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Mallows Bay-Potomac River National Marine Sanctuary

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Mallows Bay-Potomac River National Marine Sanctuary Mallows Bay – Potomac River National Marine Sanctuary Designation Final Environmental Impact Statement and Final Management Plan MAY 2019 | sanctuaries.noaa.gov/mallows-potomac/ National Oceanic and Atmospheric Administration (NOAA) U.S. Secretary of Commerce Wilbur Ross Assistant Secretary of Commerce for Oceans and Atmosphere and Deputy NOAA Administrator RDML Tim Gallaudet, Ph.D., USN Ret. Acting Assistant Administrator for Ocean Services and Coastal Zone Management, National Ocean Service Nicole R. LeBoeuf Director, Office of National Marine Sanctuaries John Armor Cover Photo: Mallows Bay in the Potomac River is home to an extraordinary collection of shipwrecks. Photo: Marine Robotics and Remote Sensing, Duke University. 1 Abstract In accordance with the National Environmental Policy Act (NEPA, 42 U.S.C. 4321 et seq.) and the National Marine Sanctuaries Act (NMSA, 16 U.S.C. 1434 et seq.), the National Oceanic and Atmospheric Administration (NOAA) Office of National Marine Sanctuaries (ONMS) prepared a Final Environmental Impact Statement (FEIS) that analyzes impacts and evaluates a reasonable range of alternatives associated with the proposed designation of Mallows Bay-Potomac River National Marine Sanctuary. The action addresses NOAA’s responsibilities under the NMSA to identify, designate, and protect areas of the marine and Great Lakes environment with special national significance due to their conservation, recreational, ecological, historical, scientific, cultural, archaeological, educational, or aesthetic qualities as national marine sanctuaries. ONMS developed four alternatives for the proposed designation and the FEIS evaluates the environmental consequences of each alternative under NEPA. The FEIS also serves as a resource assessment under the NMSA, documenting present and potential uses of the areas considered in the alternatives. NOAA’s preferred alternative (Alternative B) would designate an approximately 18 square mile bay area of waters and submerged lands of the tidal Potomac River for the protection of at- risk, nationally-significant shipwrecks and associated maritime cultural heritage resources. No significant adverse impacts to resources and the human environment are expected under any alternative. Long-term beneficial impacts are anticipated if the proposed designation is finalized. Lead Agency: National Oceanic and Atmospheric Administration Cooperating Agencies: U.S. Department of the Navy For Further Information Contact: Paul Orlando, Regional Coordinator, Eastern Region at (240) 460- 1978, [email protected] 2 3 About This Document This FEIS analyzes impacts and evaluates a reasonable range of alternatives (including a no action alternative) associated with the proposed designation of Mallows Bay-Potomac River National Marine Sanctuary (MPNMS). This FEIS is also a resource assessment document that details the present and future uses of the areas identified for designation. The National Oceanic and Atmospheric Administration (NOAA) prepared this FEIS in accordance with the National Environmental Policy Act of 1969 (NEPA; 42 USC 4321 et seq.) as implemented by the Council on Environmental Quality regulations (40 CFR Parts 1500-1508), and NOAA Administrative Order (NAO) 216-6A, which describes NOAA policies, requirements, and procedures for implementing NEPA. Through the designation of MPNMS, NOAA seeks to protect nationally-significant maritime cultural heritage resources located entirely within the waters and submerged lands of the state of Maryland. This is a small bay area of the tidal Potomac River, which is adjacent to the Nanjemoy Peninsula of Charles County, Maryland. The area’s maritime cultural heritage resources include the fragile, historic remains of more than 100 World War I-era (WWI) U.S. Emergency Fleet Corporation (USEFC) wooden steamships known as the “Ghost Fleet,” other non-USEFC vessels of historic significance, and other related maritime debris fields. The archaeological and cultural resources cover centuries of history dating back from the earliest American Indian presence in the region, approximately 12,000 years ago. The area also contains resources from the Revolutionary War, Civil War, and two World Wars, as well as generations of Potomac fishing industries. The significance of the area is recognized through its listing on the National Register of Historic Places (National Register Listing Number 15000173, April 24, 2015). On October 7, 2015, NOAA initiated the public scoping process with the publication of a Notice of Intent in the Federal Register (NOI; 80 FR 60634). The NOI also announced NOAA's intent to fulfill its responsibilities under the requirements of the National Historic Preservation Act (NHPA). The public scoping period commenced in October 2015 and ended on January 15, 2016, during which time NOAA held public meetings and received both written and oral comments on the concept of designating a sanctuary. NOAA received approximately 186 comments during that scoping period, strongly supportive of designating a sanctuary within the state of Maryland. These public scoping comments were used by NOAA in preparing the proposed rule and the draft environmental impact statement and draft management plan (DEIS/DMP) associated with the proposed designation. On January 9, 2017, NOAA published a notice in the Federal Register announcing a proposed rule to designate approximately 52 square miles of waters and submerged lands encompassing and surrounding the Mallows Bay area of the tidal Potomac River as a national marine sanctuary (82 FR 2254). NOAA also provided public notice of the availability of the related DEIS/DMP (82 FR 2254; 82 FR 1733). All three documents (proposed rule, DEIS, and DMP) were prepared in close consultation with the state of Maryland and Charles County, Maryland. NOAA opened an 81-day public comment period for the three draft documents. NOAA received 1,120 written comments on the sanctuary proposal. During the public comment period, NOAA also held two separate public meetings in La Plata and Arnold, Maryland. Approximately 170 people attended the meetings, with 73 people providing verbal comments. Based on the public input, internal deliberations, 4 interagency consultations, and discussions with the state of Maryland and Charles County, NOAA made changes from the DEIS to the FEIS. In this FEIS, NOAA adopts Alternative B as the preferred alternative. The Alternative B boundary measures approximately 18 square miles. The Alternative B boundary begins at the mean high tide level on the Maryland side, extends across the Potomac River to the Virginia-Maryland state boundary line, and follows the boundary of the Mallows Bay-Widewater Historical and Archeological National Register District. The Alternative B boundary also closely matches the boundary submitted to NOAA by the governor of Maryland in the sanctuary nomination package. This smaller footprint contains a concentration of 142 historic shipwrecks, including USEFC vessels, vessels related to historic ship-breaking activities, other non-USEFC vessels of historic significance, and other related maritime debris fields. The area also includes nationally-significant Maryland state- recognized Indian Tribes heritage sites, remains of historic fisheries operations such as sturgeon and caviar industries, and Revolutionary War and Civil War battlescapes. NOAA is the lead agency for this action. NOAA’s Office of National Marine Sanctuaries (ONMS) is the implementing office for this action. The cooperating agency for the development of this FEIS is the U.S. Department of the Navy (DoN). Recommended Citation Office of National Marine Sanctuaries. 2019. Mallows Bay-Potomac River National Marine Sanctuary Designation Final Environmental Impact Statement and Final Management Plan. U.S. Department of Commerce, National Oceanic and Atmospheric Administration, Office of National Marine Sanctuaries, Silver Spring, MD. 5 Table of Contents Abstract 2 About This Document 4 Recommended Citation 5 Table of Contents 6 List of Figures 14 List of Tables 15 Acknowledgements 17 Acronyms 17 EXECUTIVE SUMMARY 19 NOAA’s original preferred alternative included in the 2017 DEIS and proposed rule 22 NOAA’s revised preferred alternative included in the FEIS and the final rule 23 How this document is organized 24 Revisions from the DEIS 24 Summary of impacts 25 Chapter 1 26 1.1 INTRODUCTION 26 1.1.1 The National Marine Sanctuaries Act 26 1.1.2 Office of National Marine Sanctuaries 26 1.1.3 Sanctuaries as marine protected areas 27 1.1.4 Comprehensive management of the National Marine Sanctuary System 28 1.1.5 Sanctuary nomination process 28 1.1.6 Sanctuary designation process 28 1.2 BACKGROUND 29 1.2.1 Community nomination for Mallows Bay-Potomac River 29 1.2.2 Public and agency involvement 31 Public scoping 31 Development of the proposed sanctuary regulations, draft management plan, and draft environmental impact statement 33 Public review of the proposed sanctuary regulations, draft management plan, and draft environmental impact statement 33 1.2.3 Revisions to the DEIS and preparation of the FEIS 35 6 1.2.4 Scope of FEIS 35 36 Chapter 2 36 2.1 PROPOSED ACTION 36 2.2 PURPOSE OF AND NEED FOR ACTION 36 2.2.1 Purpose of action 36 2.2.2 Need for action 37 2.3 THREATS TO TARGET RESOURCES 37 2.4 EXISTING LEGAL AUTHORITIES AND GAP ANALYSIS 39 2.4.1 State of Maryland laws directed to protect maritime cultural heritage assets 40 Maryland Submerged Archaeological Historic Property Act, Md. Code Ann., State Fin. & Proc. 5A‐333 et seq.
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