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Draft Restoration Plan and Environmental DRAFT RESTORATION PLAN AND ENVIRONMENTAL ASSESSMENT FOR THE BUZZARDS BAY BOUCHARD BARGE‐120 (B‐120) OIL SPILL SHORELINE, AQUATIC AND NATURAL RESOURCE USE INJURIES MASSACHUSETTS AND RHODE ISLAND February 2014 Prepared by: National Oceanic and Atmospheric Administration United States Fish and Wildlife Service Massachusetts Executive Office of Energy and Environmental Affairs and Rhode Island Department of Environmental Management Executive Summary The National Oceanic and Atmospheric Administration (NOAA), U.S. Department of the Interior (DOI), acting through the U.S. Fish and Wildlife Service (USFWS), the Commonwealth of Massachusetts, acting through the Executive Office of Energy and Environmental Affairs (EEA), and the State of Rhode Island serve as the natural resource Trustees (“Bouchard B‐120 Trustees”) responsible for addressing the natural resource injuries that resulted from the April 2003 Bouchard Barge‐120 (B‐120) oil spill that affected more than 98 miles of Buzzards Bay and its shoreline and nearby coastal waters in both Massachusetts (MA) and Rhode Island (RI). The Bouchard B‐120 Trustees have prepared this Draft Restoration Plan and Environmental Assessment (Draft RP/EA) for public review and comment on proposed restoration alternatives addressing shoreline and aquatic resources and lost recreational uses. The lost recreational uses include general coastal access, recreational shellfishing, and recreational boating associated with the oil spill. A separate RP/EA was prepared and completed in 2012 by the Trustees, identifying and selecting restoration alternatives for piping plover injuries caused by the Bouchard B‐120 spill, to expedite and begin restoration implementation in early 2013. One additional RP/EA will be prepared to address restoration for other birds (5 bird groups other than piping plover) and shoreline injuries on Ram Island affected by the Bouchard B‐120 oil spill and subsequent clean‐up. Consistent with the Oil Pollution Act of 1990 (OPA) (33 U.S.C. section 2701, et seq.) and the National Environmental Policy Act (NEPA) (42 U.S.C. §§ 4321‐ 4347), the purpose of restoration planning is to identify and evaluate a reasonable set of resource and resource use‐specific restoration alternatives and to provide the public with an opportunity for review and comment on the proposed restoration alternatives. Restoration planning provides the link between resource injury and restoration. The purpose of restoration, as discussed in this Draft RP/EA, is to make the environment and the public “whole” for injuries resulting from the spill by implementing one or more restoration actions that aim to return injured natural resources and services to baseline conditions and compensate for interim losses. The Bouchard B‐120 Trustees are responsible for restoring natural resources and resource services injured by the spill and spill clean‐up, as authorized by the OPA. As a designated Trustee, each agency is authorized to act on behalf of the public under state1 and/or federal law to assess and recover natural resource damages, and to plan and implement actions to restore, rehabilitate, replace, or acquire the equivalent of the natural resources or services injured or lost as a result of an unpermitted discharge of oil. 1 MA General Law Chapter 21E, Section 5 and Chapter 21A, Section 2A, and RI General Law, Section 46‐ 12.5.1 i The Bouchard B‐120 Trustees and the Bouchard Transportation Company, Inc., the Responsible Party (RP) for this spill, reached agreement on the injury assessment and restoration for several of the injuries resulting from the spill. These include injuries to shoreline and aquatic resources, piping plover, and lost recreational uses. The specific terms of this agreement were memorialized in a publicly‐available consent decree executed on May 17, 2011 (Refer to: http://www.gc.noaa.gov/gc‐cd/051911‐cb‐ bouchard.pdf). The Bouchard B‐120 Trustees held two public meetings in September 2011 to introduce the restoration planning process, restoration project criteria, and solicit restoration alternative / project ideas from the public to help in addressing the Bouchard B‐120 oil spill and clean‐up injuries. Submittal of restoration ideas was extended to December 2011, after which time the Trustees compiled the information received from numerous submittals. In all, 63 submitted project ideas were considered by the Bouchard B‐120 Trustees for addressing the natural resource injuries to shoreline and aquatic resources and lost recreational uses including lost general coastal access and use, recreational shellfishing, and recreational boating. The Bouchard B‐120 Trustees applied eligibility and evaluation criteria, as detailed in this Draft RP/EA, to identify restoration project alternatives for potential funding. Of the 63 project ideas and more than 70 project sites submitted, the Bouchard B‐120 Trustees have identified a total of 29 restoration projects or project types as preferred project alternatives recommended for implementation. These 29 projects include two tiers or levels of preferred project categories recommended for funding. The Tier 1 preferred projects or project types (20) are those eligible projects that best met the evaluation criteria, and therefore, have been given the higher priority by the Trustees for funding using the settlement funds. Tier 2 preferred alternative projects (9) are those restoration activities that could be funded if Bouchard B‐120 settlement funds remain after the Tier 1 projects are completed, or should Tier 1 projects no longer need funds or require less funding than previously identified during the public solicitation process. The Tier 1 and Tier 2 preferred project alternatives for shoreline and aquatic restoration (labeled as “SA” projects), lost coastal access and use (labeled as “LU” projects), and lost recreational shellfishing and shellfish restoration (labeled as “SH” projects) are summarized in the following sections, followed by the proposed funding levels for the projects or project types. Shoreline and Aquatic Restoration Projects Tier 1 preferred projects include six aquatic and shoreline restoration projects; four in MA and two in RI. These projects include: tidal marsh restoration by fill excavation/ removal and invasive non‐native plant species control (two projects: SA‐4, SA‐11); dam removal for diadromous fish passage and other ecological services (SA‐2); conservation mooring installation for eel grass protection and restoration (one project, multiple ii Buzzards Bay sites: SA‐10); and shellfish population enhancement projects in RI (two projects: SA‐23, SA‐24) including transplants of quahogs in coastal pond spawner sanctuaries, and the enhancement of bottom habitat to provide recruitment of shellfish populations. If funds remain after the Tier 1 funding, the Trustees propose the funding of Tier 2 preferred aquatic and shoreline projects including a tidal marsh restoration in MA (SA‐1) using tidal hydrology restoration, two dam removal projects in MA (SA‐13, SA‐14), two stream and riparian habitat restoration projects in MA (SA‐16, SA‐21), and improvements to an existing structural fishway in RI (SA‐22). Coastal Access and Use Projects For lost general coastal access and use, the Bouchard B‐120 Trustees propose to fund ten Tier 1 preferred projects (eight projects in MA and two projects in RI) including: pedestrian walking trails and improvements (four projects: LU‐5, LU‐6, LU‐10 in MA and LU‐12 in RI), land acquisition for public access and use (one project: LU‐1 in MA), universal access to beach and shoreline for persons of all physical abilities (two projects: LU‐7 in MA and LU‐13 in RI), and a handicapped‐accessible fishing pier (one project: LU‐ 9 in MA). Improvements to two boat ramps are also proposed as Tier 1 preferred projects (LU‐3, LU‐15) to address the lost recreational boating impacts in Massachusetts. The Trustees propose the funding of Tier 2 preferred projects if settlement funds are available after the Tier 1 preferred funding; these projects include an urban riverwalk (LU‐11 in MA) and two property acquisitions (LU‐17 and LU‐18 in MA). One additional boat ramp improvement project in Massachusetts (LU‐8) is also proposed as a Tier 2 preferred alternative. Recreational Shellfishing and Shellfish Restoration Projects The Bouchard B‐120 Trustees propose the funding of four Tier 1 preferred project types to address lost recreational shellfishing and shellfish restoration in Massachusetts. These broadly‐defined shellfish restoration/shellfishing project types include projects in Massachusetts waters: quahog relays and transplants (SH‐4, SH‐5, SH‐8, SH‐10, SH‐12, SH‐14, and SH‐18), quahog seed releases (SH‐20), bay scallop restoration (SH‐11 and SH‐ 13), and oyster restoration (SH‐2, SH‐3, SH‐13 and SH‐15) that will be targeted for high priority sites throughout Buzzards Bay providing sustainability of the target shellfish species and populations. The Bouchard B‐120 Trustees propose to allocate settlement funds for each of these four shellfish restoration project types that could be used for projects in each of the Buzzards Bay municipalities, including projects other than the ones indicated above. The Trustees are not proposing any Tier 2 preferred alternatives for addressing lost recreational shellfishing and shellfish restoration. iii The public is invited to review and submit comments on the Draft RP/EA during a 45‐day period, through March 23, 2014. Comments on the Draft RP/EA should be submitted in writing to: NOAA Restoration
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