The loud pile-driving noise from rebuilding the Eastport breakwater was threatening to cripple the project, as the sound could disturb seals in the bay. After slowing work significantly during the past couple of weeks, the issue was resolved on July 22, when acoustic monitoring equipment determined the level of noise being generated underwater.
     The federal requirements had kept the contractor from driving new sheet piling for most of the day, since the noise levels could harass marine mammals. If a seal, porpoise or whale was spotted within an exclusion area, which extended 1,000 yards from the pier all the way to the Canadian border, work had to stop for 30 minutes after the animal was last seen in the zone.
     "One seal frolicking in the bay can shut down the entire operation," stated a clearly frustrated Chris Gardner, the port director, at the port authority's July 20 meeting. The requirement had meant that the sheet piling could be driven for only 15 or 20 minutes a day.
     Aurele Gorneau, project manager for the Maine Department of Transportation (MDOT), speaking before the issue was resolved, agreed that the requirement "would make it really difficult to complete the project."
     Because MDOT is managing the project, Gardner said he wanted the state agency to work with the National Oceanic and Atmospheric Administration (NOAA) on the issue. "I don't want to flip the apple cart," he said at the board meeting, but if the situation was not resolved quickly the cost overages on the project could become "astronomical." If it ended up that the port authority would be responsible for paying any cost overages, then the port authority would have to take up the issue with Maine's congressional delegation, Gardner said.
     Board member Dean Pike noted that the cost of the project is not the only consideration. The loss of use of the breakwater "is killing this city," he said. "It's killing every business in this city." Gardner added that, for the contractor, if a month of work was lost now it would have to be made up in the winter, during harsher conditions.
     Gorneau explains that MDOT had applied for a harassment permit from NOAA under the Marine Mammal Protection Act but did not receive it until the week of July 13. Based on other reports on sound levels, MDOT had previously proposed 30 meters as the distance for an exclusion zone where the marine mammals might be injured by the noise and the 30 to 1,000 meter distance as the harassment zone covered by the permit where the noise would bother but not injure them.
     Hydro-acoustic monitoring equipment from the University of New Hampshire was then brought to the site on July 22 to certify the sound level at varying distances from the breakwater. With the decibel levels determined, the distance that seals and other marine mammals have to be from the breakwater before work has to be stopped was changed back to the original 30 meters. Sound levels in the range of 120 decibels to 180 or 190 decibels will be allowed in the harassment zone, while levels higher than 180 or 190 determined the size of the exclusion zone. Gorneau says 120 decibels is about the level of background noise in a town.
     The contractor, CPM Constructors of Freeport, was required by NOAA to hire marine mammal observers to watch for any seals, porpoises or whales in the exclusion zone. If any are seen and the driving of sheet pilings has to stop, CPM is able to do other work that does not generate a certain level of noise in the ocean. However, Gardner points out that the sequence of work for the project cannot be altered so that the pilings could be driven at another time in the project.
     After the underwater sound levels were determined on July 22, Gardner commented, "We're back in the game."

Other business
     In other business at the July 20 meeting, Gardner told the board about his suggestions to help lower structural insurance costs on the port authority's three piers. Because proposed insurance premiums are more than the port authority can afford, Gardner is proposing structural insurance of $10 million to cover the Estes Head pier, fish pier and breakwater. As an alternative, he is looking at obtaining a rider on the $9 million coverage for the Estes Head pier to provide $1 million for fish pier coverage. He will bring any proposals from the insurance carrier to the board for final approval.
      The neighbors to the north of the new port authority office building, Ben and Hilary Georgia, have requested the transfer of a small slice of property from the port authority so that they can meet city setback requirements to build a garage on their property. The Georgias will pay for the legal work and will also pay for the cost of decorative shrubbery that will be on port authority property, between the parking lot and the Georgias' property. The board authorized Gardner to proceed with the property negotiations.
     The port authority has reached an agreement for the MDOT to pay $140,000 for 14,000 cubic yards of rock from the port authority for the new road that will lead to the Estes Head port terminal.
Al Day, general manager of Federal Marine Terminals (FMT), reported that the wood pulp market is looking better than last year. FMT is projecting that 300,000 metric tons will be shipped this year.
      The second quarter budget adjustment projects a net profit of $14,700 for the year, with $1,670,897 in expenses and $1,685,597 in income. The port authority will still be putting over $200,000 into capital reserve accounts.