Alternative Energy Draft EA - NASA Visitor Center at Wallops Flight ...

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3.3.3 Environmental Justice Affected Environment The goal of environmental justice from a Federal perspective is to ensure fair treatment of people of all races, cultures, and economic situations with regard to the implementation and enforcement of environmental laws and regulations, and Federal policies and programs. EO 12898, Federal Action to Address Environmental Justice in Minority Populations and Low Income Populations, (and the February 11, 1994, Presidential Memorandum providing additional guidance for this EO) requires Federal agencies to develop strategies for protecting minority and low-income populations from disproportionate and adverse effects of Federal programs and activities. The EO is “intended to promote non-discrimination in Federal programs substantially affecting human health and the environment.” Accomack County is on the lower end of income measures in the region, with a 2005 median family income of $32,837. As a result, the county is also on the higher end of poverty levels in the region based on U.S. Census Bureau data reports. The per capita income in Accomack County in 2007 was reported to be $18,468, with an estimated 18.0 percent of people below the poverty level (U.S. Census Bureau, 2008b). The per capita income in the Commonwealth of Virginia in 2007 was reported to be $28,255, with an estimated 9.9 percent of people below the poverty level statewide (U.S. Census Bureau, 2008b). In order to ensure compliance with Executive Order 12898, NASA prepared an Environmental Justice Implementation Plan (EJIP) in 1996. NASA evaluated the demographic information in the vicinity of WFF and identified areas that have a higher concentration of minority persons and low-income persons based on federal guidelines. The EJIP also includes an evaluation of all programs at WFF, including tenant activities that could potentially affect human health and the environment. The EJIP demonstrates that NASA will continue to incorporate environmental justice in all its activities and monitor all programs to determine any potential environmental justice impacts on persons in the area. The EPA’s Environmental Justice Coordinators Council has defined minority communities as those exceeding a 50 percent minority population. Table 19 provides a review of Accomack County Census data used to determine the baseline for the facility’s EJIP. Table 19: Environmental Justice Concerns – by Census Tract, Accomack County, VA Tract Location 9901 MD/VA line south including Fisher’s Point 9902 MD/VA line south including Wallops Island to Assawoman Inlet 9903 West of 9902 and 9904, MD/VA line south to Ann’s Cove Road 9904 East of Mears Station Road, South of 9902 south to Horseshoe Lead Source: NASA, 2008a Percent Minority Percent Low Percent 2000 Income 2000 Poverty 2000 1.97 51.53 12.80 41.75 49.96 16.38 24.66 55.94 19.28 59.14 51.61 27.14 78
Affected Environment Chincoteague Island, at approximately 13 kilometers (8 miles) northeast of Wallops Island, is the closest incorporated town to WFF. No minority or low-income communities exist on the portion of Chincoteague Island that lies within a 4-kilometer (2.5-mile) radius of Wallops Island. EO 13045, Protection of Children from Environmental Health Risks and Safety Risks, encourages Federal agencies to consider the potential effects of Federal policies, programs, and activities on children. The closest day care centers, schools, camps, nursing homes, and hospitals are addressed within the EJIP. 3.3.4 Aviation Safety Requirements FAA regulates structures that may pose a threat to aviation safety. A sponsor proposing any type of construction or alteration of a structure that may affect the National Airspace System is required under the provisions of 14 CFR 77 to notify the FAA by completing the Notice of Proposed Construction or Alteration form (FAA Form 7460-1). The form should be sent to the Obstruction Evaluation service. Any temporary or permanent structure, including all appurtenances, that exceeds an overall height of 61 meters (200 feet) above ground level or exceeds any obstruction standard contained in 14 CFR 77, should normally be marked and/or lighted. However, an FAA aeronautical study may reveal that the absence of marking and/or lighting will not impair aviation safety. Conversely, the object may present such an extraordinary hazard potential that higher standards may be recommended for increased conspicuity to ensure safety to air navigation. FAA Advisory Circular AC 70/7460-1K provides requirements for obstruction (wind turbines are included in the “obstruction” category) marking and lighting that (FAA, 2007). 3.3.5 Cultural Resources The National Historic Preservation Act (NHPA) of 1966, (P.L. 89-665; 16 U.S.C. 470 et seq.) as amended, outlines Federal policy to protect historic properties and promote historic preservation in cooperation with other nations, Tribal governments, States, and local governments. The NHPA established the National Register of Historic Places (NRHP) and designated the State Historic Preservation Office (SHPO) as the individual responsible for administering State-level programs. The NHPA also created the Advisory Council on Historic Preservation (ACHP), the Federal agency responsible for overseeing the Section 106 process and providing commentary on Federal activities, programs, and policies that affect historic properties. Section 106 of the NHPA and its implementing regulations (36 CFR 800) outlines the procedures for Federal agencies to follow to take into account their actions on historic properties. The Section 106 process applies to any Federal undertaking that has the potential to affect historic properties, defined in the NHPA as those properties that are listing in or eligible for listing in the NRHP. Under Section 106, Federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking, assessing the effects of the undertaking on those historic properties, if present, and considering ways to avoid, minimize, and mitigate any adverse effects. Because Section 106 of the NHPA is a process by which the Federal government assesses the effects of its undertakings on historic properties, it is the primary regulatory framework that is utilized in the NEPA process to determine impacts on cultural resources. 79
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DRAFT ENVIRONMENTAL ASSESSMENT WALL
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INTRODUCTION Executive Summary This
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Executive Summary increase the over
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Executive Summary Resource Proposed
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TABLE OF CONTENTS EXECUTIVE SUMMARY
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TABLE OF CONTENTS 5.2.1 Post-Constr
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TABLE OF CONTENTS Figure 4: Potenti
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ACHP Advisory Council on Historic P
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NPS National Park Service NRHP Nati
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Mission, Purpose and Need, Backgrou
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Mission, Purpose and Need, Backgrou
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1.4.2 Need Proposed Action and Alte
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Proposed Action and Alternatives Fi
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Proposed Action and Alternatives 2.
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Residential-Scale Turbines Proposed
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Proposed Action and Alternatives mo
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2.3 PROPOSED ACTION AND ALTERNATIVE
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4.4.4 Transportation No Action Alte
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Environmental Consequences projects
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4.6 PERMITS, LICENSES, AND APPROVAL
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Mitigation and Monitoring 5.2.1 Pos
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Mitigation and Monitoring would be
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Agencies, Organizations, and Person
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NASA WFF Technical Library Building
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Name Organization Other Organizatio
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References Cohen, J.B., S. Karpanty
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References Kunz, T.H., E.B. Arnett,
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References Richardson, D.L. 1992. H
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References USFWS. 2009c. Northeaste
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