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