From: W0

To: lehmEcntlst
Cc: ' W; IQmMsgullesh
Subject: RE: Section 106 Termination at Whidbey Island Naval Air Station
Date: Friday, December 07, 2018 4:02:43 PM

Want me to share this with Karnig? Or you? I told Allyson verbally about our plan, and that wed
share press release with her when it came out. FWlW, Lynne is putting final touches on press release
but has advised it not go out until Monday, when we have a location. l’d like to find a way to get it
out today, and update location later. Stay tuned", and please advise on Karnig.

From: John Fowler

Sent: Friday, December 07,2018 3.57 PM
To: councilmembers; Reid Nelson; Kirsten B. Kulis; Tom McCulloch; Javier Marques; Lynne Richmond
Subject: Section 106 Termination at Whidbey Island Naval Air Station

i write to inform you that on November 30, 2018, thelDepartment of the Navy terminated
consultation under Section 106 ofthe National Historic Preservation Act forthe Navy’s
Congressionally—mandated placement of additional ”Growler” jet aircraft at Naval Air Station
Whidbey, Island. This termination sets in motion a number ofactivities, described below, that will
culminate in the Chairman issuing comments on behalf ofthe ACHP to the Secretary of the Navy by
January 14, 2019. '

The Navy determined in 2018Athat the implementation of this Congressional mandate would result
in adverse effects relating to increased frequency of noise from take-offs and landings of Navy
Growlers, a plane known to create a greater sound impact than most military jets. The ACHP elected
to participate at the beginning ofthis consultation in 2014. Since June 2018 the Navy focused '
consultation on the adequacy of measures to mitigate the adverse effect of increased noise
frequency. Avoidance of effects on historic properties in this case is not an option due to the nature
and location of the undertaking (this is the only Navy facility where Growlers are flown). The
mitigation proposed by the Navy, which focused principally on an investment of $1,000,000 toward
improvements to the Ferry House (a historic property owned by the National Park Service in Ebey's
Landing National Historical Reserve), was not sufficient to secure the agreement
ofthe Washington SHPO for a Memorandum of Agreement
and timelines established by legislation and the: Navy further complicated efforts to reach
agreement. -

The Navy therefore determined that consultation would no longer be productive. This led to a
termination ofthe consultation process and requires the ACHP'to issue comments to the Secretary
ofthe Navy. Per the Section 106 regulations, the ACHP has 45 days to
provide these comments, which in this case would be no later than Monday, January 14, 2019.
Chairman Donaldson decided to address this requirement through a Chairman’s letter conveying
ACHP comments. This occurs by developing comments on the undertaking and then circulating these
comments to the ACHP membership for review prior to conveyance to the Secretary ofthe Navy.
This'is essentially the same process used in to issue comments to FHWA after it terminated
consultation on the Providence Viaduct programmatic Agreement in 2017.
 Any comments received from members will be considered In preparing the final comment
document, which would then be transmitted to the Secretary ofthe Navy. There is ‘no requirement
for a formal ACHP member vote or approval ofthe final comment.

Chairman Donaldson has selected this course of action for the following reasons:

. ACHP staff has been involved in this consultation since the very beginning and are readily aware
of the issuesand the positions ofthe consulting parties;
- ACHP staffhas provided continual guidance: and recommendations to the Navy and the SHPO;
o ACHP was prepared to sign a two~party agreement with the Navy based on the Navy’s mitigation
proposal ifthe SHPO had formally terminated (the ACHP and the federal agency can onlydo that
when an SHPO terminates consultation); and .
1» The holiday season and the 45—day clock present serious scheduling challenges and budget
constraints exist, due in part to the continuing uncertainty about FY 2019 appropriations for the
ACHP and potential shutdown threats.

ACHP staff is already coordinating with the Navy for a public meeting on Wednesday, December
19th. A limited number of ACHP staff will travel and conduct the public meeting. They will also
receive a tour of the historic properties affected and Naval Air Station Whidbey Island.

We will be providing members with more detailed information regarding the case no later than
Friday, December 14, 2018, so that when you do receive the draft Chairman’s comments in early
. January, you will have had the benefit of reviewing the details of the consultation in advance. Please
be advised that the opportunity to review the final comment letter will be compressed, due to the
45~day regulatory requirement. We do not anticipate any willingness ofthe Navy to extend the time
period. '

if you have any immediate questions please contact Reid Nelson at W or at (202)
517-0206. ‘

John