Relief Funds from the Federal Government?

See CCAJN E-news dated June 17, 2004 for updated information

A number of Council members are committed to support several new housing projects within the high noise zones. While Council has a genuine concern to avoid a "taking" by the Navy for prospective developers who own properties, Council has not offered any solutions to mitigate the massive 'taking' which families who presently reside in these high noise contours experience. According to the Navy's Administrative Record, AR-050508 (click here for further explanation), these impacts are believed to affect well over 100,000 people who live in approximately 50,000 single family and multi-unit structures and reside within the 65dB to 85dB+ high noise and accident potential zones. In April 2000, by CCAJN's specific request, Mayor Oberndorf initiated a resolution to ask Congress to appropriate funds to mitigate jet noise. The request was to simulate the noise abatement program which exists for over 200 communities that surround our nation's active commercial airports. The federal program, administered under the FAA, is entitled FAR Part 150. While the Mayor's initiative was a positive action, CCAJN had indicated that the request was fatally flawed because it was directed to the wrong federal agency. The City's proposed resolution incorrectly requested mitigation from the FAA not the DoD. Subsequently, instead of communicating with the DoD or the Congress, the Mayor dropped this critical resolution which should have been delivered to our congressional delegation in 1995 when BRAC redirected the Hornets from Cecil Field to NAS Oceana. This proposed, vital initiative to receive federal assistance which would benefit the community has lain dormant for more than three years. The leadership in Virginia Beach has disregarded the health and welfare of its citizens, in stark contrast to the demonstrated action of elected officials of other noise impacted US cities. Shamefully, Virginia Beach has still not attempted to secure essential mitigation for its noise impacted citizens. A program was initiated by Congress under the authority of the Aviation Safety and Noise Abatement Act of 1979 which also served as the catalyst for the DoD AICUZ program. (see www.macnoise.com to see how one major city, Minneapolis, incorporates the Part 150 program for jet noise levels that are 4-6 times lower than the F/A-18's). The Federal government has a long term commitment to provide a comprehensive noise mitigation program which has given noise relief throughout the nation to tens of thousands of residences, as well as to public and private schools, pre-schools, nursing homes, and other sensitive facilities. Through the year 2002, the cost of Part 150 implementation for noise projects has exceeded $3.319 billion for over 253 participating airports. (See Exhibit 1) We have extracted FAA actions for an even broader expansion of the FAA's Part 150 noise abatement programs which now includes extensive mitigation in the DNL 60dB contour for two major cities which are addressed below! If 60 to 64dB were used in Virginia Beach as a required noise contour, almost 50% of the population would be encompassed. The Navy is required to report the NAS Oceana noise exposure of the 60dB contour as part of the EIS process. (Wyle; WR 97-10 4-34) "The 60dB DNL contour forms a corridor about 9 miles wide and extends from about 3 miles south of NALF Fentress to the Virginia Beach Coastline". The Navy's experts also reported that 60dB to 65dB contour in ARS 2 covers 22,720 acres with a population of 49,011 which would bring the estimated impacted population to well over 170,000 within the 60dB to 85dB+ noise contours.* Note the following commitment by the FAA to mitigate even the noise band of 60 to 64dB DNL for two major cities. This action is anticipated to expand within other commercial jet noise impacted communities. The rationale for the extended mitigation is that within that lower noise contour, overhead aircraft still provide very high single noise events! . . ."Minneapolis and Cleveland have recently taken steps to formally establish DNL 60 dB as their local threshold for compatible land use. Both announced programs to expand their Part 150 residential sound insulation programs to the DNL 60 dB contour line. Will the FAA approve the use of Federal funds for sound insulation programs outside of DNL 65 dB noise contours? The answer is yes! Cleveland's Part 150 Update (http://www.faa.gov/arp/app600/14cfr150/roacle.htm) contains a measure to sound insulate residences within or contiguous to the 60 DNL band of the Noise Compatibility Program (NCP) noise contours. The FAA approved the measure in August, 2000 ,on the basis that the airport operator has adopted the DNL 60 dB noise contour as the designation of non-compatible land use, thus making the measure fully eligible for Airport improvement plan (AIP) or PFC funding." Mitigation measures would be eligible for federal funding if the impact for which the mitigation was proposed actually resulted from the federal action. NEPA provides a financial remedy to the impacted citizens. However, our Congressman and City Council must request this aid which could be similar to Part 150. Thus far no action has been taken, perhaps because that would acknowledge that a huge, undisclosed cost exists for mitigation. As a result of both the City of Virginia Beach and Congressional suppression of the monetary impacts, our citizens have been left without the critical aid and mitigation relief that impacted citizens in other cities readily receive with federal dollars. Since the F/A-18EF aircraft will arrive at NAS Oceana, a proactive mitigating initiative would significantly assist the Navy to help impacted citizens. Without a mitigation safety net, conflicts will continue to be rampant while serious impacts continue to be unresolved in Virginia Beach! If the City had dealt with this controversial issue in a responsible manner, organizations such as CCAJN would not exist, land use could be expanded and controlled, and inverse condemnation suits would not appear. A proactive mitigating action would provide many positive benefits. Not only would a mitigation program boost the tax roles to the city government, but a comprehensive sound attenuation program would also provide citizens, schools, and other sensitive facilities with much needed relief. Some of the options include land acquisition and financial assistance to those who wish to move to quieter environments. As a result of financial aid, many hundreds of millions of dollars would be added to both the building trades and the local economy! Theoretically, Virginia Beach is home to the loudest single noise events per-capita in the nation which without meaningful mitigation would impact on future growth in this City as well as seriously jeopardize quality of life. Eliminating these critical roadblocks can truly elevate the notion that this "City cares and is truly a Community for a Lifetime". The comprehensive mitigating initiatives in Minneapolis and other impacted cities should serve as a benchmark for dealing with jet noise in this City. Part of Councils' forthcoming mission to Congress should be targeted to secure vital mitigation funding! Without a sincere and dedicated mitigation initiative, this City will continue to endure serious conflicts with those who are impacted. The notion that a small minority of the citizenry is impacted is completely inaccurate. The recent letter to the editor from the eight Council members (December 2003) is viewed as a singular effort to retain property rights for builders. Although this is understandable, where is Council's concern for major tax paying residents who live and are impacted in high noise and APZ areas? The comments and positioning by council members in the Pilot clearly revealed inestimable support for developers of new projects and virtually no support for the tens of thousands of impacted residents who have resided in the escalating 65dB plus noise contours for years. Not a single word was uttered about mitigating health and safety impacts, for impacted families other than to raise the scenario that tens of thousands of homes are exposed to noise, "so what's a few more?" Noise intrusion from aircraft activities is perceived as far more disturbing than other kinds of noise" (see Exhibit 2 Wyle Labs extensive report for Navy & FAA on sound abatement solutions). Sound insulating consists of increasing the exterior-to-interior noise attenuation characteristics of a structure, i.e., reducing the level of high noise intrusion from aircraft overflights and ground operations. Single noise events are clearly the extensive intrusion the Navy has recently focused on which has been disregarded by most members of Council. Those high level impacts frequently exist outdoors, but also exist inside the home during over flights when windows are closed and at a much higher level when windows are opened! Virginia Beach and Chesapeake Citizens who are impacted by high noise should be given the same opportunity that the FAA provides for citizens living near commercial airports either by extensive sound abatement, assistance in moving, or guarantees of property values for those who chose to sell! Please note the extensive range of a recent update of Seattle's Part 150 program at SeaTac International Airport website, the purported sister city where many of our Council visited. Mitigation is extensive and has been approved for 10,000 residences, single family and multi family units, public and private schools, and even the acquisition and relocation of mobile home parks! Over $350 million have been spent on the programs and $200 million is being targeted for other related mitigation. The illogical reasoning by those Council members who believe it is proper to approve new construction in a high noise zone simply because prior approval had been given to thousands to build in these zones simply compounds the problem. A strict noise abatement policy on new construction, or land acquisition initiatives within the high noise contours, would help satisfy the needs of both the citizenry and the developers. Finally, it should be noted that the DoD has always recommended against building homes located within the APZ and a high noise zone that exceeds 75dB even with attenuation! Those who reside below those levels, however, are still exposed to high noise as well as substantial single noise events that can exceed the noise level of the Supersonic Concord.