Record of Decision for the Boston Harbor Inner Harbor Maintenance Dredging Project, 45539-45541 [06-6792]

Download as PDF Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Notices Department of Commerce—National Marine Fisheries Service; U.S. Department of Homeland Security— Federal Emergency Management Agency; Mississippi Department of Marine Resources and Department of Environmental Quality, and Mississippi Department of Archives and History. Participation from other agencies, interest groups, and individual citizens is being encouraged and sought. 5. The first scoping meeting is expected to be held in mid-September in Biloxi, MS. 6. It is anticipated that the DEIS will be made available for public review in April 2007. Curtis M. Flakes, Chief, Planning and Environmental Division. [FR Doc. 06–6794 Filed 8–8–06; 8:45 am] BILLING CODE 3710–CR–M DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Intent To Prepare a Second Supplemental Environmental Impact Statement to the Final EIS on Herbert Hoover Dike Major Rehabilitation and Evaluation Report, Reaches 2 and 3, in Palm Beach and Glades Counties, FL Department of the Army, U.S. Army Corps of Engineers, DoD. ACTION: Notice of intent. a. The proposed action will be the selected plan described in the July 2005 SEIS with the additional action of extending construction along Reaches Two and Three of the levee. The proposed action will not affect the Regulation Schedule for Lake Okeechobee. It s expected that all construction will take place within the existing real estate footprint of the HHD. b. Alternatives to be considered separately for each reach include alternative structural modifications to the existing levee which are currently under development. c. A scoping letter will be used to invite comments on alternatives and issues from Federal, State, and local agencies, affected Indian tribes, and other interested private organizations and individuals. A scoping meeting is not anticipated. d. A public meeting will be held after release of the Draft SEIS; the exact location, date, and times will be announced in a public notice and local newspapers. e. DSEIS Preparation: The 2nd DSEIS is expected to be available for public review in the fourth quarter of CY 2006. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. 06–6793 Filed 8–8–06; 8:45 am] BILLING CODE 3710–AJ—M jlentini on PROD1PC65 with NOTICES AGENCY: SUMMARY: On July 8, 2005, the Jacksonville District, U.S. Army Corps of Engineers (Corps) issued a Final Supplemental Environmental Impact Statement (FSEIS) for the Major Rehabilitation actions proposed for Herbert Hoover Dike (HHD), Reach One. Herbert Hoover Dike is the levee that completely surrounds Lake Okeechobee. On September 23, 2005, a Record of Decision was signed adopting the preferred alternative as the Selected Plan for Reach One. At this time the Corps plans to extend rehabilitation along Reaches Two and Three of HHD. This stretch of HHD extends for approximately 27 miles between an area west of Belle Glade, Palm Beach County to east of Moore Haven, Glades County, FL. ADDRESSES: U.S. Army Corps of Engineers, Planning Division, Environmental Branch, P.O. Box 4970, Jacksonville, FL 32232–0019. FOR FURTHER INFORMATION CONTACT: Ms. Barbara Cintron at (904) 232–1692 or email at Barbara.b.cintron@usace.army.mil. SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 19:05 Aug 08, 2006 Jkt 208001 DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers Record of Decision for the Boston Harbor Inner Harbor Maintenance Dredging Project Department of the Army, U.S. Army Corps of Engineers, DOD. ACTION: Notice. AGENCY: SUMMARY: The U.S. Army Corps of Engineers, New England District announces its decision to maintenance dredge the following Federal navigation channels in Boston Harbor, Massachusetts: the Main Ship Channel upstream of Spectacle Island to the Inner Confluence, the upper Reserved Channel, the approach to the Navy Dry Dock, a portion of the Mystic River, and a portion of the Chelsea River (previously permitted). Maintenance dredging of the navigation channels landward of Spectacle Island is needed to remove shoals and restore the Federal navigation channels to their authorized depths. Dredged material suitable for unconfined open water disposal will be disposed at the Massachusetts Bay Disposal Site; material not suitable for PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 45539 unconfined open water disposal will be disposed in confined aquatic disposal (CAD) cell(s) located within the navigation channels. Major navigation channel improvements (deepening) were made in 1999 through 2001 in the Reserved Channel, the Mystic River, Inner Confluence, and the Chelsea River. A Final Environmental Impact Statement (EIS) prepared in June 1995 for this previous navigation improvement project (Boston Harbor Navigation Improvement Project— BHNIP) identified selected use of CAD cells in the Mystic River, Inner Confluence, and Chelsea River for disposal. A Supplemental Draft and Final EIS was prepared for this maintenance dredging project and built on the lessons learned from the previous improvement project. A new CAD cell for the proposed maintenance project will be constructed in the Mystic River (previously permitted) and in the Main Ship Channel just below the Inner Confluence. FOR FURTHER INFORMATION CONTACT: Mr. Michael Keegan, (978) 318–8087. SUPPLEMENTARY INFORMATION: The U.S. Army Corps of Engineers is authorized by the various River and Harbor Acts and Water Resources Development Acts to conduct maintenance dredging of the Federal navigation channels and anchorage areas in Boston Harbor. Alternatives Considered: The National Environmental Policy Act (NEPA) requires a discussion of alternatives to the project, including the No Action Alternative. Since a Supplemental EIS was prepared, the preferred alternative is evaluated in the context of the alternatives addressed in the EIS for the navigation improvement project, including alternatives to full maintenance dredging, dredging methods, and disposal options. Dredging—The Boston Harbor terminal operators, and shipping interests were contacted to identify the type and size of vessels currently using the navigation channels and if they were experiencing any delay or impacts associated with the navigation project. The results of the survey were used to determine if maintenance of all or just a portion of the currently authorized navigation channels in the proposed project is required. Based on the results of the survey, it was determined that shoaling in the Charles River channel does not affect any of the current operations in that channel and will not be dredged. Dredging Methods—Various types of dredging methods were considered for this project including a hydraulic dredge, a hopper dredge, and a E:\FR\FM\09AUN1.SGM 09AUN1 jlentini on PROD1PC65 with NOTICES 45540 Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Notices mechanical dredge. The type of dredge proposed for a project is dependent upon the type of material to be dredged and the disposal site selected. Due to the fine nature of the materials to be dredged from Boston Harbor, and the aquatic sites selected for disposal, it was determined that a mechanical dredge would best suit the needs of the project. To minimize turbidity impacts from dredging, an enclosed ‘‘environmental’’ bucket will be used during silt dredging. In addition, no overflow from the scows will be allowed to further reduce the effects of turbidity on water quality. Disposal Alternatives—Over 370 disposal sites were identified and evaluated during preparation of the EIS for the previous navigation improvement project (BHNIP). The screening process selected in-channel CAD cells for disposal of the material unsuitable for unconfined open water disposal and the Massachusetts Bay Disposal Site (MBDS) for disposal of the suitable material. In addition, seven sites were identified in the BHNIP Final EIS as potential disposal sites for future maintenance dredged material. The sites included the MBDS, Subaqueous B and E, Meisburger 2 and 7, Boston Lightship, and Spectacle Island CAD. The Subaqueous B and E sites, the Meisburger sites and the Spectacle Island CAD are all located in previously undisturbed areas. The Boston Lightship is a historic disposal site and would need to go through a lengthy site selection process before disposal could be considered. This site also recovering from previous disposal events. The MBDS is an EPA-designated ocean disposal site that is currently in use. Sites that have not been previously disturbed are not as desirable for disposal of dredged material. Therefore, the MBDS was selected as the preferred site for the suitable material and the inchannel CAD cells selected for material unsuitable for unconfined open water disposal. No Action Alternative—Under a No Action Alternative, the Federal navigation channels in Boston Harbor would not be dredged. Failure to dredge Boston Harbor will further restrict and delay commercial deep draft vessels. Shoaling has reduced depths in the channel as much as five feet in some sections of the project area. Without maintenance dredging to restore authorized depths in the inner portion of the Main Ship Channel, shippers will experience even longer tidal delays and be restricted to operating within narrower time periods of higher tidal stages. This results in a significant and negative impact to the region, and raises significant operational, safety, VerDate Aug<31>2005 19:05 Aug 08, 2006 Jkt 208001 economic, and environmental concerns. With the increase in costs and reduction in vessel movement opportunities, it is likely that shippers will by-pass the port and will unload their products at other ports and ship the products back to the region via trucks. This could impact limited roadway capacity, resulting in increased air emissions, traffic, and deterioration of highways and bridges. Although the No Action Alternative is the environmentally preferred alternative, it does not meet the project objectives, and is not considered a viable alternative. Therefore the preferred alternative is dredging the above described navigation channels to their authorized depth using a mechanical dredge with disposal at the MBDS and in-channel CAD cells. Environmental Impacts: Potential environmental impacts associated with dredging and disposal includes water quality impacts from turbidity plumes, potential release contaminants during dredging and disposal activities, and impacts to biological resources. In particular, concerns about biological resources centered on potential blockage of anadromous fish transiting to spawning grounds, sediment deposition from suspended solids on winter flounder eggs, and direct impacts to lobsters. Extensive environmental monitoring was conducted during construction of the BHNIP as a requirement of the Water Quality Certification (WQC). Environmental monitoring required as part of the WQC included: (1) Silt plume tracking during dredging of and after disposal into CAD cells, (2) water quality testing after disposal into the CAD cells, (3) biological testing, (4) dissolved oxygen (DO) testing within and outside the CAD cells, and (5) fisheries monitoring. The results of the monitoring showed no water quality violations or significant impacts to biological resources. Additional investigations (i.e., outside the scope of the WQC) were performed during construction to address concerns raised by the Technical Advisory Committee (TAC) to address potential impacts from changes in operations suggested by the dredging contractor. The TAC met periodically to review monitoring results and discuss recommended amendments to the WQC. These additional investigations included water quality monitoring of disposal at low tide, plume monitoring of the contractor’s enclosed bucket, monitoring turbidity caused by vessel passage over an uncapped and capped CAD cell, bathymetric measurements, and lobster monitoring. Monitoring results showed no water quality PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 violations or significant environmental impacts from construction of the project. One-year surveys and five-year surveys of the CAD cells constructed in the Inner Confluence, Mystic River, and Chelsea River for the BHNIP have also been completed, as required by the BHNIP WQC. The results of the monitoring show that the CAD cells are performing as expected. Experience gained from placing a sand cap on the CAD cells will be incorporated into this project. Mitigation: As a result of the extensive monitoring conducted for the BHNIP, and the lack of any water quality violations or significant impacts, only confirmatory water quality monitoring during initial disposal operations is recommended for this project. It is recommended that total suspended solids and turbidity monitoring be performed during the initial disposal events at both the Mystic River CAD cell and at the Main Ship Channel CAD cell. To reduce potential impacts to resources in the project area, based on lessons learned, the following mitigation measures will be implemented: • An enclosed ‘‘environmental’’ bucket will be used for silt dredging. To reduce the effects of turbidity on water quality, no overflow from the scows will be allowed. • Disposal into the CAD cells will occur only around periods of slack tide: three hours at low tide and high tide (one hour before and two hours after slack tide). • A three-foot sand cap will be placed in the CAD cells when the silt has consolidated enough to support a cap. The cap material will be released from a moving as opposed to a stationary platform. No spudding over the cap or mechanical disturbance of the cap will be allowed. • To reduce the impact to biological resources from blasting, all blasting will be conducted using inserted delays of a fraction of a second per hole. Rock or similar material will be placed into the top of the borehold to deaden the shock wave reaching the water column. A fisheries and mammal observer, and fish detecting sonar system, will be used to avoid blasting when mammals are present in the area or when significant schools of fish are observed. • A fisheries observer, sonar detection, and use of a fish startle system from February 15 to June 15 will be required for the Mystic River and Main Ship Channel CAD disposal activities to avoid disposal during the time of anadromous fish migration. • To reduce potential impacts to eggbearing lobsters that are less mobile in E:\FR\FM\09AUN1.SGM 09AUN1 Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Notices the colder months, no dredging or blasting will occur seaward of the Third Harbor Tunnel between December 1 and March 31. • A marine mammal observer will be on board the scows transiting to the MBDS from February 1 to May 31 to avoid potential ship strikes with marine mammals, and in particular the North Atlantic Right Whale. • Rock removed from the Presidents Road Anchorage area will be placed within a new area of the MBDS to increase habitat diversity. • The dredge contractor will provide advance notice to the lobstermen on anticipated significant dredge movements. • The dredge contractor will maintain a short tow while inside Boston Harbor to minimize disruption of lobster pots. Based on incorporation of the above mitigation measures, the experience gained during construction of the BHNIP, and lack of any water quality violations or other significant effects from the BHNIP, no significant impacts to the environment are expected from the Boston Harbor Inner Harbor Maintenance Dredging Project. All practicable means to avoid or minimize adverse environmental effects have been incorporated into the recommended plan. The public interest will best be served by implementing maintenance dredging as identified and described in the Supplemental Environmental Impact Report. Dated: August 1, 2006. Curtis L. Thalken, Colonel, Corps of Engineers, New England District. [FR Doc. 06–6792 Filed 8–8–06; 8:45 am] opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency’s ability to perform its statutory obligations. The Leader, Information Policy and Standards Team, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following: (1) Type of review requested, e.g. new, revision, extension, existing or reinstatement; (2) Title; (3) Summary of the collection; (4) Description of the need for, and proposed use of, the information; (5) Respondents and frequency of collection; and (6) Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: August 3, 2006. Leo J. Eiden, Leader, Information Policy and Standards Team, Regulatory Information Management Services, Office of Management. BILLING CODE 3710–24–M DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests Type of Review: New. Title: Priority Needs for Educational Research Needs of the Southwest and Establishing a Baseline for SWREL Performance. Frequency: Annually. Affected Public: State, Local, or Tribal Gov’t, SEAs or LEAs; Individuals or household; Businesses or other forprofit. Reporting and Recordkeeping Hour Burden: Responses: 8,052. Burden Hours: 4,030. Abstract: The Southwestern Regional Educational Laboratory (SWREL) has been tasked with establishing a baseline for SWREL performance and identifying AGENCY: jlentini on PROD1PC65 with NOTICES the educational needs (Pre-K through Higher Education) of constituents within its five state region. The respondents will consist of parents, business leaders, and educators (e.g., teachers, principals, testing directors, etc.) from Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. The information obtained in this project will provide a landscape of the region. It will also identify the educational research needs of SWREL constituents and create insights needed to most efficiently serve those constituents. In addition, it will identify satisfaction levels with current research available, identify educational issues facing SWREL constituents, and identify unique areas of technical assistance most needed. Requests for copies of the proposed information collection request may be accessed from http://edicsweb.ed.gov, by selecting the ‘‘Browse Pending Collections’’ link and by clicking on link number 3165. When you access the information collection, click on ‘‘Download Attachments’’ to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202–4700. Requests may also be electronically mailed to ICDocketMgr@ed.gov or faxed to 202– 245–6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to ICDocketMgr@ed.gov. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1– 800–877–8339. [FR Doc. E6–12986 Filed 8–8–06; 8:45 am] BILLING CODE 4000–01–P Institute of Education Sciences Department of Education. SUMMARY: The Leader, Information Policy and Standards Team, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before October 10, 2006. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget (OMB) provide interested Federal agencies and the public an early 45541 VerDate Aug<31>2005 19:05 Aug 08, 2006 Jkt 208001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 DEPARTMENT OF ENERGY Office of Science; High Energy Physics Advisory Panel Department of Energy. Notice of open meeting. AGENCY: ACTION: SUMMARY: This notice announces a meeting of the High Energy Physics Advisory Panel (HEPAP). Federal Advisory Committee Act (Pub. L. 92– 463, 86 Stat. 770) requires that public notice of these meetings be announced in the Federal Register. DATES: Thursday, October 12, 2006, 8:30 a.m. to 6 p.m.; Friday, October 13, 2006, 8:30 a.m. to 4 p.m. E:\FR\FM\09AUN1.SGM 09AUN1

Agencies

[Federal Register Volume 71, Number 153 (Wednesday, August 9, 2006)]
[Notices]
[Pages 45539-45541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Record of Decision for the Boston Harbor Inner Harbor Maintenance 
Dredging Project

AGENCY: Department of the Army, U.S. Army Corps of Engineers, DOD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The U.S. Army Corps of Engineers, New England District 
announces its decision to maintenance dredge the following Federal 
navigation channels in Boston Harbor, Massachusetts: the Main Ship 
Channel upstream of Spectacle Island to the Inner Confluence, the upper 
Reserved Channel, the approach to the Navy Dry Dock, a portion of the 
Mystic River, and a portion of the Chelsea River (previously 
permitted). Maintenance dredging of the navigation channels landward of 
Spectacle Island is needed to remove shoals and restore the Federal 
navigation channels to their authorized depths. Dredged material 
suitable for unconfined open water disposal will be disposed at the 
Massachusetts Bay Disposal Site; material not suitable for unconfined 
open water disposal will be disposed in confined aquatic disposal (CAD) 
cell(s) located within the navigation channels. Major navigation 
channel improvements (deepening) were made in 1999 through 2001 in the 
Reserved Channel, the Mystic River, Inner Confluence, and the Chelsea 
River. A Final Environmental Impact Statement (EIS) prepared in June 
1995 for this previous navigation improvement project (Boston Harbor 
Navigation Improvement Project--BHNIP) identified selected use of CAD 
cells in the Mystic River, Inner Confluence, and Chelsea River for 
disposal. A Supplemental Draft and Final EIS was prepared for this 
maintenance dredging project and built on the lessons learned from the 
previous improvement project. A new CAD cell for the proposed 
maintenance project will be constructed in the Mystic River (previously 
permitted) and in the Main Ship Channel just below the Inner 
Confluence.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Keegan, (978) 318-8087.

SUPPLEMENTARY INFORMATION: The U.S. Army Corps of Engineers is 
authorized by the various River and Harbor Acts and Water Resources 
Development Acts to conduct maintenance dredging of the Federal 
navigation channels and anchorage areas in Boston Harbor.
    Alternatives Considered: The National Environmental Policy Act 
(NEPA) requires a discussion of alternatives to the project, including 
the No Action Alternative. Since a Supplemental EIS was prepared, the 
preferred alternative is evaluated in the context of the alternatives 
addressed in the EIS for the navigation improvement project, including 
alternatives to full maintenance dredging, dredging methods, and 
disposal options.
    Dredging--The Boston Harbor terminal operators, and shipping 
interests were contacted to identify the type and size of vessels 
currently using the navigation channels and if they were experiencing 
any delay or impacts associated with the navigation project. The 
results of the survey were used to determine if maintenance of all or 
just a portion of the currently authorized navigation channels in the 
proposed project is required. Based on the results of the survey, it 
was determined that shoaling in the Charles River channel does not 
affect any of the current operations in that channel and will not be 
dredged.
    Dredging Methods--Various types of dredging methods were considered 
for this project including a hydraulic dredge, a hopper dredge, and a

[[Page 45540]]

mechanical dredge. The type of dredge proposed for a project is 
dependent upon the type of material to be dredged and the disposal site 
selected. Due to the fine nature of the materials to be dredged from 
Boston Harbor, and the aquatic sites selected for disposal, it was 
determined that a mechanical dredge would best suit the needs of the 
project. To minimize turbidity impacts from dredging, an enclosed 
``environmental'' bucket will be used during silt dredging. In 
addition, no overflow from the scows will be allowed to further reduce 
the effects of turbidity on water quality.
    Disposal Alternatives--Over 370 disposal sites were identified and 
evaluated during preparation of the EIS for the previous navigation 
improvement project (BHNIP). The screening process selected in-channel 
CAD cells for disposal of the material unsuitable for unconfined open 
water disposal and the Massachusetts Bay Disposal Site (MBDS) for 
disposal of the suitable material. In addition, seven sites were 
identified in the BHNIP Final EIS as potential disposal sites for 
future maintenance dredged material. The sites included the MBDS, 
Subaqueous B and E, Meisburger 2 and 7, Boston Lightship, and Spectacle 
Island CAD.
    The Subaqueous B and E sites, the Meisburger sites and the 
Spectacle Island CAD are all located in previously undisturbed areas. 
The Boston Lightship is a historic disposal site and would need to go 
through a lengthy site selection process before disposal could be 
considered. This site also recovering from previous disposal events. 
The MBDS is an EPA-designated ocean disposal site that is currently in 
use. Sites that have not been previously disturbed are not as desirable 
for disposal of dredged material. Therefore, the MBDS was selected as 
the preferred site for the suitable material and the in-channel CAD 
cells selected for material unsuitable for unconfined open water 
disposal.
    No Action Alternative--Under a No Action Alternative, the Federal 
navigation channels in Boston Harbor would not be dredged. Failure to 
dredge Boston Harbor will further restrict and delay commercial deep 
draft vessels. Shoaling has reduced depths in the channel as much as 
five feet in some sections of the project area. Without maintenance 
dredging to restore authorized depths in the inner portion of the Main 
Ship Channel, shippers will experience even longer tidal delays and be 
restricted to operating within narrower time periods of higher tidal 
stages. This results in a significant and negative impact to the 
region, and raises significant operational, safety, economic, and 
environmental concerns. With the increase in costs and reduction in 
vessel movement opportunities, it is likely that shippers will by-pass 
the port and will unload their products at other ports and ship the 
products back to the region via trucks. This could impact limited 
roadway capacity, resulting in increased air emissions, traffic, and 
deterioration of highways and bridges. Although the No Action 
Alternative is the environmentally preferred alternative, it does not 
meet the project objectives, and is not considered a viable 
alternative. Therefore the preferred alternative is dredging the above 
described navigation channels to their authorized depth using a 
mechanical dredge with disposal at the MBDS and in-channel CAD cells.
    Environmental Impacts: Potential environmental impacts associated 
with dredging and disposal includes water quality impacts from 
turbidity plumes, potential release contaminants during dredging and 
disposal activities, and impacts to biological resources. In 
particular, concerns about biological resources centered on potential 
blockage of anadromous fish transiting to spawning grounds, sediment 
deposition from suspended solids on winter flounder eggs, and direct 
impacts to lobsters.
    Extensive environmental monitoring was conducted during 
construction of the BHNIP as a requirement of the Water Quality 
Certification (WQC). Environmental monitoring required as part of the 
WQC included: (1) Silt plume tracking during dredging of and after 
disposal into CAD cells, (2) water quality testing after disposal into 
the CAD cells, (3) biological testing, (4) dissolved oxygen (DO) 
testing within and outside the CAD cells, and (5) fisheries monitoring. 
The results of the monitoring showed no water quality violations or 
significant impacts to biological resources.
    Additional investigations (i.e., outside the scope of the WQC) were 
performed during construction to address concerns raised by the 
Technical Advisory Committee (TAC) to address potential impacts from 
changes in operations suggested by the dredging contractor. The TAC met 
periodically to review monitoring results and discuss recommended 
amendments to the WQC. These additional investigations included water 
quality monitoring of disposal at low tide, plume monitoring of the 
contractor's enclosed bucket, monitoring turbidity caused by vessel 
passage over an uncapped and capped CAD cell, bathymetric measurements, 
and lobster monitoring. Monitoring results showed no water quality 
violations or significant environmental impacts from construction of 
the project. One-year surveys and five-year surveys of the CAD cells 
constructed in the Inner Confluence, Mystic River, and Chelsea River 
for the BHNIP have also been completed, as required by the BHNIP WQC. 
The results of the monitoring show that the CAD cells are performing as 
expected. Experience gained from placing a sand cap on the CAD cells 
will be incorporated into this project.
    Mitigation: As a result of the extensive monitoring conducted for 
the BHNIP, and the lack of any water quality violations or significant 
impacts, only confirmatory water quality monitoring during initial 
disposal operations is recommended for this project. It is recommended 
that total suspended solids and turbidity monitoring be performed 
during the initial disposal events at both the Mystic River CAD cell 
and at the Main Ship Channel CAD cell.
    To reduce potential impacts to resources in the project area, based 
on lessons learned, the following mitigation measures will be 
implemented:
     An enclosed ``environmental'' bucket will be used for silt 
dredging. To reduce the effects of turbidity on water quality, no 
overflow from the scows will be allowed.
     Disposal into the CAD cells will occur only around periods 
of slack tide: three hours at low tide and high tide (one hour before 
and two hours after slack tide).
     A three-foot sand cap will be placed in the CAD cells when 
the silt has consolidated enough to support a cap. The cap material 
will be released from a moving as opposed to a stationary platform. No 
spudding over the cap or mechanical disturbance of the cap will be 
allowed.
     To reduce the impact to biological resources from 
blasting, all blasting will be conducted using inserted delays of a 
fraction of a second per hole. Rock or similar material will be placed 
into the top of the borehold to deaden the shock wave reaching the 
water column. A fisheries and mammal observer, and fish detecting sonar 
system, will be used to avoid blasting when mammals are present in the 
area or when significant schools of fish are observed.
     A fisheries observer, sonar detection, and use of a fish 
startle system from February 15 to June 15 will be required for the 
Mystic River and Main Ship Channel CAD disposal activities to avoid 
disposal during the time of anadromous fish migration.
     To reduce potential impacts to egg-bearing lobsters that 
are less mobile in

[[Page 45541]]

the colder months, no dredging or blasting will occur seaward of the 
Third Harbor Tunnel between December 1 and March 31.
     A marine mammal observer will be on board the scows 
transiting to the MBDS from February 1 to May 31 to avoid potential 
ship strikes with marine mammals, and in particular the North Atlantic 
Right Whale.
     Rock removed from the Presidents Road Anchorage area will 
be placed within a new area of the MBDS to increase habitat diversity.
     The dredge contractor will provide advance notice to the 
lobstermen on anticipated significant dredge movements.
     The dredge contractor will maintain a short tow while 
inside Boston Harbor to minimize disruption of lobster pots.
    Based on incorporation of the above mitigation measures, the 
experience gained during construction of the BHNIP, and lack of any 
water quality violations or other significant effects from the BHNIP, 
no significant impacts to the environment are expected from the Boston 
Harbor Inner Harbor Maintenance Dredging Project. All practicable means 
to avoid or minimize adverse environmental effects have been 
incorporated into the recommended plan. The public interest will best 
be served by implementing maintenance dredging as identified and 
described in the Supplemental Environmental Impact Report.

    Dated: August 1, 2006.
Curtis L. Thalken,
Colonel, Corps of Engineers, New England District.
[FR Doc. 06-6792 Filed 8-8-06; 8:45 am]
BILLING CODE 3710-24-M