectrum used by enemy resources, air quality, Section A.2.6.4) systems to degrade or deny VACAPES RC 302 and human resources the enemy's ability to take defensive actions. Coastal Consistency Determination for North Carolina Page 7 Annual toastal Zone ,....: Activities .' Resotircps •Jn Phase Potentially , :.ActivityDesciip#Toir+.1Ypfial:Itkaitla>to , :.'' 11' Affected`- ... New NAVAIR Activities Occurring lnilde or Outside the Coastal Zone A mine -hunting dipping sonar system that is Airborne Dipping Sonar deployed from a helicopter Stressors to biological Minehunting Test (see EIS/OEIS and uses high -frequency VACAPES RC 6-18 resources, air quality, Appendix A: Section A.3.1.4.1) sonar for the detection and and human resources classification of bottom and moored mines. A mine -hunting system made up of sonobuoys is deployed from a helicopter. fromson6a heliuoys, Stressors to biological Airborne Sonobuoy Afield of s using resources, air quality, Minehunting Test (see EIS/GEIS high -frequency sonar, VACAPES RC 24 sediment and water Appendix A: Section A:3.1.4.4) used for detection and quality, and human classification of bottom and resources moored mines. Intelligence, Surveillance, and Reconnaissance Test (see Aircrews use all available Stressors to biological EIS/OSIS Appendix A: Section sensors to collect data on Navy Cherry Point RC 9 resources, air quality, A.3.1.1.7) threat vessels. and human resources New ONR Testing Activities Occurring Inside or Outside the Coastal Zone Ships and their supporting VACAPES RC 2 Stressors to biological Acoustic and oceanographic platforms {rotary -wing resources, air quality, Research (see EIS/OEIS aircraft and unmanned sediment and water Appendix A: Section A.3.3.1.1) aerial systems) detect, Other AFTT Areas 2 quality, and human localize, and prosecute submarines. resources At -sea testing to ensure VACAPES RC 1 systems are fully functional Emerging Mine in an open ocean Stressors to biological Countermeasure Technology environment. Test Involves Research (see EIS/OEIS the use of broadband 1AX RC 1 resources, air quality, Appendix A: Section A.3.3.1.2) acoustic sources on and human resources unmanned underwater vehicles. New NAVSEA Testing Activities Occurring Inside or. Outside the Coastal Zone Testing involves the GOMEX RC production or upgrade of 16 JAX RC unmanned underwater Stressors to biological NUWC Newport Unmanned Underwater Vehicle vehicles. This may include resources, air quality, Testing (see EIS/GEIS Appendix testing of mine detectioncapabilities, sediment and water A: Section A.3.2.4.9) evaluating the quality, and human basic functions of individual JAX RC 25 platforms, or complex resources events with multiple vehicles. Coastal Consistency Determination for North Carolina Page 8 Locations given are areas where activities typically occur. However, activities could be conducted in other locations within the Study Area. Where multiple locations are provided within a single cell, the number of activities could occur in any of the locations, not in each of the locations. e For activities where the maximum number of events varies between years, a range is provided to indicate the "representative–maximum" number of events. For activities where no variation is anticipated, only the maximum number of events within a single year is provided. c Refer to Appendix B of the Draft EIS/OEIS for full details regarding the stressors associated with each activity. Notes: AFTT: Atlantic Fleet Training and Testing; GOMEX: Gulf of Mexico; JAX: Jacksonville; NS: Naval Station; NUWC: Naval Undersea Warfare Center; RC: Range Complex; SFOMF: South Florida Ocean Measurement Facility Testing Range; VACAPES: Virginia Capes Coastal Consistency Determination for North Carolina Page 9 ,Ann a/. :Coastal Zone Activities Resources ' in Phase. PQterit/ally Activity ; ` ;Descr '' ion :` r . pfc` l,�titarfoia �' :Ty i1(� : Ajfecto Ships demonstrate JAX RC capability of Navy Cherry Point RC Northeast RC countermeasure systems 0-2 Stressors to biological SFOMF Undersea Warfare Testing (see and underwater resources, air quality, VACAPES RC EIS/OEIS Appendix A: Section surveillance, weapons sediment and water JAX RC A,3.2.6.9) engagement and quality, and human communications systems. resources Northeast RC This tests ships ability to 2 detect, track, and engage VACAPES RC undersea targets. Submarine Sea s – Submarine weapons and Northeast RC Stressors to biological JAX RC Weapons Systemm Testing (see T sonar systems are tested resources, air quality, EIS/GEIS Appendix A: Section pp at -sea to meet the 2 sediment and water — VACAPES RC A.3.2.6) integrated combat system quality, and human GOMEX RC certification requirements. q resources New Fleet.Training Activities Occurring Outsidd the Coastal Zone Naval forces defend against JAX RC 2 Integrated Live Fire {see a swarm of surface threats EIS/GEIS Appendix A Section (ships or small boats) with Stressors to biological A.2.9-10 bombs, missiles, rockets, VACAPES RC 2 resources and small-, medium- and large -caliber guns. New NAv/sEA Testing Activities Occurring of i* ,tire CoaoW Zone Large Ship Shock Trial (see Underwater detonations GOMEX RC EIS/GEIS Appendix A: Section against an aircraft carrier or JAX RC 0-1 ssors to biological F A.3.2.5.2) surface combatant. urces VACAPES RC Locations given are areas where activities typically occur. However, activities could be conducted in other locations within the Study Area. Where multiple locations are provided within a single cell, the number of activities could occur in any of the locations, not in each of the locations. e For activities where the maximum number of events varies between years, a range is provided to indicate the "representative–maximum" number of events. For activities where no variation is anticipated, only the maximum number of events within a single year is provided. c Refer to Appendix B of the Draft EIS/OEIS for full details regarding the stressors associated with each activity. Notes: AFTT: Atlantic Fleet Training and Testing; GOMEX: Gulf of Mexico; JAX: Jacksonville; NS: Naval Station; NUWC: Naval Undersea Warfare Center; RC: Range Complex; SFOMF: South Florida Ocean Measurement Facility Testing Range; VACAPES: Virginia Capes Coastal Consistency Determination for North Carolina Page 9 Table 3: Ongoing Training and Testing Activities Potentially Affecting North Carolina Coastal Zone Resources Coastal Consistency Determination for North Carolina Page 10 :e=:AiirtuYpl: gnnaal !Act}vldes .. Activit/es Coastal Zone :` ypfcal in Ptilrse °"in f1hose Resources. Activity_,..'`•Location° : Ills Potentially Affected` Ongoing Fleet Training Activities Occurring Inside qr.p 4W the Coastal Zone Small unit forces move from amphibious ships at Amphibious Raid (see EIS/OEIS sea for a specific short- Stressors to biological Appendix A: Section A.2.4.3) term mission. These are JAX RC 6 20 resources, air quality, quick operations with as and human resources few personnel as possible. Amphibious Ready Group exercises are conducted to validate the Marine Expeditionary Unit's Marine Expeditionary Unit readiness for deployment Stressors to biological Certification Exercise (see and include small boat Navy Cherry Point EIS/GEIS Appendix A: Section raids; visit, board, search, RC 2 5 resources, air quality, A.2.4.6) and seizure training; and human resources helicopter and mechanized amphibious raids; and non- combatant evacuation operations. Maritime Security Operations — Small boat crews engage in Stressors to biological Anti -Swimmer Grenades force protection activities resources, air and (see EIS/OEIS Appendix A: by using anti -swimmer VACAPES RC 4 S water quality, and Section 2.7,2) grenades to defend against human resources hostile divers. JAX RC Personnel locate mines, 56 78 Underwater Mine perform mine NSB Kings Bay VACAPES RC Countermeasure Raise, Tow, neutralization, raise and Stressors to biological James River and Beach and Exploitation tow mines to the beach, resources, air quality, Operations (see EIS/GEIS and conduct exploitation tributaries 290 446 and human resources Lower Chesapeake Appendix A: Section A.2.8.9) operations for Intelligence gathering. Bay York River Helicopter, surface ship, JAX RC 152 210 and small boat crews Navy Cherry Point conduct a suite of maritime RC 70 75 Maritime Security Operations security operations at sea, Stressors to biological (see EIS/OSIS Appendix A: to include visit, board, search and seizure; resources, air quality, Section A.2.9.13) maritime interdiction VACAPES RC 602 895 and human resources operations; force protection; and anti -piracy operations. Precision Anchoring (see Releasing of anchors in JAX RC 210 231 Stressors to biological EIS/OEIS Appendix A: Section designated locations. resources, air quality, A.2.10.2) VACAPES RC 640 710 and human resources Search and Rescue (see Helicopter and ship crews Stressors to biological EIS/OEIS Appendix A: Section rescue military personnel JAX RC 42 776 resources, air quality, A.2.10.3) at sea. I I and human resources Coastal Consistency Determination for North Carolina Page 10 Coastal Consistency Determination for North Carolina Page 11 Annual Annual. Activities Activities '. Coastal Zone Typical. kf Phase bi Phase Resources .. Activity'. tlescrlptiori .:.'.�. ;locgtfon° .:: .:. 11° ' ._ ill° Piotendally Affected Ongoing NAUSEA Activities Occurring Inside or.Outside the coastal Zone Anti-Submarine Warfare Ships and their supporting VACAPES RC g 26 Stressors to biological Mission Package Testing (see platforms (e.g., helicopters, resources, air quality, EIS/GEIS Appendix A: Section unmanned aerial systems) sediments and water detect, localize, and attack JAX RC 0 42 quality, and human submarines. resources Ongoing NAVAIR Activities Occurring Inside orOdIside the Coastal Zone Tests measure ship VACAPES RC 22 26 Shipboard Electronic Systems antenna radiation patterns Stressors to biological Evaluations (see EIS/OEIS and test communication resources, air quality, Appendix A: Section A.3.1.6.4) systems with a variety of JAX RC 3 24 and human resources aircraft. Intelligence, Surveillance, and Reconnaissance Test (see Aircrews use all available VACAPES RC 39 406 Stressors to biological Navy Cherry Point EIS/OEIS Appendix A: Section sensors to collect data on resources, air quality, q Y A.3.1.1.7) threat vessels. RC 0 9 and human resources Maritime patrol aircraft JAX RC 11 12 participate in maritime Navy Cherry Point 11 12 security activities and fleet training events. Aircraft Maritime Security (see identify, track, and monitor Stressors to biological EIS/OSIS Appendix A: Section foreign merchant vessels resources, air quality, A.3.1.6.3) suspected of non- VACAPES RC 11 20 and human resources compliance with United Nations-allied sanctions or conflict rules of engagement. An airborne mine hunting test of a laser-based mine detection system, that is operated from a helicopter Airborne Laser Based Mine (e.g., MH-60) and evaluates Detection System Test (see the system's ability to Stressors to biological EIS/0EIS Appendix A: Section detect, classify, and fix the VACAPES RC 33 50 resources, air quality, A.3.1.4.2) location of floating and and human resources near-surface, moored mines. The system uses a low energy laser to locate mines. Coastal Consistency Determination for North Carolina Page 11 Locations given are areas where activities typically occur. However, activities could be conducted In other locations within the Study Area. Where multiple locations are provided within a single cell, the number of activities could occur in any of the locations, not In each of the locations. b For activities where the maximum number of events varies between years, a range is provided to indicate the "representative—maximum" number of events. For activities where no variation Is anticipated, only the maximum number of events within a single year is provided. c Refer to Appendix B of the Draft EIS/OSIS for full details regarding the stressors associated with each activity. Notes: JAX: Jacksonville; NSB: Naval Submarine Base; RC: Range Complex; VACAPES: Virginia Capes ASSESSMENT OF APPLICABILITY OF POLICIES OF THE NORTH CAROLINA COASTAL ZONE MANAGEMENT PROGRAM The North Carolina Coastal Zone Management Program is based on a network of agencies implementing a number of policies meant to protect and enhance the state's natural and economic resources, The Navy reviewed each of North Carolina's enforceable policies and determined that five are applicable to the Proposed Action. Table 4 presents the policies that the Navy has determined not to be applicable to the Navy's Proposed Action. Policies in Table 4 are not addressed further. Coastal Consistency Determination for North Carolina Page 12 Annual Annual Activities Activities Coastal Zone Typical In Phase In Phase Resources Activity ' . Description Location° it ll? potentially A led. A test of the airborne mine neutralization system evaluates the system's ability to detect and destroy mines from an airborne mine Stressors to biological Airborne Mine Neutralization countermeasures capable resources, air quality, Systems Test (see EIS/GEIS helicopterne,e 60). VACAPES RC 33 25-45 sediments and water Appendix A: Section A.3.1,4.3) The airbornmmine a quality, and human neutralization system uses up to four unmanned resources underwater vehicles equipped with high - frequency sonar, video cameras, and explosive and non -explosive neutralizers. Ongoing Fleet Training Activities Occurring Outside the Coastal Zone Counter Targeting Chaff Fixed -wing aircraft and JAX RC 532 2,990 Stressors to biological Exercise —Aircraft (see helicopter aircrews deploy resources, air quality, EIS/OSIS Appendix A: Section chaff to disrupt threat Navy Cherry Point 686 1,610 and sediment and A.2.6.1) targeting and missile RC water quality uidance radars. Fixed -winged aircraft and JAX RC 318 1,900 Stressors to biological Counter Targeting — Flare helicopter aircrews deploy resources, air quality, Exercise see EIS/GEIS ( flares to disrupt threat p Navy Cherry Point 377 1,115 and sediment and Appendix A: Section A.2,6.3) infrared missile guidance RC water quality systems. Ongoing NAVSEA Testing Activities Occurring Outside the _Coastal Zone Small Ship Shock Trial (see Underwater detonations JAX RC Stressors to biological EIS/OEIS Appendix A: Section are used to test new ships 1 0-3 A.3.2.5.10) or major upgrades. VACAPES RC resources Locations given are areas where activities typically occur. However, activities could be conducted In other locations within the Study Area. Where multiple locations are provided within a single cell, the number of activities could occur in any of the locations, not In each of the locations. b For activities where the maximum number of events varies between years, a range is provided to indicate the "representative—maximum" number of events. For activities where no variation Is anticipated, only the maximum number of events within a single year is provided. c Refer to Appendix B of the Draft EIS/OSIS for full details regarding the stressors associated with each activity. Notes: JAX: Jacksonville; NSB: Naval Submarine Base; RC: Range Complex; VACAPES: Virginia Capes ASSESSMENT OF APPLICABILITY OF POLICIES OF THE NORTH CAROLINA COASTAL ZONE MANAGEMENT PROGRAM The North Carolina Coastal Zone Management Program is based on a network of agencies implementing a number of policies meant to protect and enhance the state's natural and economic resources, The Navy reviewed each of North Carolina's enforceable policies and determined that five are applicable to the Proposed Action. Table 4 presents the policies that the Navy has determined not to be applicable to the Navy's Proposed Action. Policies in Table 4 are not addressed further. Coastal Consistency Determination for North Carolina Page 12 Table 4: Enforceable Policies of North Carolina's Coastal Area Management Program Not Applicable to the Proposed Action The Estuarine and Ocean Systems The proposed activities will not impact coastal wetlands. (15A NCAC 07H.0205) (Coastal Wetlands) Ocean Hazard Areas The Study Area does not include these ocean hazard areas. (15A NCAC 7H Section .0300) Public Water Supplies The proposed activities will not impact water supplies. (15A NCAC 7H Section .0400) Natural and Coastal Resource Areas The proposed activities do not impact coastal complex natural (15A NCAC 07H.0506) areas, which are defined as "lands that support native plant (Coastal Complex Natural Areas) and animal communities..." Natural and Coastal Resource Areas The proposed activities do not impact unique coastal geologic (15A NCAC 07H.0507) formations, as defined in the regulation. (Unique Coastal Geologic Formations) Natural and Coastal Resource Areas This policy instructs state regulators how to evaluate permit (15A NCAC 07H .0508) (Use Standards) applications for development. Development Standards Applicable to The proposed activities do not involve development of coastal All AECs areas. (15A NCAC 7H Section .0600) Shoreline Erosion Policies The proposed activities do not affect shoreline erosion nor (15A NCAC 7M Section .0200) seek to remediate shoreline erosion. Shorefront Access Policies The proposed activities do not affect the ability of the public (15A NCAC 7M Section .0300) to access shorelines. Coastal Energy Policies The proposed activities do not include the construction of (15A NCAC 7M Section .0400) energy facilities. Post -Disaster Policies This directs state agencies how to undertake disaster planning (15A NCAC 7M Section .0500) and policymaking. Floating Structure Policies The proposed activities do not entail the use of floating (15A NCAC 7M Section .0600) structures for commercial or residential purposes. Mitigation Policy The proposed activities do not include development activities (15A NCAC 7M Section .0700) that require mitigation. Policies on Beneficial Use and The proposed activities do not include dredging or the Availability of Materials Resulting From disposal of dredged material. the Excavation or Maintenance of Navigational Channels (15A NCAC 7M Section .1100) Policies on Ocean Mining The proposed activities do not include ocean mining. (15A NCAC 7M Section .1200) County Land Use Plans The proposed activities do not include development on land. (15A NCAC 7B Section .0700) Coastal Consistency Determination for North Carolina Page 13 ANALYSIS OF ENFORCEABLE POLICIES APPLICABLE TO THE PROPOSED ACTION The following five policies of the North Carolina Coastal Zone Management Program are applicable to the Proposed Action. The analysis of the policies below is only for those parts of the policies that are relevant to the Proposed Action. The Estuarine and Ocean Systems — Estuarine Waters (15A NCAC 07H .0206) This policy seeks to conserve and manage the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing estuarine waters so as to maximize their benefits to man and the estuarine and ocean system. Consistency Analysis The proposed activities have the potential to impact water quality through the use of explosive munitions and the introduction of military expended materials into the aquatic environment. Contaminants and fragments from the use of explosives would remain near the release site and dilute within a short period of time, having no long-term effects on water quality. Analysis in Section 3.2.3.1 (Sediments and Water Quality — Explosives and Explosives Byproducts) of the Draft EIS/OEIS concluded that the impacts on sediments and water quality are expected to be minimal. Analysis In Section 3.2.3.2 (Sediments and Water Quality — Chemicals Other Than Explosives) concluded that, for properly functioning munitions, the chemical, physical, or biological changes in sediments or water quality would not be detectable. Analysis in Section 3.2.3.3 (Sediments and Water quality — Metals) concluded that the chemical, physical, or biological changes to water quality from expended materials would be similar to nearby areas without munitions or other expended materials. The proposed activities would not violate water quality standards. Based on the analyses and conclusions in Sections 3.4 (Invertebrates) and 3.6 (Fishes) of the Draft EIS/GEIS, there will be no decreased populations of invertebrates or fishes in the Study Area. Section 3.11 (Socioeconomics) of the Draft EIS/GEIS concluded that no loss of revenue or employment associated with commercial fishing would occur. On the occasions when the Navy plans activities that could conflict with public uses, the Navy provides advance notice of these activities through Notices to Mariners and Notices to Airmen. These advance notifications allow for planning and help to ensure safety. No long-term impacts on fisheries or commercial and recreational fishing is anticipated. Because the proposed activities would not lead to a noticeable change in Navy presence and the proposed locations for these activities do not differ much from historical use, it is unlikely that commercial and recreational activities would be noticeably affected by Navy activities. The Navy will be fully consistent with this policy. The Estuarine and Ocean Systems — Public Trust Areas (15A NCAC 07H.0207) This policy defines and establishes management objectives for public trust areas, in order to protect public rights for navigation, recreation, and to conserve and manage public trust areas in a manner that safeguards and perpetuates their biological, economic, and aesthetic values. Consistency Analysis Public rights for navigation and recreation of public trust waters would be protected as no loss of public trust waters would result from the proposed activities. The proposed activities would not cause a Coastal Consistency Determination for North Carolina Page 14 change in the public's current ability to access coastal resources. On the occasions when the Navy plans activities that could conflict with public uses, the Navy provides advance notice of these activities through Notices to Mariners and Notices to Airmen. These advance notifications allow for planning and help to ensure safety. No long-term impacts on fisheries or commercial and recreational fishing is anticipated (Section 3.11 [Socioeconomics] of the Draft EIS/OEIS). Because the proposed activities would not lead to a noticeable change in Navy presence, and because the proposed locations for these activities do not differ much from where similar activities have historically occurred, it is unlikely that commercial and recreational activities would be noticeably affected by Navy activities requiring area restrictions. The Navy will be fully consistent with this policy. Natural and Cultural Resource Areas — Coastal Areas That Sustain Remnant Species (16A NCAC 07H .0606) Coastal areas that sustain remnant species are those areas that support native plants or animals determined to be rare or endangered (synonymous with threatened and endangered), within the coastal area. Consistency Analysis The Study Area does not contain areas in North Carolina's coastal waters that support endangered plants or their habitat. Navy activities are conducted in accordance with permits and authorizations granted under the federal Endangered Species Act (ESA) (16 U.S.C. section 1536) and Marine Mammal Protection Act (MMPA) (16 U.S.C. section 1371). Thus, the Navy is consistent with this policy with respect to species also regulated by the ESA and MMPA. To the extent that state policies attempt to regulate the take of marine mammals protected by the MMPA, those policies are preempted by MMPA section 9(a), which explicitly prohibits any state from enforcing any law or regulation regarding the take of marine mammals. Additionally, the ESA does not contain a waiver of sovereign immunity, so states may not directly regulate federal activity via state laws protecting certain species. Furthermore, CZMA does not in and of itself authorize the application of state permit requirements to federal agencies. Based on the foregoing, the discussions below are provided for resources other than marine mammals. The proposed activities have the potential to temporarily impact localized natural areas. Sections 3.5.3 (Habitats — Environmental Consequences) and 3.5.4 (Summary of Potential Impacts on Habitats) of the Draft EIS/OEIS show that the combined impact area of physical disturbance and strike stressors proposed for training and testing activities would not impact the ability of natural areas to serve their function as habitat. Sections 3.5.3 (Environmental Consequences — Habitats) and 3.5.4 (Summary of Potential Impacts on Habitats) of the Draft EIS/OEIS show that water column habitat may be affected by acoustic activities for some wildlife species. The analyses concluded that the proposed training and testing activities would have no substantial impact on the ability for the water column to serve its function as habitat for marine species. Marine species (e.g., sea turtles and fishes) may be affected by sound or explosions at the water's surface or below the surface in the vicinity of the sound source or explosion. Analyses in Sections 3.8 (Reptiles) and 3.6 (Fishes) of the Draft EIS/OEIS concluded that the majority of these effects would be temporary behavioral reactions. There is a remote possibility that marine species could be injured through physical contact with military expended material such as munitions, exercise targets, parachutes, etc. Analyses in Sections 3.8 (Reptiles) and 3.6 (Fishes) of the Draft EIS/OEIS concluded that Coastal Consistency Determination for North Carolina Page 15 this is highly unlikely. For sea turtles, mitigation measures are employed to reduce the potential for impacts (Chapter 5 [Mitigation) of the Draft EIS/OSIS). Impacts may temporarily affect marine productivity near the impact area, however no population -level impacts are anticipated. The Navy will be fully consistent with this policy. Natural and Cultural Resource Areas -- Significant Coastal and Archaeological Resources (11 SA NCAC 07H.0509) Significant coastal archaeological resources are defined as areas that contain archaeological remains (objects, features, and/or sites) that have more than local significance to history or prehistory. Any activities which would damage or destroy the fragile contents of a designated site's surface or subsurface shall be expressly prohibited until an archaeological investigation and subsequent resource management plan has been implemented. Consistency Analysis The Navy routinely avoids locations of known obstructions, including submerged historic and cultural resources such as historic shipwrecks. Analysis in Section 3.10 (Cultural Resources) of the Draft EIS/OSIS concluded that activities with explosives and physical disturbance and strike stressors could inadvertently impact submerged prehistoric sites and unrecorded submerged historic resources by disrupting the bottom and sub -bottom structure near submerged prehistoric sites and snagging, damaging, or destroying unrecorded submerged historic resources. The Navy will consult with North Carolina's State Historic Preservation Office to ensure compliance with Section 106 of the National Historic Preservation Act. If unrecorded submerged historic resources are discovered later, the Navy will reopen consultation. The Navy will be fully consistent with this policy. Coastal Water Quality Policies (15A NCAC 07M Section .0800) The waters of the coastal area are a valuable natural and economic resource of statewide significance. It is hereby declared that no land or water use shall cause the degradation of water quality so as to impair traditional uses of the coastal waters. Consistency Analysis The proposed activities have the potential to impact water quality through the use of explosive munitions and the introduction of military expended materials into the aquatic environment. Contaminants and fragments from the use of explosives would remain near the release site and dilute within a short period of time, and would have no long-term effects on water quality. Analysis in Section 3.2.3.1 (Sediments and Water Quality— Explosives and Explosives Byproducts) of the Draft EIS/OSIS concluded that the impacts on sediments and water quality are expected to be minimal. Analysis in Section 3.2.3.2 (Sediments and Water quality — Chemicals Other Than Explosives) concluded that, for properly functioning munitions, the chemical, physical, or biological changes in sediments or water quality would not be detectable. Analysis in Section 3.2.3.3 (Sediments and Water Quality—Metals) concluded that the chemical, physical, or biological changes to water quality from expended materials would be similar to nearby areas without munitions or other expended materials. The proposed activities would not violate water quality standards. Coastal Consistency Determination for North Carolina Page 16 The Navy will be fully consistent with this policy. CONCLUSION The Navy has reviewed North Carolina's Coastal Zone Management Program and determined that five policies are applicable to the Proposed Action, as analyzed above. As described in Table 4, all other policies do not apply to the proposed activities. The Navy reviewed its proposed activities for how and to what degree the activities in or near the coastal zone could affect North Carolina's coastal uses and resources. Potential impacts could result from activities occurring in the VACAPES Range Complex; the Navy'sJAX Range Complex and the associated Charleston OPAREA; the offshore areas of the Navy's Cherry Point Range Complex; the inland waters of Wilmington, NC and Morehead City, NC; and Other AETT Areas. The Navy would reduce the impacts from proposed activities on coastal zone uses and resources by adhering to standard operating procedures (Section 2.3.3 [Standard Operating Procedures] of the Draft EIS/OSIS) and implementing environmental mitigation measures (Chapter S [Mitigation] of the Draft EIS/OSIS). Analysis in Chapter 3 (Affected Environment and Environmental Consequences) of the Draft EIS/OSIS addresses potential impacts on environmental resources in greater detail. The Navy will be fully consistent with the policies of the North Carolina Coastal Zone Management Program. Coastal Consistency Determination for North Carolina Page 17