UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL.MARINE FISHERIES SERVICE
NORTHEAST REGION
One Blackbum Drive
Gloucester, MA 01930-2298
MARCH 29, 2001
Christine Godfrey
Acting Chief, Regulatory Branch
U.S. Army Corps of Engineers
696 Virginia Road
Concord, MA 01742-2751
Re: SamoRock, LLC, Rockport, Maine, file #200002679
Dear Ms. Godfrey:
The National Marine Fisheries Service (NMFS) has reviewed the application of SamoRock, LLC, for a permit under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act to construct and maintain a yacht club in Rockland Harbor, Maine. The crib supported pier would be 430 feet long by 12 feet wide and connected by a 50-foot long ramp to an extensive network of floats. The structures would shade nearly 17,000 square feet of marine habitat. The cribs would be ofopen granite construction and would fill approximately 1300 square feet of intertidal and subtidal habitat. The applicant is also proposing to install ten single point moorings. No dredging is proposed.
The lower Penobscot Bay has been designated as Essential Fish Habitat (EFH) for a number of federally managed fish species. The Army Corps of Engineers (ACOE) has determined that the Atlantic Challenge project is likely to have only temporary and insubstantial adverse effects on EFH. Eco-Analysts, Inc. conducted sampling in part of the project area to identify site conditions and to perform a functional assessment of the affected habitats. Their surveys consisted of core samples and qualitative observations in the inter-tidal zone and handheld dip-net sweeps across the bottom in the shallowest part (depth <1 foot) of the sub-tidal zone. The subtidal sampling was inadequate to represent the subtidal portion of the marina project area. No sampling was conducted in the area proposed for moorings. NMFS cannot concur with the ACOE's determination until more details on the subtidal zone are known.
The fisheries habitat most susceptible to damage from the presence and operation of the marina is eelgrass. Eelgrass is considered a Special Aquatic Site under the Clean Water Act 404(b)(1) guidelines and is known to exist in Rockland Harbor. Local fishermen report its presence just inside the breakwater. An eel grass survey in the project area and in adjacent waters is needed. The marina's systems of floats and the boats using the facility are likely to shade bottom habitats. If eelgrass is present, it is likely to be damaged by the shading. Vessels operating in the shallow subtidal zone may scour sediments, exposing rhizomes and damaging plants. Finally, moorings may fill eelgrass habitat with the anchor block, and the mooring chains destroy the plants as they rake the bottom with each change of tide.
SamoRock's granite crib pier supports constitute 1300 square feet of fill of mud/cobble beach habitats and destroy epifauna and infauna in the footprints. The applicant suggests that the exposed surfaces of the granite blocks themselves and the attachment area they provide for rockweed and crustaceans compensate for the fill. We do not accept this proposal as valid. Compensation should be aimed at restoring or recovering habitat with functions and values like those that are being filled.
Secondary impacts of marinas include water quality degradations that result from discharges of boat sanitary and fuel tanks. The application materials should include the applicant's plans for providing convenient access for boaters to sanitary pump-out stations or for providing rapid response to fuel oil spills.
EFH Conservation Recommendations
The following EFH conservation recommendations are issued pursuant to Section 305(b)(4)(B) of the Magnuson-Stevens Act.
* Before issuance of the permit, the applicant should survey for the presence of eelgrass in all the subtidal parts of the project area, including the mooring field, plus a 150-foot wide buffer area around the perimeter of the site. Survey methods should include video transects or other means of examining representative sections of the area in various depth strata. If eelgrass is present in any quantity or density, the applicant should develop a plan for avoiding adverse shading effects and propeller scour of the Special Aquatic Site.
* If eelgrass is discovered in the area proposed for the moorings, that part of the project should be relocated or redesigned to ensure mooring blocks and chains will not affect the eelgrass adversely.
* Secondary impacts of marina construction include septic and fuel discharges from boats. The applicant should provide a copy of any plans for convenient sanitary pump-out facilities and for fuel spill containment.
Per the Magnuson-Stevens Act, the ACOE, as the federal action agency, is required to provide a detailed response to the EFH Conservation Recommendations, including a description of measures adopted by the ACOE for avoiding, mitigating, or offsetting the impact of the project on EFH, or thorough justification for not doing so. If the EFH Conservation Recommendations are incorporated into the permit, then the ACOE's Permit Issuance Letter with the incorporated conditions will be a satisfactory response.
NMFS received several letters from residents of Rockland who are concerned about the development of this project and its potential effects on fish habitats, aesthetics, and local fishing operations. In this letter we have attempted to relate the public's concerns regarding potential environmental degradations. Matters related to the viewscape, exclusive use of the project area, and interactions between recreational boaters and fishing gear are not within NMFS' purview and we defer to state and local authorities.
If you would like to discuss this project and NMFS' comments further, please contact Daniel Morris of the Habitat Conservation Division at (978) 281-9237.
Sincerely,
Peter D. Colosi
Assistant Regional Administrator for
Habitat Conservation
cc: Mahaney, ACOE
Mahaney, USFWS
Pentony, NEFMC
Swan,MEDMR
Keen, MEDEP
Ms. Debby Atwell, Rockland, ME
Mr. David Erdman, Rockland, ME
Mr Ron Huber, Rockland, ME