TE-DPW_018_KMISS_Final_DEP_Effective_9_Jul_14.pdf

DOCUMENT OF

ENVIRONMENTAL PROTECTION

(DEP)

ACTIVITY:

KWAJALEIN MISSILE IMPACT

SCORING SYSTEM (KMISS)

REFURBISHMENT

CONTROL NUMBER

DEP-14-001.0

JUNE 2014

U.S. ARMY GARRISON - KWAJALEIN ATOLL/

RONALD REAGAN BALLISTIC MISSILE

DEFENSE TEST SITE IN THE

REPUBLIC OF THE MARSHALL ISLANDS

PREPARED BY TELEDYNE BROWN ENGINEERING, INC.

HUNTSVILLE, ALABAMA

DISTRIBUTION STATEMENT A. Approved for public release. Distribution is unlimited.

Release Number 4070

THIS PAGE LEFT BLANK INTENTIONALLY

AGREE WITH DOCUMENT OF ENVIRONMENTAL PROTECTION

FOR

KWAJALEIN MISSILE IMPACT SCORING SYSTEM (KMISS)

REFURBISHMENT

DEP-14.001.0

U.S. EPA

Agency

Norwood Scott 6/24/14 Name Date

KWAJALEIN MISSILE IMPACT SCORING SYSTEM (KMISS)

National Marine Fisheries Service

June 24, 2014

KWAJALEIN MISSILE IMPACT SCORING SYSTEM (KMISS)

REFURBISHMENT

U.S. Army Corps of Engineers, Honolulu District

Helene Takemoto 6/27/14

CONTROL NO. DEP-14-001.0

i KMISS DEP June 2014

DOCUMENT OF ENVIRONMENTAL PROTECTION (DEP)

ACTIVITY: KWAJALEIN MISSILE IMPACT SCORING SYSTEM

(KMISS)

CONTROL NUMBER DEP-14-001-0

Consistent with the provisions of the U.S. Army Kwajalein Atoll Environmental Standards (UES), Sections 2-17.3, 3-4.5.3, and Figure 3-4.5, the Environmental Assessment for Kwajalein Missile Impact Scoring System (KMISS) Refurbishment, February 2014, is provided as the substantive documentation for the enclosed Document of Environmental Protection (DEP). Where applicable, the references for corresponding discussions in the Environmental Assessment (EA) are identified parenthetically at the end of each discussion below.

DATE SUBMITTED: June 2014

DEP EFFECTIVE DATE: 9 July 2014

DEP EXPIRES: Five Years After Final Signature

REFERENCES

• National Marine Fisheries Service, Pacific Islands Regional Office. Reef Fish Survey and Impact Analysis Along Cable Routes Proposed for the Kwajalein Missile Impact Scoring System. July 2013.

• National Marine Fisheries Service, Pacific Islands Regional Office. Biological Survey and Impact Analysis for Kwajalein Missile Impact Scoring System Refurbishment Alternatives, United States Kwajalein Atoll. October 2012.

• U.S. Army Kwajalein Atoll/Ronald Reagan Ballistic Missile Defense Test Site. Dredging and Filling Document of Environmental Protection. February 2011.

• U.S. Army Space and Missile Defense Command/Army Forces Strategic Command.

Environmental Assessment for Kwajalein Missile Impact Scoring System (KMISS) Refurbishment.

February 2014.

• U.S. Army Space and Missile Defense Command/Army Forces Strategic Command. Biological Assessment for Kwajalein Missile Impact Scoring System (KMISS) Refurbishment. January 2014.

• U.S. Army Space and Missile Defense Command/Army Forces Strategic Command.

Environmental Standards and Procedures for United States Army Kwajalein Atoll (USAKA) Activities in the Republic of the Marshall Islands, 12th Edition. August 2011.

• U.S. Army Space and Missile Defense Command. Document of Environmental Protection for Protection of Cultural Resources, DEP-04-001. November 2004.

TECHNICAL DESCRIPTION OF ACTIVITY

(Where applicable, the references for corresponding discussions in the companion EA are identified parenthetically at the end of each section below.)

ii KMISS DEP June 2014

The KMISS is a deep-ocean, 10-hydrophone sensor array location in the Pacific Ocean from about 3.2 nautical miles (nm) to 8.6 nm [6 kilometers (km) to 16 km] east of and beyond the visual range of the Gagan Islet. The existing array was capable of detecting and locating surface impacts of missiles and reentry vehicles in all weather conditions.

The current KMISS will be refurbished by installing two new cables, each with five sensors (hydrophones), along routes offshore of Gagan in the ocean to less than 12 nautical miles (nm) [22.2 kilometers (km)] from Gagan. See Figure 1. The cable will be routed through a horizontal directionally drilled (HDD) tunnel that terminates at a depth of approximately 26 feet (ft) [8 meters (m)] (to avoid shallow water impacts to the cabling), with cable at deeper depths deployed on the substrate surface (Alignment 2). A cathode approximately 3.3 ft (1 m) long by 3.3 ft (1 m) wide by 1 inch (in) [2.5 centimeters (cm)] thick would be secured to the sea bed in deep sand habitat.

Figure 1

KMISS Project Site iii KMISS DEP June 2014

An on-shore construction site would be located in a previously disturbed work area on Gagan.

Installation would occur across the nearshore area and up to the junction box land location. On-shore, the new trunk cable would be buried from the mean low water line in a trench to a junction box affixed inside the instrumentation building (FN 7550). The cable would be buried from HDD start to the inside of the building. The trunk cable would enter the building (FN 7550) through underground conduit penetrations.

The trunk cable would be optically/electrically connected to existing terrestrial cable inside the instrumentation building (FN 7550), which also contains the in-water system power supplies.

The cables would be laid on the seabed in the existing area of KMISS, overlaying the existing cable infrastructure. The sensors would be located in depths from 3.2 nm to 8.6 nm (6 km to 16 km) from shore. The two cables would be connected to trunk cable via an underwater cable connection or splice joint located about 2,329 ft (about 710 m) from shore in water about 82 ft (25 m) deep in the same general area (east of Gagan) as existing cables and junction boxes.

LOCATION OF ACTIVITY:

Gagan Islet, U.S. Army Garrison - Kwajalein Atoll (USAG-KA), Republic of the Marshall Islands.

COMPLIANCE STATUS:

The KMISS activities at USAG-KA are in compliance with the USAKA Environmental Standards (UES).

Construction activities and potential effects on endangered and threatened species, cultural resources, and water quality and reef protection will be monitored by USAKA to ensure continued compliance.

iv v KMISS DEP June 2014

TABLE OF CONTENTS

1.0 REQUIREMENTS AND LIMITATIONS

1.1 Pre-Construction Requirements and Limitations

1.2 Construction Requirements and Limitations (EA Section 4.5)

1.3 Post-Construction Requirements and Limitations

1.4 Special Conservation Measures (EA Section 4.6)

1.5 Cultural Resources

1.6 Hazardous Materials and Waste

2.0 MONITORING PROCEDURES

3.0 MITIGATION MEASURES

4.0 MINOR DEP MODIFICATIONS

5.0 NOTIFICATION PROCEDURES

5.1 Emergency Notifications

5.2 Public Notifications

5.3 Agency Notification

6.0 RECORDS KEEPING

7.0 RESOLUTION OF NONCOMPLIANT AREAS

8.0 ENVIRONMENTAL COMMENTS AND RECOMMENDATIONS RECEIVED

ON THE DRAFT DEP AND USAKA’S RESPONSES

9.0 ENVIRONMENTAL COMMENTS AND RECOMMENDATIONS RECEIVED

ON THE NOTICE OF PROPOSED ACTIVITY AND USAKA’S RESPONSES ... 11

Figure 1: KMISS Project Site ..................................................................................................... ii

Appendix A: KMISS NCA ...................................................................................................... A-1 vi KMISS DEP June 2014

ABBREVIATIONS AND ACRONYMS

BA Biological Assessment

BMP Best Management Practice cm Centimeter

DEP Document of Environmental Protection

EA Environmental Assessment

ECR Environmental Comments and Recommendations ft Feet

HDD Horizontal Directional Drilling

HPP Historic Preservation Plan in Inch

KEEP Kwajalein Environmental Emergency Plan km Kilometer

KMISS Kwajalein Missile Impact Scoring System m Meter nm Nautical Mile

NMFS National Marine Fisheries Service, Pacific Island Regional Office

NPA Notice of Proposed Activity

NTU Nephelometric Turbidity Unit

OBM Oil-based Mud

RMI Republic of the Marshall Islands

SJ Splice Joint

SMDC/ARSTRAT Space and Missile Defense Command/Army Forces Strategic Command

SOSC Species of Special Concern

UES USAKA Environmental Standards

USAG-KA U.S. Army Garrison-Kwajalein Atoll

USAKA U.S. Army Garrison-Kwajalein Atoll and Ronald Reagan Ballistic Missile Defense Test Site, collectively.

USFWS U.S. Fish and Wildlife Service

WBM Water-based Mud

KMISS DEP June 2014

1.0 REQUIREMENTS AND LIMITATIONS

(Where applicable, the references for corresponding discussions in the EA are identified parenthetically at the end of each section below. Predetermined responsibility for tasks is provided where appropriate)

1.1 Pre-Construction Requirements and Limitations

a. Fully brief all workers associated with this project, irrespective of their employment arrangement or affiliation (e.g., employee, contractor, etc.), on the best management practices (BMP) and the requirement to adhere to them for the duration of their involvement in this project (Navy/U.S. Army Space and Missile Defense Command/Army Forces Strategic Command (SMDC/ARSTRAT).

b. Brief all workers and project personnel on the protection afforded to species protected by the UES (migratory birds, coral, mollusks, fish, turtles, and cetaceans) and to avoid areas designated as nesting or roosting habitat for birds and turtles (Navy/ SMDC/ARSTRAT).

c. Appoint a representative who would be responsible for periodically inspecting the project site to ensure that appropriate BMP and conservation measures are in place or enacted

(SMDC/ARSTRAT).

d. Within 180 days of project completion, submit to National Marine Fisheries Service (NMFS) a report that identifies the date and times of site visits, the name and title of the inspecting person, the findings of the inspection, and any corrective measures taken to ensure compliance with the required BMP and conservation measures (SMDC/ARSTRAT).

e. Determine the effect of fishermen anchoring at the most popular fishing spots in the region.

Once the average numbers of effects are determined, mooring buoys shall be placed at these most popular locations that would prevent anchors from abrading and thus potentially taking consultation species. Perform an After Installation Survey to determine how well the process is succeeding (EA, Section 4.5).

f. Establish a 150-foot (ft) [45.7-meter (m)] area around the offshore activity location as a zone within which if humphead wrasse, scalloped hammerhead sharks, sea turtles, and marine mammals are observed, in water work would cease until the species leaves the area (EA, Section 4.5).

g. Appropriate project contractors shall be required to (EA, Section 4.5):

1. Develop and implement a contingency plan to control and contain toxic spills, including petroleum products, and ensure appropriate materials to contain and clean potential spills will be maintained and readily available at the work site; plan would include inspecting and cleaning construction removal equipment of any petroleum-based products or other potentially polluting materials and compliance with the Kwajalein Environmental Emergency Plan (KEEP) prepared by USAKA in accordance with the USAKA Environmental Standards (UES).

2. Ensure that the project manager and heavy equipment operators perform daily pre-work equipment inspections for cleanliness and leaks and that all construction project-related materials and equipment will be cleaned of pollutants prior to being placed in the water.

KMISS DEP June 2014

All heavy equipment operations shall be postponed or halted should a leak be detected, and shall not proceed until the leak is repaired and equipment cleaned.

3. Ensure that fueling of construction project-related vehicles and equipment shall take place at least 50 ft (15.2 m) away from the water, and in accordance with the KEEP, preferably over an impervious surface. With respect to construction equipment (barges) that cannot be fueled out of the water, all fuel transfers will be in accordance with the

KEEP.

4. To the extent safe and practicable, impervious barriers shall be placed under the drilling equipment and oil absorbent blankets shall be placed around hydraulic components to add protection between the rig and the ground surface in the order to contain any spill.

5. Develop and implement a plan to prevent project-related debris other than drilling fines from the horizontal directional drilling (HDD) from entering or remaining in the marine environment during the project.

6. Develop and implement a contingency plan for the removal and adequate securing of equipment in the event of approaching storms.

7. Undergo site introductions and briefings by appropriately qualified personnel that would cover the procedures to be used to mitigate potential effects.

1.2 Construction Requirements and Limitations (EA Section 4.5)

a. Appoint observers who would record all sightings of humphead wrasse, scalloped hammerhead sharks, sea turtles, or marine mammals that occur during the proposed project.

Information collected shall include:

1. Species, any recognizable individual characteristics if possible to discern;

2. Time, location and approximated distance from the observer to the species;

3. Species behavior;

4. Any impact the sighting had on work activities such as delays, shutdowns, and whether the species was at a sufficient distance that work continued.

b. Post observers, on work boats as necessary prior to and during the initial breakthrough of the drilling bore. Using binoculars, observers shall focus the majority of their attention on the area within 150 ft (45.7 m), with periodic scans beyond 150 ft (45.7 m) to maintain situational awareness. Observations will be made 15 minutes prior to the initiation of any directional drilling activity, prior to the resumption of any work following any break of more than 30 minutes, and periodically through the work day.

c. During HDD operation, the drill path shall be constantly monitored for surface release by trained personnel and constant communication between the monitors and the control cab shall be maintained at all times. The monitors shall be kept constantly informed of the progress of the drill head so as to be able to concentrate their search for any indications of an inadvertent release of drilling fluid.

KMISS DEP June 2014

d. In-water work will not commence, or will cease if already started, if a humphead wrasse, scalloped hammerhead shark, sea turtle, or marine mammal is seen in the water within 150 feet (45.7 meters), until the animal has exited the safety zone or 15 minutes has passed without redetection of the animal in the safety zone. If UES-protected marine species are noticed within 150 ft (45.7 m) after work has already begun, that work may continue if, in the best judgment of the project supervisor, the animal(s) will not be adversely affected by the activity. For example, divers performing surveys or minor underwater work would likely be permissible, whereas operation of heavy equipment is not.

e. Make no attempt to feed, touch, ride or otherwise intentionally interact with any humphead wrasse, scalloped hammerhead sharks, sea turtles, or marine mammals.

f. Minimize turbidity and siltation through the appropriate use of erosion control practices, appropriate silt containment devices as specified in the Routine Maintenance Dredging and Filling Document of Environmental Protection and the curtailment of work during adverse tidal and weather conditions.

g. Drilling shall use proven environmentally “friendly” drilling fluids (i.e., mud). Oil-based mud (OBM) shall not be used. Synthetic-based or water-based mud (WBM), such as those containing bentonite, are currently recommended for drilling activities.

h. Discharge of any drilling mud into shallow marine or aquatic environments is discouraged.

Techniques for mud-free drill exits shall be employed. Switch drilling fluids from a mixture of clay and fresh water to water only during the final phase of drilling, so that when the drill head exits the seafloor, there will be little or no release of clay or sediment. To the extent practical, coordinate breakthrough and discharge with peak tidal flows.

i. Use absorbent pads to remove the petroleum product prior to removing the silt containment structures, should a construction-related sheen be observed on the water surface.

j. In the event of a subsurface release in a marine or aquatic environment, and deemed practicable and safe by the government project supervisor, divers equipped with water lifts (pumps) and filter bags shall be used to remove drilling fluids from the bottom.

k. In the event of drilling fluid release on land, the spill shall be immediately contained and the fluid transferred back to the drill site for reuse or into storage tanks and removed from the site.

l. Alter vessel course to remain at least 150 ft (45.7 m) from visible humphead wrasse, scalloped hammerhead sharks, sea turtles, or marine mammals and 300 ft (91.4 m) from whales when piloting construction related vessels within the KMISS refurbishment area. .

m. Reduce construction-related vessel speed to 10 knots (18.5 km per hour) or less, within the KMISS refurbishment area, when piloting vessels in the proximity of humphead wrasse, scalloped hammerhead sharks, sea turtles, or marine mammals. If practicable, reduce construction-related vessel speed to 5 knots (9.3 km per hour) or less when piloting vessels in areas of known or suspected sea turtle or marine mammal activity.

KMISS DEP June 2014

n. Put the construction-related vessel engine in neutral and allow the animal(s) to pass if approached by a humphead wrasse, scalloped hammerhead shark, sea turtle, or marine mammal.

o. Do not encircle or trap humphead wrasse, scalloped hammerhead sharks, sea turtles, or marine mammals among multiple vessels or between vessels and the shore.

p. Lower all objects to be placed in the water or substrate in a controlled manner. This can include the use of cranes, winches, or other equipment that maintains positive control over the rate of descent.

q. Keep in-water tethers, as well as mooring lines for vessels, marker buoys or other devices, to the minimum lengths necessary. Deploy only as long as needed to properly accomplish the work task.

r. Report any humphead wrasse, scalloped hammerhead shark, sea turtle, or marine mammal stranding events to NMFS and coordinate on the identification of species, possible cause of physical harm, and disposition of remains, if needed (USAKA).

1.3 Post-Construction Requirements and Limitations

a. Ensure that as soon as it is safely practicable following completion of HDD operations, divers inspect the HDD impact zone to locate and record upturned dislodged coral colonies, colonies that have rubble and/or sediments on them, and any loose rubble and debris that could become mobilized by high surf (SMDC/ARSTRAT).

b. Ensure that the divers carefully remove all project related loose rubble and debris from live coral colonies (SMDC/ARSTRAT).

c. Ensure that the divers carefully fan off project-related accumulated sediments from the surface of any live coral colonies, being careful to avoid simply transferring the sediments from one colony to another (SMDC/ARSTRAT).

d. Ensure that the divers remove from the surf zone all project-related loose rubble and debris that could become mobilized and further damage the reef (SMDC/ARSTRAT).

e. Remove, as soon as possible, all materials placed in the water after use or at the end of the refurbishment (EA Section 4.5).

f. Once the HDD operation is complete, the work area shall be returned to its original condition or better.

g. Within 180 days of project completion, submit to NMFS and U.S. Fish and Wildlife Service (USFWS) a report that quantifies the impacts to UES consultation species that were impacted,. The report shall specify impact type (killed, fragmented, covered, relocated, displaced, etc.). That report shall also include a description of the work done to remove sediment, rubble, and debris from the project area and an estimate of the amounts. Also include in the post construction report all marine species observations and whether the sighting resulted in a work stoppage or slow down (SMDC/ARSTRAT).

KMISS DEP June 2014

1.4 Special Conservation Measures (EA Section 4.6)

Implement the following measures to reduce potential environmental effects of the refurbishment activities:

a. Maintain oversight of all contractor activities on Gagan and in the offshore waters throughout the installation, including activities in the open ocean less than 12 nm (22.2 km) from shore (Naval Undersea Warfare Center and SMDC/ARSTRAT).

b. Adhere to the policies and procedures regarding natural and cultural resource protection set forth in the UES. If any archaeological deposits are inadvertently discovered during the course of the Proposed Action, the standard operating procedures of the UES and Cultural Resources DEP would be followed.

c. For the onshore installation activities at Gagan, be familiar with the spill control measures in the KEEP in the unlikely event of a spill of petroleum-based fuel or lubricant. Also be familiar with and implement as necessary the Hazardous Waste Management Plan, which identifies requirements for safe storage and segregation of hazardous material, proper safety equipment, spill or accident reporting procedures, and personnel training.

d. For the onshore installation activities at Kwajalein and Gagan, applicable environmental and energy conservation Federal Acquisition Regulations (FAR) clauses have been incorporated in the installation contract by reference, and the following are included in full text (e.g., D25 Hazardous materials; I23-3 (FAR 52.223-3 Hazardous Material Identification and Material Safety Data); and, I23-7001 (Defense FAR Supplement 252.223-7001 Hazard Warning Labels). The FAR clauses are incorporated into all onshore construction activities to be proactive with energy conservation measures and to limit the generation and offsite transport of pollutants.

e. Maintain construction equipment to be free of leaks. Fuel mobile equipment from storage tanks on Gagan in accordance with the KEEP. Position stationary equipment on level ground or bermed to prevent runoff from the equipment area to the ocean.

f. Shield downward any night-time lighting associated with the onshore drilling site to avoid attracting or causing the disorientation of wildlife. Employ night operations only if it is beneficial due to project delays.

g. During HDD activities onshore and in the nearshore waters surrounding the drill exits, implement the KMISS bentonite spill prevention, monitoring, and cleanup measures specified in the Navy’s plan.

h. Issue a Notice to Mariners, for all in-water installation activity, alerting boaters to the need to avoid areas of installation activity.

i. For all in-water installation activity, vessels engaged in installation would carry sorbent booms (floating barriers to contain and absorb oil on the surface of the water) and pads for cleanup use in the unlikely event of a fuel spill. Adhere to KEEP requirements regarding the containment, cleanup, and reporting of spills.

KMISS DEP June 2014

j. Switch drilling fluids from a mixture of clay and fresh water to water only during the final phase of drilling, so that when the drill head exits the seafloor, there will be little or no release of clay or sediment. The directionally drilled conduit to be installed by HDD will be made of clean, uncoated pipe.

k. No ground disturbance to the shoreline shall occur nor future cable maintenance in the surf-zone.

l. No support vessels shall be anchored on live coral, to the extent practicable, during diver-assisted work within the underwater construction site [depths to 100 feet (30.5 m)]). To ensure coral avoidance, divers shall assist anchor placement as necessary. The larger cable-laying vessel would be dynamically positioned and would not anchor.

1.5 Cultural Resources

a. Brief project personnel during the routine construction briefing at Gagan regarding the significance of cultural resources and the penalties associated with their disturbance or collection.

b. Halt work, and notify the USAG-KA Environmental Office, if, during the course of program activities (e.g., trenching or any other type of ground disturbance) cultural materials, particularly human remains, are discovered.

1.6 Hazardous Materials and Waste

a. Collect and take solid waste, including drilling fluids, generated during the construction and installation of KMISS activities to the Kwajalein landfill/incinerator facility for processing.

b. Clean-up all spills in accordance with the KEEP and mission specific emergency response plans.

c. Handle all hazardous wastes generated or encountered during the construction phase in accordance with the established procedures detailed UES §3-6.

d. All hazardous waste shall be shipped off-island for disposal in the United States, in accordance with UES Sections 3-6.5.2(b)(1) and 3-6.6.5.

2.0 MONITORING PROCEDURES

a. Conduct turbidity monitoring at least daily at 164 ft (50 m) from the site of the activity, during active cable laying.

b. Monitor all digging, for any type of excavation that shall occur in areas that have been determined to be, by archaeological and historic investigations, or the Historic Preservation Plan (HPP), sensitive for the discovery of subsurface cultural resources (USAG-KA Environmental Office).

c. The need for archaeological monitoring shall be determined by the nature and location of the specific project, and through consultation with the USAG-KA Environmental Office.

d. Cease work and notify the USAG-KA Environmental Office if cultural or historic remains are discovered during the activities. The RMI Historic Preservation Office (RMIHPO) shall be

KMISS DEP June 2014 notified, and appropriate mitigation measures, developed in consultation with the RMIHPO, shall be implemented to minimize the effects on the resource or to recover as much of the resource as possible, as directed by UES Section 3-7.5.7.

3.0 MITIGATION MEASURES

See Section 1.0 of this DEP.

4.0 MINOR DEP MODIFICATIONS

Minor modifications to this DEP may be accomplished under the provisions of UES Section 2- 17.3.6(e).

5.0 NOTIFICATION PROCEDURES

5.1 Emergency Notifications

a. Within 24 hours of discovery of an emergency environmental condition, USAG-KA shall notify the public affected or potentially affected by the condition and the Appropriate Agencies by the most expeditious means available.

b. Within ten (10) days following emergency notification, USAKA shall submit written notification of the event to the Appropriate Agencies that contains at a minimum the relevant information described in UES Section 2-7.2.2.

c. Emergency notifications shall be made for any condition that the Commander, USAG-KA, determine to constitute an emergency condition.

5.2 Public Notifications

a. Public notifications shall be made by USAG-KA to advise the public of an activity or action that USAG-KA has taken or is planning as a result of emergency conditions.

b. Public notification made as a result of emergency conditions shall be made in The Kwajalein Hourglass and The Marshall Islands Journal, posters or bulletins displayed in public places, announcements on Kwajalein Range Services Newsline and/or on public television.

5.3 Agency Notification

a. In the event that any USAG-KA species and habitats of Special Concern as stated in UES Appendices 3-4A through 3-4G, are disturbed, transplanted, injured or killed due to construction or refurbishment activities, the NMFS, the USFWS, and the RMIEPA shall be informed by USAG-KA within 24 hours.

b. If cultural or historic remains or artifacts are discovered during the course of KMISS activities, work at the site shall cease and the USAG-KA Environmental Engineer shall be notified. The RMIHPO shall be notified, and appropriate mitigation measures, developed in consultation with the RMIPO, shall be implemented to minimize the effects on the resource or to recover as much of the resource as possible (conforming to professional stands for research), as directed by UES Section 3-7.5.7.

KMISS DEP June 2014

6.0 RECORDS KEEPING

a. The Notice of Proposed Activity (NPA), Environmental Comments and Recommendations (ECR), and DEP permitting KMISS activities at USAKA shall be preserved for the duration of the activity plus ten years or for ten years after expiration of the DEP, whichever is less.

b. All records associated with the activity shall be maintained for at least five years (UES Section 2-13.2).

c. Personnel-training records shall be preserved for 10 years beyond the period the employee is engaged in activities potentially affecting the environment at USAKA (UES Section 2- 13.2.1).

7.0 RESOLUTION OF NONCOMPLIANT AREAS

Currently, there are no known non-compliant KMISS activities at USAKA. With the implementation of the requirements, limitations, and monitoring protocols described in the DEP, KMISS testing activities at USAKA shall be in full compliance with the UES 12th Edition, 2011.

8.0 ENVIRONMENTAL COMMENTS AND RECOMMENDATIONS RECEIVED

ON THE DRAFT DEP AND USAKA’S RESPONSES

US Environmental Protection Agency (USEPA)

COMMENT: Draft DEP may affect resources within the jurisdiction of this agency. Agree with proposed environmental controls. No comments provided.

USAKA RESPONSE:

National Marine Fisheries Service, Pacific Islands Regional Office, Protected Resources Division (NMFS)

Comment noted.

Draft may affect resources within the jurisdiction of this agency. Conditionally agree with proposed environmental controls, subject to the enclosed comments/recommendations.

COMMENT 1: Page 4, 1.3 b, c and d. These activities are good but the wording might be detailed so as to pertain specifically to project generated rubble/sediment/etc within the area specifically observed to have been affected by project related activities.

USAKA RESPONSE:

1.3b: Ensure that the divers carefully remove all project-related loose rubble and debris from live coral colonies (SMDC/ARSTRAT).

Comment noted. Sections updated as follows:

1.3c: Ensure that the divers carefully fan off project-related accumulated sediments from the surface of any live coral colonies, being careful to avoid simply transferring the sediments from one colony to another (SMDC/ARSTRAT).

1.4d: Ensure that the divers remove from the surf zone all project-related loose rubble and debris that could become mobilized and further damage the reef (SMDC/ARSTRAT).

KMISS DEP June 2014

COMMENT 2: Page 4, 1.3 g. It is difficult to see how this condition will be met to the level that appears inherent in the wording. Recommend changing “quantifies the” to “estimates through counts or area sampling the number of”. Also, partial mortality is a temporal related measure. To assess such in relation to project specific activities would best be done at the time of or just following the installation, and some level of monitoring may be needed to determine whether full mortality resulted. Depending on the species, such mortality may be some time in coming. If a measure of partial mortality is desired, the need and relative timing of such should be defined.

USAKA RESPONSE:

Within 180 days of project completion, submit to NMFS and U.S. Fish and Wildlife Service (USFWS) a report that quantifies the impacts to UES consultation species that were impacted,.

The report shall specify impact type (killed, fragmented, covered, relocated, displaced, etc.). That report shall also include a description of the work done to remove sediment, rubble, and debris from the project area and an estimate of the amounts. Also include in the post construction report all marine species observations and whether the sighting resulted in a work stoppage or slow down (SMDC/ARSTRAT).

Comment noted. The original wording of this requirement in the NPA was based on BMPs and wording from Biological Opinions (BO) for similar projects. Since that time the KMISS Draft BO has been issued and this requirement has been revised to reflect the current wording in that BO. The requirement is revised to reflect the BO as follows:

COMMENT 3: Page 7, 5.3 a. This is a good condition, but appears to be specific to test activities following the refurbishment. The remainder of the DEP is tailored fairly narrowly on the actual refurbishment. Are testing activities intended to be a part of this DEP?

USAKA RESPONSE:

US Army Corps of Engineering, Honolulu District (USAEDH)

Comment noted. This DEP covers the construction and refurbishment of the KMISS; testing activities are not a part of this DEP. Section 5.3a is updated to state: “In the event that any USAG-KA species and habitats of Special Concern as stated in UES Appendices 3-4A through 3-4G, are disturbed, transplanted, injured or killed due to construction or refurbishment activities, the NMFS, the USFWS, and the RMIEPA shall be informed by USAG- KA within 24 hours”.

COMMENT: Draft DEP does not affect resources within the jurisdiction of this agency. No comments provided.

USAKA RESPONSE:

US Fish and Wildlife Service (USFWS)

Comment noted.

COMMENT: Draft DEP may affect resources within the jurisdiction of this agency. Agree with proposed environmental controls. No comments provided.

USAKA RESPONSE:

Comment noted.

KMISS DEP June 2014

Republic of the Marshal Islands Environmental Protection Authority (RMIEPA)

COMMENT 1: In order to offer effective environmental oversight of the KMISS refurbishment project, RMIEPA requires that one designated RMIEPA Ebeye staff member accompany the project proponents and monitor all KMISS work on and offshore of Gagan Islet. This appropriate agency oversight allows Marshallese landowners and Government officials to be apprised of the project’s progress, allows RMIEPA to become acquainted first-hand with U.S. environmental precautions, mitigations and best management practices, and is in keeping with the spirit of transparency embodied in the UES.

USAKA RESPONSE: SMDC supports the exchange of information and experience in regard to projects implemented throughout the RMI between the RMIEPA and other UES team members.

We support the opportunity to gain information on implementing technologies such as horizontal direction drilling that lessen impacts on the important coral reef system. SMDC therefore encourages RMIEPA to send requests for Ebeye RMIEPA staff to observe the implementation of the KMISS system construction activities on Gagan. Such requests should be submitted through usual administrative and diplomatic channels. Presence at the construction site is welcomed dependent on the satisfactory resolution of liability and safety issues for the participating member.

COMMENT 2: In order to achieve effective environmental oversight of the KMISS refurbishment and other UKAG-KA projects and activities, RMIEPA suggests that its officers be admitted timely and promptly to USAG-KA immediately upon request. RMIEPA notes that USAG-KA admittance policies now require a two-week wait at a minimum for the RMIEPA General Manager or a member of his staff to enter USAG-KA. This is not adequate for required oversight and seems contrary to the spirit and wording of the UES. The UES encourages Appropriate Agencies' ability to assess the overall environmental conditions at USAG-KA (UES S. 2-8), and to expedite the transfer of information about USAG-KA (UES S. 2-6.1). RMIEPA further notes that all Appropriate Agencies, including RMIEPA, may inspect the USAG-KA facilities, records, or equipment at any time, subject to United States and USAG-KA security requirements as determined by the Commander, USAG-KA (UES S.2-17.4.1). The two-week wait seems excessive and unwarranted when immediate oversight is required. This has been a continuing issue for RMIEPA personnel.

SMDC encourages expeditious access to USAG-KA for specific environmental oversight activities by any Appropriate Agency pursuant to the UES and is actively working with USAG-KA to develop an agreement for expedited access for UES agencies, including RMIEPA. SMDC will convey the interim results of its efforts to the appropriate agencies by July 15, 2014. SMDC also suggests that RMIEPA may wish to forward this concern to the UES Project team and USAG-KA through submission of a Discussion Paper at the next UES Revisions and Implementation Meeting.

KMISS DEP June 2014

9.0 ENVIRONMENTAL COMMENTS AND RECOMMENDATIONS RECEIVED

ON THE NOTICE OF PROPOSED ACTIVITY AND USAKA’S RESPONSES

US Environmental Protection Agency (USEPA) COMMENT: NPA may affect resources within the jurisdiction of this agency. Agree with proposed environmental controls. No comments provided.

USAKA RESPONSE:

National Marine Fisheries Service, Pacific Islands Regional Office, Protected Resources Division (NMFS)

Comment noted.

NPA may affect resources within the jurisdiction of this agency. Conditionally agree with proposed environmental controls, subject to the enclosed comments/recommendations.

COMMENT 1: Page 8, 2nd Para, last sentence: The likelihood of an adverse effect is actually pretty high. Recommend changing this sentence to, “Reasonable efforts will be made to recognize and reduce the potential for impacts to UES protected species during cable installation.”

USAKA RESPONSE: Sentence updated to reflect comment.

COMMENT 2: Page 8, Para 3, line 3: remove “again”

USAKA RESPONSE: Sentence updated to reflect comment.

COMMENT 3: Page 9, Para 2, line 4: Change typo “n o” to “no”

USAKA RESPONSE: Sentence updated to reflect comment.

COMMENT 4: Page 10, Section 12.0: I’m told that, technically, horizontal directional drilling in ocean environments is considered dredging. Perhaps change to, “Horizontal direction drilling initiated onshore will bore under submerged reef flat and crest surfaces terminating approximately 580 meters distant on sloping reef pavement at 26 feet depth.” Follow up with a short summary on borehole size, change out of clay for fresh water near termination, and potential for affecting UES protected species.

Section updated to reflect comment. A short summary on borehole size and change out of clay for fresh water near termination was added: Updated text: “The bore hole outside diameter (OD) is estimated 9.626 inches. The OD is larger than the drill stem to facilitate circulating the cutting fluid and return cuttings to the bore entry. As the drill stem approaches the exit point on the ocean floor, the drilling conditions are carefully monitored. These conditions determine the time or distance from exit when a shift from the Bentonite clay to fresh water drilling is done. By flushing the drill string with fresh water, the drilling mud is circulated out of the system and a mud free exit is achieved. Drilling conditions, not a pre-determined distance will be the factor as to what point the change to water will occur. As a rule of thumb, 46 m (151 ft) prior to planned exit of the drill from the sea floor is the average distance at which a change to fresh water happens.”

KMISS DEP June 2014

US Army Corps of Engineers, Honolulu District (USAEDH) COMMENT: NPA does not affect resources within the jurisdiction of this agency. No comments provided.

USAKA RESPONSE:

US Fish and Wildlife Service (USFWS)

Comment noted.

COMMENT 1:

Please change the first sentence to read “In‐water work will not commence if a humphead wrasse, scalloped hammerhead shark, sea turtle, or marine mammal is seen in the water within 150 feet (45.7 meters), until the animal has exited the safety zone or 15 minutes has passed without redetection of the animal in the safety zone”. We understand that stopping the HDD operations could freeze the drill bit in the borehole and result in the loss of the drill bit, and further, that any individual of a listed species that entered the area during the drilling operations could exit if it were being disturbed.

Section 5‐2: These two sentences appear to contradict each other: 1) In‐water work will cease if a humphead wrasse, scalloped hammerhead shark, sea turtle, or marine mammal is seen in the water within 150 feet (45.7 meters), until the animal has exited the safety zone or 15 minutes has passed without redetection of the animal in the safety zone. 2) If UES‐protected marine species are noticed within 150 feet (45.7 meters) after work has already begun, that work may continue if, in the best judgment of the project supervisor, the animal(s) will not be adversely affected by the activity.

USAKA RESPONSE: Sentence updated to reflect comment. Updated sentence is as follows:

“In-water work will not commence, or will cease if already started, if a humphead wrasse, scalloped hammerhead shark, sea turtle, or marine mammal is seen in the water within 150 feet (45.7 meters), until the animal has exited the safety zone or 15 minutes has passed without redetection of the animal in the safety zone. See NPA Section 5-2 and Draft DEP Section 1.2(c).

COMMENT 2: Section 5‐2: The Service requests that the Recommended Standard Best Management Practices (BMP) developed for marine HDD operations be followed during this project. The BMPs have been included as an Appendix. The BMPs recommend the use of only water‐based drilling fluids (“muds”). Oil based muds shall not be used. The BMPs recommend that the drill path be constantly monitored for release of drilling fluids and that should a release occur, divers shall be used to remove drilling fluids from the bottom. The Fish and Wildlife Service believes that incorporation of these measures into projects will greatly minimize the potential for project-related adverse impacts to fish and wildlife resources.

USAKA RESPONSE:

The Fish and Wildlife Service recommends that the following measures be incorporated into projects to minimize the degradation of water quality and impacts to fish and wildlife resources as a result of Horizontal Directional Drilling (HDD):

Each BMP is discussed individually below:

BMP A. A site-specific spill response plan shall be developed. Prior to HDD operations, all construction personnel shall be properly trained in spill containment and clean-up and shall be familiar with the site-specific response plan.

KMISS DEP June 2014

USAKA RESPONSE A:

BMP B. Plastic barriers shall be placed under the drilling equipment and oil absorbent blankets shall be placed around hydraulic components to add protection between the rig and the ground surface in the order to contain any spill.

We concur that a site specific spill plan is needed. See Draft DEP Section 1.1(g)(1) which states “Develop and implement a contingency plan to control and contain toxic spills, including petroleum products, and ensure appropriate materials to contain and clean potential spills will be maintained and readily available at the work site; plan would include inspecting and cleaning construction removal equipment of any petroleum-based products or other potentially polluting materials and compliance with the Kwajalein Environmental Emergency Plan (KEEP) prepared by USAKA in accordance with the USAKA Environmental Standards (UES).”

USAKA RESPONSE B:

BMP C. Drilling shall use proven environmentally “friendly” drilling fluids (i.e., mud). Oil-based mud (OBM) shall not be used. Synthetic-based or water-based mud (WBM), such as those containing bentonite, are currently recommended for drilling activities.

Use of plastic barriers and absorbent pads can be difficult to implement in drilling conditions. It is very difficult and sometimes hazardous to have the barriers underfoot as workers are attending to the drill rig. The BMP is altered slightly to read: “To the extent safe and practicable, impervious barriers shall be placed under the drilling equipment and oil absorbent blankets shall be placed around hydraulic components to add protection between the rig and the ground surface in the order to contain any spill.” See Draft DEP Section 1.1(g)(4).

USAKA RESPONSE C:

BMP D. Discharge of any drilling mud into shallow marine or aquatic environments is discouraged. Techniques for mud-free drill exits shall be employed.

Water based drilling fluids are included in the proposed action. The prohibition of oil-based fluids is not problematic and this BMP will be included in the Draft DEP.

See Draft DEP Section 1.2(g).

USAKA RESPONSE D:

BMP E. Drilling should not be conducted during coral spawning periods.

See Draft DEP Section 1.2(h) which states: “Discharge of any drilling mud into shallow marine or aquatic environments is discouraged. Techniques for mud-free drill exits shall be employed. Switch drilling fluids from a mixture of clay and fresh water to water only during the final phase of drilling, so that when the drill head exits the seafloor, there will be little or no release of clay or sediment. To the extent practical, coordinate breakthrough and discharge with peak tidal flows.”

USAKA RESPONSE E:

The near shore windward side of Gagan is a very high energy environment and USAKA experience has been that any dive work in this area is treacherous during most normal wind

There is little coral spawning periods observations specific to Kwajalein, but across Micronesia, there appears to be a tendency for mass spawning 7-10 days following the full moon in June, July and/or August. There is variation, of course, and a variety of species spawn or planulate at other times (some associate with the new moon, some don't noticeably correlate with moon periods at all). Typically, though, the summer months appear to be reported as those within which the majority of species spawn in this region.

KMISS DEP June 2014 conditions. The large amount of dive support needed during HDD and cable installation has necessitated the need to do the HDD installation during the doldrum period in mid-summer (July through August). This BMP cannot be implemented and will not be included in the Draft DEP.

Other BMPs such as switching to only water during the last phase of drilling should mitigate drilling effects to spawning corals.

BMP F. During HDD operation, the drill path shall be constantly monitored for surface release by trained personnel and constant communication between the monitors and the control cab shall be maintained at all times. The monitors shall be kept constantly informed of the progress of the drill head so as to be able to concentrate their search for any indications of an inadvertent release of drilling fluid.

USAKA RESPONSE F:

BMP G. In the event of a subsurface release in a marine or aquatic environment, divers equipped with water lifts (pumps) and filter bags shall be used to remove drilling fluids from the bottom.

This BMP will be included in the Draft DEP. See Draft DEP Section 1.2(c).

USAKA RESPONSE G:

BMP H. In the event of drilling fluid release on land, the spill shall be immediately contained and the fluid transferred back to the drill site for reuse or into storage tanks and removed from the site.

This BMP will be included in the Draft DEP and is modified as follows: “In the event of a subsurface release in a marine or aquatic environment, and deemed practicable and safe by the government project supervisor, divers equipped with water lifts (pumps) and filter bags shall be used to remove drilling fluids from the bottom.” See Draft DEP Section 1.2(j).

USAKA RESPONSE H:

BMP I. Once the HDD operation is complete, the work area shall be returned to its original condition or better.

This BMP will be included in the Draft DEP. See Draft DEP Section 1.2(k).

USAKA RESPONSE I:

BMP J. All drilling fluids shall be disposed in an approved land disposal facility and not into the marine or aquatic environment.

This BMP will be included in the Draft DEP. See Draft DEP Section 1.3(f).

USAKA RESPONSE J: This BMP will be included in the Draft DEP and is modified to state:

“Collect and take solid waste, including drilling fluids, generated during the construction and installation of KMISS activities to the Kwajalein landfill/incinerator facility for processing.” See Draft DEP Section 1.6(a).

COMMENT 3: Section 5‐2 states: “Absorbent pads will be used to remove the petroleum product prior to removing the silt containment structures, should a construction‐related sheen be observed on the water surface (EA, Section 4.5)”. It is not clear what the source of the petroleum products would be if the drilling fluids are only bentonite clay and water. Please explain.

KMISS DEP June 2014

The Service concurs with the decision to switch from clay based drilling fluids to water only drilling fluid as the drill bit approaches the exit point on the ocean reef slope.

USAKA RESPONSE 3: The intent of this statement is to ensure that inadvertent petroleum releases from construction equipment which will be used for the HDD and cable installation are controlled and any petroleum product that is released to the environment is removed.

Concurrence with the decision to switch to water only drilling as the bit approaches the exit point is noted.

COMMENT 4: Section 9: Turbidity and/or Sedimentation: Effects to benthic organisms from excessive turbidity and sedimentation could include injury and death of crabs, other invertebrates and corals. Sediment curtains could be very difficult to deploy on the ocean side of Gagan Islet, because of swells and wave action, even inside the reef crest. The Service recommends following BMP paragraphs f. and g. for protection of benthos from sedimentation.

USAKA RESPONSE 4: We concur that incorporation of BMP paragraphs f and g (as modified) should protect benthos from sedimentation. See Draft DEP Sections 1.2(c) and 1.2(j).

COMMENT 5: The KMISS NPA does not discuss the disposal of waste drilling fluids (bentonite clay) at the conclusion of HDD. Please identify the disposal procedures for this waste.

The BMPs recommend land fill disposal.

USAKA RESPONSE 5:

Republic of the Marshall Islands Environmental Protection Authority (RMIEPA)

The disposal of the drilling fluids is unclear in the NPA. The EA specifically examines the disposal of the drilling fluids at the Kwajalein landfill and includes that landfill disposal in the proposed action. To clarify, the following will be included in the Draft DEP: “Collect and take solid waste, including drilling fluids, generated during the construction and installation of KMISS activities to the Kwajalein landfill/incinerator facility for processing.”

See Draft DEP Section 1.6(a).

COMMENT: No comments received.

No comments received.

A-1 KMISS DEP June2014

APPENDIX A

SCORING SYSTEM (KMISS)

NOTICE OF PROPOSED ACTIVITY

A-2 KMISS DEP June2014

KMISS NPA February 2014

NOTICE OF PROPOSED

ACTIVITY:

SCORING SYSTEM (KMISS)

CONTROL NUMBER

NPA-14-001.0

FEBRUARY 2014

U.S. ARMY GARRISON - KWAJALEIN ATOLL/

RONALD REAGAN…