[Federal Register Volume 70, Number 215 (Tuesday, November 8, 2005)]
[Notices]
[Pages 67669-67672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22237]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 051102288-5288-01; I.D. 102805B]


New Bedford Harbor Trustee Council; Proposed Funding for Natural 
Resource Restoration Projects

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: On behalf of the New Bedford Harbor Trustee Council (Council), 
NMFS, serving as the Administrative Trustee, publishes this notice to 
see comment on its proposed funding of six restoration projects for 
possible implementation through funding from the AVX Natural Resource 
Damages Trust Account (Trust Account). The Council, through an earlier 
published Federal Register notice requested grant applications for 
projects to restore natural resources that were injured by the release 
of hazardous substances and materials, including polychlorinated 
biphenyls (PCBs), in the New Bedford Harbor Environment (Harbor 
Environment). Nineteen grant applications for natural resource 
restoration projects were submitted for consideration by the Council. 
The Council is now seeking public comment on the preferred projects to 
assist in making a final decision on projects eligible for funding.

DATES: The Council will accept comments on the proposed restoration 
projects through 30 days after date of publication in the Federal 
Register and will hold a public hearing regarding the preliminary 
selection.
    The public hearing will be held on November 16, 2005, at 7 p.m.

ADDRESSES: Please send your comments by email to: [email protected] or by 
mail to: New Bedford Harbor Trustee Council, c/o National Marine 
Fisheries Service, 1 Blackburn Drive, Gloucester, MA 01930, Attn.: Jack 
Terrill. Comments also may be sent via facsimile (fax) to 978-281-9301.
    The public hearing will be held at the Days Inn, 500 Hathaway Road, 
New Bedford, MA.

FOR FURTHER INFORMATION CONTACT: Jack Terrill, Coordinator, 978-281-
9136, fax 978-281-9301, or e-mail [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    New Bedford Harbor is located in southeastern Massachusetts at the 
mouth of the Acushnet River on Buzzards Bay. The Harbor and River are 
contaminated with high levels of hazardous substances and materials, 
including PCBs, and as a consequence are on the U.S. Environmental 
Protection Agency's (EPA) Superfund National Priorities List. This site 
is also listed by the Massachusetts Department of Environmental 
Protection as a priority Tier 1 disposal site.
    The Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA or ``Superfund,'' 42 U.S.C. 9601 et seq.) 
designates as possible natural resource trustees Federal, state, or 
tribal authorities who represent the public interest in natural 
resources. The trustees are responsible for recovering funds through 
litigation or settlement for damages for natural resource injuries. 
CERCLA requires that any recovered monies be used to ``restore, 
replace, or acquire the equivalent of'' the natural resources that have 
been injured by a release of a hazardous substance.
    For the New Bedford Harbor Superfund Site, there are three natural 
resource trustees on the Council representing the public interest in 
the affected natural resources. They are the Department of Commerce 
(DOC), the Department of the Interior, and the Commonwealth of 
Massachusetts. The Secretary of Commerce has delegated DOC trustee 
responsibility to NOAA; within NOAA, NMFS has responsibility for 
natural resource restoration at this site. The Secretary of the 
Interior has delegated trustee responsibility to the U.S. Fish and 
Wildlife Service. The Governor of Massachusetts has delegated trustee 
responsibility to the Secretary of Environmental Affairs.
    To initiate restoration of the New Bedford Harbor Environment the 
Council previously issued two ``Request(s) for Restoration Ideas'' in 
October 1995 (60 FR 52164, October 5,

[[Page 67670]]

1995) (Round I) and August 1999 (64 FR 44505, August 16, 1999) (Round 
II). For each round, restoration ideas were received from the local 
communities, members of the public, academia and state and federal 
agencies. The 56 restoration ideas submitted under Round I were the 
basis for the alternatives listed in the Council's ``Restoration Plan 
for the New Bedford Harbor Environment'' (Restoration Plan) that was 
developed to guide the Council's restoration efforts. An environmental 
impact statement (EIS) was prepared in conjunction with the Restoration 
Plan to fulfill requirements of the National Environmental Policy Act. 
A record of decision, issued on September 22, 1998 for both the 
Restoration Plan and the EIS, provided for implementation of 11 Round I 
preferred restoration projects through funding provided by the Trust 
Account.
    Thirty-five restoration ideas were submitted to the Council under 
Round II. Following procedures established in the Restoration Plan/EIS, 
an environmental assessment was prepared to evaluate the ideas. A 
public comment period/hearing was held and after consideration of the 
comments received, the Trustee Council decided to pursue implementation 
of 17 restoration ideas.
    Rather than requesting restoration ideas, Round III solicited grant 
applications for natural resource restoration projects. This process 
has the advantage of allowing for faster implementation of projects by 
having applicants conduct the restoration projects after receiving 
direct funding through NOAA-issued grants. Further this process allows 
Trustee Council staff to continue implementation of Round I and Round 
II projects while still providing oversight to Round III projects.
    The Round III solicitation appeared in the Federal Register (70 FR 
5191, February 1, 2005), on the World Wide Web on GRANTS.GOV where a 
Federal Funding Opportunity (FFO) was published, and on the Trustee 
Council's webpage at www.restorenbh.gov. A total of 19 applications 
were received, but of these, four were rejected for not being related 
to the New Bedford Harbor restoration activities. Following procedures 
specified in the FFO, technical reviewers independently rated each 
application using five evaluation criteria which totalled 100 points. 
The applications were then ranked by the total score received. In 
addition to the technical review, a legal review was conducted to 
ensure the resulting projects were consistent with the requirements of 
CERCLA. The results of the technical review was provided as a 
recommendation to the Trustee Council.
    The FFO also established in Section V.B. Review and Selection, that 
the ``Council will review the recommendation, accept or modify the 
recommendations, and make a preliminary determination of the projects 
it expects to undertake.'' Following this, the Council will initiate a 
30-day comment period during which a public hearing would be held.
    The Council is now seeking public review of the preferred projects 
and the proposed level of funding for each project. The public is also 
invited to attend a public hearing (see DATES and ADDRESSES) to provide 
oral comment based upon its review of the Trustees' preliminary 
recommendations.
    At the conclusion of the comment period, the Council will consider 
the comments from the public and its advisors before making final 
decisions on the projects eligible for funding through the Trust 
Account.
    Prior to final approval for funding, all selected projects require 
environmental review under applicable law and the submission of 
detailed scopes of work for Council review and approval. The release of 
funds may be conditioned on the results of project activity such as 
feasibility studies or assessments. In addition, implementation of the 
projects may be conditioned or delayed, and the funds therefore held in 
reserve, until more information becomes available or specific 
conditions are met. Funds held in reserve will continue to be held in 
the interest bearing Trust Account, administered by the Court Registry 
Investment System of the United States District Courts.

II. The Preferred Project Ideas Recommended by the Trustee Council

    Below is a description of the preferred projects proposed by the 
Council for potential implementation and funding. A draft environmental 
assessment has been prepared which provides further information on the 
preferred projects and a discussion of those ideas which are not 
considered preferred projects. The draft environmental assessment is 
available at the Council office (see ADDRESSES) or by accessing the 
Council website http://www.restorenbh.gov.

1. Acushnet River: ``Headwaters to Bay'' Land Conservation Project.

    The project was composed of four separate subprojects which follow:
a. Acushnet River North (Requested amount: $833,500; Council suggested 
amount: to be determined based upon the option chosen)
    The project is located in East Freetown and Acushnet, MA at the 
headwaters of the Acushnet River. The alternative is to provide funding 
for the purchase of 88 acres (35.6 hectares) of undisturbed forest and 
wetlands west of Squam Brook and open the property to the public for 
passive recreational use. The parcel would also be protected through 
the attachment of a permanent conservation restriction to the deed. An 
additional 90 acres (36.4 hectares) east of Squam Brook would be 
protected through the purchase of a conservation restriction (CR) on 
the land. This action would prevent any future development of the land 
and preserve the existing agricultural use (cranberry production) in 
accordance with Best Management Practices. The eastern portion of the 
site would remain in private ownership with public access limited by 
the owners.
    The Trustee Council has preliminarily approved the project for 
possible implementation pending public comment on its decision and the 
project. The Trustee Council is considering two options for the 
project: (1) Purchase and/or CR of the entire property or (2) purchase 
and/or CR of the western portion of the property only. The western 
portion is characterized by upland forest and wetlands leading down to 
an irrigation reservoir and Squam Brook. This second option would not 
purchase a CR on the eastern portion where there are active cranberry 
bog operations. The Council favors outright purchase, the second 
option, to provide greater protection to the headwaters since there is 
development pressure in this area. The Council is not as interested in 
the eastern portion unless the potential exists for restoring the 
natural condition of the wetlands.
b. Acushnet Saw Mill (Requested amount: $1,651,500; Council suggested 
amount: to be determined based upon the option chosen)
    This project is located in Acushnet, MA on the Acushnet River at a 
point where the freshwater portion ends and the tidal estuary begins. 
Funds would be provided for the fee simple purchase and conservation 
restriction of 21 acres (8.5 hectares) (consisting of field, forest, 
riverfront, freshwater pond and marsh) at the Acushnet Sawmill site 
from its present owners. The site is the location of the first dam on 
the Acushnet River that is being examined by the Trustee

[[Page 67671]]

Council and the Massachusetts Division of Marine Fisheries for 
modifications to restore anadromous fish passage under Round I. There 
are presently three buildings located on site as well as other 
structures associated with a once active sawmill and lumberyard. The 
applicant envisions restoring this site to a natural state through the 
removal of all the buildings and pavement covering approximately 4 
acres (1.6 hectares). While this may be a long-term objective of the 
applicant, the only action to be taken at this time is the fee simple 
acquisition and conservation restriction. This action would prevent 
further development of the site.
    The Trustee Council has preliminarily approved of the project for 
possible implementation pending public comments on its decision and the 
project. The Trustee Council is considering two options for the 
project: (1) Purchase and/or CR of the entire property or (2) purchase 
and/or CR of the undeveloped portion of the property composed primarily 
of the eastern portion of the property. The concern over the developed 
portion is the amount of effort needed to restore the property to 
natural conditions and the various unknowns associated with the 
commercial use (e.g. sawmill operations) of the site. The Council has 
not made a decision on either option and invites public comment.
c. Marsh Island South (Requested amount: $447,500; Council suggested 
amount: up to $397,500)
    The project is located in Fairhaven, MA in the Inner Harbor just 
south of the Route 195 crossing. Funds would be provided for the fee 
simple purchase and conservation restriction of a 7.68-acre (3.1-
hectare) site on the southern portion of a peninsula known as Marsh 
Island in Fairhaven. (The remaining northern portion of Marsh Island 
was purchased using Trustee Council funds authorized in Round II. The 
Trustee Council is investigating the feasibility of restoring the salt 
marsh that was present before fill was placed on the island.) Prior to 
the purchase, funds would be provided for a title examination, fair 
market real estate appraisal, environmental site assessment and survey 
(if needed).
    The Trustee Council has preliminarily approved the project for 
possible implementation subject to consideration of public comment. The 
Council is concerned about the two existing radio towers on site and 
will explore with the applicant options for their eventual removal. The 
Council does not believe the $50,000 for ``Restoration Planning and 
Design'' is required since the Council is already funding efforts on 
Marsh Island revolving around salt marsh restoration.
d. Viveiros Farm (Requested amount: $1,270,000; Council suggested 
amount: up to $1,270,000)
    The project is located on the eastern side of Sconticut Neck, 
Fairhaven, MA. The overall project goal is to protect 127 acres (51.4 
hectares) (comprised of farmland, salt marsh, freshwater wetlands and 
coastal beach) from future development through a combination of land 
protection methods. Funding would be used for a fee simple purchase on 
40 acres (16.2 hectares) and a conservation restriction would be placed 
on 16 acres (6.5 hectares). The remaining 71 acres (28.3 hectares) 
would be acquired using an Agricultural Protection Restriction (APR) 
through the Massachusetts Department of Agricultural Resources (MDAR). 
The amount requested from the Trustee Council would be cost shared with 
$2,050,000 coming from a North Atlantic Wetland Conservation Act oil 
spill grant, a MDAR grant and other municipal and private sources.
    The Trustee Council has preliminarily approved the project for 
possible implementation subject to consideration of public comment. The 
Trustee Council would like clarification on how its funding would be 
used and for which components of the project. The Council is uncertain 
whether Council funding would be used to supplement MDAR funding for 
the APR. The Council is not interested in funding the APR and does not 
want agricultural use of the Council funded portion of the land.

2. Apponagansett Bay Resource Restoration Feasibility Study (Requested 
amount: $175,000; Council suggested amount: $175,000)

    The project is located in Dartmouth, MA where the Padanaram 
Causeway crosses Apponagansett Bay. The project would investigate the 
feasibility of restoring a more natural tidal exchange between inner 
Apponagansett Bay, outer Apponagansett Bay and Buzzards Bay by 
installing additional openings in the Padanaram causeway. A feasibility 
study would be conducted to determine whether modifying the Padanaram 
causeway will increase tidal flushing with the inner Bay with the goal 
of restoring upstream degraded resources, including salt marsh and 
shellfish beds.
    The feasibility study would consist of two phases. The first phase 
would consist of data collection and developing and running a 
hydrodynamic model. The results of the first phase will describe the 
modifications to the causeway (such as installing additional culverts 
in the causeway) necessary to improve the resources of Apponagansett 
Bay and quantify the effects of such actions. The results of the first 
phase of the feasibility study would be presented to the Trustee 
Council. Should the results demonstrate that the project is worth the 
Council's continued support, the second phase of the feasibility study 
would be implemented. The second phase consists of the development of 
conceptual restoration plans that could be used to produce construction 
cost estimates and discuss regulatory approvals. Once this study is 
complete, the effects of additional openings in the causeway and the 
costs of implementing these changes will be known and a preferred 
restoration alternative will be developed. Funds for the further 
design, permitting and construction for such a project could be 
requested in a future Trustee Council funding round.
    The Trustee Council has preliminarily chosen to include the study 
as a preferred study for possible funding and implementation after 
consideration of public comment. Funding would be provided for the 
initial feasibility investigation (data gathering and hydrodynamic 
modeling) and if the results are favorable, and the Trustee Council 
approves, funding would then be provided for the second phase to 
produce the conceptual plan.

3. Restoration and Management of Tern Populations (Requested amount: 
$833,336.15; Council suggested amount: $833,336.15)

    The project is located on three islands in Buzzards Bay: Bird 
Island, Marion, Massachusetts; Ram Island, Mattapoisett, Massachusetts; 
and Penikese Island, Gosnold, Massachusetts. Roseate and common terns 
were injured while feeding on PCB- contaminated fish in the New Bedford 
Harbor Environment. The project goal is to rebuild and restore the 
population of roseate terns (a federally listed endangered species) and 
common terns through management or enhancement of nesting locations. 
The management aspect of this project involves moving other species, 
such as gulls, off the nesting areas and the daily monitoring of the 
terns that locate at the three islands. The project would also increase 
nesting habitat on Ram Island by removing an invasive plant Phragmites 
australis and filling an eroded section of the island.
    This idea would extend the work being conducted under restoration 
funding from Rounds I and II for an additional period of three years. 
Round

[[Page 67672]]

I provided funding ($266,400) to implement biological management and 
monitoring of tern colonies at Bird Island and Ram Island to restore 
populations of common terns and roseate terns. At Penikese Island, the 
project focused on reclaiming the island as a nesting site by managing 
gulls. Preliminary engineering work to stabilize Bird island and 
toxicological analyses of tern eggs were also funded. Round II funding 
($853,600) continued the Round I management efforts at the three 
islands for an additional six years. Further work was done to assess 
what needed to be done to improve tern nesting habitat at Bird Island. 
Samples of unhatched tern eggs were collected for chemical analysis. 
Overall tern numbers on the islands have increased 59 percent since 
Trustee Council funding commenced.
    The Trustee Council has preliminarily chosen to include the project 
as a preferred project for possible funding and implementation after 
consideration of public comment.

4. River Road Restoration Project (Requested amount: $954,453; Council 
suggested amount: $195,000 for wetland restoration components and 
signage)

    The project is located at 246 River Road, New Bedford, MA and is 
composed of 2.5 acres (1.0 hectares) of city-owned land along the 
Acushnet River. The project would return a former industrial site to 
open space including restoring a 23,000-square foot (2,137-square 
meter) salt marsh on filled tideland and creating walking trails, 
interpretative signs, canoe/kayak launch, picnic area, play area, lawn 
and parking area. The Acushnet River along this location has been the 
subject of EPA and the U.S. Army Corps of Engineers recent cleanup 
activity involving the removal of bottom sediments and replanting along 
the shoreline.
    The Trustee Council has preliminarily approved only the wetland 
restoration component of the project for possible implementation after 
consideration of public comment. The wetland restoration component will 
provide a direct benefit to injured natural resources.

5. Round Hill Salt Marsh Restoration Project (Requested amount: 
$164,000; Council suggested amount: $164,000)

    The project is located at Round Hill Point, Dartmouth, MA. The 
project would conduct an investigation exploring the feasibility of 
restoring up to 24 acres (9.7 hectares) of coastal salt marsh through 
the removal of significant amounts of fill material and re-grading to 
historic marsh elevations at the Round Hill Salt Marsh Restoration 
Site. A phased approach would be taken with Phase I involving a 
feasibility study and Phase II involving the conceptual design of the 
proposed project.
    Under Phase I, a contractor would be hired to complete a full 
feasibility study including development of historical background/site 
history, base mapping (vegetation, topographic and bathymetric maps as 
necessary), hydrologic and alternatives analyses and cut and fill 
calculations. Upon completion of Phase I, the feasibility study would 
be presented to the Trustees for their consideration and approval. If 
approved by the Trustee Council and project partners, the second Phase 
(Phase II) would proceed with conceptual design.
    Conceptual design would include development of conceptual 
alternatives and estimates of project costs. Completion of conceptual 
designs and cost estimates will be used to further develop the project 
with partners and regulatory authorities and aid in identifying a 
potential preferred alternative. Upon successful completion through 
Phase II with a conceptual design, the project team would re-apply for 
additional Trustee Council funding through future funding opportunities 
to complete final design, permitting and construction.
    The Trustee Council has preliminarily chosen to include the project 
as a preferred study for possible funding and implementation after 
consideration of public comment. Funding would be provided for the 
initial feasibility study. If the results are favorable and the Trustee 
Council approves, funding would then be provided for the second phase 
to produce the conceptual design and alternatives analysis.

6. West Island Beach (Requested amount: $162,000; Council suggested 
amount: $162,000)

    The project site is located at the entrance to West Island Beach in 
Fairhaven, MA. The project is intended to increase full tidal exchange 
to a tidally-restricted 8-acre (3.2-hectare) salt marsh by replacing an 
undersized culvert with a properly-sized culvert beneath the West 
Island Beach access road (Fir Street). Requested funds will be used to 
hire contractors to correctly size and design a culvert that will 
maximize tidal exchange with the West Island Beach marsh (without 
adversely affecting nearby properties), obtain all necessary permits 
and approvals, develop construction drawings, specifications and bid 
documents, construct the project, and install an interpretive sign that 
recognizes the contribution of the New Bedford Harbor Trustee Council 
and the project partners.
    The Trustee Council has preliminarily approved the idea for 
possible funding and implementation after consideration of public 
comment. The Council would be interested in pursuing an expansion of 
the project through the relocation of the beach parking lot and by 
removing the fill that was used to create the parking lot and will 
discuss this alternative with the Town of Fairhaven. Such a project 
change would require the approval of the Town.

Classification

    This notice does not contain a collection-of-information 
requirement subject to the Paperwork Reduction Act. A draft 
environmental assessment has been prepared which provides further 
information on the preferred projects and a discussion of those ideas 
which are not considered preferred projects. The draft environmental 
assessment is available at the Council office (see ADDRESSES) or by 
accessing the Council's website at http://www.restorenbh.gov.

    Authority: 42 U.S.C. 4321 et seq. and 9601 et seq.

    Dated: November 1, 2005.
Garry F. Mayer,
Acting Director, Office of Habitat Conservation, National Marine 
Fisheries Service.
[FR Doc. 05-22237 Filed 11-7-05; 8:45 am]
BILLING CODE 3510-22-S