Jun 24, 2017

Rockland Harbor Dredging update June 2017

Quick compendium of Rocklandharbor fishper info

Rockland Harbor Fish Pier dredging plan information
Harbor map (ACOE) pdf

Key agencies and laws involved

DREDGING
Federal
Army Corps of Engineers Clean Water Act, Rivers and Harbors Act
EPA   Clean Water Act's guidance  on dredging
NOAA Marine Protection, Research, and Sanctuaries Act

State
Maine DEP 
Maine Natural Resources Protection Act    Go to 38 §480-D-9. Standards

BEP gets jurisdiction over dredge plan searsport letter from DEP Commish Aho
DMR  says " Notice of Intent Not to hold a Public Meeting

Local
City of Rockland - finds funding source

NGO  Letter requesting DMR hold public hearing

DREDGE SPOILS DISPOSAL


1.

3. Reviews , discussion of of Maine dredging  governance

January 2016 .Safe Harbors: A Comparative Analysis of Dredging Regulation in New England
U Maine School of Law.  (Scroll down for Maine section)

Federal Govt Role in Dredging in Maine

Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACE) “share responsibility for ensuring that dredged [sediment] disposal into the aquatic environment [occurs] in an environmentally acceptable manner.” 39
Fed Laws:   Clean Water Act and the Marine Protection, Research, and Sanctuaries Act

State Govt Role in dredging in Maine

Maine Coastal Program (MCP) coordinates state agencies involved in dredging and disposal


Lobstermen protest dumping of dredge
http://www.nytimes.com/2000/08/06/sports/outdoors-maine-lobstermen-protest-dumping-of-dredge.html

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Contaminated Sediment Remediation Guidance for Hazardous Waste Sites
DCP Midstream stormwater plan narrative
Cleaning Up Contaminated Sediment Citizen's Guide


Applications to Dredge or to Dispose of Dredged Material in Coastal Waters


http://penbay.org/dcp/dcp2012/dcp_town_application/App%20F%20Stormwater%20Narrative.pdf

Army Corps of Engineers summary Rockland Harbor


Maine Natural Resources Protection Act (NRPA)

38 §480-D. Standards

9. Dredging. If the proposed activity involves dredging, dredge spoils disposal or transporting dredge spoils by water, the applicant must demonstrate that the transportation route minimizes adverse impacts on the fishing industry and that the disposal site is geologically suitable. 

The Commissioner of Marine Resources shall provide the department with an assessment of the impacts on the fishing industry of a proposed dredging operation in the coastal wetlands. The assessment must consider impacts to the area to be dredged and impacts to the fishing industry of a proposed route to transport dredge spoils to an ocean disposal site. The Commissioner of Marine Resources may hold a public hearing on the proposed dredging operation. 

In determining if a hearing is to be held, the Commissioner of Marine Resources shall consider the potential impacts of the proposed dredging operation on fishing in the area to be dredged. If a hearing is held, it must be within at least one of the municipalities in which the dredging operation would take place. 

If the Commissioner of Marine Resources determines that a hearing is not to be held, the Commissioner of Marine Resources must publish a notice of that determination in a newspaper of general circulation in the area proposed for the dredging operation.

 The notice must state that the Commissioner of Marine Resources will accept verbal and written comments in lieu of a public hearing. The notice must also state that if 5 or more persons request a public hearing within 30 days of the notice publication, the Commissioner of Marine Resources will hold a hearing. If 5 or more persons request a public hearing within 30 days of the notice publication, the Commissioner of Marine Resources must hold a hearing. 

In making its determination under this subsection, the department must take into consideration the assessment provided by the Commissioner of Marine Resources. The permit must require the applicant to:
A. Clearly mark or designate the dredging area, the spoils disposal route and the transportation route;
B. Publish in a newspaper of general circulation in the area adjacent to the route the approved transportation route of the dredge spoils; and .]
C. Publish in a newspaper of general circulation in the area adjacent to the route a procedure that the applicant will use to respond to inquiries regarding the loss of fishing gear during the dredging

(End of dredge section of statute)


2. People and agencies involved in Dredging around Penobscot Bay 2016  2pg PDF

3. Reviews , discussion of of Maine dredging  governance

January 2016 .Safe Harbors: A Comparative Analysis of Dredging Regulation in New England
U Maine School of Law.  (Scroll down for Maine section)

Federal Govt Role in Dredging in Maine

Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACE) “share responsibility for ensuring that dredged [sediment] disposal into the aquatic environment [occurs] in an environmentally acceptable manner.” 39
Fed Laws:   Clean Water Act and the Marine Protection, Research, and Sanctuaries Act

State Govt Role in dredging in Maine

Maine Coastal Program (MCP) coordinates state agencies involved in dredging and disposal

 State Law :  Natural Resources Protection Act (NRPA)  Comprehensive dredging permit. It is issued in accordance with the  and is required to engage in dredging and filling activities.

An MNRPA permit can take anywhere from 14 to 120 days to issue and Maine law requires that approximate processing times be printed on applications. 206
The large timeframe spread accounts for the most simple through to the most complex projects.207
If the proposed

dredge site is located on state-owned submerged land, a “submerged lands lease” is also required.208

Under MNRPA rules, dredging cannot “unreasonably interfere with the natural flow of any surface or subsurface waters.” 209

An MNRPA permit is not always required, though. For example, maintenance dredging in an area that has been “disturbed” within the last ten years and calls for removing less than 50,000 cubic yards of sediment may be exempt.210 On the other hand, if disposal of that sediment will be taking place on land, Maine solid waste management rules apply and a special dumping permit may be needed. 211

 The Maine Coastal Program (MCP) coordinates state agencies involved in dredging and disposal activities.

 A second, MCP-affiliated informal group also meets to discuss dredging issues.213 Its members include representatives from the Maine Department of Transportation, the Department of Environmental Protection (MDEP), Marine Resources, the State Planning Office, and the Maine Geological Survey.214

Detailed permit application information is available at the MDEP’s website.215 Prospective applicants are encouraged to contact MDEP to schedule a pre-application consultation, especially if a project seeks “new dredging or use of a non-designated disposal site.”216

If a private dredging activity requires an MNRPA permit, the applicant must cause a notice of the project to be published in the local newspaper. 217 If disposal is slated for an open water site, the barge’s route must also be published but under the headline: “Notice to Fishermen.”218

If a dredging project will be performed by a federal agency, “pre-application, pre-submission, and public informational meetings are required.” 219 This is what has been happening at Searsport.

Water Quality. Under Maine’s NRPA, dredged sediment is evaluated against federal EPA pollution standards.220
Multiple rounds of testing may be required.221
Data results are collected and kept on file; if an applicant wants to dredge an area where the sediment has been tested within the previous three years, a new sediment test may not be required.222 In Maine, dredging typically occurs between November 1st and April 15th to minimize impact on marine life.223 Lobster migration is a particular concern for regulators. 224

Dredging Best Practices. Maine does not publish general recommendations regarding specific dredging techniques, but “best management practices are made to permit applicants on a case-by-case basis.” 225

Dredged Sediment Disposal. Maine does not have a long-term plan for managing the disposal of dredged sediment, although in the past state officials have said the issue needs attention.226

Generally, there are four ways to dispose of dredged sediment in Maine. 

First, if the sediment is clean, it may be repurposed for beneficial use; as beach sand, for example.227


Second, if using it for beneficial purposes is not an option, “Maine views ocean disposal as the best alternative” if the sediment meets EPA and ACE standards.228


Third, the sediment may be disposed of inland provided it has less than hazardous concentrations of PCBs.229


Finally, if the sediment exceeds the PCB threshold, it must be disposed of pursuant to hazardous waste regulations.230


Compared to the rest of the U.S., “the options for disposal of dredged material in Maine are limited.”231


Contaminated Sediment Remediation Guidance for Hazardous Waste Sites
DCP Midstreaam stormwater plan narrative
Cleaning Up Contaminated Sediment Citizen's Guide


Applications to Dredge or to Dispose of Dredged Material in Coastal Waters


http://penbay.org/dcp/dcp2012/dcp_town_application/App%20F%20Stormwater%20Narrative.pdf

Army Corps of Engineers summary
"The project in Rockland Harbor consists of five channels along the central waterfront with varying depths and widths, and a 4,346-foot-long stone breakwater that extends southerly from Jameson Point. The dimensions and locations of these channels are:
  • An 18 foot deep access channel, 200 feet wide, extending from deep water east of the U.S. Coast Guard facility to a point west of the facility.
  • A 14 foot deep channel, 150 feet wide, that begins at the end of the 18 foot deep channel and ends at a point opposite Whitmoyer Laboratories.
  • A channel 14 feet deep and 150 feet wide extending from the 18 foot deep access channel to Lermond Cove, behind the central waterfront, in the vicinity of Schooner Dock.
  • A channel 14 feet deep and 100 feet wide extending from the aforementioned 14 foot deep channel to the vicinity of the Rockland/Rockport Lime Company.
  • A channel 14 feet deep and 100 feet wide extending from the 18 foot deep access channel to the vicinity of the E.F. Drew Company and Holmes Packing Company.
The breakwater was completed in 1904 and the channels were completed in 1959."