Stellwagen Bank FEIS/MP Appendices 



Page G7 



A few commenters suggested that the MBDS 

 should be moved to a location further away from 

 the Sanctuary, to avoid possible conflicts. 



NOAA Response : NOAA agrees that there should 

 be appropriate distance between ocean dumping 

 sites and national marine sanctuaries to avoid 

 possible conflicts and to ensure resource protection. 

 The MBDS, like other ocean disposal sites, is 

 designated by EPA under Title I of the MPRSA. 

 Subsequent permitting of dredged material disposal 

 activities at such sites is the responsibility of the 

 COE, in conformance with EPA guidelines. As part 

 of its current designation process under NEPA, 

 EPA has considered alternative locations for a 

 permanent dredged materials disposal site in its 

 Final Environmental Impact Statement published in 

 July 1992. As indicated in response to comments 

 D.l and D.4, studies demonstrate that dredged 

 materials disposed at the MBDS do not enter the 

 Sanctuary and cause injury to Sanctuary resources. 

 Further, NOAA plans to work with EPA and COE 

 to ensure that ocean disposal does not harm 

 Sanctuary resources or qualities. 



4. Current Management of MBDS Is Adequate To 

 Protect Sanctuary Resources; NOAA Has Not 

 Demonstrated The Need For Additional 

 Regulation. 



Two commenters, the Environmental Protection 

 Agency (Region I) and the U.S. Army Corps of 

 Engineers (New England Division), stated that 

 current management of the MBDS is adequate to 

 protect Sanctuary resources and qualities, and that 

 NOAA has not demonstrated the need for 

 additional regulation under Title III. 



Sanctuary or harm Sanctuary resources, therefore, 

 NOAA certification of COE disposal permits does 

 not appear necessary at this time. NOAA will 

 cooperate with EPA and COE to ensure that these 

 disposal activities do not harm the Sanctuar). 

 NOAA will also scrutinize the current COE 

 proposal to dispose contaminated sediments at 

 MBDS, as part of a capping demonstration project 

 for Boston Harbor. NOAA and EPA agree thai 

 permits for disposal of dredged materials at the 

 MBDS should not be issued if there is a potential 

 for those materials to cause harm to Sanctuary 

 resources or qualities. Additionally, COE must 

 consult with the Secretary of Commerce if 

 permitted activities at the MBDS are likely to harm 

 Sanctuary resources. 



E. HYDROCARBON ACTIVITIES 



Offshore Hydrocarbon Activities Should Be 

 Prohibited In The Sanctuary. 



Many commenters stated that offshore oil 

 and gas, or hydrocarbon, activities should be 

 prohibited in the Sanctuary. The sentiment was alsi.i 

 voiced that hydrocarbon activities are inappropriate 

 inside any national marine sanctuary. Some 

 commenters believed that reliance on the current 

 Presidential moratorium (extending to the year 

 2000) for protection of resources at Stellwagen 

 Bank is inadequate, because such moratorium could 

 be altered or negated immediately, leaving the area 

 available for exploration, development, and 

 production activities. Commenters voiced support 

 for a permanent prohibition on such activities, 

 rather than listing the activity as "subject to 

 regulation" in the proposed Sanctuary's regulations. 



NOAA Response : Title I and its regulations 

 establish a comprehensive framework for the 

 management and regulation of dredged material 

 disposal activities, and are designed to avoid harm 

 to Sanctuary resources. However, NOAA's 

 stewardship and comprehensive management 

 responsibilities under Title III provide an 

 appropriate supplementary role for protecting 

 Sanctuary resources and qualities, as well as 

 addressing problems between conflicting uses of the 

 Sanctuary. Current studies indicate the dredged 

 materials disposed at MBDS do not enter the 



NOAA Response : NOAA agrees that oil and gas 

 development is usually an incompatible use of a 

 national marine sanctuary. NOAA has considered 

 the effects of and the need for imposing a 

 prohibition on hydrocarbon activities within the 

 Sanctuary. Among the factors considered by 

 NOAA were the historically low industry interest in 

 the Stellwagen Bank area, based upon low estimates 

 of recoverable oil and gas resources; the current 

 Presidential moratorium on such activities, effective 

 until the year 2000; and the ability of NOAA to 

 protect the Sanctuary's living and non-living 



