3 ECP - NALFF- AgLease FU1 - FY20_PWO signed.pdf

Environmental Condition of Property (ECP) Checklist Page 1 of 9

Revised March 2018 NAVFAC MID-ATLANTIC

Title: NALF Fentress Agricultural Lease - Fentress Unit 1

Installation: NAS Oceana

Parcel/Site Location and Description: NALF Fentress

Proposed Real Estate Action Description:

Succeeding Agricultural lease action for previously leased parcels. Approximately 326.8 +/- acres of farmland.

Site Summary Information

1. Information regarding site uses and any hazardous materials, contamination, or conditions. All available and pertinent files, records, reports and aerial photographs were reviewed and, where necessary, a site inspection and/or personal interviews were conducted to document the environmental conditions of the property to support the proposed real estate action. A summary of the conditions, sources of information (including location), and any required use restrictions is provided for each environmental condition.

A. Parcel/Site Uses:

Prior Uses: Agriculture (Majority since at least 1983)

Current Uses: Agriculture

Future Uses: Agriculture

B. Contaminants: Unknown

If yes, identify contaminant & media:

Source of information: Environmental Checklist (EC) dated 3/19/2020

Restrictions or Land Use Controls: Yes

If yes, please identify and explain in detail in Section 2 below.

C. Hazardous Materials Use: Yes

Hazardous Materials Storage: No

Type of HM: Pesticides

Type of Use and/or Storage: Ground and aerial application

Source of information: Environmental Checklist (EC) dated 3/19/2020

Restrictions or Land Use Controls: No

If yes, please identify and explain in detail in Section 2 below.

D. Treatment, Storage, Disposal of Hazardous Waste: Unknown

Source of information: Environmental Checklist (EC) dated 3/19/2020

Restrictions or Land Use Controls: No

If yes, please identify and explain in detail in Section 2 below.

E. Underground Storage Tanks: No

UST No. Gals.

Environmental Condition of Property (ECP) Checklist Page 2 of 9

Source of information: Environmental Checklist (EC) dated 3/19/2020

Restrictions or Land Use Controls: No

If yes, please identify and explain in detail in Section 2 below.

F. Above-Ground Storage Tanks: No

AST No. Gals.

Source of information: Environmental Checklist (EC) dated 3/19/2020

Restrictions or Land Use Controls: No

If yes, please identify and explain in detail in Section 2 below.

G. Presence of Polychlorinated Biphenyl's (PCB's): Unknown

Source of information: Environmental Checklist (EC) dated 3/19/2020

Restrictions or Land Use Controls: No

If yes, please identify and explain in detail in Section 2 below.

H. Asbestos: Unknown

If yes:

Source of information: Environmental Checklist (EC) dated 3/19/2020

Restrictions or Land Use Controls: No

If yes, please identify and explain in detail in Section 2 below.

I. Lead Paint: Unknown

Source of information: Environmental Checklist (EC) dated 3/19/2020

Restrictions or Land Use Controls: No

If yes, please identify and explain in detail in Section 2 below.

J. Radon: Unknown

Source of information: Environmental Checklist (EC) dated 3/19/2020

Restrictions or Land Use Controls: No

If yes, please identify and explain in detail in Section 2 below.

K. Radiological Materials: Unknown

Source of information: Environmental Checklist (EC) dated 3/19/2020

Restrictions or Land Use Controls: No

If yes, please identify and explain in detail in Section 2 below.

L. Solid/Bio-Hazardous Waste: Unknown

Environmental Condition of Property (ECP) Checklist Page 3 of 9

Source of information: Environmental Checklist (EC) dated 3/19/2020

Restrictions or Land Use Controls: No

If yes, please identify and explain in detail in Section 2 below.

M. Munitions and Explosives of Concern: No

Source of information: Environmental Checklist (EC) dated 3/19/2020

Restrictions or Land Use Controls: No

If yes, please identify and explain in detail in Section 2 below.

N. Threatened or Endangered Species: Yes

Source of information: EV Checklist dated 3/19/2020 and Installation Integrated Natural Resources Management Plan.

Restrictions or Land Use Controls: Yes

If yes, please identify and explain in detail in Section 2 below.

O. Natural or Cultural Resources: Yes

Source of information:

EV Checklist dated 19 Mar 2020; Installation Integrated Natural Resources Management Plan (INRMP); and Installation Integrated Cultural Resources Management Plan (ICRMP).

CR: As stated on the EC, ground-disturbing activities are limited to typical farming actions including tilling, etc. Any disturbances will be superficial and surface actions. Therefore, no adverse impacts to archaeological resources are anticipated. If any unidentified archaeological resources are discovered during land disturbing activities (ie bones, pottery, arrowheads, etc), please cease work in the immediate area of the find and contact the NAS Oceana Cultural Resources Manager for proper coordination.

Restrictions or Land Use Controls: Yes

If yes, please identify and explain in detail in Section 2 below.

P. Use of Adjacent Property:

Current Use: Navy/governmental, Commercial, Rural and residential

Past Use: Navy/governmental, Commercial, Rural and residential

Source of information: GRX

Restrictions or Land Use Controls: No

If yes, please identify and explain in detail in Section 2 below.

Q. Has the site had any Notices of Violation? No

If yes, please explain:

Source of information: EPR/NOV Web

Restrictions or Land Use Controls: No

Environmental Condition of Property (ECP) Checklist Page 4 of 9

R. Additional information or comments regarding questions shown above (attach sheet(s) if additional room is needed):

CATEX 32 applies to this action.

SECTION B: CERCLA: Several acres were removed from one of the lease areas due to a historical per- and polyfluorinated alkyl substance (PFAS) release to the environment; this site investigation is ongoing and this area should remain out of the lease for this renewal.

Groundwater in several areas of the Ag lease contain per- and polyfluoroalkyl substances (PFAS). PFAS are man-made chemicals that have been used since the 1950s in many household and industrial products. Historical releases of PFAS into the environment at NAS Oceana may have occurred because of past Navy use of a fire-fighting foam, known as aqueous film-forming-foam or AFFF. There are currently no federal regulations related to PFAS release into the environment or to PFAS uptake in crops. The United States Environmental Protection Agency has issued a Lifetime Health Advisory for two of the most common PFAS (i.e., Perfluorooctanesulfonic Acid (PFOS) and Perfluorooctanoic Acid (PFOA)) when found in drinking water.

Groundwater in several areas of the lease property contains PFOS and/or PFOA above the EPA Lifetime Health Advisory.

Groundwater should not be used for consumption or crop irrigation without further evaluation. Further, construction or other activities requiring dewatering should not occur without further Navy evaluation. The extent of PFAS contamination in other media (e.g., soil, sediment, and surface water) is also unknown at this time. Additional investigations of groundwater, surface water, sediment, and soil within and in the vicinity of the lease areas are expected to take place in 2020-2026. Samples will be collected and monitoring wells will be installed and sampled. For additional information regarding PFAS, please see: https:// www.epa.gov/pfas and https://www.fda.gov/food/chemicals/and-polyfluoroalkyl-substances-pfas.

Additional items for consideration:

1. Navy reserves a right of entry to install monitoring wells and to sample soil, sediment, groundwater, and surface water as it deems necessary, in its own discretion.

2. Groundwater shall not be utilized for irrigation purposes within AG lease areas.

SECTION N:

Multiple State Listed Species are known to occur on site (several bat species). One Federally listed bat species is known to occur on site. Vegetation clearing and maintenance of non-crop vegetation should be conducted in Nov, Dec, Jan, and/or Feb. If Endangered Species Act protected species are confirmed to roost or hibernate in vegetation associated with an agricultural lease, protection will be afforded to the associated roost/hibernation tree or structure. See requirements section of this ECP for additional details.

SECTION O (Natural Resources):

Confirmed wetlands occur within and adjacent to these properties. Soil and water conservation goals on this property include control of surface run-off and concurrent reduction in soil erosion, sedimentation and nutrient loading.

Some agricultural lands do fall within the Chesapeake Bay Watershed. The remaining fall within the Owls Creek or Southern Watersheds. The same protections afforded to the Chesapeake Bay Watershed are recommended for the Owl's Creek and Southern Watersheds.

The installation is within the quarantine zone for several non-native pest fauna species (invertebrate). Of these species the most likely to occur and potentially impact the work zone is the imported fire ant. See the requirements section of this ECP for additional details.

This base is known to have poisonous plants (i.e., poison ivy), venomous snakes (i.e., copperhead and cottonmouth), bees/ wasps/hornets, ticks, mosquitoes, bear, and rabid animals. Note: The installation does have informational brochures on venomous snakes and zoonotic diseases, available upon request to NRM.

Source of information: EV Checklist dated 19 Mar 2020; Installation Integrated Natural Resources Management Plan;

Restrictions or Land Use Controls: Yes

Environmental Condition of Property (ECP) Checklist Page 5 of 9

2. List of Restrictions or Land Use Controls (if any) required for Real Estate Action:

1. Vegetation Management for Airfield Safety:

a. Crop heights should not exceed the airfield's height obstruction glide slope safety requirements.

b. Methodologies should be utilized that reduce the attraction of wildlife to agricultural fields during planting and harvesting activities. For example: discing of soil prior to planting is recommended to be conducted at night, whenever possible to reduce the affinity of exposed ground and food sources for birds; when harvesting crops, spillage should be minimized and cleaned up promptly; etc.

c. Minimize or avoid growing crops that would attract wildlife to agricultural fields that could cause a bird/animal aircraft strike hazard (BASH) on the airfield.

d. Crop location, planting, and harvesting schedules are to be provided to the NAS Oceana NRM 757-433-3461 and the AODO at Oceana_aodo_kntu@navy.mil or 757 433-2161/3. These schedules should be provided a minimum of three (3) business days (within a minimum of 72 hours) of field preparation, planting and harvesting each season.

e. Due to proximity to aircraft air space and helicopter landing sites, any storage structures or laydown area materials should be housed in a way to minimize its attraction to wildlife that could pose a BASH concern on the installation. Areas of Mounded materials are very inviting to nesting or perching birds and to rodents which also attract larger animals to the area (prey/ predator relationship). Also, to reduce BASH concerns, all outdoor trash receptacles (particularly those where food based trash is disposed) on site must be secured (lids/doors closed) at all times to avoid the attraction of wildlife to the site.

2. Virginia Department of Health (VDH) Source Water Assessment has identified buffer protection zones for drinking water wells near FU1 (this lease does not impact the 1000' buffer). No planting or pesticides shall be applied within 1,000 feet of drinking water wells. Maintain a minimum 1000 feet buffer around the installations potable water wells.

3. Lease Soil and Water Conservation Plan Requirements:

a. A conservation cropping system shall be established to include minimum tillage.

b. Maintenance of ditches, vegetated ditch buffers and culverts is the responsibility of the lessee (subject to inspection at any time during the term of the lease) and shall include the following:

- Mowing of ditches and ditch banks is required every other year of the lease. Mowing should be completed by 31 December of the expiring lease year. If this poses a problem for the lessee, lessee should notify the NAVFAC MID-ATLANTIC Natural Resources Specialist/Agricultural Program Manager at 757-341-1656.

- No-tilled strips/Vegetation buffer strips, a minimum of three (3) feet wide, shall be encouraged along edges of ditch banks to prevent soil sloughing into ditches, and to serve as erosion control filter strips. Width of no-tilled strips will be strictly enforced. Width of no-tilled strips are measured from the top of the ditch bank and away from the ditch, towards the crop.

Lessee shall avoid “ scalping” ditch banks to avoid eroding ditch banks. To avoid scalping, vegetation should not be cut shorter than 6 inches in these no-till strips.

- If seeding/planting of these ditches and buffers is needed to reduce erosion issues, the following species are authorized for use: Virginia Wildrye (Elymus virginicus); Purpletop/redtop (Tridens flavus); Broomsedge (Andropogon virginicus);

Axonopus furcatus (Big Carpetgrass); Setaria parviflora (Knotroot Foxtail, Knotroot Bristlegrass); Danthonia spicata (Poverty Oatgrass); and Piptochaetium avenaceum (Eastern Needlegrass/Blackseed Speargrass).

- Boundary ditches are considered lease area to the ditch center-line.

- Ditch and buffer mowing must be completed in the months of Nov, Dec, Jan and/or Feb. If this poses a problem for the lessee, lessee should notify the NAVFAC MID-ATLANTIC Natural Resources Specialist/Agricultural Program Manager at 757-341-1656.

c. Any acreage not cropped shall be seeded to a cover crop of hay or silage for protection and erosion control. If land is left fallow, crop residue shall be left on the soil surface as a winter cover to provide mulch and soil improvement until seedbed preparation the following spring. However, fallow mulch materials, must not contain seed that would attract wildlife to the site

Environmental Condition of Property (ECP) Checklist Page 6 of 9 that would created a Bird/Animal Aircraft Strike Hazard or it must adequately cover seed so that it is not easily observed. Mulch materials must not be able to be blown around and become debris on the airfield runways and taxiways. Minimum tillage practices are encouraged.

d. Plowing is not authorized. Discing is only authorized up to 6.4 inches below the surface. Tillage should be minimized and should meet the USDA-Natural Resources Conservation Service's (NRCS') definition of a no-till program.

e. All conservation practices shall be performed in accordance with standard specifications of the USDA-NRCS. The Lessee shall utilize the technical services of the local Field Office located at the Municipal Center, Chesapeake, Virginia, in the design, layout, construction, and supervision of the conservation practices performed. All improvements shall become the property of the government at the expiration of the lease.

f. Soil fertility shall be maintained at the optimum level for the crops that are to be grown. USDA NRCS should be notified if nutrient deficiencies arise. USDA NRCS or the Virginia Tech Extension Service can assist in making fertilizer and lime recommendations that will be sufficient to maintain adequate pH levels and soil fertility. USDA NRCS, NAVFAC ML Agricultural Program Manager and Installation Natural Resources Manager (NRM) should be consulted to develop an approved plan of action to resolve the nutrient deficiency requiring actions beyond fertilizer and lime recommendations. Farmers should minimize and avoid phosphorus based fertilizers. Farmers should provide the Navy copies of nutrient management recommendations provided by USDA NRCS, Virginia Tech, or other outside entity prior to implementing the recommendations.

-The use of Hampton Roads Sanitation Division’s biosolids disposal program will be approved on a case-by-case scenario.

Coordination of this program must be made, 30 days prior to application with the NAVFAC MID-ATLANTIC Agricultural Lease Manager

g. A minimum of quarterly, inspections by the Government Representatives of the Navy in administering the Soil and Water Conservation Plan will be conducted to evaluate compliance with these conditions and other environmental requirements. An annual report will be prepared by the NAVFAC ML EV22 Agricultural Program Manager based on the quarterly inspections.

h. Plan should address above requirements, and may also include additional requirements (some of which may be listed below).

4. Wildlife/Protected Species Management:

a. Non-crop vegetation (ditch clearing, vegetated ditch buffer maintenance, access-way trimming, etc.) removal is limited to the months of Nov, Dec, Jan, and Feb.

b. Endangered Species Act protected species confirmed to roost or hibernate in vegetation associated with an agricultural lease, will be afforded protection as appropriate to maintain compliance with the law.

c. Any state or federal listed species observed on site should be reported to the Installation Natural Resources Manager (NRM) as soon as possible, but no later than 24 hours. Report observation: date, time of day, species, and location.

d. During and/or within 24 hours of planting and harvesting crops, and after non-crop maintenance activities the area worked should be surveyed to identify dead or injured wildlife. Report of dead or injured wildlife should be submitted to the Installation's Natural Resources Manager (NRM).

e. Anticipate a 10% crop loss due to wildlife damage.

f. Notify the Navy when (dates and times) and where (locations) bee hives are going to be brought on and placed on base for pollination efforts. Provide hive species information. Hives must be disease free before coming on base.

g. Hunting:

- Small Game Hunting on the ag-leased and adjacent lands is permitted and managed by the Installation Natural Resources Program. Hunting within ag-leased lands will be coordinated with the lessee. Excessive damage caused by these activities must be reported immediately to the NRM.

- Deer hunting is authorized on land adjacent to leased properties from 01 Oct thru the 1st weekend in January, annually.

The Installation's Deer hunting program follows the State Hunting season dates; however, hunting is not authorized on

Environmental Condition of Property (ECP) Checklist Page 7 of 9

Sundays on the Installation. It is recommended lessee and employees wear fluorescent orange vests while working in or adjacent to hunting areas.

h. When conducting work at night:

- Lighting should not be directed towards the sky.

- Light-bulbs to be installed should be a color temperature of no more than 3000 Kelvins (NO blue-rich white lights).

Utilizing “warm-white” or filtered LEDs can meet this requirement.

i. Feeding, harboring, harassment, collecting, killing, and/or releasing of animals/wildlife (this also includes feral animals) and plants (except lessee crops) on the installation is prohibited without obtaining authorized permits. Precautions should be taken to prevent negative impacts from coming in contact with wildlife. Do not approach wildlife, do not try to touch or relocate wildlife, DO NOT KILL wildlife. Contact the base dispatch or CDO and they will contact the Natural Resources Office to come out and take care of the wildlife concern (animals only, not plants).

5. No equipment nor materials should be stored in the dripline of a tree.

6. Invasive Species/Noxious Weed/Pest Management:

a. On base soil/sludge/organic material removed from any projects on base should be disposed of appropriately off base.

b. Materials on base should not be relocated anywhere on base beyond its originating location.

c. Soil/hay/sand/plants/mulch/etc. brought on base should be certified clean (contaminant and noxious weed free, USDA has noxious weed certification processes associated with hay, mulch, plants, and some sizes of gravel).

d. Equipment should be clean (no visible soil, plant or animal material) prior to arriving on base to avoid introduction of new or spread of existing non-native invasive species to the base/location. After working at this site, equipment should also be cleaned prior to working in any other location/site on or off base.

e. Lessee is required to control and/or eradicate Federal and State listed noxious weeds and other non-native invasive flora and invertebrate fauna occurring within their leased properties.

- If the lessee observes such species on the leased land and/or lands adjacent to their leased property, they should notify the NAVFAC MIDLANT Agricultural Program Manager and the NRM within 48 hours of initial observation.

- If feral hogs are found or suspected on the leased property, immediately notify the Installation NRM and if possible obtain photographic evidence of their presence.

f. Pesticide use for insect, disease, or weed control:

- The application of pesticides on Navy property must be performed by DoD-certified or Virginia state certified commercial-applicators (for contracted personnel). The Installation Pest Management Coordinator will require a copy of the certification of all pesticide applicators prior to pesticides being used.

- In accordance with Navy regulation, pesticide applications and surveillance activities performed on Navy property must be entered in the Navy Online Pesticide Reporting System (NOPRS). Contact the Base Environmental (433-3435) office for guidance on the use of NOPRS.

- In addition, prior to their use, pesticides must be placed on the Authorized User List (AUL). Notify the Pest Management Coordinator (433-8989) when new products are desired to be used to request a modification to the existing AULs, or if an AUL needs to be established.

- Pesticides shall be approved and registered by the Environmental Protection Agency for the crops being grown and or the pests being treated.

- A spray plan should be submitted to the Navy for approval prior to application.

- Mixing of pesticides is allowed on site if the lessee uses spill containment equipment. Storing of pesticides on site is not allowed.

Environmental Condition of Property (ECP) Checklist Page 8 of 9

- All pesticide containers must be disposed of in accordance with Resource Conservation and Recovery Act (RCRA) regulations and Navy Policy. Containers must be RCRA empty (pesticide < 1”) before they can be disposed of as solid waste. Any waste container with > 1” pesticide must be treated as hazardous waste (HW). Contact installation environmental office (757-433-3435) if the containers become HW.

-The Lessee shall report all farm chemical spills, leaks or releases to NAS Oceana via the emergency coordination number at 757-433-9111 and to the NAS Oceana’s Natural Resources Specialist at 757-433-3461.

- If the Lessee finds it necessary to apply approved pesticides by aerial application of pesticides, the Lessee must have approval of NAVFAC Atlantic's Applied Biologist at 757-322-4882, NAVFAC MIDLANT's Agricultural Program Manager at 757-341-1656, and the NAS Oceana’s NRM at 757-433-3461, 72 hours in advance of the anticipated spray application. This approval / notification must be direct contact and not voice mail message. Notification shall include POC for the Crop Dusting pilot, date, time and location of the spray application.

- The pilot of the crop dusting aircraft shall contact the NAS Oceana Air Operations Duty Officer (757-433-2163) prior to takeoff to update ETA and location, and coordinate with Air Traffic Control (757-433-3471). The Pilot shall contact the NTU Tower prior to entering the Class Delta airspace and receive clearance to begin the spray operations. The Air Operations Officer will determine whether to cancel or reschedule the operation.

- The lessee is responsible for removal of all debris, refuse, garbage, pesticide containers, and unused residue of farm operations from the leased area and the Installation.

- Lessee shall coordinate at least three (3) business days (minimum of 72 hours) prior to bringing equipment and/or chemicals onto the installation, with the NAS Oceana’s Natural Resources Manager (NRM) at 757-433-3461. In the event that the lessee experiences a delay or problem caused by the Navy, they must immediately notify the NAS Oceana NRM to resolve the problem at 757-433-3461.

Environmental Condition of Property (ECP) Checklist Page 9 of 9

3. Signature:

Based on the records reviews, site inspections, and interviews conducted for the proposed real estate action, the environmental conditions of the property are as stated in this document and this property is suitable for outgrant or transfer with the inclusion of the restrictions or Land Use Controls (if any) identified above.

ECP Checklist Preparer:

Print Name

Blake Waller

Date

3/20/2020

PWD Environmental:

Signature Title

Installation Environmental Program Director

Print Name

Blake Waller

Date

Mar 26, 2020

Environmental Professional (EBL(EV3)):

Signature Title

Midlant Environmental Restoration PLL

Print Name

Nicole Cowand

Date

Mar 26, 2020

Real Estate Professional:

The real estate professional(s) acknowledge these restrictions or Land Use Controls (if any) identified above and will ensure they are made apart of the outgrant document.

Signature Title

Print Name Date

Property Owner (Activity or Region):

The property Owner (Activity or Region) acknowledges and accepts the foregoing statement of environmental conditions and the restrictions or Land Use Controls (if any) that will be required for this real estate outgrant..

Signature Title

Public Works Officer, NAS Oceana

Print Name

CDR LaKeeva B Gunderson

Date

Apr 16, 2020

Environmental Condition of Property (ECP) Checklist Page of Revised March 2018 NAVFAC MID-ATLANTIC Site Summary Information

1. Information regarding site uses and any hazardous materials, contamination, or conditions. All available and pertinent files, records, reports and aerial photographs were reviewed and, where necessary, a site inspection and/or personal interviews were conducted to document the environmental conditions of the property to support the proposed real estate action. A summary of the conditions, sources of information (including location), and any required use restrictions is provided for each environmental condition.

A. Parcel/Site Uses:

If yes, please identify and explain in detail in Section 2 below.

If yes, please identify and explain in detail in Section 2 below.

If yes, please identify and explain in detail in Section 2 below.

If yes, please identify and explain in detail in Section 2 below.

If yes, please identify and explain in detail in Section 2 below.

If yes, please identify and explain in detail in Section 2 below.

If yes, please identify and explain in detail in Section 2 below.

If yes, please identify and explain in detail in Section 2 below.

If yes, please identify and explain in detail in Section 2 below.

If yes, please identify and explain in detail in Section 2 below.

If yes, please identify and explain in detail in Section 2 below.

If yes, please identify and explain in detail in Section 2 below.

If yes, please identify and explain in detail in Section 2 below.

If yes, please identify and explain in detail in Section 2 below.

P. Use of Adjacent Property:

If yes, please identify and explain in detail in Section 2 below.

If yes, please identify and explain in detail in Section 2 below.

If yes, please identify and explain in detail in Section 2 below.

3. Signature:

Based on the records reviews, site inspections, and interviews conducted for the proposed real estate action, the environmental conditions of the property are as stated in this document and this property is suitable for outgrant or transfer with the inclusion of the restrictions or Land Use Controls (if any) identified above.

ECP Checklist Preparer:

PWD Environmental:

Environmental Professional (EBL(EV3)):

Real Estate Professional:

The real estate professional(s) acknowledge these restrictions or Land Use Controls (if any) identified above and will ensure they are made apart of the outgrant document.

Property Owner (Activity or Region):

The property Owner (Activity or Region) acknowledges and accepts the foregoing statement of environmental conditions and the restrictions or Land Use Controls (if any) that will be required for this real estate outgrant..

11.0.0.20130303.1.892433.887364 ECP Checklist unlocked

CR: As stated on the EC, ground-disturbing activities are limited to typical farming actions including tilling, etc. Any disturbances will be superficial and surface actions. Therefore, no adverse impacts to archaeological resources are anticipated. If any unidentified archaeological resources are discovered during land disturbing activities (ie bones, pottery, arrowheads, etc), please cease work in the immediate area of the find and contact the NAS Oceana Cultural Resources Manager for proper coordination.

SECTION B: CERCLA: Several acres were removed from one of the lease areas due to a historical per- and polyfluorinated alkyl substance (PFAS) release to the environment; this site investigation is ongoing and this area should remain out of the lease for this renewal.

Groundwater in several areas of the Ag lease contain per- and polyfluoroalkyl substances (PFAS). PFAS are man-made chemicals that have been used since the 1950s in many household and industrial products. Historical releases of PFAS into the environment at NAS Oceana may have occurred because of past Navy use of a fire-fighting foam, known as aqueous film-forming-foam or AFFF. There are currently no federal regulations related to PFAS release into the environment or to PFAS uptake in crops. The United States Environmental Protection Agency has issued a Lifetime Health Advisory for two of the most common PFAS (i.e., Perfluorooctanesulfonic Acid (PFOS) and Perfluorooctanoic Acid (PFOA)) when found in drinking water. Groundwater in several areas of the lease property contains PFOS and/or PFOA above the EPA Lifetime Health Advisory. Groundwater should not be used for consumption or crop irrigation without further evaluation. Further, construction or other activities requiring dewatering should not occur without further Navy evaluation. The extent of PFAS contamination in other media (e.g., soil, sediment, and surface water) is also unknown at this time. Additional investigations of groundwater, surface water, sediment, and soil within and in the vicinity of the lease areas are expected to take place in 2020-2026. Samples will be collected and monitoring wells will be installed and sampled. For additional information regarding PFAS, please see: https://www.epa.gov/pfas and https://www.fda.gov/food/chemicals/and-polyfluoroalkyl-substances-pfas.

Additional items for consideration:

1. Navy reserves a right of entry to install monitoring wells and to sample soil, sediment, groundwater, and surface water as it deems necessary, in its own discretion.

2. Groundwater shall not be utilized for irrigation purposes within AG lease areas.

SECTION N:

Multiple State Listed Species are known to occur on site (several bat species). One Federally listed bat species is known to occur on site. Vegetation clearing and maintenance of non-crop vegetation should be conducted in Nov, Dec, Jan, and/or Feb. If Endangered Species Act protected species are confirmed to roost or hibernate in vegetation associated with an agricultural lease, protection will be afforded to the associated roost/hibernation tree or structure. See requirements section of this ECP for additional details.

SECTION O (Natural Resources):

Confirmed wetlands occur within and adjacent to these properties. Soil and water conservation goals on this property include control of surface run-off and concurrent reduction in soil erosion, sedimentation and nutrient loading.

Some agricultural lands do fall within the Chesapeake Bay Watershed. The remaining fall within the Owls Creek or Southern Watersheds. The same protections afforded to the Chesapeake Bay Watershed are recommended for the Owl's Creek and Southern Watersheds.

The installation is within the quarantine zone for several non-native pest fauna species (invertebrate). Of these species the most likely to occur and potentially impact the work zone is the imported fire ant. See the requirements section of this ECP for additional details.

This base is known to have poisonous plants (i.e., poison ivy), venomous snakes (i.e., copperhead and cottonmouth), bees/wasps/hornets, ticks, mosquitoes, bear, and rabid animals. Note: The installation does have informational brochures on venomous snakes and zoonotic diseases, available upon request to NRM.

a. Crop heights should not exceed the airfield's height obstruction glide slope safety requirements.

b. Methodologies should be utilized that reduce the attraction of wildlife to agricultural fields during planting and harvesting activities. For example: discing of soil prior to planting is recommended to be conducted at night, whenever possible to reduce the affinity of exposed ground and food sources for birds; when harvesting crops, spillage should be minimized and cleaned up promptly; etc.

c. Minimize or avoid growing crops that would attract wildlife to agricultural fields that could cause a bird/animal aircraft strike hazard (BASH) on the airfield.

d. Crop location, planting, and harvesting schedules are to be provided to the NAS Oceana NRM 757-433-3461 and the AODO at Oceana_aodo_kntu@navy.mil or 757 433-2161/3. These schedules should be provided a minimum of three (3) business days (within a minimum of 72 hours) of field preparation, planting and harvesting each season.

e. Due to proximity to aircraft air space and helicopter landing sites, any storage structures or laydown area materials should be housed in a way to minimize its attraction to wildlife that could pose a BASH concern on the installation. Areas of Mounded materials are very inviting to nesting or perching birds and to rodents which also attract larger animals to the area (prey/predator relationship). Also, to reduce BASH concerns, all outdoor trash receptacles (particularly those where food based trash is disposed) on site must be secured (lids/doors closed) at all times to avoid the attraction of wildlife to the site.

2. Virginia Department of Health (VDH) Source Water Assessment has identified buffer protection zones for drinking water wells near FU1 (this lease does not impact the 1000' buffer). No planting or pesticides shall be applied within 1,000 feet of drinking water wells. Maintain a minimum 1000 feet buffer around the installations potable water wells.

3. Lease Soil and Water Conservation Plan Requirements:

a. A conservation cropping system shall be established to include minimum tillage.

b. Maintenance of ditches, vegetated ditch buffers and culverts is the responsibility of the lessee (subject to inspection at any time during the term of the lease) and shall include the following:

- Mowing of ditches and ditch banks is required every other year of the lease. Mowing should be completed by 31 December of the expiring lease year. If this poses a problem for the lessee, lessee should notify the NAVFAC MID-ATLANTIC Natural Resources Specialist/Agricultural Program Manager at 757-341-1656.

- No-tilled strips/Vegetation buffer strips, a minimum of three (3) feet wide, shall be encouraged along edges of ditch banks to prevent soil sloughing into ditches, and to serve as erosion control filter strips. Width of no-tilled strips will be strictly enforced. Width of no-tilled strips are measured from the top of the ditch bank and away from the ditch, towards the crop. Lessee shall avoid “ scalping” ditch banks to avoid eroding ditch banks. To avoid scalping, vegetation should not be cut shorter than 6 inches in these no-till strips.

- If seeding/planting of these ditches and buffers is needed to reduce erosion issues, the following species are authorized for use: Virginia Wildrye (Elymus virginicus); Purpletop/redtop (Tridens flavus); Broomsedge (Andropogon virginicus); Axonopus furcatus (Big Carpetgrass); Setaria parviflora (Knotroot Foxtail, Knotroot Bristlegrass); Danthonia spicata (Poverty Oatgrass); and Piptochaetium avenaceum (Eastern Needlegrass/Blackseed Speargrass).

- Boundary ditches are considered lease area to the ditch center-line.

- Ditch and buffer mowing must be completed in the months of Nov, Dec, Jan and/or Feb. If this poses a problem for the lessee, lessee should notify the NAVFAC MID-ATLANTIC Natural Resources Specialist/Agricultural Program Manager at 757-341-1656.

c. Any acreage not cropped shall be seeded to a cover crop of hay or silage for protection and erosion control. If land is left fallow, crop residue shall be left on the soil surface as a winter cover to provide mulch and soil improvement until seedbed preparation the following spring. However, fallow mulch materials, must not contain seed that would attract wildlife to the site that would created a Bird/Animal Aircraft Strike Hazard or it must adequately cover seed so that it is not easily observed. Mulch materials must not be able to be blown around and become debris on the airfield runways and taxiways. Minimum tillage practices are encouraged.

d. Plowing is not authorized. Discing is only authorized up to 6.4 inches below the surface. Tillage should be minimized and should meet the USDA-Natural Resources Conservation Service's (NRCS') definition of a no-till program.

e. All conservation practices shall be performed in accordance with standard specifications of the USDA-NRCS. The Lessee shall utilize the technical services of the local Field Office located at the Municipal Center, Chesapeake, Virginia, in the design, layout, construction, and supervision of the conservation practices performed. All improvements shall become the property of the government at the expiration of the lease.

f. Soil fertility shall be maintained at the optimum level for the crops that are to be grown. USDA NRCS should be notified if nutrient deficiencies arise. USDA NRCS or the Virginia Tech Extension Service can assist in making fertilizer and lime recommendations that will be sufficient to maintain adequate pH levels and soil fertility. USDA NRCS, NAVFAC ML Agricultural Program Manager and Installation Natural Resources Manager (NRM) should be consulted to develop an approved plan of action to resolve the nutrient deficiency requiring actions beyond fertilizer and lime recommendations. Farmers should minimize and avoid phosphorus based fertilizers. Farmers should provide the Navy copies of nutrient management recommendations provided by USDA NRCS, Virginia Tech, or other outside entity prior to implementing the recommendations.

-The use of Hampton Roads Sanitation Division’s biosolids disposal program will be approved on a case-by-case scenario. Coordination of this program must be made, 30 days prior to application with the NAVFAC MID-ATLANTIC Agricultural Lease Manager

g. A minimum of quarterly, inspections by the Government Representatives of the Navy in administering the Soil and Water Conservation Plan will be conducted to evaluate compliance with these conditions and other environmental requirements. An annual report will be prepared by the NAVFAC ML EV22 Agricultural Program Manager based on the quarterly inspections.

h. Plan should address above requirements, and may also include additional requirements (some of which may be listed below).

4. Wildlife/Protected Species Management:

a. Non-crop vegetation (ditch clearing, vegetated ditch buffer maintenance, access-way trimming, etc.) removal is limited to the months of Nov, Dec, Jan, and Feb.

b. Endangered Species Act protected species confirmed to roost or hibernate in vegetation associated with an agricultural lease, will be afforded protection as appropriate to maintain compliance with the law.

c. Any state or federal listed species observed on site should be reported to the Installation Natural Resources Manager (NRM) as soon as possible, but no later than 24 hours. Report observation: date, time of day, species, and location.

d. During and/or within 24 hours of planting and harvesting crops, and after non-crop maintenance activities the area worked should be surveyed to identify dead or injured wildlife. Report of dead or injured wildlife should be submitted to the Installation's Natural Resources Manager (NRM).

e. Anticipate a 10% crop loss due to wildlife damage.

f. Notify the Navy when (dates and times) and where (locations) bee hives are going to be brought on and placed on base for pollination efforts. Provide hive species information. Hives must be disease free before coming on base.

g. Hunting:

- Small Game Hunting on the ag-leased and adjacent lands is permitted and managed by the Installation Natural Resources Program. Hunting within ag-leased lands will be coordinated with the lessee. Excessive damage caused by these activities must be reported immediately to the NRM.

- Deer hunting is authorized on land adjacent to leased properties from 01 Oct thru the 1st weekend in January, annually. The Installation's Deer hunting program follows the State Hunting season dates; however, hunting is not authorized on Sundays on the Installation. It is recommended lessee and employees wear fluorescent orange vests while working in or adjacent to hunting areas.

h. When conducting work at night:

- Lighting should not be directed towards the sky.

- Light-bulbs to be installed should be a color temperature of no more than 3000 Kelvins (NO blue-rich white lights). Utilizing “warm-white” or filtered LEDs can meet this requirement.

i. Feeding, harboring, harassment, collecting, killing, and/or releasing of animals/wildlife (this also includes feral animals) and plants (except lessee crops) on the installation is prohibited without obtaining authorized permits. Precautions should be taken to prevent negative impacts from coming in contact with wildlife. Do not approach wildlife, do not try to touch or relocate wildlife, DO NOT KILL wildlife. Contact the base dispatch or CDO and they will contact the Natural Resources Office to come out and take care of the wildlife concern (animals only, not plants).

5. No equipment nor materials should be stored in the dripline of a tree.

6. Invasive Species/Noxious Weed/Pest Management:

a. On base soil/sludge/organic material removed from any projects on base should be disposed of appropriately off base.

b. Materials on base should not be relocated anywhere on base beyond its originating location.

c. Soil/hay/sand/plants/mulch/etc. brought on base should be certified clean (contaminant and noxious weed free, USDA has noxious weed certification processes associated with hay, mulch, plants, and some sizes of gravel).

d. Equipment should be clean (no visible soil, plant or animal material) prior to arriving on base to avoid introduction of new or spread of existing non-native invasive species to the base/location. After working at this site, equipment should also be cleaned prior to working in any other location/site on or off base.

e. Lessee is required to control and/or eradicate Federal and State listed noxious weeds and other non-native invasive flora and invertebrate fauna occurring within their leased properties.

- If the lessee observes such species on the leased land and/or lands adjacent to their leased property, they should notify the NAVFAC MIDLANT Agricultural Program Manager and the NRM within 48 hours of initial observation.

- If feral hogs are found or suspected on the leased property, immediately notify the Installation NRM and if possible obtain photographic evidence of their presence.

f. Pesticide use for insect, disease, or weed control:

- The application of pesticides on Navy property must be performed by DoD-certified or Virginia state certified commercial-applicators (for contracted personnel). The Installation Pest Management Coordinator will require a copy of the certification of all pesticide applicators prior to pesticides being used.

- In accordance with Navy regulation, pesticide applications and surveillance activities performed on Navy property must be entered in the Navy Online Pesticide Reporting System (NOPRS). Contact the Base Environmental (433-3435) office for guidance on the use of NOPRS.

- In addition, prior to their use, pesticides must be placed on the Authorized User List (AUL). Notify the Pest Management Coordinator (433-8989) when new products are desired to be used to request a modification to the existing AULs, or if an AUL needs to be established.

- Pesticides shall be approved and registered by the Environmental Protection Agency for the crops being grown and or the pests being treated.

- A spray plan should be submitted to the Navy for approval prior to application.

- Mixing of pesticides is allowed on site if the lessee uses spill containment equipment. Storing of pesticides on site is not allowed.

- All pesticide containers must be disposed of in accordance with Resource Conservation and Recovery Act (RCRA) regulations and Navy Policy. Containers must be RCRA empty (pesticide < 1”) before they can be disposed of as solid waste. Any waste container with > 1” pesticide must be treated as hazardous waste (HW). Contact installation environmental office (757-433-3435) if the containers become HW.

-The Lessee shall report all farm chemical spills, leaks or releases to NAS Oceana via the emergency coordination number at 757-433-9111 and to the NAS Oceana’s Natural Resources Specialist at 757-433-3461.

- If the Lessee finds it necessary to apply approved pesticides by aerial application of pesticides, the Lessee must have approval of NAVFAC Atlantic's Applied Biologist at 757-322-4882, NAVFAC MIDLANT's Agricultural Program Manager at 757-341-1656, and the NAS Oceana’s NRM at 757-433-3461, 72 hours in advance of the anticipated spray application. This approval / notification must be direct contact and not voice mail message. Notification shall include POC for the Crop Dusting pilot, date, time and location of the spray application.

- The pilot of the crop dusting aircraft shall contact the NAS Oceana Air Operations Duty Officer (757-433-2163) prior to takeoff to update ETA and location, and coordinate with Air Traffic Control (757-433-3471). The Pilot shall contact the NTU Tower prior to entering the Class Delta airspace and receive clearance to begin the spray operations. The Air Operations Officer will determine whether to cancel or reschedule the operation.

- The lessee is responsible for removal of all debris, refuse, garbage, pesticide containers, and unused residue of farm operations from the leased area and the Installation.

- Lessee shall coordinate at least three (3) business days (minimum of 72 hours) prior to bringing equipment and/or chemicals onto the installation, with the NAS Oceana’s Natural Resources Manager (NRM) at 757-433-3461. In the event that the lessee experiences a delay or problem caused by the Navy, they must immediately notify the NAS Oceana NRM to resolve the problem at 757-433-3461.