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HomeMy WebLinkAbout01/09/2013 letter from Citizens Campaign for the Environment® 225A Main Street , Farmingdale, NY 11735 516-390-7150 OMENS �� �� .� ® 188 East Post Road, Suite #404 - White Plains, NY 10601 914358-9840 13 744 Broadway .- Albany, NY 12207 CA� �i ® ,j,] P G(I �I (I 518-772-1862 U ®733 Delaware Road, Box 140 a Buffalo, NY 14223 716-831-3206 FOR THE ENVIRONMENT 0 466 Westcott Street, 2nd Floor o Syracuse, NY 13210 315-472-1339 www.citizenscampaign.org ® 2404 Whitney Avenue, 2nd Floor o Hamden, CT 06518 203-821-7050 Scoping Comments on the Designation of an Ocean Dredged Material Disposal Site (ODMDS) in Eastern Long Island Sound; Connecticut, New York, and Rhode Island Comments Submitted by: Maureen Dolan Murphy, Executive Programs Manager January 9, 2013 Citizens Campaign for the Environment (CCE) is an 80,000 member, not-for-profit, non- partisan, advocacy organization working for the protection of public health and the natural environment. CCE has been working to protect water quality across NY & CT since its inception in 1985. We are an active member of the Long Island Sound Citizens Advisory Committee and participated in the Long Island Sound.Dredge Workgroup, set up by EPA and the Army Corp. In 2004 CCE opposed the Environmental Protection Agency's plan to designate 2 sites in the western portion of Long Island Sound as designated dump sites for 20 years. We were joined with thousands of residents and elected officials from every level of government in both NY & CT. It did not make logical sense that after millions of dollars spent on restoring the Sound we would designate it as a long-term dumping ground. Now, in 2013 -nine years later- the EPA is again looking to designate 2 areas in the Sound as a dumping ground for dredged material. What has changed? The answer --nothing. It was unacceptable in 2004 and it's still unacceptable in 2013. CCE agrees that dredging for the safety of navigation is a necessary activity; however, open water disposal of the dredge materials is not. In 2005, EPA, along with the Army Corp, NY, and CT agreed to phase-out open water dumping and move towards beneficial re -use of dredged material. As part of this landmark bi-state, multi -agency agreement, a Dredged Material Management Plan (DMMP) was to be developed. EPA's Final Notice states, "...(the) DMMP for Long Island Sound will include identification of alternatives to open -water disposal and the development of procedures and standards for the use of practicable alternatives to open water disposal, so as to reduce wherever practicable, the open water disposal of dredge material." To date, the DMMP has not been developed. CCE believes it is risky and ill-advised to proceed with a long-term designation of an open -water disposal site BEFORE the final development of a DMMP. Particularly since the goal and intent of the DMMP was to reduce open water disposal, not to re -locate open water disposal. The Final Notice continues to state, "The final rule contemplates that the USACE will develop through the DMMP process procedure and standards to reduce or eliminate disposal of dredged material in LIS to the greatest extent practicable." Reducing the disposal of open -water dumping should eliminate the need for designating long-term dumpsites. The ruling goes on to state that disposal of dredged material cannot occur at the western sites beginning 8 years after the ruling date (2005) unless a DMMP has been developed. Here we are 8 years later, with no DMMP. Instead we have a plan to open 2 eastern sites for dredge dumping. This was not the intent or the agreement of the settlement between NY/CT. It was also not the intent of the EPA ruling. Open water dumping. is not the solution for proper management of dredge materials. Eight years ago we called for and were promised a plan that evaluated beneficial reuse options for dredged materials. This plan put forth a goal of considering dredge materials to be a resource and not a waste product. Now, 8 years later, the only plan the EPA is putting forth is to dump more dredged materials into our Long Island Sound. New location, same story. CCE is gravely concerned that the EPA is moving forward with this process before they have fulfilled their obligation to complete a DMMP for LIS. We encourage the EPA to focus on the DMMP and to halt their efforts to designate a long-term dumpsite in the Sound. However, should EPA move forward in this process, CCE offers the following items that should be addressed in the SEIS. The Eastern Long Island Sound is the most biologically diverse portion of the Sound. EPA needs to conduct a thorough analysis of all the species located in these waters and assess how long-term dumping will effect species diversity. In the past years Dolphins have returned to Long Island Sound, a sign that the water quality is improving and there is an abundance of fish to feed on. The designation of long-term dump sites has the potential to reverse this positive trend. 2. An assessment of the highly diverse and interesting benthos and bottom topography (rills, rises, outcrops, benthic habitats, diverse sediment types, unique benthic vegetation and animals) need to undertaken. 3. The Eastern Long Island is also a busy zone for navigation, national security, waterborne commerce, and recreational boating. The EPA needs to assess how these activities might be harmed or hindered because a long-term dumpsite. 4. The Eastern LIS is also an important spot for commercial and recreational fishing. Impacts to the fishing community need to be accurately captured. EPA needs to fully document how long-term dumping will effect water quality in the LIS. 6. EPA needs to ensure that the guiding principles of the bi-state agreement between NY & CT -which seeks to reduce and eliminate open water dumping be captured in the SEIS. 2 7. EPA needs to identify disposal alternatives. The DEIS for the Western open water disposal sites was quick to rule our disposal alternatives as not being feasible. The DMMP was supposed to focus on alternatives. Yet, in the many meetings that CCE attended there was very little discussion on. alternatives. 8. The EPA needs.to evaluate the potential release of pathogens and toxic contaminates. 9. EPA should ensure public comments are welcomed. In conclusion, CCE is concerned with the process of designating an open water disposal site in the Eastern Long Island Sound, particularly when in 2005 EPA, ACE, NY, and CT all agreed that we should be phasing out open water disposal and working to find alternatives for dredged material. The goal is to stop looking at dredged material as a waste product and instead look at as resource. Open water disposal is a quick, seemingly cheap fix, which is negatively creating lasting and costly effects to our estuarine ecosystems. Let's get real about alternatives and stop the archaic dumping. Thank you for this opportunity to comment.