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Case: New Bedford
Harbor, MA
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New Bedford Harbor Trustee Council Meeting Summary
Date: May 7, 1999
Location: Buttonwood Park Library, New Bedford
Time: 10:10 am to 12:45 pm
Attendance:
Interior/USFWS: Michael Bartlett (Trustee), Marcia Gittes
Massachusetts: Arthur Bergeron (Trustee), Dale Young (Trustee Delegate),
Tom LaRosa, Leigh Bridges, Paul Craffey, Karl Honkonen, David Janik, David
Whittaker
Commerce/NOAA: Sally Yozell (Trustee), Marguerite Matera, John Catena,
Jack Terrill
approximately 30 members of the public
Report:
· Arthur Bergeron designated Massachusetts Trustee.
Arthur Bergeron, First Assistant Secretary of Environmental Affairs, was
designated as the Trustee representing the Commonwealth of Massachusetts. Dale
Young will continue to be Trustee Delegate.
· Status of first round restoration projects
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Restoration Project |
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Eelgrass restoration |
Approved, funding request submitted to Court |
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Acushnet River herring run restoration |
Approved, funded and implemented |
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Sconticut Neck land purchase |
Approved, funded and implemented |
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Hurricane barrier box culvert |
Submitted to Army Corps of Engineers for study |
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Riverside Park environmental site assessment |
Approved and funded |
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Buzzards Bay tern restoration and management |
Approved, funded and implemented |
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Shellfish restoration and management |
Approved, submitted for funding |
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Wetlands inventory |
Approved, submitted for funding |
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Taber Park |
Application submitted |
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Padanaram salt marsh restoration |
Waiting for proposal |
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Harbor Master Plan |
Waiting for proposal |
· Trustee Council discusses reserving money for future restoration projects.
The Council met with Congressman Barney Frank, representatives of the City of
New Bedford and the Environmental Protection Agency (EPA) on March 29, 1999 to
discuss EPA's schedule for cleanup and to determine when restoration actions
could take place. During the discussion a question was raised as to how much
money needed to be reserved for restoration activities after the cleanup was
completed. The Council's Technical Advisory Committee (TAC) was asked to
develop a list of "compulsory" restoration projects and determine the
projects' expected costs.
The TAC met on April 9, 1999 to discuss the issue and prepared a recommendation
which was presented to the Council. The recommendation
identified several projects worth approximately $7.0 million for which the
Council had previously made commitments or would be appropriate for future
action.
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wetlands—stabilize wetlands on Acushnet/Fairhaven shore and construct
fringing wetlands on New Bedford shore of the upper harbor ($2.0 million)
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recreational areas—construct Riverside Park ($2.0 million)
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living resources—stock winter flounder ($0.5 million)
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water column—modify hurricane barrier ($2.5 million as cost match)
The TAC cautioned that these were preliminary estimates which could be revised
as more information became available from various sources. The TAC asked the
Council to consider issuing a contract to determine better and more complete
information on future restoration alternatives. The Council agreed with this
approach and a solicitation will be prepared.
· Trustee Council provides guidance on water quality related restoration
ideas.
In response to the first request for restoration ideas, several ideas related
to water quality and specifically sewer projects were submitted to the Trustee
Council. All were ultimately rejected. At the Trustee Council's November 1998
meeting, members of the public requested guidance on whether sewer projects
would even be considered by the Trustee Council. The Council requested its
legal counsel to discuss the issue and report back with guidance.
The Council's legal counsel met with the EPA, the Massachusetts Department of
Environmental Protection and the U.S. Department of Justice, and developed
overall guidance on the types of projects that would be eligible for
restoration funding and specific guidance on water quality projects.
The Council has determined that it will not fund a restoration project if there
is an independent, prior obligation to perform the project pursuant to statute,
regulation, ordinance, consent decree, judgement, court order, permit condition
or contract, or as otherwise required by federal, state or local law. With
regard to water quality related project ideas, in deciding whether a proposed
project is "otherwise required", the Council will consider: 1) the
legal requirements of the federal Clean Water Act and the analogous provisions
of Massachusetts law; 2) the legal requirements of Title 5, which consists of
the Massachusetts regulations governing on-site sewage treatment and disposal,
codified at 310 CMR 15.00; and 3) whether the project is otherwise required by
federal, state or local law, consent decree, judgement, court order, permit
condition or contract, or could be required by enforcement of such law, consent
decree, judgement, court order, permit condition or contract.
· Trustee Council releases up to $8.0 million in restoration funds for next round of restoration project ideas.
After considering the amount to be reserved ($7.0 million), the amount
currently available in the Court Registry Investment System ($23.5 million) and
the amount to still be disbursed for first round projects ($3.0 million), the
Council decided to allocate up to $8.0 million for the next round of
restoration projects. The Council also expressed the desire to hold an
additional round in one year for which approximately $5.0 million would be
available.
After discussion with the public in attendance, the Council decided to open up
the round for a period of 90 days (August 6) to allow applicant sufficient time
to prepare their project ideas. The Council will hold a meeting in early
September during which applicant will be allowed to make oral presentations.
After review, recommendations will be provided to the Council and preliminary
decisions will be made. A public comment period will follow during which a
public hearing will be held. At the conclusion of this process, the Council
will decide on which projects provide the greatest benefits to the injured
natural resources or the services they provided.
· Trustee Council receives presentation on the Draft New
Bedford/Fairhaven Harbor Master Plan
Matt Thomas, Associate City Solicitor, City of New Bedford, presented
a summary of the draft Harbor Master Plan. He explained the various
elements contained within the plan including the open space proposals
that may be appropriate for restoration funding. He urged the
Council and other groups to work closely together and coordinate
projects within the Designated Port Area.
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