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Home My WebLink AboutBarnstable 10 Year Comp.Dredge NOI_reduced_Part-4―│―│ ―│―│ ―│ ―│ ―│―│ ―│―│ ―│ ―│ ―│―│―│―│―│ ―│ ―│―│―│―│―│ ―│―│ ―│ ―│ ―│―│ ―│―│ ―│ ―│ ―│―│ ―│―│ ―│ ―│ ―│―│ ―│―│ ―│ ―│ ―│ ―│―│ ―│―│ ―│―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│―│―│―│―│ ―│ ―│ ―│ ―│ ―│ ―│―│ ―│―│ ―│ ―│ ―│ ―│―│ ―│ ―│―│ ―│―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│―│ ―│―│ ―│ ―│ ―│―│ ―│―│ ―│ ―│ ―│―│ ―│―│ ―│ ―│ ―│―│ ―│―│ ―│ ―│ ―│―│ ―│―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│ ―│―│ ―│―│ ―│ ―│ ―│―│ ―│―│ ―│―│ ―│―│ ―│―│ ―│―│ ―│―│ ―│―│ ―│―│ ―│―│ ―│―│ ―│ ―│ ―│ ―│―│ ―│―│ ―│―│ ―│ ―│ ―│ ―│―│ ―│―│ ―│―│ ―│―│ ―│―│ ―│―│―│ ―│―│―│ ―│―│―│ ―│―│ ―│―│ ―│―│ ―│ ―│ ―│ ―│ ―│―│ ―│―│ ―│ ―│ ―│ ―│―│―│―│ ―│―│ ―│ ―│ ―│―│ ―│―│ ―│―│ ―│ ―│ ―│ ―│―│ ―│―│ ―│―│ ―│―│ ―│ ―│ ―│ 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DWATERWAYGREATNECK R D S CRYSTALLAK ERDOAKDALE PATH GLENNEAGLEDRS CUDDE R R DD R Y H OLLOW LNWADINGPLACERD E E L R I V E R R DPUTNAMAVE BLUE CASTLE D R T H E H A C KIN G CIRGREATPINESDR PINE RIDGE RD WIN T E R G R E E N R D PUNKHORN POINTRD D E G RASSRDS E A P U IT R IVERRDBREW S TERRD ¬«151 WEST STP AR KE RRDOCEAN VIEW AVEA L M A R DNGLENDRINDUSTRIAL DR GROVE STDANIELSISLANDRDR U S HY MARS HRDL E W I S P O N D RD VINEYARDR D MASHPEE NATIONAL WILDLIFE REFUGE MASHPEE NATIONALWILDLIFE REFUGE MASHPEE NATIONALWILDLIFE REFUGE SimonsNarrows Anns Cove Seapuit River GreatRiver Marshes VineyardSound Fullers Marsh PopponessetBay PopponessetCreek ShoestringBay West BayCotuit Bay Holly Marsh PinquicksetCove Flat PondMarshes TimsCove CotuitAnchorage EelRiver OckwayBay Witch Pond Rushy Marsh Pond DeanPond Flat Pond Lily Pond Parker Pond AbigailsBrook Jim Pond MashpeeR iver LewisPond Neck Pond ATLANTIC OCEAN Noisy Point MonomoscoyIsland Sampsons Island PocknettNeck Popponesset Beach Wreck Shoal Crocker Neck Little ThatchIsland EldridgeShoal Wianno Head Lone Rock Pine TreeCorner DanielsIsland RyefieldPoint Mashpee Neck MaushopVillage Little Island SucconnessetShoal SouthMashpee GooseberryIsland PopponessetIsland SucconnessetPoint Thatch Island Cotuit Rock Landing Dead Neck Great Neck Seabrook Wills Hill Tims PointOyster Harbors Bluff Point PunkhornPoint New Seabury OysterHarborsBeach OstervilleGrand Island Popponesset Wianno HandyPoint BARNSTABLE TOWN Popponesset Island Meadow Point PopponessetBeach Cotuit Highlands Mashpee Neck 97 98 99 00 01 02 03 04 05 06 07 08 96 4609 000mN 97 98 99 00 01 02 03 04 05 06 07 08 4596000mN 09 76 77 78 79 80 81 82 83 8475 385 000mE 77 78 79 80 81 82 83 84376000mE 85 CG CG CF CF 41.5000° 41.6250° -70.5000°-70.3750°41.6250° 41.5000°-70.3750°-70.5000°NSN.NGA REF NO.*7643016369508*U S G S X 2 4 K 7 4 8 5 37 6 4 3 0 1 6 3 6 9 5 0 8 MASSACHUSETTS 6 3 7 5 21 4 QUADRANGLE LOCATION COTUIT QUADRANGLEMASSACHUSETTS - BARNSTABLE COUNTY7.5-MINUTE SERIES U.S. DEPARTMENT OF THE INTERIOR U.S. GEOLOGICAL SURVEY × Ø GN MN 0°57´17 MILS 14°15´253 MILS UTM GRID AND 2023 MAGNETIC NORTHDECLINATION AT CENTER OF SHEET 4600CG CF Grid Zone Designation19T U.S. National Grid100,000 - m Square ID 1 Pocasset 2 Sandwich3 Hyannis4 Falmouth5 Hyannis OE S6 Edgartown7 Edgartown OE E ADJOINING QUADRANGLES Imagery.....................................................NAIP, August 2018 - August 2018Roads......................................... U.S. Census Bureau, 2018Names............................................................................GNIS, 1974 - 2023Hydrography...............................National Hydrography Dataset, 2005 - 2022Contours............................................National Elevation Dataset, 2019Boundaries..............Multiple sources; see metadata file 2020 - 2022 Wetlands.................FWS National Wetlands Inventory 2008 - 2011 North American Datum of 1983 (NAD83)World Geodetic System of 1984 (WGS84). Projection and1 000-meter grid:Universal Transverse Mercator, Zone 19T Produced by the United States Geological Survey This map is not a legal document. Boundaries may begeneralized for this map scale. Private lands within governmentreservations may not be shown. Obtain permission beforeentering private lands. This map was produced to conform with the National Geospatial Program US Topo Product Standard. CONTOUR INTERVAL 10 FEETNORTH AMERICAN VERTICAL DATUM OF 1988 SCALE 1:24 000 1000 500 0 METERS 1000 2000 21KILOMETERS00.51 1 0.5 0 MILES 1 1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 FEET COTUIT, MA 2023 Expressway Local Connector ROAD CLASSIFICATION Ramp 4WD Secondary Hwy Local Road Interstate Route State RouteUS RouteWX./ Foth Appendix B Project Narrative Foth • 4 1. General Overview The Town of Barnstable, MA (Town), acting through the Department of Public Works (DPW), is seeking to obtain all local, state and federal regulatory approvals required to perform dredging within a total of (19) existing navigation channels and basin areas under a town-wide 10-year Comprehensive Permit (CP). A total of (18) of the (19) waterways to be dredged, consist of areas that have been previously authorized/dredged by the Town and/or Commonwealth of MA. In 2022, the US Army Corps of Engineers (USACE), US Environmental Protection Agency (USEPA) and MA Department of Environmental Protection (MADEP) determined that sediments from the (19) dredge sites proposed to be authorized under the CP are suitable for beneficial reuse as nourishment along a total of (9) shoreline locations. Of the (9) proposed nourishment sites, a total of (5) consist of public and private beaches include areas that have been previously authorized to beneficially reuse sediments from the dredge sites included under the permit. Proposed dredging and nourishment sites are located within the following (4) Regions of Town: Barnstable Harbor/Sandy Neck, Centerville Harbor, Three Bays and Prince Cove. Activities authorized by the CP will allow for dredging within ±98 acres of established navigable waterways and beneficial reuse of dredge sediments to restore, preserve and enhance ±39 acres of eroded shoreline areas over a 10-year period throughout the Town of Barnstable. Dredging performed by hydraulic methods will be conducted by the Barnstable County Dredge (BCD) Program. Sites dredged using mechanial methods will be peformed by a private contractor as procured through a public bid solitication process. 1.1 Project Purpose & Need A total of (19) channels and basin areas are proposed to be dredged under the town-wide 10-year CP. Dredging is required to support and maintain safe navigational access to waterways throughout the Town of Barnstable. All dredge sites included in the 10-year CP will yield beach quality (sand) sediments that have been approved for nourishing eroded shoreline areas. With the exception of a section of the North Bay (Bay Street) Channel located north of the Bridge Street bridge in the Three Bays Region, all cha nnel/basin areas have been previously authorized/dredged and therefore are considered maintenance. The proposed nourishment sites to be included in the 10-year CP consist of a total of (9) shoreline areas comprised of (5) public and private shoreline locations that have previously utilized dredge sediments for nourishment and (4) new locations. The Barnstable County Dredge (BCD) Program will perform dredging and nourishment activities using hydraulic methods. Sites dredged using mechanial methods will be peformed by a private contractor as procured through a public bid solitication process. The proposed comprehensive approach authorized under the CP will greatly simplify and streamline the required permitting process for the Town as well as the overall management public dredging and associated annual budgeting needs. The CP will provide the Town with the flexibility necessary to support dredging and nourishment activities on a prioritized basis thus ensuring continuity in addressing town-wide needs, economy and best public value. The 10-year permit approach is being/has been successfully utilized by several municipalities located throughout Cape Cod and the Islands, including but not limited to, the Towns of Bourne, Chatham, Falmouth, Harwich, Mashpee, Truro, Yarmouth, Oak Bluffs and Edgartown. The proposed dredging and nourishment activities to be authorized under the 10-year CP are anticipated to achieve the following public, economic and environmental benefits/values: ▪ Navigational dredging is a matter of public safety/access and environmental protection and is also necessary in the prevention of vessel ground outs, spills and boating accidents; ▪ Navigational dredging will support emergency waterway response needs of the local Harbormaster and US Coast Guard; ▪ The navigable waterways dredged under the 10-year CP are utilized by recreational, commercial and transient vessels and include public and private marinas, boat yards, public boat ramps, Town moorings and slips which generate annual revenues to the Town. Mooring, slip and boat ramp use fees charged by the Town generate revenues that are essential in supporting future harbor Foth • 5 maintenance and development projects. In addition, local tax revenues are generated by the private marinas and boat yards that utilize public waterways for these businesses ; ▪ Beneficial reuse of dredge sediments for the purposes of nourishment along eroded shoreline areas will restore/enhance coastal resiliency throughout the Town; ▪ Nourishment activities will enhance recreational beach areas utilized by the local residents and the many tourists that visit the Town each season. Enhancement of beach areas is essential to the local economy; and ▪ Beneficial reuse of dredge sediments along shoreline areas will restore/enhance wildlife habitats including rare and endangered shorebirds. 1.2 Project Context 1.2.1 Development of Town-wide Comprehensive Dredge Program (CDP) In 2017, a Comprehensive Dredge Program (CDP) was developed to identify previously dredged and maintained public waterway areas throughout the Town of Barnstable in effort to establish a 10-year spending plan based upon prioritized needs relative to maintenance frequency and so that funding sources could be identified and appropriated on an annual basis. Based upon available record plans and permit documentation that were obtained for developing the CDP, a total of (31) dredge sites were identified as being essential to maintaining safe, public navigable access within the following waterways listed below and as shown in Figure 1: ▪ Barnstable Harbor ▪ Hyannis Harbor/Lewis Bay ▪ East Bay ▪ Centerville River ▪ Bumps River ▪ Cotuit Bay ▪ West Bay ▪ North Bay ▪ Seapuit River ▪ Prince Cove Available record information/permit documentation was also used to identify beach areas previously nourished through the reuse of sediments in close proximity to dredge sites. Record documents were obtained from the MA Department of Conservation and Recreation, Office of Waterways (MADCR), Barnstable Conservation Commission (BCC), MA Department of Environmental Protection Waterways Program (MADEP), U. S. Army Corps of Engineers (USACE) and Three Bays Preservation, Inc. (TBPI). Foth • 6 Figure 1: Navigable Waterways Maintained by the Town of Barnstable, MA. As part of the initial development of the CDP, dredge sites were separated into (5) Regions (A through E) based upon waterway location with sites further being grouped into one of three categories based upon the review of available historic information: CATEGORY 1 (“Beach Nourishment Sites”): The dredge sites included under this category consisted of those which have previously generated beach (sand) quality sediments suitable for the purpose of nourishing eroded shoreline areas. A total of (17) dredge sites were included in CATEGORY 1 and initially identified as being potential candidates for the Town’s 10-year CP. Concurrently, previously nourished shoreline areas as well as newly eroded areas that were located within approximately ±2 miles (e.g. maximum pumping distance of the BCD using a booster pump) from the dredge sites included in this category were identified as potential sediment receiving sites. CATEGORY 2 (“Stand-Alone Sites”): The dredge sites included under this category consisted of those which have previously generated fine-grained sediments not suitable for nourishment purposes. A total of (10) dredge sites were included in CATEGORY 2. Going forward, all of these sites will continue to be pursued as stand-alone projects by the Town since they will require site specific sediment testing programs to confirm the appropriate disposal option(s) on a project-by-project basis. Furthermore, sediment testing data is typically valid for three (3) years under current regulations that govern dredge sediment management and disposal. Accordingly, the current regulatory framework is not conducive to supporting a comprehensive permitting approach for dredging that requires sediment disposal options other than beneficial reuse for beach nourishment. Disposal methods for stand-alone projects may include, but are not limited to, unconfined offshore disposal at the Cape Cod Bay Disposal Site (CCBDS), upland disposal/reuse and/or daily cover/disposal at a regulated MA landfill facility. Stand-alone projects are also not anticipated to be suitable for dredging by the BCD; therefore, each project will need to be publicly bid and performed by a private contractor. Foth • 7 CATEGORY 3 (“To-Be-Determined (TBD) Sites”): The dredge sites included under this category consisted of those which sediment characteristics and /or associated disposal requirements could not be confirmed based upon review of available record/historical information. A total of (4) dredge sites were included in CATEGORY 3 and initially identified as being potential candidates for the Town’s 10-year CP. Table 1: Summary of Dredge Sites Identified in Town of Barnstable Comprehensive Dredge Program. BH-D1 Barnstable Inner Harbor Basin & Channel 15-20 BH-D2 Barnstable Harbor Blish Point Boat Ramp Channel 1-3 BH-D3 Barnstable Harbor Mid-Entrance Channel 3-5 BH-D4 Barnstable Harbor Outer Entrance Channel 3-5 HH-D1 Lewis Bay Rd. Boat Ramp 15-20 HH-D2 Bismore Park Pier Basin 10-20 HH-D3 Gateway Marina Basin 10-15 HH-D4 Gateway Marina Channel 15-20 EB-D1 East Bay Entrance Channel 8-10 EB-D2 East Bay Outer Embayment Channel 15-20 EB-D3 East Bay Inner Embayment Channel 10-15 CR-D1 Centerville River Channel-Lower Reach 15-20 CR-D2 Centerville River Channel-Upper Reach 15-20 CR-D2 Centerville River Channel-Upper Reach 15-20 CR-D3 Centerville River Spur Channel 15-20 BR-D1 Bumps River Channel 15-20 CB-D1 Cotuit Bay Entrance Channel 10-15 CB-D2 Cotuit Bay Embayment Channel (10')8-10 CB-D3 Cotuit Bay Embayment Channel (11')10-15 CB-D4 Cotuit Bay Embayment Channel (9')10-15 CB-D5 Cotuit Bay Embayment Channel (7')10-15 CB-D6 Cotuit Town Landing 15-20 WB-D1 West Bay Outer Entrance (8')10-15 WB-D2 West Bay Inner Entrance (11')10-15 WB-D3 West Bay Spur Channel (8')10-15 SR-D1 Seapuit River Channel (7')8-10 NB-D2 Bay St. Bridge Channel (8'); NEW south + MAINT north)>35 (north ch); TBD (south ch) CB-D7 Hoppers Landing & Roper Beach Basin & Channel >50 NB-D1 North Bay Channel (8')>45 PC-D1 Prince Cove Entrance Channel >50 PC-D2 Prince Cove Marina Basin & Channel >50 CATEGORY 1 - BEACH NOURISHMENT PROJECT CATEGORY 2 - STAND ALONE PROJECT CATEGORY 3 - TO BE DETERMINED (TBD) Est. Dredge Frequency/ Reoccurrence Interval (Yrs.)*Waterway Dredge ID Dredge Site LEGEND * Dredge frequency is estimated and based upon review of available record information. Region Barnstable Harbor Hyannis Harbor/ Lewis Bay Prince Cove Three Bays Centerville Harbor A B C D E Foth • 8 Following the identification of potential dredge sites likely to generate beach quality sediments for beneficial reuse as nourishment, shoreline areas were then identified as potential receiving sites as part of the CDP. Nourishment sites included both previously authorized/nourished public and private shoreline areas along with new sites identified by the Town. Dredging and nourishment activities to be authorized under the 10-year CP will primarily utilize hydraulic methods by the BCD Program. Accordingly, nourishment sites that are targeted to receive dredge sediments should be located within ±2 -miles of each other as this is the maximum distance that the BCD can pump sediments using their booster system. Table 2 presents a summary of the shoreline areas considered as potential receiving sites to be included as part of Town’s the 10-year CP with respect to Region/Waterway. Table 2: Summary of Initial Shoreline Areas Considered for Reuse of Dredge Sediments as Nourishment . Region Navigable Waterway Shoreline/Potential Nourishment Area A Barnstable Harbor Millway Beach/Blish Point – Previously Authorized/Nourished Sandy Neck Cottage Area – Previously Authorized/Nourished Sandy Neck Public Beach – Previously Authorized/Nourished plus extended (new) area B Hyannis Harbor/ Lewis Bay NONE - All dredge sites in Region B consist of Stand-Alone Projects C Centerville Harbor Long Beach - Previously Authorized/Nourished Craigville Beach - Previously Authorized/Nourished Covell’s Beach - New Site D Three Bays Dead Neck/Dead Neck Extension - Previously Authorized/Nourished plus extended (new) area Cross St. (Riley’s) Beach – New Site Ropes Beach - New Site E Prince Cove On January 19, 2019, the first of two pre-application meetings conducted for this project was held at the MADEP Southeast Regional Office (SERO) to present an overview of the Town’s CDP and discuss next steps for utilizing this document to advance the 10-year CP. The meeting was well attended with representatives from the Town of Barnstable, MADEP Wetlands and Waterways Programs, MA Office of Coastal Zone Management (MACZM), MA Natural Heritage & Endangered Species Program (MANHESP), MA Environmental Policy Act (MEPA) Office and the USACE. At the conclusion of this meeting, it was agreed upon by all of the agencies in attendance that the Town should proceed with sampling and analyses of sediments from the (21) dredge sites initially identified under Categories 1 and 3 to confirm suitability for beneficial reuse as nourishment prior to commencing the environmental regulatory review process required for local, state and federal authorizations to be issued for a 10-year CP. 1.2.2 Dredge Sediment Suitability for Beneficial Reuse as Shoreline Nourishment A formal sediment Sampling and Analysis Plan (SAP) inclusive of the (21) dredge sites initially identified in the Town’s CDP to be authorized as part of a 10-year CP was prepared and originally submitted to the USACE and MADEP for review on 03/27/2019 and then revised/updated on 11/15/2019 (see Exhibit G). The SAP request presented a summary of proposed dredging and nourishment sites for inclusion in the 10- year CP along with channel/nourishment limits and quantities, record plans/permit histories, bathymetric and topographic survey data, due diligence assessment of documented outfall discharges and spills and alternative analyses. All dredge sites and nourishment locations are shown on the plan sets included in the SAP request and summarized above in Tables 1 and 2. A final approved SAP was issued by the USACE on 04/08/2020. Foth • 9 Sediment sampling and analyses were performed in two phases. Phase 1 initially evaluated dredge and beach sediment samples for grain size distribution only. Upon review of the grain size data, the USACE and MADEP issued a supplemental SAP for Phase 2 evaluations which consisted of additional core sampling and performing grain size and bulk chemical analyses in accordance with the USEPA Regional Implementation Manual for the Evaluation of Dredge Material Proposed for Disposal in New England Waters (RIM) and MADEP regulations (314 CMR 9.00) to further assess dredge sediment suitability for beneficial reuse as nourishment. A Phase 1 Suitability Determination (SD) was issued by the USACE under NAE -2015- 01632 on 09/14/2020 which was then subsequently amended on 08/01/2022 based upon Phase 2 evaluations (see Exhibit G). The SD confirms the suitability of sediments dredged from the (21) proposed channel/basin areas evaluated as follows: 1.) suitable for unlimited reuse/placement over a 10-year period; 2.) suitable for a one-time reuse/placement activity; and 3.) not suitable for nourishment. All dredge sites deemed suitable for reuse of sediments for unlimited placement over 10 years and as a one-time activity are included in the 10-year CP. Dredge sites generating sediments that have been deemed unsuitable for nourishment will be re-categorized into Stand-Alone Projects (Category 2) under the Town’s CDP and not be included in the 10-year CP. Sediment suitability authorized under the USACE SD and relative to dredge site locations is shown in Figures 2 through 10 and summarized in Table 3. Foth • 10 Foth • 11 Foth • 12 Foth • 13 Foth • 14 Foth • 15 Foth • 16 Foth • 17 Foth • 18 Foth • 19 Table 3: Summary of Sediment Suitability for All Dredge Sites Evaluated to be included in the Town of Barnstable 10-year Comprehensive Dredge Permit. It is noted that Loop Beach, located in the Three Bays Region, has been added to the 10-year CP as a potential nourishment site following the issuance of the USACE SDs. Confirmation for the beneficial reuse of sediments removed from dredge sites located within the Three Bays and Prince Cove Region at Loop Beach will require supplemental approval by the USACE. REGION LOCATION DREDGE ID Dredge Site USACE Suitability Determination Findings A BARNSTABLE HARBOR/SANDY NECK BH-D4 Barnstable Harbor Outer Entrance Channel Unlimited 10-yr Nourishment at: Millway Beach, Sandy Neck Public Beach (Above AHTL) & Sandy Neck Cottage Area* EB-D1 East Bay Entrance Channel Unlimited 10-yr Nourishment at: Long, Craigville & Covell's Beaches CR-D1 Centerville River Channel Lower Reach 1 x Nourishment at: Long, Craigville & Covell's Beaches 2 SECTIONS - 1 x Nourishment at: Long, Craigville & Covell's Beaches 2 SECTIONS - NOT SUITABLE FOR NOURISHMENT => RE-CLASSIFY AS STAND ALONE PROJECT CR-D3 Centerville River Spur Channel 1 x Nourishment at: Long, Craigville & Covell's Beaches BR-D1 Bumps River Channel 1 x Nourishment at: Long, Craigville & Covell's Beaches CB-D1 Cotuit Bay Entrance Channel (8') CB-D2 Cotuit Bay Embayment Channel (10') CB-D3 Cotuit Bay Embayment Channel (11') 1 x Nourishment at: Dead Neck, Cross St. (Riley's) Beach, & Ropes Beach 2 SECTIONS - 1 x Nourishment at: Dead Neck, Cross St. (Riley's) Beach, & Ropes Beach 1 SECTION - NOT SUITABLE FOR NOURISHMENT => RE-CLASSIFY AS STAND ALONE PROJECT CB-D5 Cotuit Bay Embayment Channel (7') 1 x Beach Nourishment at: Dead Neck, Cross St. (Riley's) Beach, & Ropes Beach CB-D6 Cotuit Town Landing NOT SUITABLE FOR NOURISHMENT => RE-CLASSIFY AS STAND ALONE PROJECT CB-D7 Hoopers Landing & Ropes Beach Basin/Channel NOT SUITABLE FOR NOURISHMENT => RE-CLASSIFY AS STAND ALONE PROJECT SR-D1 Seapuit River Channel 1 x Beach Nourishment at: Dead Neck, Cross St. (Riley's) Beach, & Ropes Beach WB-D1 West Bay Outer Entrance Channel (8') Unlimited 10-yr Nourishment at: Dead Neck, Cross St. (Riley's) Beach, & Ropes Beach 2 SECTIONS - 1 x Nourishment at: Dead Neck, Cross St. (Riley's) Beach, & Ropes Beach 1 SECTION - NOT SUITABLE FOR NOURISHMENT => RE-CLASSIFY AS STAND ALONE PROJECT WB-D3 West Bay Spur Channel (8') 1 x Nourishment at: Dead Neck, Cross St. (Riley's) Beach, & Ropes Beach NB-D1 North Bay Narrows Channel (8') 1 x Beach Nourishment at: Dead Neck, Cross St. (Riley's) Beach, & Ropes Beach North Bay St. Channel (8') New; South of Bridge NOT SUITABLE FOR NOURISHMENT => RE-CLASSIFY AS STAND ALONE PROJECT 1 SECTION - 1 x Nourishment at: Dead Neck, Cross St. (Riley's) Beach, & Ropes Beach 1 SECTION - NOT SUITABLE FOR NOURISHMENT => RE-CLASSIFY AS STAND ALONE PROJECT PC-D1 Prince Cove Entrance Channel 1 x Nourishment at: Dead Neck, Cross St. (Riley's) Beach, & Ropes Beach BASIN AREA - 1 x Nourishment at: Dead Neck, Cross St. (Riley's) Beach, & Ropes Beach BASIN AREA NOT SUITABLE FOR NOURISHMENT => RE-CLASSIFY AS STAND ALONE PROJECT CHANNEL - NOT SUITABLE FOR NOURISHMENT => RE-CLASSIFY AS STAND ALONE PROJECT *Sand Neck Cottage nourishment area is no longer available due to saltmarsh growth. E PRINCE COVE Unlimited 10-yr Nourishment at: Dead Neck, Cross St. (Riley's) Beach, & Ropes Beach CR-D2 Centerville River Channel Upper Reach Cotuit Bay Embayment Channel (9') West Bay Inner Entrance Channel (11') CENTERVILLE HARBORC CB-D4 WB-D2 Prince Cove Marina Basin & Channel North Bay (Bay St.) Channel (8') Maint.; North of Bridge THREE BAYS D NB-D2 PC-D2 Foth • 20 2. Dredge & Nourishment Site Descriptions Dredging and nourishment sites proposed to be included in the 10-year CP consist of those locations that have been authorized under the Phase 1 and Phase 2 SDs issued by the USACE in 2020 and 2022, respectfully. The dredge sites consist of a total of (19) locations that have been previously authorized/dredged and therefore considered a maintenance activity. Shoreline areas consist of a total of (9) public and private beaches, with (5) locations including areas that have been previously authorized to beneficially reuse sediments from the dredge sites that will be authorized under the 10-year CP. Table 4 provides a summary of the waterways and corresponding shoreline areas to received dredge sediments by Region consistent with the Town’s CPD. Each Region is shown in the Locus Map provided in Figure 11. Table 4: Regional Summary of Waterways to be Dredged & Shoreline Areas to be Nourished Under the 10 -year Comprehensive Permit. REGION Waterway Nourishment Site Location Abbreviation Location Ownership Barnstable Harbor/Sandy Neck Barnstable Harbor BH Millway Beach/Blish Point Sandy Neck Public Beach Public (Town & State) Public (Town) Centerville Harbor East Bay EB Long Beach Public (Town)/Private Centerville River CR Craigville Beach Public (Town) Bumps River BR Covell’s Beach Public (Town) Three Bays Cotuit Bay CB Dead Neck/Dead Neck Ext. Private West Bay WB Cross St. (Riley’s) Beach Public (Town) North Bay NB Ropes Beach Public (Town) Seapuit River SR Loop Beach* Public (Town) Prince Cove Prince Cove PC *Site added by Town and not included in USACE Suitability Determination (SD). Confirmation for beneficial reuse of dredge sediments From the Three Bays and Prince Cove Regions is required. The Permit Plans developed for the 10-year CP utilize the same naming convention established for the Town’s Comprehensive Dredge Program (CDP) that was developed in 2017 and as described in detail above in Section 1.2.1. This program identified all of the Town’s public dredging needs and separated those sites that were initially anticipated to be appropriate for inclusion into the 10-year CP (i.e. maintenance dredging with beneficial reuse of sediments for shoreline nourishment) from those sites that would need to be pursued separately as Stand-Alone Projects due to sediments not being suitable for beneficial reuse as nourishment along shoreline areas and therefore requiring authorization of alternative disposal options. Each dredge site under the Town’s CDP has an assigned “Dredge Site ID#” that correlates to its’ specific waterbody. For instance, a dredge site located in Barnstable Harbor is identified as “BH-D#”, and a dredge site located in West Bay is identified as “WB-D#”, etc. Channels/basin areas located within the same waterbody that vary in navigable depth are identified by separate sub-Dredge Site IDs. These sites are located in the Centerville Harbor Region along the Centerville and Bumps Rivers and the Three Bays Region within Cotuit Bay and West Bay. Channel sub-segments are consistent with those authorized/dredged under past permits. Foth • 21 FIGURE 11: Regional Locus Map 10-year Comprehensive Dredge & Nourishment Permit Town of Barnstable, MA General site descriptions of each Region that maintenance dredging and nourishment activities are proposed are provided below. 2.1 Barnstable Harbor/Sandy Neck Region Barnstable Harbor is a natural harbor that is sheltered by Sandy Neck to the north and the Town of Barnstable to the south. The harbor is located 10 miles eastward of the Cape Cod Canal entrance and provides the approach to the Town of Barnstable and the village of Yarmouth Port. Navigation into/out of Barnstable Harbor is provided by an established Entrance Channel that is marked by buoys. This channel provides access to/from the Inner Harbor which supports recreational, commercial and transient boating activities as well as private commercial marine operations and services. The Inner Harbor basin supports the Town Marina, which consists of an 88-slip facility. A total of (9) commercial fishing boats operate out of the Town facility. The Entrance Channel is subject to the continuous shifting of sands and shoaling due to the currents, wave action and north-northeasterly storm events. As such, the Entrance Channel requires frequent, periodic maintenance dredging on an approximate ±5-year basis. Dredging activities within Barnstable Harbor under the 10-year CP will be limited to the outer-most ±1,125 linear feet (LF) of the existing 6-foot deep, 60-wide Foth • 22 navigation channel. Blish Point creates the south-southeast shoreline of Barnstable Harbor and includes Millway Beach along with a public boat ramp and parking area that is a state-owned facility managed by the Town. This ramp provides recreational and commercial vessel access into Barnstable Harbor and is one of only five public launching areas available along the entire north side of Cape Cod from Sandwich to Provincetown. The Sandy Neck Barrier Beach System shelters Barnstable Harbor and was established as a designated Area of Critical Environmental Concern (ACEC) in 1978 because of the extraordinary natural resources, wildlife, endangered species and recreational opportunities resources found at this site. Approximately (6) miles of shoreline along the north side of Sandy Neck is open to Cape Cod Bay. A public beach is located at the northwest end of the barrier beach along with Town-owned and maintained infrastructure that includes a 2-acre, 228 space parking lot, bathhouse with public restrooms, concessions, equipment garage, pavilion and an observation viewing deck. Since about 2010, the existing coastal dune that protects the Town parking lot and buildings has experienced significant erosion to the point where emergency nourishment efforts have been conducted by the Town to help stabilize the area to protect existing infrastructure. Loss of/damage to the existing infrastructure will not only reduce public access to and use of opportunities at Sandy Neck, but it will also reduce annual revenues which are generated from beach parking stickers, parking fees, concessions and permit fees. Loss of annual revenues will greatly impact the Town’s future ability to continue with providing the high quality of management of at Sandy Neck. Nourishment efforts are anticipated to be necessary to preserve existing infrastructure at this location due to the likelihood of future dune loss. Using Mean Lower Low Water as a reference datum (MLLW = 0.0), the Mean Low Water (MLW), Mean High Water (MHW) and Annual High Tide (HTL) elevations (El.) within Barnstable Harbor and Sandy Neck are +0.28 feet, +9.94 feet and +12.78 feet, respectively. Barnstable Harbor is located within FEMA Zone VE El. 15.0 feet NAVD88. The north shore of Sandy Neck is located within FEMA Zone VE El. 15.0 feet. FEMA flood elevations are based upon the effective date of July 16, 2014 (see Exhibit D). 2.2 Centerville Harbor Region The Centerville Harbor Region is located on the south side of Barnstable, approximately 3.5 miles west of the village of Hyannis. Navigable waters included in this Region include East Bay and the Centerville and Bumps Rivers. The aforementioned rivers connect with Nantucket Sound via East Bay. The East Bay- Centerville River system is an active waterfront that supports recreational boating activities, two public landings/boat ramps that are located in East Bay and at Hayward Landing on the Centerville River along with several private docks and piers. The Town manages a few dozen moorings within the Centerville River. The East Bay Entrance Channel is flanked by Dowses Point to the west and Long Beach to the east. A stone jetty extends along the western shoreline at Dowses Point and provides stabilization to the East Bay Entrance channel. Nourishment along the shorelines of the Centerville Harbor Region is essential for coastal resiliency, public use/access and to support rare/endangered bird habitat. Long Beach consists of a barrier beach that separates the Centerville River from Nantucket Sound/Centerville Harbor and provides storm damage protection and flood control for the river and adjoining upland areas. The barrier beach also supports wildlife habitat for shorebirds and other organisms native to barrier beach and coastal dunes. The western end of Long Beach consists of a natural, undeveloped barrier, while the eastern end includes a number of private residences on both the river and sound sides of the barrier beach. The Long Beach barrier is located at the updrift end of a littoral transport cell and receives little sediment input from beach areas located to the west. Erosion along the Long Beach barrier and degradation of the coastal dune system compromises the ability of this fragile landform to protect adjacent wetlands and upland areas. Craigville Beach is a very popular tourist hot-spot on Cape Cod. Unlike many private Cape beaches which offer parking to residents only, this shoreline area provides a public beach area available to non-residents for a daily parking fee. Foth • 23 Craigville Beach consists of two separate beaches: the public beach, Craigville Beach and the resident beach, Covell Beach. Using Mean Lower Low Water as a reference datum (MLLW = 0.0), the Mean Low Water (MLW), Mean High Water (MHW) and Annual High Tide (HTL) elevations are +0.25 feet, +3.35 feet and +4.60 feet, respectively. Dredge and nourishment sites are located within the following FEMA zones based upon the effective date of July 16, 2014 (see Exhibit D): East Bay Entrance Channel Zone VE EL. 15 feet NAVD88 Centerville River Lower Reach & Bumps River Zone VE EL. 14 feet NAVD88 Centerville River Upper Reach & Spur Channel Zone AE EL. 12 & 13 feet NAVD88 Long Beach Zone VE EL. 14 feet NAVD88 Craigville & Covell Beaches Zone VE EL. 16 feet NAVD88 2.3 Three Bays Region The Three Bays Region consists of a large and complex estuary with multiple ocean inlets and sub- embayments that includes Cotuit Bay, West Bay, North Bay and the Seapuit River. Like many coastal areas on Cape Cod, the Three Bays system has undergone profound transformations resulting from natural and man-made causes. Tidal and littoral (wind-driven) forces over time have shaped the Dead Neck/Sampson Island barrier beach system and inlet configurations, which in turn influences tidal flushing in the system. The dredging of the inlet into West Bay in 1890 was the first of on-going efforts to maintain a two-inlet configuration for navigation, with implications for tidal exchange. Ocean waters from Nantucket Sound exchange with the system through the two maintained inlets on the east (West Bay) and west (Cotuit Bay) ends of Dead Neck/Sampson’s Island. The Three Bays System is visually, economically and ecologically a high-valued asset to the Town. The open waters of the Three Bays system support a wide variety of water dependent uses that support recreational, transient and commercial needs. Thousands of vessels reside at public and private moorings, docks and slips and several marinas located throughout the Region. Privately-owned boat yards, marinas and other marine service businesses are located throughout the Three Bays and provide a variety of services including maintenance and repair of vessels, launching, fueling, mooring and slip rentals, sea sonal winter storage and various customer amenities. There are also several public access facilities located within the Three Bays including the Cotuit Town Dock, Hoopers, Little River and Cordwood Landings and the Bay Street and Bridge Street boat ramps. Cotuit Bay and Seapuit River collectively form the largest waterway of the Three Bays, and they are bounded on the east by Grand Island and on the west by Cotuit Village. The Seapuit River connects Cotuit Bay and West Bay and separates Grand Island from Dead Neck/Sampson’s Island. North Bay is the smallest of the Three Bays and the adjacent coves display a more varied estuarine environment with a more extensive presence of salt marsh. West Bay is formed largely by the enclosure of Little Island and Oyster Harbors to the north and west. Due to the relatively natural shallow depths of water throughout much of the Three Bays system, maintenance dredging of established channel/basin areas are necessary for safe navigation , public use and access and emergency response within all of the interconnected waterways. Historically, dredge sediments from the Three Bays Region have consisted of sand that has been an important nourishment source for the Dead Neck and Sampson’s Island barrier beach system which is privately-owned by Three Bays Preservation, Inc. (TBPI) and Massachusetts Audubon Society (MAS), respectively. Dead Neck has been the site of many nourishment projects over the past ± 30 years. These efforts have restored/enhanced the barrier beach’s ability to protect the backland areas against storm damage and flooding and habitat for rare coastal birds for decades including piping plovers, least and common and roseate tern habitat. Continued nourishment along the Dead Neck barrier beach is essential to storm and flood protection and support the endangered/rare shorebird habitat. Foth • 24 Ropes Beach, Cross Street (Riley’s) Beach and Loop Beach are (3) small Town-owned and maintained beaches that are located in Cotuit Bay. Ropes Beach features a narrow beachfront and also doubles as a local neighborhood dinghy and boat launch. Its home to The Mosquito Yacht Club which was established in 1950 and which hosts sailing lessons and runs local yacht club races. Cross Street (Riley’s) Beach is a tucked between the Town Dock and Loop Beach and provides a quiet and sheltered public beach area that is partially enclosed by stone groins. Loop Beach, named for the one-way loop of bumpy road that leads down to the beach and past, features scenic views of the Nantucket Sound and offers the most beach space for its swimmers and sunbathers. Its lukewarm waters and friendly atmosphere make it a favorite among locals and tourists. Accordingly, nourishment of these public shoreline areas will help enhance recreational opportunities and access to and use by the local community and visitors as well as restore/enhance coastal resiliency against flooding and storm damage to roadways and residential areas that populate these locations. Using Mean Lower Low Water as a reference datum (MLLW = 0.0), the Mean Low Water (MLW), Mean High Water (MHW) and Annual High Tide (HTL) elevations are +0.25, +3.35 feet and +4.60 feet, respectively. Dredge and nourishment sites are located within the following FEMA zones based upon the effective date of July 16, 2014 (see Exhibit D): Cotuit Bay Zone VE EL. 14 & 16 feet NAVD88 North Bay Zone VE EL. 14 feet & Zone AE EL. 12 feet NAVD88 West Bay Zone VE EL. 14 & 15 feet NAVD88 Seapuit River Zone VE EL. 14 feet NAVD88 Dead Neck/Dead Neck Ext. Zone VE EL. 16 feet NAVD88 Ropes Beach Zone VE EL. 14 feet NAVD88 Cross Street (Riley’s ) Beach Zone VE EL. 16 feet & Zone VE EL. 14 feet NAVD88 Loop Beach Zone VE EL. 16 feet NAVD88 2.4 Prince Cove Region The Prince Cove Region is the furthest removed from the Three Bays system and is connected to North Bay by an established navigation channel. Located at the entrance of the channel is the Prince Cove Marina Facility which has been owned and operated by the Town since 2002. The marina provides public slips for approximately 36 vessels, and there are just under 100 moorings located within the cove directly seaward and to the south of the docks. A public boat ramp is also located on the north side of the marina. The Prince Cove Marina Facility provides the only public access to the cove which is developed with numerous private residences and docks. The navigation channel leading out of the cove and into North Bay is located along a much less developed landside area and includes several areas of saltmarsh along the shoreline. The navigation channel supports waterway access to/from Warren’s Cove. Using Mean Lower Low Water as a reference datum (MLLW = 0.0), the Mean Low Water, Mean High Water (MHW) and Annual High Tide (HTL) elevations are +0.25 feet, +3.35 feet and +4.60 feet, respectively. The project area is located in a Zone AE EL. 12 feet NAVD88. Foth • 25 3. Dredge & Nourishment History The histories associated with the dredge and nourishment sites that will be included in the 10 -year CP have been researched to categorize the proposed activities as either maintenance (previously authorized/performed) or as improvement/new (not previously authorized/performed). Available record documents were obtained from the MADCR Office of Waterways, BCC, MADEP, USACE and TBPI. Dredge and nourishment histories are presented below by Region. Each record dredging event has been assigned a corresponding 10-year CP Dredge ID with respect to waterway location. 3.1 Barnstable Harbor/Sandy Neck Region Based upon record information found to be available for the Barnstable Harbor /Sandy Neck Region, the entrance to Barnstable Harbor was first dredged by the State under MA DPW Contract #535 in 1938. Subsequent dredging efforts were performed by the State in 1962 (MA DPW Contract #2376) and in 1974 (MA DPW Contract #2779). Following the 1974 event, the Town assumed the direct responsibility for performing maintenance dredging. Dredging of the Outer portion of the Entrance Channel was dredged by the Town 2003-04, 2008-09, 2015-16 and most recently in 2021. Table 5 provides a summary of regulatory authorizations found to be available/previously issued for the dredging of the Barnstable Harbor Outer Entrance Channel including beneficial reuse of sediments for nourishment along the shorelines of Millway Beach/Blish Point and Sandy Neck. It is noted that prior historical dredging events authorized within the Barnstable Harbor have also been referred to as Maraspin Creek. Table 5: Summary of Record Permit Authorizations Issued for the Navigational Dredging of the Barnstable Harbor Entrance Channel with Beneficial Reuse of Sediments as Nourishment Along Shoreline Areas Located in the Barnstable Harbor/Sandy Neck Region. Bold Text = shoreline area to be included in 10-year CP. Year Issued Contract/ Permit #Agency Authorized Dredging Authorized Sediment Disposal Sites 1938 Contract #535 MADPW 90' wide to -6' MLW; ±1,800 LF Entr. Channel and Inner Harbor Turning Basin Not Identified 1956 Contract #1611 MADPW 60' wide to -6' MLW; ±2,200 LF Entr. Channel and Inner Harbor Turning Basin; Maint. w/in limits authorized under Contract #535 Not Identified 1962 Contract #2376 MADPW 60' wide deepen to -7' MLW; ±1,800 LF Entr. Channel; Maint. w/in limits authorized under Contract #1611 Not Identified Contract #2279 MADPW SE3-0033 Conservation SE3-2167 Conservation 219 DEP CH91 Waterways 199011079 USACE EOEA #13408 MEPA ENF/NPC SE3-4356 SE-4582 10244 119262 W057766 W097810 2004-4187 USACE N/A MEPA RAO SE3-5781 Conservation 15144 DEP Ch91 Waterways X287710 401 WQC 2015-1632 USACE 1974 60' wide to -7' MLW; ±1,335 LF Entr. Channel and extension of Inner Harbor Basin; Maint. w/in limits previously authorized Shoreline Disposal at 1st Avenue (Voided Out on Plan) 1990-91 60' wide to -6' MLW; ±1,800 LF Entr. Channel to Blish Pt. Boat Ramp (±15,000 CY); Maint. w/in limits previously authorized Nourishment at Millway Beach/Blish Point (±900 LF; ±4,000 CY); Blish Point Containment Basin (±11,000 CY) 60' wide to -6' MLW; ±2,080 LF Entr. Channel slightly past Blish Point Boat Ramp (±1,150 LF Outer Entr. Ch; ±930 LF Mid-Entr. Ch); Maint. w/in limits previously authorized Nourishment at Millway Beach/Blish Point (±900 LF), Sandy Neck Public Beach (±700 LF), Sandy Neck Lighthouse & Cottage Area (±15,000 CY Outer Entr. Channel); Blish Point Basin (±5,000 CY Mid-Entr. Channel) 2004-08 2020-21 60' wide to -6' MLLW; ±1,125 LF Outer Entr. Channel (±4,192 CY); Maint. w/in limits previously authorized Sandy Neck Public Beach (±875 LF) (note : Sandy Neck Cottage Area as removed as viable receiving site due to presence of saltmarsh observed in 2021) DEP CH91 Waterways DEP 401WQC Conservation Foth • 26 3.2 Centerville Harbor Region Based upon record information found to be available for the Centerville Harbor Region, the East Bay Entrance and Centerville River navigation channels were first dredged under MA DPW Contract #239 in 1930. In 1952 (MADPW Contract #1302), the State widened and deepened the East Bay Channel and extended the limits up into the Centerville River to establish navigation up to the channel limit previously dredged under Contract #239. Subsequent maintenance dredging of the East Bay Entrance Channel was performed in 1956-58 (MA DPW Contract #1619) and again in 1971 (MA DPW Contract #2681). In 2003, the Town assumed the responsibility for maintaining navigational access within the East Bay-Centerville River system by dredging the East Bay Entrance Channel and the lower reach of the Centerville River. Maintenance dredging within the upper reach and spur channel areas of Centerville River along with new (improvement) dredging of the Bumps River to the Main St. Bridge was performed by the Town in 2006. Since that time, the only maintenance dredging conducted by the Town has been within the East Bay Entrance Channel during the 2013-14 season. Historically, the East Bay-Centerville River system has been dredged to maintain safe navigation. As a secondary benefit, dredge sediments have provided a viable source for nourishment along Dowses Beach, Long Beach and Craigville Beach. In 1956-58 under State MA DPW Contract #1619, dredge sediments from East Bay were beneficially reused to nourish Dowses Beach. However, due to the direction of the natural littoral drift being south to north, Dowses Beach is no longer considered a preferable nourishment sit e option since it is located updrift of the East Bay Entrance Channel. Table 6 provides a summary of regulatory authorizations that have been previously issued for the dredging of the East Bay Entrance Channel, Centerville River Channel and Bumps River Channel (to the Main St. Bridge) and the beneficial reuse of sediment for beach nourishment along the shorelines of Long Beach (Private and Public) and Craigville Beach. Table 6: Summary of Record Permit Authorizations Issued for the Navigational Dredging of the East Bay, Centerville River and Bumps River Channels with Beneficial Reuse of Sediments as Nourishment Along Shoreline Areas Located in the Centerville Harbor Region. ` Bold Text = shoreline area to be included in 10-year CP. Year Issued Contract/ Permit #Agency 10-Yr CP Dredge ID Authorized Dredging Authorized Sediment Disposal Sites 1930 Contract #239 MADPW EB-D1 CR-D1 CR-D2 50' wide to -5' MLW; ±2,380 LF East Bay Entr. Channel and ±5,100 LF Centerville River Channel Nourishment at Long Beach; Area across from Bumps River 1952 Contract #1302 MADPW EB-D1 CR-D1 60' wide to -6' MLW; ±3,000 LF East Bay Entr. Channel and ±2,100 LF Centerville River Nourishment at Long Beach 1956-58 Contract #1619 MADPW EB-D1 80' wide to -6' MLW; ±1,200 LF East Bay Entr. Channel Nourishment at Dowes Beach 1971 Contract #2681 MADPW EB-D1 100' wide and deepen to -7' MLW; ±2,325 LF East Bay Entrance Channel Not Identified EEA# 12359 MEPA EENF/Ph I EIR Waiver SE3-3842 Conservation EB-D1 9191 DEP CH91 Waterways CR-D1 W023222 DEP 401 WQC 2001-2433 USACE EEA# 12359 MEPA Ph II DEIR/EIR SE3-4352 Conservation CR-D2 10308 DEP CH91 Waterways CR-D3 W0053631 DEP 401WQC BR-D1 2005-1645 USACE SE3-5104 Conservation 13589 DEP CH91 Waterways EB-D1 X256436 DEP 401WQC 2012-02262 USACE 2013 60' wide to -6' MLW;±2,300 LF East Bay Entr. Channel; Maint. w/in limits previously authorized Nourishment at Long Beach (±4,800 CY) (Town-owned beach plus 3 private parcels to the west1) 2000-02 Phase I: 60' wide to -6' MLW; ±2,100 LF East Bay Entr. Channel & ±3,800 LF Centerville River Channel to Bumps River ("Reaches 1 & 2"); Maint. w/in limits previously authorized; Fine grained from end of East Bay Entr. Channel (±250 LF) and start of Centerville River Channel (±650 LF) Nourishment at Long Beach (±30,000 CY); Fine-grained sedimets at MA Landfill (±6,000 CY) Phase II: 50' wide deepen to -6' MLW; ±3,975 LF Upper Centerville River Channel ("Reach 2") to Craigville Beach Club; Maint. w/in limits previously authorized under Contract #239; 30' wide to -4' MLW; ± 400 LF Bumps River Channel to bridge ("Reach 3"); 30' wide to -4' MLW; ± 1,550 LF Upper Centerville River Spur Channel ("Reach 4") Nourishment at Craigville Beach; Sand (±16,380 CY Reach 2) remained on beach w/ fine-grained sediments used upland for sound attenuation berm; Nourishment at Long Beach (±920 CY Reach 3 & ±4,800 CY Reach 4); Town-owned beach and 15 private parcels to the west1. 2004-06 Foth • 27 3.3 Three Bays Region The Three Bays Region has historically provided and continues to be a gateway for recreational, transient and commercial vessels to/from Nantucket Sound. Due to the relatively natural shallow depths of water throughout much of the Three Bays, maintenance dredging of established navigation channels are necessary for safe navigation, public use and access and emergency response within all of the interconnected waterways. This Region includes the following waterways: Cotuit Bay, Seapuit River, West Bay and North Bay. Historically, all navigational dredging within the Three Bay Region has yielded beach quality (sand) sediments that have been beneficially reused for nourishment primarily along the eastern end of the Dead Neck barrier beach system. An overview of dredging and nourishment history is presented below for each waterway. COTUIT BAY Available record documentation indicates that the first dredging of Cotuit Bay was performed by the State under MA DPW Contract #202 in 1929. Subsequent dredging efforts within various areas of Cotuit Bay were performed in 1934 (MA DPW Contract #397), 1947 (MA DPW Contract #975), 1954 (MA DPW Contract #1377), 1975 (MA DPW Contract #2799) and 1981 (MA DPW Contract #2974). In 1998, TBPI assumed the responsibility for the permitting and dredging of the 8-foot deep Cotuit Bay Entrance Channel and along with the 11-foot, 9-foot and 7-foot deep Cotuit Bay Embayment channels. The 10-foot deep Embayment Channel was authorized/dredged in 2002. In 2014, TBPI received all required authorizations for dredging the Cotuit Cut which consisted of the removal of the western-most end of Sampson Island and back- passing sediments to the eastern-most end of Dead Neck. Most recently, the Town sought permit authorizations to perform the maintenance dredging of the 8-foot deep Cotuit Bay Entrance Channel along with the adjacent 10-foot deep Embayment Channel in 2023. Dredging is anticipated to be completed in the Fall of 2024. Sediments dredged from both channel areas will be reused to nourish/restore the eastern- most end of Dead Neck including the breach that occurred in December 2023 at the West Bay Jetty. A summary of dredging and nourishment activities that have been previously authorized/performed within Cotuit Bay is provided in Table 7. Table 7: Record Permit Authorizations Issued for the Navigational Dredging within Cotuit Bay and Reuse of Sediments as Nourishment Along Shoreline Areas Located in the within the Three Bays Region. Bold Text = shoreline area to be included in 10-year CP.; *Dredge event listed on MA DCR Office of Waterways Record Inventory; Copy of Contract Plan not Found to be Available. Year Issued Contract/ Permit #Agency 10-Yr Dredge Site ID Authorized Dredging Authorized Sediment Disposal Sites 1929 Contract #202*MADPW ----No record plans found CB-D3 200' wide to -6' MLW Embayment Channel; ±900 LF Not Identified CB-D1 100' wide to -6' MLW; Cotuit Entr. Channel; ±900 LF Not Identified 1947 Contract #975*MADPW ----No record plans found 1954 Contract #1377 MADPW CB-D1 100' wide to -8' MLW; Cotuit Entr.Channel; ±2,100 LF Not Identified 1975 Contract #2799*MADPW CB-D1 Cotuit Entrance Channel/No record plans found Not Identified #SE3-0438 Conservation #60 MADEQE 1982 Contract #3036 MADPW CB-D4 Variable width w/no depth provided; ±670 LF Nourishment along ±1,500 LF East End starting at West Bay Jetty and extending west ±5,500 CY 1998-2001 #SE3-3743 Conservation CB-D1 100' wide to -8' MLW; ±3,000 LF/±76,000 CY #363 DEP CH91 Waterways CB-D3 200' wide to -11' MLW; ±2,575 LF/±122,580 CY Nourishment along ±2,400 LF Dead Neck #9123 DEP CH91 Waterways CB-D4 100' wide to -9' MLW; ±1,195 LF/±15,175 CY East End starting at West Bay Jetty and extending west #85987 DEP 401WQC CB-D5 80' wide to -7' MLW; ±1,280 LF/±79,541 CY ±293,296 CY (total) 1997-01302 USACE 2009 #SE3-3743 Conservation Nourishment along ±2,400 LF Dead Neck #9123 DEP CH91 Waterways East End Starting at West Bay Jetty and extending west 2009-00670 USACE EEA#15197 MEPA EENF 2014-17 #SE3-5053 Conservation Nourishment along ±2,200 LF Dead Neck #017-295 NHESP MESA Cotuit Authorized Dredge Area Not Proposed East End starting at West Bay Jetty and extending west #14437 DEP CH91 Waterways Cut to be included in the 10-year Comprehensive Permit ±160,000 CY (total) #X264968 DEP 401WQC NAE-2013-02073 USACE 2023 EEA#16696 MEPA ENF #SE3-6100 Conservation Nourishment along ±900 LF Dead Neck #23-1183 NHESP MESA East End starting at West Bay Jetty and extending west #WW01-0000257 DEP CH91 Waterways ±18,649 CY (total) #23-WW07-0009-APP DEP 401WQC 2023-1720 USACE CB-D1 100' wide to -8' MLW; ±3,000 LF/±14,863 CY; Maint. w/in limits previously authorized in 1998-2001 CB-D2 200' wide to -11' MLW; ±1,050 LF/±3,786 CY; Maint. w/in limits previously authorized in 2009 CB-D2 100' wide to -10 MLW; ±1,050 LF/±6,288 CY 60' wide to -8' MLW; ±200 LF Off-site above MHW; ±850 CY 1934 Contract #397 MADPW 1979 CB -D3 CB-D4 Foth • 28 SEAPUIT RIVER Available record documentation indicates that the State first dredged the Seapuit River in 1928 under MA DPW Contract #176 and again in 1950 (MA DPW Contract #1158). No associated plans for these events were found to be available. In 1955 (MA DPW Contract #1465), the State dredged a 7-foot deep channel to establish navigation within the eastern-most end of the river and into West Bay. In 1959 (MA DPW Contract #1979), the State dredged a 6-foot deep channel that extended navigation west from the 7-foot deep channel into Cotuit Bay. The combination of the 1955 and 1959 dredging events established navigation along the full length of the river which provided access to both Cotuit Bay and West Bay. Maintenance dredging within various/limit areas of the 7 -foot and 6-foot deep channels were authorized/dredged in 1978, 1986 and 2008. All dredge sediments from the Seapuit River have been historically beneficially reused as nourishment along the east end of Dead Neck. A summary table of dredging and nourishment activities that have been previously authorized within the Seapuit River is provided in Table 8. Table 8: Record Permit Authorizations Issued for the Navigational Dredging within the Seapuit River and Reuse of Sediments as Nourishment Along Shoreline Areas Located in the within the Three Bays Region. Bold Text = shoreline area to be included in 10-year CP. *Dredge event listed on MA DCR Office of Waterways Record Inventory; Copy of Contract Plan not Found to be Available. WEST BAY Available record documentation indicates that the State first dredged a 6-foot deep Outer Entrance Channel from Nantucket Sound to West Bay under MA DPW Contract #160 in 1928. Subsequent dredging efforts were performed to maintain navigation in 1934 (MA DPW Contract #397), with channel limits being extending north through the jetties and into the formal bay area in 1937 (MA DPW Contract #487) and again in 1938 (MA DPW Contract #524). Record information indicates that a total of (7) dredging events within West Bay area were performed by the State between 1946 and 1953; however, no corresponding plans were found to be available. In 1958, the State dredged the Outer Entrance Channel deepening it from 6 to 9 feet and extending the seaward-most limit approximately 770 feet into Nantucket Sound. This channel was then deepened to 10 feet in 1966 (MA DPW Contract #2537) feet with maintenance dredging conducted in 1982 (MA DPW Contract #2974). All sediments from the dredging performed by the State within West Bay were historically reused as nourishment along the east end of Dead Neck In 1998, TBPI assumed the responsibility of maintaining and improvement navigation within West Bay. In 2000, maintenance dredging was performed with the West Bay Outer Entrance Channel to a depth of 8 feet and the West Bay Spur Channel with both maintenance and improvement dredging to establish 11 -foot deep Inner Entrance Channel and the 8-foot deep West Bay Spur Channel (WB-D3). All dredge sediments from this effort were beneficially reused as nourishment along the east end Dead Neck. A summary table of dredging and nourishment activities that have been previously authorized within West Bay is provided in Table 9. Year Issued Contract/ Permit #Agency 10-Yr Dredge Site ID Authorized Dredging Authorized Sediment Disposal Sites 1928 Contract #176*MADPW ----No record plans found 1950 Contract #1158*MADPW ----No record plans found Nourishment along ±1,300 LF Dead Neck East End starting 200' west of West Bay Jetty and extending west Nourishment along ±2,600 LF Dead Neck East End starting at West Bay Jetty and extending west 1978 #SE3-0336 Conservation SR-D1 (80'w) 50' wide to -8' MLW (±600 LF); maint. w/in limits authorized under Contract #1465 Nourishment along Dead Neck; ±3,700 CY #SE3-1422 Conservation #160 MADEQE 86-5287 USACE 2008 2008-3484 USACE SR-D1 (60'w) 60' wide to -6' MLW (±200 LF);maint. w/in limits authorized under Contract #1979 Nourishment along Dead Neck; ±535 CY ~500' west of West Bay Jetty 1986 SR-D1 (60'w) 60' wide to -6' MLW (±135 LF);maint. w/in limits authorized under Contract #1979 Nourishment along ±2,600 LF Dead Neck; ±1,900 CY 60' wide to -6' MLW (±6,400 LF)SR-D1 (60'w)MADPWContract #19791959 80' wide to -7' MLW (±1,500 LF)SR-D1 (80'w)MADPWContract #14651955 Foth • 29 Table 9: Record Permit Authorizations Issued for the Navigational Dredging within West Bay and Reuse of Sediments as Nourishment Along Shoreline Areas Located in the within the Three Bays Region. Bold Text = shoreline area to be included in 10-year CP. *Dredge event listed on MA DCR Office of Waterways Record Inventory; Copy of Contract Plan not Found to be Available. **West Bay Spur Channel (WB-D3) was established by deepening ±600 LF of the existing 7-ft deep ±1,500 LF Seapuit River Channel (SR-D1); see Table 8, MADPW Contract #1465. NORTH BAY Available record documentation indicates that the State dredged the North Bay Channel, also referred to as the “Narrows”, in 1971 under MA DPW Contract #2681. Dredge sediments were beneficially reused as nourishment along four (4) private shoreline areas that were in close proximity to the channel. In 1982, the State dredged a navigation channel north of the Bridge Street bridge under MA DEM Contract #3036. Dredge sediments were beneficially reused as nourishment along the east end of Dead Neck. A summary table of dredging and nourishment activities that have been previously authorized within North Bay is provided in Table 10. Table 10: Record Permit Authorizations Issued for the Navigational Dredging within North Bay and Reuse of Sediments as Nourishment Along Shoreline Areas Located in the within the Three Bays Region. Bold Text = shoreline area to be included in 10-year CP. 3.4 Prince Cove Region Available record documentation indicates that the State dredged the navigation channel leading from North Bay into Prince Cove in 1956 under MA DPW Contract #1699. The dredging effort also included the creation of a 4 acre turning basin and stub channel at the end of the navigation channel and within the cove. Record documents do not identify the quantities that were dredged or where sediments were disposed. A summary table of dredging activities that have been previously authorized within the Prince Cove Region is provided in Table 11. Year Issued Contract/ Permit #Agency 10-Yr Dredge Site ID Authorized Dredging Authorized Sediment Disposal Sites 1971 Contract #2681 MADPW NB-D1 100' wide to -8' MLW; ±3,770 LF Nourishment along multiple private shoreline (3) areas at Grand Island; ±58,000 CY Nourishment along ±1,500 LF Dead Neck East End starting at West Bay Jetty and extending west ±2,500 CY 100' wide to -6' MLW; ±2,400 LFNB-D21982Contract #3306 MADPW Year Issued Contract/ Permit #Agency 10-Yr Dredge Site ID Authorized Dredging Authorized Sediment Disposal Sites Nourishment along ±700 LF Dead Neck East End beginning ~400 ft west of West Bay Jetty 1934 Contract #397 MADPW WB-D1 100' wide to -6' MLW Outer Entr. Channel; ±900 LF; Maint. w/in limits previously authorized under Contract#160 Not Identified WB-D1 WB-D2 WB-D1 WB-D2 1946 Contract #872*MADPW ----No record plans found 1947 Contract #975*MADPW ----No record plans found 1950 Contract #1158*MADPW ----No record plans found Unknown Contract #1307*MADPW ----No record plans found Unknown Contract #1317*MADPW ----No record plans found Unknown Contract #1328*MADPW ----No record plans found 1953 Contract #1335*MADPW ----No record plans found Nourishment along ±700 LF Dead Neck East End beginning ~400 ft west of West Bay Jetty 1966 Contract #2573 MADPW WB-D1 100' wide deepen to -10' MLW Outer Entr. Channel; ±1900 LF Nourishment along Dead Neck; East End 1975 Contract #2799*MADPW ----No record plans found Nourishment along ±1,500 LF Dead Neck East End starting at West Bay Jetty and extending west ±18,000 CY 1998-2001 #SE3-3743 Conservation #363 DEP CH91 Waterways WB-D1 100' wide to -8' MLW Outer Entr. Channel; ±3,200 LF/±4,219 CY Nourishment along ±2,400 LF Dead Neck #9123 DEP CH91 Waterways WB-D2 100' wide to -11' MLW Inner Entr. Channel;±3,650 LF; ±79,541 CY East End starting at West Bay Jetty and extending west #85987 DEP 401WQC WB-D3**100' wide; deepen ±600 LF SR-D1 to -8' MLW to establish West Bay Spur ±86,260 CY (total) 1997-01302 USACE 1958 Contract #1898 MADPW WB-D1 100' wide deepen to -9' MLW Outer Entr. Channel; ±2,130 LF 100' wide to -10' MLW Outer Entr. Channel; ±2,500 LF; incl. maint. w/in limits previously authorized under Contract #25731982Contract #3036 MADPW WB-D1 100' wide to -6' MLW Outer Entr. Channel; ±1,000 LFWB-D1MADPWContract #1601929 100' wide to -6' MLW Outer and Inner Entr. Channels; ±2,100 LF; incl. maint. w/in limits previously authorized limits1937Contract #487 MADPW Not Identified MADPWContract #5241938 100' wide to -6' MLW Outer and Inner Entr. Channels; incl. maint. w/in limits previously authorized under Contract #487 Not Identified Foth • 30 Table 11: Record Permit Authorizations Issued for the Navigational Dredging within the Prince Cove Region. Year Issued Contract/ Permit #Agency 10-Yr Dredge Site ID Authorized Dredging Authorized Sediment Disposal Sites PC-D1 65' to 75' wide to -6' MLW; ±4,030 LF Entr. ChannelMADPWContract #16991956 Not Identified65' wide to -6' MLW; 4 ac. Basin (dimensions vary) with ±300 LF Stub PC-D2 Foth • 31 4. Available Bathymetric And Topographic Information Hydrographic and topographic surveys of dredge and shoreline nourishment sites were conducted by Foth Infrastructure & Environment, LLC (Foth) between 2016 and 2018. The survey data collected was utilized to establish existing bathymetric and topographic conditions of all proposed navigable waterways to be dredged and shoreline areas to be nourished so that estimated dredge quantities and the nourishment capacities could be determined for the 10-Year CP. Foth • 32 5. Dredge & Nourishment Footprints & Quantities Summarized below are the waterway areas that navigational dredging is proposed along with corresponding shoreline locations that sediments are to be beneficially reused for nourishment with respect to each Region under the 10-year CP. The sediments to be removed from dredging sites included in the 10-year CP are currently authorized for beneficial reuse as nourishment under the suitability determinations (SDs) that were issued by the USACE in 2020 and 2022. It is noted that since the issuance of the aforementioned SDs, Loop Beach has been added as a proposed new nourishment site to receive dredge sediments within the Three Bays Region. Suitability for inclusion of this site will be coordinated through the USACE as part of the permit review process. Dredging and nourishment activities categorized as maintenance are consistent with available record documentation previously authorized limits as presented in Section 4 above. Dimensions, depths and estimated quantities are provided by Region for the proposed dredge and nourishment to be authorized under the 10-year CP. Permit plans are provided in Exhibit E. 5.1 Barnstable Harbor/Sandy Neck Region Maintenance dredging is proposed within the Outer Entrance Channel (BH-D4) and depths and limits are consistent with those previously authorized at this location. Dredge sediments from the Outer Entrance Channel have been deemed suitable for beneficial reuse as nourishment along Millway Beach/Blish Point and the Sandy Neck Public Beach. Proposed nourishment sites consist of both previously authorized footprints (maintenance) and new areas. A summary of proposed channel dimensions, depths and estimated quantities are provided for proposed dredge and nourishment placement areas located in the Barnstable Harbor-Sandy Neck Region is presented in Table 12 below. Table 12: Summary of Proposed Dredging & Nourishment Activities to be Authorized under the 10-year Comprehensive Permit for the Barnstable Harbor-Sandy Neck Region. Dredge/ Nourishment Site 10-year CP Dredge Site ID L (ft) W (ft) D (ft) 1-ft OD (ft) Total Dredge Area (SF) Estimated Quantity (CY) Category of Prop. Activity (Maintenance vs. New) Outer Harbor Entrance Channel BH-D1 ±1,125 ±60 -6.0 -7.0 ±67,521 ±5,000 Maintenance Millway Beach/Blish Point ---- ±900 V ---- ---- ±53,800 ±3,322 Maintenance Sandy Neck Public Beach ---- ±1,300 ±80 ---- ---- ±81,737 ±9,841 Maintenance footprint in front of parking lot with increase in top of fill EL. from EL. 21’ and EL. 25’ to EL. 22’ to EL. 26’ MLLW; Additional ±16,800 SF (new) nourishment area proposed west of parking lot V=varies; Depth (D) is based on MLLW datum. 5.2 Centerville Harbor Region Maintenance dredging is proposed within the East Bay Entrance Channel (EB-D1) and the established channel areas located within the Centerville River (CR-D1 through CR-D3) and the Bumps River (BR-D1). Proposed dredge depths and limits are consistent with those previously authorized at this location. Dredge sediments from the navigation channels are deemed suitable for beneficial reuse at four (4) shoreline areas located with Centerville Harbor: Long Beach (Town), Long Beach (private), Craigville Beach and Coville Beach (EB/CR/BR-B1 through B4, respectively). Proposed nourishment sites consist of both previously Foth • 33 authorized footprints (maintenance) and new areas. A summary of proposed channel and nourishment dimensions, depths and estimated quantities are provided for all dredge and nourishment areas located in the Centerville Harbor Region is presented in Table 13 below. Table 13: Summary of Proposed Dredging & Nourishment Activities to be Authorized under the 10-year Comprehensive Permit for the Centerville Harbor Region. Dredge/ Nourishment Site 10-year CP Dredge Site ID L (ft) W (ft) D (ft) 1-ft OD (ft) Total Dredge Area (SF) Estimated Quantity (CY) Category of Prop. Activity (Maintenance vs. New) East Bay Entrance Channel EB-D1 ±2,310 ±60 -6.0 -7.0 ±138,600 ±5,000 Maintenance Centerville River Channel Lower Reach CR-D1 ±1,800 ±2,000 ±60 ±50 -6.0 -7.0 ±207,000 ±3,756 Maintenance Centerville River Channel Upper Reach CR-D2 ±3,975 ±50 -6.0 -7.0 ±198,750 ±2,502 Maintenance Centerville River Spur Channel CR-D3 ±1,550 ±30 -4.0 -5.0 ±46,500 ±2,518 Maintenance Bumps River Channel BR-D1 ±400 ±30 -4.0 -5.0 ±11,407 ±1,000 Maintenance Long Beach (Town) ---- ±470 ±140 ---- ---- ±62,652 ±5,841 Maintenance Long Beach (Private) ---- ±1,260 ±140 ---- ---- ±154,634 ±9,828 Maintenance Craigville Beach ---- ±1,250 ±250 ---- ---- ±300,172 ±6,555 Maintenance Coville Beach ---- ±640 ±250 ---- ---- ±116,547 ±4,903 New V=varies; Depth (D) is based on MLLW datum. 5.3 Three Bays Region All of the proposed dredging within the Three Bays Region is considered to be maintenance of previously authorized/dredged navigational channels with the exception of new (improvement) dredging proposed in North Bay north of the Bridge Street bridge (NB-D2). The proposed improvement dredging at this site is required to establish a formal channel from the north side of the Bridge St. bridge up to the existing limits of the 100-foot wide, 6-foot deep navigation channel that was established by the State in 1982. Additionally, NB-D2 is proposed to be dredged to a depth of -8.0 feet MLLW. Dredge sediments removed from all of the navigation channel areas within the Three Bay Region are deemed suitable for beneficial reuse along east Foth • 34 end of Dead Neck, Ropes Beach and Cross Street (Riley’s Beach) are two (2) new small nourishment areas that will also be available to receive dredge sediments from Three Bay channel and basin areas. A summary of proposed channel/basin dimensions, depths and estimated quantities are provided for all dredge and nourishment areas located in the Three Bays Region is presented in Table 14 below. Table 14: Summary of Proposed Dredging & Nourishment Activities to be Authorized under the 10-year Comprehensive Permit for the Three Bays Region. Dredge/ Nourishment Site 10-year CP Dredge Site ID L (ft) W (ft) D (ft) 1-ft OD (ft) Total Area (SF) Estimated Quantity (CY) Category of Prop. Activity (Maintenance vs. New) Cotuit Bay Entrance Channel CB-D1 ±3,000 ±100 -8.0 -9.0 ±305,134 ±12,678 Maintenance Cotuit Bay Embayment Channel CB-D2 ±1,050 ±100 ±200 -10.0 -11.0 ±126,236 ±5,471 Maintenance Cotuit Bay Embayment Channel CB-D3 ±2,575 ±200 -11.0 -12.0 ±516,845 ±7,386 Maintenance Cotuit Bay Embayment Channel CB-D4 ±715 ±100 -9.0 -10.0 ±71,179 ±6,582 Maintenance Cotuit Bay Embayment Channel CB-D5 ±1,280 ±80 -7.0 -8.0 ±104,492 ±2,234 Maintenance Seapuit River Channel SR-D1 ±900 ±4,105 ±80 ±60 -7.0 -6.0 -8.0 -7.0 ±324,412 ±8,042 Maintenance West Bay Entrance Channel WB-D1 ±3,200 ±100 -8.0 -9.0 ±363,157 ±800 Maintenance West Bay Inner Entrance Channel WB-D2 ±3,650 ±100 -11.0 -12.0 ±224,102 ±42,254 Maintenance West Bay Spur Channel WB-D3 ±600 ±100 -8.0 -9.0 ±60,000 ±775 Maintenance North Bay Channel (Narrows) NB-D1 ±3,770 ±100 -8.0 -9.0 ±378,088 ±8,714 Maintenance North Bay Channel (Bay St./North of Bridge St. bridge) NB-D2 ±6,800 ±100 -8.0 -9.0 ±655,388 ±30,507 Maintenance/New Dead Neck ---- ±2,400 ±200-300 ---- ---- ±741,919 ±75,647 Maintenance Dead Neck Extension ---- ±1,000 ±200 ---- ---- ±218,157 ±24,499 Maintenance/New Ropes Beach ---- ±160 V ---- ---- ±11,460 ±358 New Cross St. (Riley’s) Beach ---- ±85 V ---- ---- ±5,378 ±382 New Loop Beach ---- ±160 ±140 ±22,642 ±1,264 New V=varies; Depth (D) is based on MLLW datum. Foth • 35 5.4 Prince Cove Region All of the proposed dredging within the Prince Cove Region is considered to be maintenance of previously authorized/dredged navigational channel and basin areas. Dredge sediments removed from the Entrance Channel (PC-D1) and the Prince Cove Marina Basin & Channel (PC-D2) are deemed suitable for beneficial reuse at the Dead Neck as well as at Ropes Beach and Cross Street (Riley’s Beach) which are two (2) new small beach areas that will also be available to receive dredge sedime nts from the Prince Cove Region. A summary of proposed channel/basin dimensions, depths and estimated quantities are provided for all dredge areas located in the Prince Cove Region is presented in Table 15 below. Table 15: Summary of Proposed Dredging & Nourishment Activities to be Authorized under the 10-year Comprehensive Permit for the Prince Cove Region. Dredge/ Nourishment Site 10-year CP Dredge Site ID L (ft) W (ft) D (ft) 1-ft OD (ft) Total Dredge Area (SF) Estimated Quantity (CY) Category of Prop. Activity (Maintenance vs. New) Prince Cove Entrance Channel PC-D1 ±4,085 ±65± 75 - 6.0 -7.0 ±264,878 ±9,014 Maintenance Prince Cove Marina Basin & Channel PC-D2 ±300 channel; Basin (V) ±65 V - 6.0 -7.0 ±146,679 ±3,249 Maintenance Dead Neck ---- ±2,400 ±200 -300 ---- ---- ±741,919 ±75,647 Maintenance Dead Neck Extension ---- ±1,000 ±200 ---- ---- ±218,157 ±24,499 Maintenance/New Ropes Beach ---- ±160 V ---- ---- ±11,460 ±358 New Cross St. (Riley’s) Beach ---- ±85 V ---- ---- ±5,378 ±382 New Loop Beach ---- ±160 ±140 ±22,642 ±1,264 New V=varies; Depth (D) is based on MLLW datum. Foth • 36 6. Alternatives Analysis 6.1 Dredging “No Dredge Alternative” Under the “No Dredge” alternative, no dredging would occur within the channel and basin areas proposed to be authorized under the 10-year CP, thus promoting the continued deterioration of public access and safe navigation within the waterways located on the north and south sides of Barnstable. Shoaling would continue to increase the potential for vessel groundings, spills and/or release(s) of other hazardous materials into the Bay. Bottom sediment would continue to be disrupted by vessels transiting over shoaled areas resulting in resuspension of sediment to the water column. Accordingly, the “No Dredge” alternative is not considered a viable option for the Town. Maintenance Dredging The primary goal and objective of the dredging to be performed under a 10-yr CP is to allow for the periodic maintenance of channel and basin areas in support of safe public access and use of established navigable waterways throughout the Town of Barnstable. With the exception of the North Bay Channel (NB-D2), all proposed dredging to be conducted will be within previously established navigational depths and limits as documented by available historic/record information. The previously established navigational limits and depths are adequate and necessary to continue to support the sizes and drafts of vessels that transit these waterways. Improvement Dredging Improvement dredging is proposed for the North Bay Channel (NB-D2) which is located north of the Bridge Street Bridge in the Three Bays Region. The improvement dredging will consist of the deepening the existing 100-foot wide navigation channel from -6.0’ to -8.0’ MLLW within previously authorized horizontal limits. In addition, the existing southern-most channel limit will be extended approximately ±1,600 feet to a depth of -8.0’ MLLW down to the north side of the Bridge St. bridge. Extension of the existing channel to the bridge is essential to establishing a safe navigable corridor that provides uniform depth and connectivity between North and West Bays. The channel extension will support the use of the Town’s West Bay boat ramp along with several local marina and boat yard facilities as shown in Figure 12. Figure 12: Existing facilities located within proposed North Bay Channel Extension. Foth • 37 6.2 Dredge Sediment Disposal In accordance with section 9.07(1)(e) of the state 401 Water Quality Certification regulations 314 CMR 9.00, dredge sediments shall not be disposed of if a feasible alternative exists that involves beneficial reuse. Local, state and federal regulatory agencies strongly encourage the beneficial reuse of dredge sediments for the purpose of shoreline nourishment to restore/prevent storm damage and control flooding since it closely resembles natural processes and is the least disruptive to the littoral transpor t processes. Accordingly, an extensive Sampling and Analysis Plan (SAP) was developed through the assistance of the USACE and MADEP and implemented by the Town prior to seeking regulatory approvals for a 10-year CP. This approach was taken to ensure that all of the dredge sites included in the Town’s 10-year CP will yield clean, sandy sediment that is suitable for beneficial reuse as nourishment along local shoreline beach areas. A sediment Suitability Determination (SD) was initially issued by the USACE under NAE -2015-01632 on 09/14/2020 and then subsequently amended on 08/01/2022 as a result of additional sampling and analyses that were performed (see Exhibit G). The SDs confirm the sediments dredged from the (19) proposed channel/basin areas included within the 10-year CP are suitable for unlimited reuse/placement over a 10-year period or as a one-time reuse/placement activity. All channel/basin areas determined to have sediments that were not deemed suitable for nourishment purposes are not included in the 10-year CP. Foth • 38 7. Dredging & Disposal Operations 7.1 General Overview All dredging under the 10-year CP will be performed using hydraulic methods, noting that the Barnstable Harbor Outer Entrance Channel (BH-D4) may also utilize mechanical methods should the Sandy Neck Public Beach be selected as the nourishment site. Shoreline area(s) that will receive dredge sediments under the 10-year CP will be determined at the time of each event and based upon observed beach conditions by the Town. Placement of sediments will be to the limits and grades shown on the Permit Plans provide d in Exhibit E. For beach areas that are mapped to support protected nesting shorebird habitat, nourishment slopes have been designed to not exceed 10H:1V. Dredge and disposal operation methodologies are provided in greater detail in Sections 7.2 and 7.3 below. 7.2 Hydraulic Methods Hydraulic dredging utilizes a suction-cutterhead to loosen the bottom sediments and entrain them as a sediment-water mix (e.g. “slurry”) so that they can be pumped directly to a receiving site for placement as nourishment. All hydraulic dredging performed under the 10-year CP is anticipated to be performed by the Barnstable County Dredge Program which currently operates two dredges, the Codfish II and Sandshifter. Dredging operations are typically supported by a push boat and small skiffs. Prior to the start of dredging, temporary pipeline will be installed from the dredge to the receiving beach where sediments will be discharged. For dredge sites that are located more than ±5,000 LF from the selected beach site(s), a booster pump will be required. Hydraulic dredging utilizing a booster can pump sediments up to an approximate total distance of approximately ±11,000 LF. BCD operations typically consists of using a direct pump of the dredge “slurry” to the proposed nourishment location where the sandy sediment naturally dewaters so it can be graded into the required beach profile using conventional land-based equipment, including but not limited to, a skid steer, bulldozer and/or front- end loader. If necessary, temporary low-grade berms may be constructed along/around the discharge area using existing beach material or dredge sediments to help contain run-off. Additionally, temporary dewatering pits may be constructed above the AHTL and used to initially receive dredge sediments should the BCD not be able to directly pump sediments to their intended receiving locations. This is anticipated to be the case with dredge sediments pumped to Dead Neck from the various channel/basin locations throughout the Three Bays Region. Following the completion of nourishment activities, all beach areas temporarily disturbed by the BCD will be restored to preconstruction conditions. 7.3 Mechanical Methods Mechanical methods are proposed to be used for the maintenance dredging of the Barnstable Harbor Outer Entrance Channel (BH-D4) and only if the Town selects the Sandy Neck Public Beach Facility as the targeted nourishment site. The Sandy Neck Public Beach is located on the north side of the barrier beach system, and therefore, it is not possible to directly pump sediments from Barnstable Harbor which is located on the south side. Additionally, there is inadequate land area within the close enough proximity of the harbor to be able to dewater hydraulically dredged sediments prior to trucking off-site to Sandy Neck. As such, for this one project case, dredging will be performed using a barge-mounted crane or excavator that is positioned side-to a deck barge/scow that will be used to dewater sediments. Once loaded, the deck barge/scow will be transported via tug to the selected (private) contractor’s marine facility where dewatered sediment will be off-loaded and then trucked to and placed at the Sandy Neck Public Beach. Dewatered sediment will be graded to the authorized nourishment profile using conventional land-based equipment, including but not limited to, a skid steer, bulldozer and/or front-end loader. Foth • 39 8. Regulatory Approvals 8.1 Pre-Application Meetings On January 19, 2019, the first of two pre-application meetings were conducted for this project was held at the MADEP Southeast Regional Office (SERO) to present an overview of the Town’s CDP and discuss next steps for utilizing this document to advance the 10 -year CP. The meeting was organized by the MA Office of Coastal Zone Management (MACZM) and was well attended with representatives from MACZM, the Town, MADEP Wetlands and Waterways Programs, MA Natural Heritage & Endangered Species Program (MANHESP), MA Environmental Policy Act (MEPA) Office and the USACE. At the conclusion of this meeting, it was agreed upon by all of the agencies in attendance that the Town should obtain/implement a USACE/MADEP an agency approved Sampling and Analysis Plan (SAP) so that the dredge sites included in the 10-year CP would only consist of those locations that will generate sediments that have been confirmed suitable for beneficial reuse as nourishment. Following the issuance of the sediment suitability determinations (SDs) by the USACE in 2022, a second pre-application meeting was conducted on January 24, 2023 to update regulatory agency representatives on the status of the sediment sampling and analysis, the findings of the SDs, and the proposed path forward for obtaining the required regulatory approvals. This meeting was organized by MACZM and attended by the Town, MEPA, MADEP, MACZM, MANHESP, USACE, MA Division of Marine Fisheries (MADMF) and National Oceanic and Atmospheric Administration (NOAA). Copies of the presentations and attendees list for both pre-application meetings are provided in Exhibit L. 8.2 General Overview Based upon review of the collective site history and previously authorized work presented in Tables 5 through 11 in Section 3 above, (18) of the total (19) dredge sites to be authorized under the 10-year CP are considered to be maintenance since all dredging will be performed within the previously established/authorized vertical and horizontal limits . Improvement dredging is proposed at the North Bay (Bay St.) navigation channel (NB-D2) north of the Bridge Street bridge. The improvement dredging will consist of the deepening the existing 100-foot wide navigation channel from -6.0’ to -8.0’ MLLW within previously authorized horizontal limits. In addition, the existing southern-most channel limit will be extended approximately ±1,600 feet to a depth of -8.0’ MLLW down to the north side of the Bridge St. bridge. Extension of the existing channel to the bridge is essential to establishing a safe navigable corridor that provides uniform depth and connectivity between North and West Bays. Sediments from all dredge sites to be included in the 10-year CP have been authorized by the USACE/USEPA and MADEP for unlimited and one-time beneficial reuse. Sediment suitability and placement locations relative to dredge site locations are summarized in Table 3. Shoreline locations that will receive dredge sediments are comprised of (3) areas that have previously authorized/nourished (Millway Beach/Blish Point, Long Beach and Craigville Beach), (2) areas that have been previously authorized and will be expanded (Sandy Neck Public Beach and Dead Neck) and (4) new areas (Coville’s Beach, Cross St (Riley’s) Beach, Ropes Beach and Loop Beach). 8.3 Regulatory Review Requirements Activities authorized by the 10-year CP will allow for dredging within ±98 acres of established navigable waterways and beneficial reuse of dredge sediments to restore, preserve and enhance ±39 acres of eroded shoreline areas over a 10-year period throughout the Town of Barnstable. In accordance with current MEPA regulations and prior to commencing local and state permitting efforts, the proposed project requires the filing of an Environmental Notification Form (ENF) and is subject to a manadatory Environmental Impact Report (EIR) since the project will collectively exceed the thresholds noted in Table 16. Table 16: Summary of MEPA Review Thresholds Exceeded and Review Action Required. Foth • 40 MEPA Review Threshold Threshold Exceeded Review Action Required 11.03(2)(b)2 Greater than two acres of disturbance of designated priority habitat, as defined in 321 CMR 10.02, that results in a take of a state-listed endangered or threatened species or species of special concern ENF and Other MEPA Review if the Secretary So Requires. 11.03(3)(a)1.b Alteration of 10 or more acres of any other wetland; ENF and Mandatory EIR 11.03(3)(b)3 Dredging of 10,000 or more cubic yards of material ENF and Other MEPA Review if the Secretary So Requires. 11.03(3)(b)4 Disposal of 10,000 or more cubic yards of dredged material, unless at a designated in-water disposal site. ENF and Other MEPA Review if the Secretary So Requires. As per 301 CMR 11.11 (1), the Secretary of Energy and Environmental Affairs (EEA) may grant an EIR waiver provided that it is sufficiently demonstrated that the requirement of an EIR will: (a) result in an undue hardship for the Town, unless based on delay in compliance by the Town; and (b) not serve to avoid or minimize Damage to the Environment. An EIR waiver request is being submitted for the proposed project and provided in Exhibit M. To supplement this request and in accordance with MEPA regulations, an Expanded Environmental Notification Form (EENF) is being submitted herein as required to provide more extensive and detailed information describing and analyzing the proposed project and its alternatives and to assesses its potential environmental impacts and environmental mitigation measures. Following the completion of the MEPA review process, the following permits/approvals are anticipated to be required for the proposed 10-year CP: ▪ Order of Conditions from Barnstable Conservation Commission ▪ NHESP MESA Determination (through Notice of Intent review process) ▪ MA DEP 401 Water Quality Certification ▪ MA DEP Chapter 91 Waterways Permit ▪ U.S. Army Corps of Engineers Individual Permit ▪ MA CZM Federal Consistency 8.4 Additional Regulatory Requirements & Coordination 8.4.1 MA Chapter 91 Waterways 310 CMR 9.00 For the Town to beneficially reuse dredge sediments for the purpose of nourishing eroded shoreline areas located on private properties, public access easements are required from the property owner(s) as part of the regulatory review process and in accordance with MADEP Chapter 91 Waterways Regulations, 310 CMR 9.40(4)(a)(1) which states that clean dredge sediments shall be disposed of in a manner that serves the purpose of beach nourishment and….”in the case of a publicly-funded dredge projects, such material shall be placed on publicly-owned eroding beaches; if no appropriate site can be located, private eroding beaches may be nourished if easements for public access below the existing high water make are secured from the owner of the beach to be nourished”. The 10-year CP presently proposes to include the beneficial reuse of dredge sediments along Long Beach and Dead Neck which include privately-owned shoreline areas. Public access easements have been granted to the Town for both locations and are described in detail below. Foth • 41 Long Beach (Centerville Harbor Region) A total of (15) privately-owned shoreline areas along Long Beach were previously authorized and nourished as part of the Centerville River dredging project that was conducted by the Town in 2003 and 2006. The Town took lands by eminent domain so that nourishment could be performed in accordance with the provisions of 310 CMR 9.40(4)(a)(1). A copy of the Order of Taking by Eminent Domain is provided in Exhibit C and stipulates that the public access is granted along and across the (15) private shoreline parcels between mean high water and across the entire area nourished for as long as the footprint area exists. A total of (3) of the (15) private parcels (185037, 185038 and 185039) located immediately south o f the Town parcel were again nourished as part of the East Bay Channel Dredging Project that was performed by the Town in 2013 under the aforementioned taking. All (15) private parcels are proposed to be receiving sites for dredge sediments removed from the Centerville Harbor Region under the 10 -year CP as shown on the Permit Plans provided in Exhibit E. The original Order of Taking is intended to serve as the public access easement under the 10-year CP. Dead Neck (Three Bays Region) Dredge sediments removed from the Three Bays Region are proposed to be placed along ±3,300 LF of the eastern-most end of Dead Neck Island to the limits shown on the Permit Plans provided in Exhibit E under the 10-year CP. Dead Neck Island, which is identified as Assessor’s Map Parcel 05002 and located at 0 Sampson’s Island, is owned by the Three Bays Preservation, Inc. (TBPI). An easement was granted by TBPI to the Town to allow public access between MHW and the nourished areas of the property in perpetuity. A copy of the agreement as recorded at the Barnstable County Registry of Deeds on 02/20/2024 (Book 36228; Pages 126-133; #6362) is provided in Exhibit C. 8.4.2 Coastal Waterbird Management at Dead Neck & Sampson’s Island A 5-year management agreement for the protection of endangered waterbird species along Dead Neck and Sampson’s Island has been executed between the Town, TBPI and MA Audubon Society (MAS). TBPI and MAS are the property owners of Dead Neck (Assessor’s Map Parcel 050002) and Sampson’s Island (Assessor’s Map Parcel 050001), respectively. Based upon pre-application meeting discussions with MA NHESP regarding the 10-year CP, this agreement is required to establish/define responsibilities as it pertains to regulatory obligations by the three parties as follows: ▪ Post-construction monitoring for nourishment activities that were completed as part of the Dead Neck-Sampson’s Island (DNSI) project and authorized under MA Division of Fisheries & Wildlife (DWF) Conservation and Management # 017-295 that was issued on 02/01/2017; ▪ Post-construction monitoring of nourishment activities completed by the Town along Dead Neck as part of the Cotuit Bay Entrance and Inner Embayment Maintenance Dredging project as authorized under NHESP Determination 23-1183 issued on 06/17/2023 and Order of Conditions MA DEP File No. SE003-6100 issued on 07/11/2023; and ▪ Future post-construction monitoring of nourishment activities performed along Dead Neck under the 10-year CP. The executed agreement is currently valid from March 15, 2024 through March 15, 2026 and a copy is provided in Exhibit C. 9. Performance Standards To Avoid, Minimize And Mitigation Impacts To Coastal Resource Areas & Habitat ▪ Describe how the coastal wetland resource areas/habitas identified within the vicinity of the project area as defined under the Massachusetts Wetland Protection Act (MA WPA) and per M.G.L. c. 131 sec 40 and Regulations 310 CMR 10.00 and list all resource areas (by section in WPA). Foth • 42 ▪ Refer to and show/label all coastal resource areas/habitats on the Permit Plans provide in Appendix. • Describe all coastal wetland resource/habitat areas to be permanently or temporarily impacted by proposed dredging and disposal activities; • For each resource area impacted by dredging and disposal, provide a quantitative assessment of the magnitude (AREA and CY) of anticipated dredging and disposal impacts on each coastal wetland resource/habitat area. • For each resource area impacted, discussion how proposed dredging and disposal meets the performance standards for each coastal wetland resource/habitat area impacted under the MAWPA. 9.1 Resource Areas The proposed project is a water-dependent project that has been designed, and will be performed, using the best available measures to minimize adverse impacts to coastal resource areas. The following coastal wetland resource areas have been identified within the vicinity of t he project area as defined under the Massachusetts Wetland Protection Act (MA WPA) and per M.G.L. c. 131 sec 40 and Regulations 310 CMR 10.00: Land Under Ocean (LUO), Land Containing Shellfish (LCS), Barrier Beach, Coastal Beach, Coasta l Dune, and Estimated Habitats of Rare Wildlife. Coastal resource areas are delineated on the plans provided in Exhibit E. Resource areas including LUO, Barrier Beach, Coastal Beach, and Coastal Dune were located during hydrographic and topographic surveys of dredge and shoreline nourishment sites conducted by Foth Infrastructure & Environment, LLC (Foth) between 2016 and 2018 . LCS and Estimated Habitats of Rare Wildlife resource areas were located using the MassGIS MassMapper tool. Pursuant to 310 CMR 10.00, the above listed coastal resource areas are to be regulated in order to contribute to the following public interests: • Flood Control; • Storm damage prevention; and/or • Protection of marine fisheries and wildlife habitat. The proposed project will restore and enhance safe public use and navigable access within Barnstable Harbor, Centerville Harbor, The Three Bays Region, and Prince Cove as required to continue to support commercial fishing and recreational uses. All work will be performed when marine activity is least active within the established TOY restrictions for all species of concern. The paragraphs presented below provide the following information: • Identification and definition of each coastal wetland resource areas to be permanently or temporarily impacted by proposed activities; • An assessment of the magnitude of anticipated impacts from proposed activities on each coastal wetland resource area; and • Discussion on how proposed activities meets the performance standards for each coastal wetland resource area impacted. 9.1.1 Land Under Ocean Land Under the Ocean (LUO) is defined as “land extending from the mean low water line seaward to the boundary of the municipality’s jurisdiction and includes land under estuaries”. LUO, particularly the nearshore area, is presumed significant to the protection of marine fisheries, protection of wildlife habitat, storm damage prevention and flood control (310 CMR 10.25). Foth • 43 9.1.1.1 Barnstable Harbor/Sandy Neck Region Within the Barnstable/Sandy Neck Region, approximately 67,500 SF of LUO will be impacted within the Barnstable Harbor Outer Entrance Channel as a result of the proposed dredging. 9.1.1.2 Centerville Harbor Region Within the Centerville Harbor Region, impacts to LUO are anticipated to total approximately 138,600 SF in the East Bay Entrance Channel, 207,000 in the Centerville River Channel-Lower Reach, 11,400 SF in the Bumps River, 96,300 SF in the Centerville River Channel-Upper Reach, and 46,500 SF within Spur Channel as a result of the proposed dredging. 9.1.1.3 Three Bays Region Within the Three Bays Region, impacts to LUO are anticipated to total approximately 305,200 SF in the Cotuit Bay Entrance Channel, 126,300 SF in the Cotuit Bay Embayment Channel (CB-D2), 516,900 SF in the Cotuit Bay Embayment Channel (CB-D3), 71,200 SF in the Cotuit Bay Embayment Channel (CB-D4), 104,500 SF in the Cotuit Bay Embayment Channel (CB-D5), 324,400 SF in the Seapuit River Channel, 587,300 SF in the West Bay Inner Entrance Channel, 60,000 SF in the West Bay Spur, 378,100 SF in North Bay Narrows, 235,600 SF in the North Bay-Bay Street Channel Upper Reach, 192,600 SF in the North Bay-Bay Street Channel Lower Reach, 320,000 SF in the Dead Neck Beach area, 33,300 SF in the Dead Neck Beach Extension area, and 1120 SF in the Cross street/Riley’s Beach area due to the proposed dredging and beach nourishment. 9.1.1.4 Prince Cove Region Within the Prince Cove Region, impacts to LUO are anticipated to total approximately 264,900 SF in the Prince Cove Entrance Channel and approximately 146,700 SF in the Prince Cove Marina Basin and Channel due to the proposed dredging. Please see below for responses to performance standards for the impacts stated above. WHEN LAND UNDER THE OCEAN OR NEARSHORE AREAS OF LAND UNDER THE OCEAN ARE FOUND TO BE SIGNIFICANT TO THE PROTECTION OF MARINE FISHERIES, PROTECTION OF WILDLIFE HABITAT, STORM DAMAGE PREVENTION OR FLOOD CONTROL, 310 CMR 10.25(3) THROUGH (7) SHALL APPLY: (3) Improvement dredging for navigational purposes affecting land under the ocean shall be designed and carried out using the best available measures so as to minimize adverse effects on such interests caused by changes in: (a) bottom topography which will result in increased flooding or erosion caused by an increase in the height or velocity of waves impacting the shore; The proposed improvement dredging for North Bay (Bay Street) Channel (NB-D2) will not significantly alter bottom topography to an extent that wave height or velocity will cause adverse effects to flooding or erosion. The improvement dredging will consist of the deepening the existing 100-foot wide navigation channel from -6.0’ to -8.0’ MLLW within previously authorized horizontal limits. In addition, the existing southern-most channel limit will be extended approximately ±1,600 feet to a depth of -8.0’ MLLW down to the north side of the Bridge St. bridge. Extension of the existing channel to the bridge is essential to establishing a safe navigable corridor that provides uniform depth and connectivity between North and West Bays. (b) sediment transport processes which will increase flood or erosion hazards by affecting the natural replenishment of beaches; Foth • 44 The sediments that will be removed by the proposed dredging have accumulated over time primarily from land-based runoff, storm events and currents. As such, the natural sediment transport processes will not be adversely affected by the proposed improvement dredging. The proposed dredging will not increase flooding, erosion or impact the natural replenishment of shoreline areas. (c) water circulation which will result in an adverse change in flushing rate, temperature, or turbidity levels; or The proposed improvement dredging will not significantly impact water circulation or result in an adverse change in flushing rate, temperature, or turbidity levels. Water circulation is created by the tidal exchange and currents. Turbidity and the re-suspension of solids are anticipated to occur during dredging operations and will be temporary. (d) marine productivity which will result from the suspension or transport of pollutants, the smothering of bottom organisms, the accumulation of pollutants by organisms, or the destruction of marine fisheries habitat or wildlife habitat. Marine productivity will not be adversely impacted by the proposed improvement dredging during construction since operations will be conducted during the time of year when biological activity is least active and in accordance with the TOY restrictions established by MADMF. (4) Maintenance dredging for navigational purposes affecting land under the ocean shall be designed and carried out using the best available measures so as to minimize adverse effects on such interests caused by changes in marine productivity which will result from the suspension or transport of pollutants, increases in turbidity, the smothering of bottom organisms, the accumulation of pollutants by organisms, or the destruction of marine fisheries habitat or wildlife habitat. Maintenance dredging will be conducted to restore the navigable conditions within the previously authorized limits. Marine productivity will not be adversely impacted by the proposed maintenance dredging since operations will be conducted during the time of year when biological activity is least active and in accordance with the TOY restrictions established by MA DMF. Short-term/minimal increases in turbidity and suspended solids are expected to occur during the time of active dredging due to the physical m ake up of sediments which is anticipated to consist of medium to fine-grained material. Increases in turbidity and suspended solids will be temporary. Accordingly, turbidity levels/impacts are expected to be limited and minimal. Dredging will also help reduce turbidity over the long- term by minimizing the potential for vessel groundings and propeller wash (or scouring). (5) Projects not included in 310 CMR 10.25(3) or (4) which affect nearshore areas of land under the ocean shall not cause adverse effects by altering the bottom topography so as to increase storm damage or erosion of coastal beaches, coastal banks, coastal dunes, or salt marshes. Impacts to LUO not included in 310 CRM 10.25(3) or (4) include the beneficial reuse of dredge sediment as nourishment along the shoreline areas identified in the 10-year CP. The nourishment will not increase storm damage or erosion of coastal beaches, coastal banks, coastal dunes, or salt marshes but will rather improve their resiliency. (6) Projects not included in 310 CMR 10.25(3) which affect land under the ocean shall if water - dependent be designed and constructed, using best available measures, so as to minimize adverse effects, and if non-water-dependent, have no adverse effects, on marine fisheries habitat or wildlife habitat caused by: Foth • 45 (a) alterations in water circulation; (b) destruction of eelgrass (Zostera marina) or widgeon grass (Rupia maritina) beds; (c) alterations in the distribution of sediment grain size; (d) changes in water quality, including, but not limited to, other than natural fluctuations in the level of dissolved oxygen, temperature or turbidity, or the addition of pollutants; or (e) alterations of shallow submerged lands with high densities of polychaetes, mollusks or macrophytic algae. The placement of proposed beach nourishment will utilize best management practices to minimize impacts to eelgrass or widgeon grass beds, distribution of sediment grain size, water quality, or shallow submerged lands with polychaetes mollusks or macrophytic algae. Dredge sediments have been collected and analyzed in accordance with state and federal regulations and are approved for beneficial reuse as nourishment. The beneficial reuse of dredge sediments for nourishment will restore/enhance up ±39 acres of shoreline areas which are available for public use and enjoyment along the water’s edge. (7) Notwithstanding the provisions of 310 CMR 10.25(3) through (6), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. The proposed maintenance dredging, improvement dredging, and nourishment is not anticipated to adversely affect specified habitat sites of rare vertebrate or invertebrate species. Operations will be conducted during the time of year when biological activity is least active and in accordance with the TOY restrictions established by MA DMF. 9.1.2 Land Containing Shellfish Land Containing Shellfish (LCS) is defined as “land under the ocean…when any such land contains shellfish” (310 CRM 10.34). Land Containing Shellfish shall be found significant when it has been identified and mapped as follows: by the Conservation Commission or the Department in consultation with DMF and based upon maps and designations of DMF; or by the Conservation Commission or the Department based on maps and written documentation of the shellfish constable or the Department. In making such identification and maps, the following factors shall be taken into account and documented: the density of shellfish, the size of the area and the historical and current importance of the area to recreational or commercial shellfishing. 9.1.2.1 Barnstable Harbor/Sandy Neck Region In the Barnstable Harbor/Sandy Neck Region, impacts to LCS include approximately 190 SF within the Barnstable Harbor Outer Entrance Channel. 9.1.2.2 Centerville Harbor Region Within the Centerville Harbor Region, impacts to LCS include approximately 34,900 SF in the East Bay Entrance Channel, 207,000 in the Centerville River Channel – Lower Reach, 11,400 in the Bumps River, 91,800 SF in the Centerville River Channel – Upper Reach, 38,200 SF in the Spur Channel, 55,000 SF on the Town-owned portion of Long Beach, 137,000 SF on the private portion of Long Beach, and 234,900 SF on Craigville Beach. Foth • 46 9.1.2.3 Three Bays Region Within the Three Bays Region, impacts to LCS total approximately 66,400 SF in the Cotuit Bay Embayment Channel (CB-D2), 516,900 SF in the Cotuit Bay Embayment Channel (CB-D3). 71,200 SF in the Cotuit Bay Embayment Channel (CB-D4), 104,500 SF in the Cotuit Bay Embayment Channel (CB-D5), 324,400 SF in the Seapuit River Channel, 93,000 SF in the West Bay Outer Entrance Channel, 224,100 SF in the West Bay Inner Entrance Channel, 59,200 SF in the West Bay Spur, 378,100 SF in the North Bay Narrows, 128,100 SF wit hin the North Bay-Bay Street Channel Upper Reach, 104,700 SF within the North Bay-Bay Street Channel Lower Reach, 669,400 SF on Dead Neck Beach, 218,200 SF on Dead Neck Beach Extension, and 2,000 SF on Loop Beach due to the proposed dredging and beach nourishment. 9.1.2.4 Prince Cove Region Within the Prince Cove Region, Impacts to LCS total approximately 261,300 SF in the Prince Cove Entrance Channel and 146,700 SF in the Prince Cove Marina Basin and Channel. Please see below for responses to performance standards for the impacts stated above. WHEN A RESOURCE AREA, INCLUDING LAND UNDER THE OCEAN, TIDAL FLATS, ROCKY INTERTIDAL SHORES, SALT MARSHES, OR LAND UNDER SALT PONDS IS DETERMINED TO BE SIGNIFICANT TO THE PROTECTION OF LAND CONTAINING SHELLFISH AND THEREFORE TO THE PROTECTION OF MARINE FISHERIES, 310 CMR 10.34(4) THROUGH (8) SHALL APPLY: (4) Except as provided in 310 CMR 10.34(5), any project on land containing shellfish shall not adversely affect such land or marine fisheries by a change in the productivity of such land caused by: (a) alterations of water circulation; (b) alterations in relief elevation; (c) the compacting of sediment by vehicular traffic; (d) alterations in the distribution of sediment grain size; (e) alterations in natural drainage from adjacent land; or (f) changes in water quality, including, but not limited to, other than natural fluctuations in the levels of salinity, dissolved oxygen, nutrients, temperature or turbidity, or the addition of pollutants. Project proponents will coordinate all dredge routing decisions with the Town Shellfish Constable to avoid loss of significant shellfish habitat. Where avoidance is determined to be impractical, mitigation to minimize adverse impacts (e.g., collection/relocation and/or supplemental seeding) will be developed and implemented in consultation with the Shellfish Constable. (5) Notwithstanding the provisions of 310 CMR 10.34(4), projects which temporarily have an adverse effect on shellfish productivity but which do not permanently destroy the habitat may be permitted if the land containing shellfish can and will be returned substantially to its former productivity in less than one year from the commencement of work, unless an extension of the Order of Conditions is granted, in which case such restoration shall be completed within one year of such extension. Project proponents will coordinate all dredge routing decisions with the Town Shellfish Constable to avoid loss of significant shellfish habitat. Where avoidance is determined to be impractical, mitigation to minimize adverse impacts (e.g., collection/relocation and/or supplemental seeding) will be developed and implemented in consultation with the Shellfish Constable. Foth • 47 (6) In the case of land containing shellfish defined as significant in 310 CMR 10.34(3)(b) (i.e., those areas identified on the basis of maps and designations of the Shellfish Constable), except in Areas of Critical Environmental Concern, the issuing authority may, after consultation with the Shellfish Constable, permit the shellfish to be moved from such area under the guidelines of, and to a suitable location approved by, the Division of Marine Fisheries, in order to permit a proposed project on such land. Any such project shall not be commenced until after the moving and replanting of the shellfish have been commenced. The relocation of shellfish is not proposed as a mitigation measure for this project. (7) Notwithstanding 310 CMR 10.34(4) through (6), projects approved by the Division of Marine Fisheries that are specifically intended to increase the productivity of land containing shellfish may be permitted. Aquaculture projects approved by the appropriate local and state authority may also be permitted. The proposed project is not specifically intended to increase the productivity of land containing shellfish. (8) Notwithstanding the provisions of 310 CMR 10.34(4) through (7), no project may be permitted which will have any adverse effect on specified habitat of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. The proposed maintenance dredging, improvement dredging, and nourishment is not anticipated to adversely affect specified habitat sites of rare vertebrate or invertebrate species. Operations will be conducted during the time of year when biological activity is least active and in accordance with the TOY restrictions established by MA DMF. 9.1.3 Barrier Beach Barrier Beach means a narrow low-lying strip of land generally consisting of coastal beaches and coastal dunes extending roughly parallel to the trend of the coast. It is separated from the mainland by a narrow body of fresh, brackish or saline water or a marsh system. A barrier beach may be joined to the mainland at one or both ends. 310 CMR 10.27(3) through (6) (coastal beaches) and 10.28(3) through (5) (coastal dunes) shall apply to the coastal beaches and to all coastal dunes which make up a barrier bea ch. Please see below for the response to 10.29(4) as well as sections 9.1.4, Coastal Beach, and 9.1.5, Coastal Dune, for responses to performance standards for both components of Barrier Beach. (4) Notwithstanding the provisions of 310 CMR 10.29(3), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. The proposed maintenance dredging, improvement dredging, and nourishment is not anticipated to adversely affect specified habitat sites of rare vertebrate or invertebrate species . Operations will be conducted during the time of year when biological activity is least active and in accordance with the TOY restrictions established by MA DMF. 9.1.4 Coastal Beach Coastal Beach is unconsolidated sediment subject to wave, tidal and coastal storm action that forms the gently sloping shore of a body of salt water and includes tidal flats (310 CMR 10.27). Coastal Beaches extend from the MLW line landward to the dune line, coastal bank line or the seaward edge of existing man- made structures, when these structures replace one of the above lines, whichever is closest to the ocean. Coastal Beaches may play an important role in storm damage prevention, flood control and the protection of marine fisheries similar to LUO. They may also be significant to the protection of Land Containing Shellfish when shellfish are present. Coastal Beaches may reduce wave energy, and natural beaches provide sediment to LUO, which serves as a buffer to storm waves. Foth • 48 9.1.4.1 Barnstable Harbor/Sandy Neck Region Within the Barnstable Harbor/Sandy Neck Region, impacts to Coastal Beach total approximately 43,500 SF in Millway Beach due to the proposed nourishment. 9.1.4.2 Centerville Harbor Region Within the Centerville Harbor Region, impacts to Coastal Beach total approximately 62,700 SF to the town- owned portion of Long Beach, 154,700 SF to the private portion of Long Beach, 300,200 SF to Craigville Beach, and 116,600 SF to Covell’s Beach due to the proposed nourishment. 9.1.4.3 Three Bays Region Within the Three Bays Region, impacts to Coastal Beach total approximately 202,900 SF to Dead Neck Beach, 62,300 SF to Dead Neck Beach Extension, 6,500 SF to Ropes Beach, 3,600 SF to Cross Street/Riley’s Beach, and 22,700 SF to Loop Beach due to the proposed nourishment. 9.1.4.4 Prince Cove Region There are no anticipated impacts to Coastal Beach within the Prince Cove Region. Please see below for responses to performance standards for the impacts stated above. WHEN A COASTAL BEACH IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION, FLOOD CONTROL, OR PROTECTION OF WILDLIFE HABITAT, 310 CMR 10.27(3) THROUGH (7) SHALL APPLY: (3) Any project on a coastal beach, except any project permitted under 310 CMR 10.30(3)(a), shall not have an adverse effect by increasing erosion, decreasing the volume or changing the form of any such coastal beach or an adjacent or downdrift coastal beach. Dredging will not result in a change in wave heights/velocities, and as such, it will not increase erosion. The Proposed nourishment will restore the eroded areas and provide protection against storm damage and flooding. Dredging will not result in a significant volume loss within Coastal Beach. Accordingly, the ability for Coastal Beach to provide storm damage, flood control or protection to wildlife will virtually remain unaffected. Nourishment will result in an increase in volume to the existing barrier beach and overall littoral system. Re-use of dredge sediments for nourishment will immediately restore coastal beach areas and provide a sediment source to downdrift beach areas over time. (4) Any groin, jetty, solid pier, or other such solid fill structure which will interfere with littoral drift, in addition to complying with 310 CMR 10.27(3), shall be constructed as follows: (a) It shall be the minimum length and height demonstrated to be necessary to maintain beach form and volume. In evaluating necessity, coastal engineering, physical oceanographic and/or coastal geologic information shall be considered. (b) Immediately after construction any groin shall be filled to entrapment capacity in height and length with sediment of grain size compatible with that of the adjacent beach. (c) Jetties trapping littoral drift material shall contain a sand by -pass system to transfer sediments to the downdrift side of the inlet or shall be periodically redredged to provide beach nourishment to ensure that downdrift or adjacent beaches are not starved of sediments. The proposed project does not involve the construction of a groin, jetty, solid pier, or other solid fill structure. Foth • 49 (5) Notwithstanding 310 CMR 10.27(3), beach nourishment with clean sediment of a grain size compatible with that on the existing beach may be permitted. Dredge sediments have been collected and analyzed in accordance with state and federal regulations and are approved for beneficial reuse as nourishment. The placement of proposed beach nourishment will utilize best management practices to minimize impacts distribution of sediment grain size. WHEN A TIDAL FLAT IS DETERMINED TO BE SIGNIFICANT TO MARINE FISHERIES OR THE PROTECTION OF WILDLIFE HABITAT, 310 CMR 10.27(6) SHALL APPLY: (6) In addition to complying with the requirements of 310 CMR 10.27(3) and (4), a project on a tidal flat shall if water-dependent be designed and constructed, using best available measures, so as to minimize adverse effects, and if non-water-dependent, have no adverse effects, on marine fisheries and wildlife habitat caused by: (a) alterations in water circulation; (b) alterations in the distribution of sediment grain size; and (c) changes in water quality, including, but not limited to, other than natural fluctuations in the levels of dissolved oxygen, temperature or turbidity, or the addition of pollutants. The proposed project is not anticipated to adversely affect any areas of tidal flat. (7) Notwithstanding the provisions of 310 CMR 10.27(3) through (6), no project may be permitted which will have any adverse effect on specified habitat sites or rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. The proposed maintenance dredging, improvement dredging, and nourishment is not anticipated to adversely affect specified habitat sites of rare vertebrate or invertebrate species. Operations will be conducted during the time of year when biological activity is least active and in accordance with the TOY restrictions established by MA DMF. 9.1.5 Coastal Dune A Coastal Dune is defined under the MA Wetlands Protection Act as “any natural hill, mound or ridge of sediment landward of a coastal beach deposited by wind action or storm overwash. Coastal Dune also means sediment deposited by artificial means and serving the purpose of storm damage prevention or flood control” (310 CMR 10.28). 9.1.5.1 Barnstable Harbor/Sandy Neck Region Within the Barnstable Harbor/Sandy Neck Region, there are approximately 10,400 SF of impacts to Coastal Dune in Millway Beach and 81,800 SF to Sandy Neck Public Beach due to the proposed nourishment. 9.1.5.2 Centerville Harbor Region There are no impacts to Coastal Dune anticipated within the Centerville Harbor Region. 9.1.5.3 Three Bays Region Within the Three Bays Region, impacts to Coastal Dune total approximately 191,100 SF to Dead Neck Beach and 162,200 SF to Dead Neck Beach Extension due to the proposed nourishment. Foth • 50 9.1.5.4 Prince Cove Region There are no impacts to Coastal Dune anticipated within the Prince Cove Region. Please see below for responses to performance standards for the impacts stated above. WHEN A COASTAL DUNE IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION, FLOOD CONTROL OR THE PROTECTION OF WILDLIFE HABITAT, 310 10.28(3) THROUGH (6) SHALL APPLY: (3) Any alteration of, or structure on, a coastal dune or within 100 feet of a coastal dune shall not have an adverse effect on the coastal dune by: (a) affecting the ability of waves to remove sand from the dune; (b) disturbing the vegetative cover so as to destabilize the dune; (c) causing any modification of the dune form that would increase the potential for storm or flood damage; (d) interfering with the landward or lateral movement of the dune; (e) causing removal of sand from the dune artificially; or (f) interfering with mapped or otherwise identified bird nesting habitat. The proposed nourishment will enhance the ability of the coastal dune to erode in response to coastal conditions. The proposed work will not destabilize the dune by disturbing vegetative cover or cause modifications that will increase potential for storm or flood damage. The dune volume will be restored/enhanced and the placement of dredge sediment for nourishment will not restrict the ability of the dune form to move landward or laterally by wind and/or natural water flow. The proposed nourishment template has been designed taking into consideration recommendations provided by MA NHESP so that existing shorebird habitat is preserved. (4) Notwithstanding the provisions of 310 CMR 10.28(3), when a building already exists upon a coastal dune, a project accessory to the existing building may be permitted, provided that such work, using the best commercially available measures, minimizes the adverse effect on the coastal dune caused by the impacts listed in 310 CMR 10.28(3)(b) through (e). Such an accessory project may include, but is not limited to, a small shed or a small parking area for residences. It shall not include coastal engineering structures. No accessories to existing buildings on coastal dunes are proposed as part of this project. (5): The following projects may be permitted, provided that they adhere to the provisions of 310 CMR 10.28(3): (a) pedestrian walkways, designed to minimize the disturbance to the vegetative cover and traditional bird nesting habitat; (b) fencing and other devices designed to increase dune development; and (c) plantings compatible with the natural vegetative cover. No pedestrian walkways, fencing or dune development devices, or plantings are proposed as part of the project. (6) Notwithstanding the provisions of 310 CMR 10.28(3) through (5), no project may be permitted which will have any adverse effect on specified habitat sites of Rare Species, as identified by procedures established under 310 CMR 10.37. Foth • 51 The proposed maintenance dredging, improvement dredging, and nourishment is not anticipated to adversely affect specified habitat sites of rare vertebrate or invertebrate species. Operations will be conducted during the time of year when biological activity is least active and in accordance with the TOY restrictions established by MA DMF. 9.1.6 Estimated Habitats of Rare Wildlife The proposed dredge and nourishment areas are located within Estimated Habitat of Rare Wildlife and Priority Habitat for Rare Species, as designated by the latest map revisions issued by the Massachusetts Natural Heritage and Endangered Species Program (NHESP) in August 2015. Habitat maps are provided in Exhibit H and shown on project plans in Exhibit E. 9.1.6.1 Barnstable Harbor/Sandy Neck Region There are no anticipated impacts to Estimated or Priority Habitats within the Barnstable Harbor/Sandy Neck Region. 9.1.6.2 Centerville Harbor Region Within the Centerville Harbor Region, impacts to Estimated and Priority Habitats total approximately 138,600 SF in the East Bay Entrance Channel, 164,200 SF in the Centerville River Channel – Lower Reach, 1,500 SF in the Bumps River, 30,500 SF in the Centerville River Channel – Upper Reach, 62,700 SF in the town-owned portion of Long Beach, 154,700 SF in the private portion of Long Beach, 295,600 SF in Craigville Beach, and 116,600 SF in Covell’s Beach. 9.1.6.3 Three Bays Region Within the Three Bays Region, impacts to Estimated and Priority Habitats total approximately 305,200 SF in the Cotuit Bay Entrance Channel (CB-D1), 126,200 SF in the Cotuit Bay Embayment Channel (CB-D2), 516,900 SF in the Cotuit Bay Embayment Channel (CB-D3), 71,200 SF within the Cotuit Bay Embayment Channel (CB-D4), 78,800 SF within the Cotuit Bay Embayment Channel (CB-D5), 199,000 SF in the Seapuit River Channel, 358,100 SF in the West Bay Outer Entrance Channel, 223,600 SF in the West Bay Inner Entrance Channel, 60,000 SF in the West Bay Spur, 363,900 SF in the North Bay Narrows, 153,800 SF in the North Bay-Bay Street Channel Upper Reach, 125,700 SF in the North Bay-Bay Street Channel Lower Reach, 675,200 SF in Dead Neck Beach, 218,200 SF in Dead Neck Beach Extension, and 22,000 SF to Loop Beach. 9.1.6.4 Prince Cove Region Within the Prince Cove Region, approximately 35,800 SF of impacts to Estimated and Priority Habitats are anticipated in the Prince Cove Entrance Channel. The proposed project will comply with guidelines outlined in 310 CMR 10.37, such as completing a Notice of Intent for review by the Department of Environmental Protection. 9.1.7 Area of Critical Environmental Concern Area of Critical Environmental Concern (ACEC) means an area which has been so designated by the Secretary in accordance with 301 CMR 12.00: Areas of Critical Environmental Concern. 9.1.7.1 Barnstable Harbor/Sandy Neck Region Within the Barnstable Harbor/Sandy Neck Region, there are approximately 53,800 SF of impacts to ACEC within Millway Beach and 81,800 SF of impacts to ACEC within Sandy Neck Public Beach due to the proposed beach nourishment. Foth • 52 9.1.7.2 Centerville Harbor Region There are no anticipated impacts to ACEC within the Centerville Harbor Region. 9.1.7.3 Three Bays Region There are no anticipated impacts to ACEC within the Three Bays Region. 9.1.7.4 Prince Cove Region There are no anticipated impacts to ACEC within the Prince Cove Region. The proposed beneficial reuse of dredge sediments for nourishment will restore/enhance shoreline areas which are available for public use and enjoyment along the water’s edge. The proposed maintenance and improvement dredging is not anticipated to impact any areas of ACEC. 9.1.8 Land Subject to Coastal Storm Flowage Land Subject to Coastal Storm Flowage (LSCSF) means land subject to any inundation caused by coastal storms up to and including that caused by the 100 -year storm, surge of record or storm of record, whichever is greater. 9.1.8.1 Barnstable Harbor/Sandy Neck Region Within the Barnstable Harbor/Sandy Neck Region, impacts to LSCSF total approximately 24,100 SF within Millway Beach and 81,800 SF within Sandy Neck Public Beach due to the proposed nourishment. 9.1.8.2 Centerville Harbor Region Within the Centerville Harbor Region, impacts to LSCSF total approximately 29,400 SF within the town- owned portion of long beach, 75,800 SF within the private portion of Long Beach, 300,200 SF within Craigville Beach, and 116,600 SF within Covell’s Beach due to the proposed nourishment. 9.1.8.3 Three Bays Region Within the Three Bays Region, impacts to LSCSF total approximately 145,800 SF within Dead Neck Beach, 134,600 SF within Dead Neck Beach Extension, 5,200 SF within Ropes Beach, 3,400 SF within Cross Street/Riley’s Beach, and 17,300 SF within Loop Beach due to the proposed nourishment. 9.1.8.4 Prince Cove Region There are no proposed impacts to LSCSF within the Prince Cove Region. There are currently no performance standards for LSCSF included in 310 CMR 10. 9.2 Avoidance & Minimization of Impacts The proposed project has been designed to achieve the avoidance and minimization of adverse impacts to existing coastal resource areas and habitats to the greatest extent possible recognizing that the need sustaining safe navigation throughout the waterways of Barnstable. . Although a “No Dredge” alternative would result in no environmental impacts, there is a potential for environmental impacts resulting from vessel ground-outs along existing shoaled areas within the waterways of the Barnstable Harbor, Centerville Harbor, Three Bays and Prince Cove Regions. Not only do vessel ground-outs present the potential for oil spills or release of other hazardous materials into the harbor, they result in an increase of turbidity within the water column from the resuspension of sediments. Furthermore, a “No Dredge” alternative presents a public safety concern and diminishes navigational access to the waterfront. Foth • 53 Listed below are proposed mitigation measures to be implemented under the 10-year CP: 1. Adherence to time-of-year (TOY) work restrictions established by regulatory agencies for both dredging and nourishment activities as required for the protection of fisheries , wildlife and shorebird habitats. 2. Since eelgrass beds are ephemeral, changes to eelgrass distribution that have occurred since previous dredging events will be identified prior to the commencement of dredging activities. Accordingly, for areas located within close-proximity to MADEP mapped eelgrass beds as determined from MAGIS (see Exhibit I), a pre-dredge eelgrass survey will be conducted prior to the start of work. This action will ensure that dredging will not occur within 75 feet from the top of the proposed dredge slope and that associated nourishment activities will not occur within 100 feet of eelgrass beds without review and approval by state and federal agencies. All pre-dredge eelgrass surveys will be conducted within the growing season prior to dredging to accurately delineate current eelgrass extent for the purposes of avoiding direct impacts and also maintaining a minimum 75-foot and 100-foot buffers for dredging and nourishment, respectively, to reduce the likelihood of indirect impacts (e.g., turbidity, slumping, burial). 3. Placement of dredge sediments along shoreline areas that have been identified/mapped to support state and federally protected shorebird habitat will not exceed 10H:1V. 4. Coordination of all dredge routing decisions with the Town Shellfish Constable to avoid loss of significant shellfish habitat. Where avoidance is determined to be impractical, mitigation to minimize adverse impacts (e.g., collection/relocation and/or supplemental seeding) will be developed and implemented in consultation with the Shellfish Constable. 5. If so required by permits, perform post-construction annual monitoring of protected shorebird habitat at-nourishment sites, including the implementation of specific management protocols in the event an area of beach is found to be used for territorial, courting, or nesting activities by state- listed shorebirds. 6. All construction activities will be managed in accordance with state and federal air quality performance standards. 7. While no historical or archeological resources are expected to be found within proposed work areas, the MA Historical Commission (MHC), MA Board of Underwater Archaeological Resources (MA BUAR) along with Tribal/State Historic Preservation Office(s) (THPO/SHPO) will be notified of the project as part the permit review process. 10. Summary The Town of Barnstable is seeking to obtain all local, state, and federal regulatory approvals required to perform dredging within a total of nineteen (19) existing navigation channels and basins under a town-wide 10-Year Comprehensive Permit. In 2022, the USACE, USEPA, and MADEP determined that sediments from the 19 dredge sites are suitable for beneficial reuse as beach and dune nourishment at nine (9) shoreline locations. Activities authorized by the Comprehensive Permit (CP) will allow for dredging with in ±98 acres of navigable waterways and beneficial reuse of dredged sediments to restore, preserve, and enhance ±39 acres of eroded shoreline areas over a 10-year period. The proposed comprehensive approach authorized under the CP will greatly simplify and streamline the required permitting process for the Town as well as the overall management public dredging and associated annual budgeting needs. The CP will provide the Town with the flexibility necessary to support dredging and nourishment activities on a prioritized basis thus ensuring continuity in addressing town-wide needs, economy and best public value. The 10-year permit Foth • 54 approach is being/has been successfully utilized by several municipalities located throughout Cape Cod and the Islands. In accordance with MEPA regulations, an Expanded Environmental Notification Form (EENF) is being submitted herein as required to provide extensive and detailed information describing and analyzing the proposed Comprehensive Permit and its alternatives and to assess its potential environmental impacts and mitigation measures. An EIR waiver request is also being submitted as an attachment in Exhibit M as an EIR may result in undue hardship for the Town of Barnstable, and may not serve to avoid or minimize damage to the environment. Foth Appendix C Agreements 1 COASTAL WATERBIRD MANAGEMENT AGREEMENT Among Massachusetts Audubon Society, Inc., the Barnstable Clean Water Coalition, Inc., and the Town of Barnstable COASTAL WATERBIRD MANAGEMENT AGREEMENT (the "Agreement") by and among Massachusetts Audubon Society, Inc., a Massachusetts non-profit corporation exempt from Federal taxes under Section 501(c)(3) of the Internal Revenue Code with an address of Mass Audubon, 208 South Great Road, Lincoln, MA 01773 ("Mass Audubon"), the Barnstable Clean Water Coalition, Inc., a/k/a Three Bays Preservation, Inc., a Massachusetts non-profit corporation with an address of 864 Main St, Osterville, MA 02655 ("BCWC"), and the Town of Barnstable, a municipal corporation with an address of 367 Main Street, Hyannis, MA 02601 (“Town”) (collectively the “Parties”), as it relates to approximately 83.75 acres of land in Barnstable, Massachusetts, being made up of five parcels of registered and unregistered land known as Dead Neck Island (collectively the “Premises”). WHEREAS, the Town desires to deposit, spread and grade surplus clean compatible sand from a Town dredging project onto a portion of the Premises for beach and dune nourishment at the Town’s cost and expense limited to the time period of October 1, 2024 to March 15, 2025, and WHEREAS, BCWC and Mass Audubon have a real property interest in the Premises, and WHEREAS, Mass Audubon and BCWC are joint permit holders to Massachusetts Division of Fish and Wildlife (“DFW”) permit 017-295 (attached) and subject to compliance with the terms of the same to manage and protect the habitat of Piping Plovers and state-listed species of terns on the Premises; and WHEREAS, the Town is subject to the conditions and requirements of a June 16, 2023, letter from DFW (attached) that were incorporated as enforceable conditions of the Order of Conditions (attached) issued to the Town by the Barnstable Conservation Commission, to manage and protect the habitat of Piping Plovers and state-listed species of terns on the Premises; WHEREAS, Mass Audubon, BCWC and the Town wish to better define the shared costs and responsibilities of compliance with the referenced requirements imposed by DFW, and WHEREAS, Mass Audubon, through its coastal waterbird protection program and activities, has expertise in coastal nesting bird monitoring and management; and WHEREAS, BCWC and the Town desire the services of Mass Audubon to assist in monitoring and management of coastal nesting birds on Dead Neck Island; and WHEREAS, Mass Audubon through its Coastal Waterbird Program desires to perform such services for BCWC and the Town; and NOW, THEREFORE, in consideration of the premises and the mutual promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 2 Services: • BCWC and the Town hereby engage Mass Audubon, through its Coastal Waterbird Program, to perform the services described in Exhibit A attached hereto (the "Services"). Mass Audubon hereby agrees to devote its best efforts to the performance of the Services. All Services shall be performed by Mass Audubon at times that are mutually agreeable to Mass Audubon and BCWC. Mass Audubon will complete the Services in accordance with the 2024 Disturbance/Beach Management Plan submitted under DFW Permit 017-195 and as approved by DFW. Updates to the Plan shall be subject to review and comment by the Parties prior to submission to DFW. The approved Plan shall be considered part of this Agreement. Any party may terminate this Agreement at any time by giving at least 30 days written notice to the other parties stating its election to terminate this Agreement effective at the end of the then-current year of the Agreement. The terminating party shall also provide written notice to DFW. In the event that Mass Audubon elects to terminate this Agreement, Mass Audubon agrees to perform the Services, and be entitled to be paid, for the then-current calendar year, which shall include any reporting requirements applicable to the calendar year. Further, in the event that Mass Audubon elects to terminate this Agreement, BCWC and Mass Audubon agree that the Town and its agents shall have access to the Premises as necessary to comply with the conditions and requirements of the June 16, 2023, letter from DFW that were incorporated as enforceable conditions of the Order of Conditions issued to the Town by the Barnstable Conservation Commission. Provided further that if this Agreement is terminated, BCWC, Mass Audubon and the Town agree to cooperate in determining how best to coordinate and cost-effectively implement their respective obligations under the requirements imposed by DFW. • If the Agreement is terminated as provided above, BCWC and Mass Audubon hereby authorize the Town, including its employees, consultants and contractors, to access the Premises at no charge until March 15, 2029, for the sole purpose of complying with the conditions and requirements set by DFW, with the agreement among BCWC, Mass Audubon and the Town that such access is authorized at the risk of the Town and/or its authorized consultants and contractors. • Unless terminated by one of the parties as provided above, this Agreement shall be in effect as of March 15, 2024 and shall run through March 15, 2029. Compensation: • For the performance of the Services, BCWC and the Town agree to pay to Mass Audubon the compensation set forth in Exhibit B attached hereto in accordance with the payment schedule and procedures set forth therein. Independent Contractor: 3 • Mass Audubon shall be an independent contractor, with the sole responsibility of directing the work of its employees and subcontractors to be performed under this Agreement on Dead Neck Island. • Mass Audubon agrees to carry all necessary insurance including, but not limited to, comprehensive general liability and worker's compensation, and shall provide certificates of same to BCWC and the Town upon request. Mass Audubon will provide the BCWC and the Town with a certificate upon request of workmen's compensation insurance for employees used to perform the work requirements of the Agreement. Mass Audubon shall also provide upon request a certificate of comprehensive general liability coverage with limits of at least one $1,000,000 dollars coverage per occurrence and $2,000,000 in the aggregate, wherein BCWC and the Town shall be named as additional insureds. Notice: Any and all notices under this Agreement shall be in writing and shall be duly given if made as follows to: Mass Audubon By first class mail and email addressed to: Mass Audubon Society Attention: Lyra Brennan, Coastal Waterbird Program Director P.O. Box 275 Cummaquid, MA 02637 lbrennan@massaudubon.org BCWC By first class mail and email addressed to: Barnstable Clean Water Coalition Attn: Mike Egan, Chairman of the Board P.O. Box 215 Osterville, MA 02655 MikeE@cmllc.com Town By first-class mail to: Town of Barnstable Attn: Town Attorney 367 Main Street Hyannis, MA 02601 With an email copy of the notice to: 7 EXHIBIT A Description of Services • Mass Audubon staff will monitor the presence of and minimize disturbance to coastal birds (including federally- and state-listed Piping Plovers and Least, Common and Roseate Terns). The tasks involved in this work include the following activities in accordance with state and federal guidelines (MA NHESP 1993 Guidelines for Managing Recreational Use of Beaches to Protect Piping Plovers, Terns and their Habitats in Massachusetts and USFWS 1994 Guidelines for Managing Recreational Activities in Piping Plover Breeding Habitat on the US Atlantic Coast to Avoid Take under Section 9 of the Endangered Species Act). o At the start of the field season install, monitor and manage symbolic fencing and signage to protect nests and scrapes, as needed, on Dead Neck Island based on the presence of potential or historical nesting habitat and/or the presence of birds. o Install specific regulatory signs to alert the public to the presence of nesting shorebirds and educate them about their natural history and the protection initiatives being implemented; engage in opportunities to interact and educate the public. o Dependent on habitat, nest site locations, and predator abundance, install electric fencing, predator exclosures, and/or low predator/high predator fencing to protect nests. o Maintain records of coastal bird breeding locations, reproductive success where possible and factors affecting nest loss (including predation or disturbance); provide records to Mass Natural Heritage Endangered Species Program and BCWC in interim reports by September 30, and final reports by January 31 of each year. o Coordinate the type and timing of any maintenance activity such as but not limited to fence repair or replacement or trash collection activities anywhere on Dead Neck Island to ensure adults, nests, and chicks are not disturbed, harassed, killed, or injured by these activities and to improve as much as possible the integrity of the nesting habitat. o Coordinate the closure of any beach area to landing and pedestrian access between April 1 and September 30 where landing or access is likely to “take” or harm, harass, or disturb nesting plovers or terns. Provide outreach on these closed areas to BCWC, the Town, and beachgoers. o Mass Audubon will hire staff or subcontractors to patrol the areas of the island where human and boat traffic creates disturbance to nesting shorebirds. This patrol staff will direct boaters to open areas of the island, provide education and 8 outreach, and collect data on rule infractions and interactions. Patrol staff will also report directly with law enforcement as needed. o Mass Audubon will provide weekly reports of nesting activity and any signs of predation or human disturbance to BCWC and the Town. o Mass Audubon is not obligated to perform any work beyond that described in this Agreement. If unforeseen circumstances result in the need to complete additional work, the Parties will execute an amendment to this Agreement and no work shall commence until that amendment is completed and signed by both parties. BCWC and the Town will not be obligated to pay for any work commenced without such an endorsed amendment. o For purposes of effective communication and management of staff, Mass Audubon, BCWC, and the Town will exchange the cell phone numbers and email addresses of all staff designated to represent the respective organizations in the carrying out of this agreement. o Mass Audubon will subcontract with USDA APHIS, or another vendor approved by NHESP to conduct selective predator management pursuant to the requirements of the CMP, noting that predator management involving coyote removal is not being conducted in connection with the management services being provided for the Town or at the expense of the Town. Costs to be paid to USDA to conduct selective predator (coyote) management for the 2024 season is not to exceed $12,500.00. o Mass Audubon and BCWC will work together to comply with the reporting requirements and deadlines of Special Conditions 9, 16, 17, 19 and 21 in regard to the Beach Management, Predator Management and Shorebird Monitoring Plans in DFW Permit 017-195. Mass Audubon will draft the initial report for BCWC’s timely review and approval. 9 EXHIBIT B Description of Compensation and Payment Schedule: • The base annual fee for the Tasks in Exhibit A (above) is not to exceed fifty thousand dollars ($50,000.00) for the 2024 season, unless mutually agreed upon by the Parties. A financial report will be provided, including documentation of Mass Audubon staff or subcontractor time and the hourly rate paid for each staff member or subcontractor providing services, and non-personnel costs. A detailed summary of the services provided will be submitted by Mass Audubon to BCWC and the Town. BCWC and the Town agree to pay for the services as invoiced provided the terms in Exhibit A have been met. • Mass Audubon will submit invoices to the Town and BCWC on a regular schedule. Payments shall be due to Mass Audubon within thirty (30) days of receipt of invoice. • The total payments to Mass Audubon are not to exceed $30,000 from the Town and $20,000 from BCWC for each calendar season. 10 EXHIBIT C • DFW permit 017-295 by reference • DFW letter dated June 16, 2023 by reference • Order of Conditions – DEP File # SE3-6100, issued July 11, 2023 June 16, 2023 Griffin Beaudoin Town of Barnstable 382 Falmouth Road Hyannis MA 02601 Barnstable Conservation Commission 200 Main Street Barnstable, MA 02601 RE: Applicant: Griffin Beaudoin, Town of Barnstable Project Location: Cotuit Bay and Dead Neck Project Description: Cotuit Bay Entrance and Embayment Channel Maintenance Dredging Project with nourishment on DNSI DEP Wetlands File No.: 003-6100 NHESP File No.: 23-1183 Dear Commissioners and Applicant: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) received a Notice of Intent in compliance with the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.37). The Division also received the MESA Review Checklist and supporting documentation for review pursuant to the MA Endangered Species Act Regulations (321 CMR 10.18). The Division has determined that this Project , as currently proposed , will occur within the actual habitat of the following species: Scientific Name Common Name Taxonomic Group State Status Special ConcernBirdLeast TernSternula antillarum ThreatenedBirdPiping PloverCharadrius melodus State-listed species and their habitats are protected in accordance with the MESA and rare wetland wildlife is protected pursuant to the rare species provisions of the WPA . The purpose of the Division’s review of the proposed project under the WPA regulations is to determine whether the project will have any adverse effects on the Resource Areas Habitats of state-listed species. The 23-1183NHESP No.Page 2 of 4 Issued June 16, 2023 purpose of the Division’s review under the MESA regulations is to determine whether a Take of state-listed species will result from the proposed project . Based on the information provided and the information contained in our database, it is the opinion of the Division that this project, as currently proposed, must be conditioned in order to avoid adverse effects to the Resource Area Habitats of state-listed wildlife species (310 CMR 10.37, 10.58(4)(b), 10.59) and must be conditioned in order to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). To avoid adverse effects to the Resource Area Habitats and to avoid a prohibited Take of state-listed species, the conditions attached to this letter must be met. Provided these conditions are included in any approving Orders of Conditions issued by the Conservation Commission, and the applicant complies with all the above noted conditions, the project will not result in an adverse impact to the resource area habitats of state -listed wildlife species pursuant to the WPA and will not result in a prohibited Take pursuant to the MESA . A copy of the final Order of Conditions shall be sent to the NHESP simultaneously with the applicant as stated in the Procedures section of the WPA (310 CMR 10.05(6)(e)). This determination is a final decision of the Division of Fisheries and Wildlife pursuant to 321 CMR 10.18. Any changes to the proposed project or any additional work beyond that shown on the site plans may require an additional filing with the Division pursuant to the MESA. This project may be subject to further review if no physical work is commenced within five years from the date of issuance of this determination, or if there is a change to the project. Please note that this determination addresses only the matter of state-listed species and their habitats. If you have any questions regarding this letter please contact Emily Holt, Endangered Species Review Assistant , at Emily.Holt@mass.gov, (508) 389-6385. Sincerely, Everose Schlüter, Ph.D. Assistant Director cc:Mike Egan, Three Bays Preservation, Inc. Griffin Beaudoin Barnstable Conservation Commission DEP Southeast Region Attachment: List of Conditions 23-1183NHESP No.Page 3 of 4 Issued June 16, 2023 List of Conditions Applicant: Griffin Beaudoin, Town of Barnstable Project Location: Cotuit Bay and Dead Neck Project Description: Cotuit Bay Entrance and Embayment Channel Maintenance Dredging Project with nourishment on DNSI NHESP File No.: 23-1183 Heritage Hub Form ID: RC-55084 Approved Plan: Cotuit Bay 8' Entrance Channel & 10' Embayment Channel Maintenance Dredging Project Plan date: 5/10/2023 (4 sheets, prepared by FOTH) Revised Date: N/A To avoid adverse effects to the Resource Area Habitats and to avoid a prohibited Take of state-listed species, the following condition(s) must be met: 1.Time of Year Restriction: Beach nourishment, dewatering, and associated activities (e.g., staging, grading and equipment access) shall not occur during the period April 1 – August 31, to protect breeding shorebird species. 2.Beach Nourishment: Beneficial reuse of dredged material shall be placed in accordance with the Project Narrative and Plans. a. Slope: As proposed, all nourishment shall have a maximum slope of 10H:1V. b. Plantings & Sand Fence. Vegetation shall not be planted, and sand fencing shall not be erected in areas of beach nourishment, unless otherwise approved in writing by the Division. 3.State-listed Species Protection: The applicant has the responsibility of protecting breeding Piping Plovers and state-listed species of terns that may be attracted to beach nourishment areas, as well as their eggs and unfledged chicks. The applicant must ensure a Division -approved monitoring and protection plan is implemented at this beach nourishment site for a period of five consecutive years following any nourishment activity. a. Prior to the start of work, the applicant shall provide written notification to the Division regarding the arrangements that have been made for state -listed species monitoring and protection at this site. This notification may include a written contract, memorandum of agreement, or some other formal written agreement or acknowledgement with the individual (s) or organization that will undertake monitoring and protection efforts in the field. This notification should also clarify the role of the Applicant, existing Permit Holder(s), or other parties, as appropriate. b. Each year, beginning April 1, a qualified shorebird monitor, approved by the Division, shall determine whether territorial, courting, or nesting Piping Plovers or state-listed species of terns are present at beach nourishment areas and if so, shall erect and maintain warning signs and symbolic fencing to protect nesting habitat, breeding adults, nests, and chicks from disturbance or human-caused mortality. These fenced areas shall be managed in accordance with the Massachusetts Division of Fisheries and Wildlife document of April 1993 titled Guidelines For Managing Recreational Use Of Beaches To Protect Piping Plovers, Terns, And Their Habitats In Massachusetts. c. At minimum, monitoring shall occur at least 2 times per week until at least July 1. However, if Piping Plovers or terns are found to be using the site , then monitoring frequency shall be increased to at least 3 times per week, and shall continue until all nesting and brood-rearing activity has been completed. A report shall be submitted to the Division each year that summarizes the results of the state-listed species monitoring and site protection activities. 23-1183NHESP No.Page 4 of 4 Issued June 16, 2023 4.Authorization Duration: This authorization is valid for 5 years from the date of issuance. Work may be completed at any time during this 5-year period in compliance with the conditions herein. Thereafter, the Applicant must re-file pursuant to the MESA. 5.Notice: Upon filing for renewal, extension, or amendment of the Orders of Conditions, the Applicant shall contact the Division for written response regarding impacts to Resource Area habitat of state-listed wildlife. N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y Foth Appendix D FEMA Maps