Mar 16, 2023
The following was formally submitted 3/16/2023 as apart of the public record.
On behalf of the The Port Bay Improvement Association I offer the following comments as part of the public comment period for the proposed rule to establish a National Marine Sanctuary on Lake Ontario.
As an introduction, The Port Bay Improvement Association (PBIA) represents shoreline property owners that surrounds the bay. The PBIA’s primary purpose is to:
1) maintain seasonal access to, and egress from, Lake Ontario by dredging the
channel between the two bodies of water and providing navigation lights/buoys for the channel;
2) To protect the barrier bar separating Port Bay from Lake Ontario.
The annual dredging effort begins in April each year to remove material that gets washed into the channel during the winter months. The effort continues through the summer into October to periodically remove material that is deposited in and across the canal entrance. This work is performed in accordance with state and federal permits. Maintaining the channel for safe navigation between the bay and Lake Ontario remains a high priority for the PBIA and its membership.
The Barrier Bar is a crucial land mass that separates the bay from Lake Ontario. Maintaining the integrity of the barrier bar is necessary to protect the bay properties from the erosive effects of direct exposure to Lake Ontario. Currently the New York State Department of Environmental Conservation is in the design stage for accomplishing repairs to the pier along the west side of the channel, improving the access road on the west barrier bar, and reinforcing the east barrier bar that partially failed a few years ago during high water events.
The PBIA understands that NOAA proposes to designate a portion of eastern Lake Ontario as a National Marine Sanctuary to recognize the national significance of the area's historical, archaeological, and cultural resources and to manage this special place as part of the National Marine Sanctuary System.
Over the past few months NOAA has held a series of public meetings at municipalities along the south and east shore of Lake Ontario, which included the Town of Wolcott, to describe the proposed rule making and accept public comments. A virtual webinar was also held by NOAA on March 8th which was attended by Lori Furguson and Jeff Auser. NOAA representatives communicated that Oswego, Sodus, and Fair Haven will be granted “exemptions” from the proposed rules that will allow them to continue their channel dredging. Given that Port Bay was not specifically listed as an exempted site, this has created significant concern and uncertainty regarding our ability to continue our seasonal channel dredging activities and ongoing efforts to maintain the integrity of the barrier bars.
The PBIA understands there have been informal communications that indicate the proposed rule making will have no impact on our ability to continue the activities referenced above. The PBIA requests the proposed rule making include language that specifically states that there will be no impact to our ability to continue our permitted dredging activities. Language is also requested to include that there will be no impacts to activities necessary to maintain the integrity of the barrier bars.
Thank you for this opportunity to have our comments included as part of the public record.