Stellwagen Bank FEIS/MP Appendices 



Page G6 



NOAA agrees with commenters that some form of 

 joint monitoring should be considered to determine 

 any possible effects resulting from the MWRA 

 outfall. The MWRA has stated its commitment to 

 ongoing study and monitoring of the outfall's 

 impacts on Massachusetts Bay, and to its active 

 participation in the Massachusetts Bays Program. 

 Additionally, the EPA and NMFS will study 

 potential effects of the MWRA outfall activities. 

 The National Ocean Service (NOS) plans to be 

 involved in these efforts by coordinating with EPA 

 and NMFS to ensure protection of Sanctuary 

 resources and qualities. 



D. DISPOSALS: MASSACHUSETTS BAY 

 DISPOSAL SITE 



L MBDS Should Be Included Within The 

 Sanctuary. 



A large number of commenters stated their belief 

 that the Massachusetts Bay Disposal Site (MBDS) 

 should be included in the Sanctuary so that NOAA 

 would have greater control over disposal activities 

 and the future of the disposal site itself. Included 

 in this group are the National Marine Fisheries 

 Service, Nantucket Land Council, Environment 

 Department of City of Boston, Barnstable County 

 Assembly of Delegates, Center for Coastal Studies, 

 International Wildlife Coalition, New England 

 Aquarium, Cetacean Research Unit, Atlantic 

 Cetacean Research Center, Conservation Law 

 Foundation, Center for Marine Conservation, 

 Stellwagen Bank Coalition and Urban Harbors 

 Institute/University of Massachusetts at Boston. 



An additional comment was that the MBDS should 

 be included within the Sanctuary so that NOAA, 

 through the Sanctuary, could shut down the disposal 

 site if environmental harm resulting from disposal 

 activities is demonstrated. 



NOAA Response : Ocean disposal activities within 

 a Sanctuary are generally not compatible with the 

 purposes of Sanctuary designation and the policies 

 of the MFRSA. Sanctuary boundaries should 

 primarily be based upon the existence of nationally 

 significant resources. Protection of Sanctuary 

 resources does not require the inclusion of ocean 

 disposal sites. EPA/COE regulations are designed 



to avoid the designation and use of areas which are 

 rich in resources. EPA/COE regulations are also 

 designed to prevent harm to Sanctuary resources. 

 Sanctuary regulations prohibit disposal activities 

 outside the Sanctuary which result in the entry of 

 disposed materials into the Sanctuary and injury to 

 Sanctuary resources or qualities. NOAA and EPA 

 agree that dredged material disposal permits should 

 not be authorized if there is a potential for those 

 materials to cause harm to Sanctuary resources or 

 quahties. The COE may issue permits for disposal 

 of dredged materials under §103 of MPRSA only 

 with EPA concurrence. In addition, the MPRSA 

 mandates consultation with the Secretary of 

 Commerce prior to COE issuance of MBDS 

 permits. There is therefore no need to include the 

 MBDS site within the Sanctuary boundary. In any 

 event, the Sanctuary boundary was established by 

 Section 2202(b) of NMSPAA.' 



Future proposed uses of the MBDS will be 

 reviewed by NOAA to ensure that disposal activities 

 are consistent with the purposes of the Sanctuary. 

 If NOAA finds that harm to Sanctuary resources oi 

 qualities has occurred as a result of disposal 

 activities, then it will take additional management 

 measures, but only as is appropriate and necessary 

 for meeting its mandate of resource protection and 

 comprehensive management under Title III. 



2. Use Of The MBDS Should Be Phased Out, or 

 Closed. 



A few commenters, including the Massachusetts 

 Association of Conservation Commissions, stated 

 that use of the MBDS should be phased out, or thai 

 the site should be closed. 



NOAA Response : Sanctuary designation will 

 preclude ocean disposal in the Sanctuary. 

 Certification of ocean disposal outside the Sanctuary 

 is not necessary, because studies indicate disposed 

 materials do not enter the Sanctuary and injure 

 Sanctuary resources or qualities. NOAA will 

 cooperate with EPA and COE to ensure no injury 

 to Sanctuary resources or qualities will result from 

 such dredging activites. 



3. The MBDS Should Be Moved Further Away 

 From The Sanctuary. 



