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HomeMy WebLinkAbout20250708 Barnstable Harbor and Blish Point NOI_Part-2 NOTICE OF INTENT Foth•12 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA Figure 4: Cape Cod Bay Disposal Site (CCBDS) Locus Upland Disposal The Town of Barnstable has performed multiple successful projects utilizing the Cape’s upland disposal sites. Local contractors have been hired to dredge and load scows which are then dewatered and towed to a waterfront facility where material is offloaded onto trucks and hauled upland for disposal. Several contractors have adequate waterfront facilities where the proper methods of material re-handling can be performed. Sealed scows or material barges will be used, and the material will be dewatered to the best extent practicable. A typical dewatering figure is shown below in Figure 5. Figure 5: Typical Scow/Barge Dewatering Section NOTICE OF INTENT Foth•13 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA Scows and material barges must be equipped with Dredging Quality Management (DQM) software and hardware for tracking and compliance. Once the loaded barges or scows are brought to the contractor’s selected facility, the dewatered material will be loaded directly into sealed tri-axle trucks, or stockpiled for future transportation using sealed tri-axle trucks. The proposed upland disposal sites include the Robert Childs Waste Reclamation Facility and the Kurker Site, both located in South Dennis. Both of these sites will likely be able to beneficially use the dredged sediments. The project is not limited to these two sites as the Town is continuously looking for beneficial use options for fine-grained sediments. The suitability for upland sediment reuse/placement will be determined through the MADEP 401 WQC review process. Sediment Sampling and Analysis has been conducted in accordance with the USACE SAP and MADEP 401 Water Quality Certification Regulations for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States within the Commonwealth (314 CMR 9.00). 3.2 Avalible Bathymetric and Topographic Information Foth Infrastructure & Environment, LLC (Foth) performed bathymetric surveys at the project site on July 9, 2024. The data collected from each event has been incorporated into the dredge plan provided in Exhibit E. All data presented is relative to MLLW datum. 4. Dredging & Disposal Operation The Town’s objective for the proposed project is to secure all regulatory approvals required for the dredging, dewatering as required, and offshore or upland disposal of the Barnstable Harbor Mid-Entrance Channel and Blish Point Boat Ramp Access Channel sediments so that construction can occur during the Fall-Winter 2025 dredge season. Dredging will be performed using mechanical methods for the Mid-Entrance Channel and the Boat Ramp Access Channel. The dredge plant will consist of a barge-mounted crane or excavator of adequate size for the proposed quantity removed, while still able to maneuver within the restricted channel widths. Dredging may be performed utilizing an environmental-type bucket with mud flaps, if required by permits. A temporary turbidity curtain may also be required by the permits to contain suspended sediments caused by active dredging. Dredged sediments will be loaded into a scow, or material barge, for dewatering and transport to the disposal site. If disposal occurs at the Cape Cod Bay Disposal Site, loaded scows will be dumped per the coordinates received by the US Army Corps of Engineers Disposal Area Monitoring System (DAMOS). The contractor will be required to provide scow certifications as required by DAMOS as well as maintain working software and hardware for the DQM system. If disposal occurs at an approved upland facility such as the Kurker Site or Robert Childs Waste Reclamation Facility, sediments will be dewatered in-scow and towed to the contractor’s selected waterfront facility. The material will then be offloaded – either directly into sealed trucks, or into a containment area before being placed into sealed trucks. Finally, the sediment will be hauled to the selected/approved upland reuse/placement location. NOTICE OF INTENT Foth•14 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA The proposed dredging will consist of a total removal of up to 1,837 CY from the Mid-Entrance Channel and 401 CY from the Boat Ramp Access Channel. An additional 105 CY of sediment on the existing boat ramp itself and within the side slope will be removed by the Town using land-based equipment. The Town may elect to self-perform the removal of material from the ramp and complete the trucking utilizing DPW resources. 5. Regulatory Approvals Based upon review of the collective site history and previously authorized work presented in Table 1 (See Section 3, Dredge Site History), the activities to be authorized for the proposed project are considered to be maintenance since all dredging will be performed within the previously established/authorized vertical and horizontal limits. A pre-application meeting was held on February 4th, 2025 to present and discuss the proposed project in advance of commencing the regulatory agency review process. The meeting was organized by Foth and was attended by representatives from the Town, Foth, and MA DEP. As a result of pre-application discussions, and in addition to the NOI being submitted herein, the following permits/approvals are anticipated to be required for the proposed Barnstable Harbor Mid-Entrance Channel and Blish Point Boat Ramp Maintenance Dredging Project: • 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 (USACE) Permit • MA CZM Federal Consistency (through USACE review) 6. Performance Standards to Avoid, Minimize and Mitigation Impacts to Coastal Resource Areas & Habitat 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 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: Land Under the Ocean (LUO), Land Containing Shellfish (LCS), and Coastal Beach. Coastal resources areas are delineated on the Permit Plans provided in Exhibit E. It is noted that the Barnstable Harbor Mid-Entrance Channel and Blish Point Boat Ramp Access Channel are located in Estimated Habitats of Rare Wildlife/Priority Habitats of Rare Species as most recently mapped by the MA NHESP on August 1, 2021 (see Exhibit D). In terms of USACE jurisdiction, the entire dredging aspect of the project lies within Waters of the United States, as in, land below and seaward of the annual high tide line. Disposal only occurs in Waters of the U.S. if the CCBDS is approved and utilized for the project. 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. NOTICE OF INTENT Foth•15 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA The proposed project will restore and enhance safe public use and navigable access within the Barnstable Harbor Mid-Entrance Channel and the Blish Point Boat Ramp Access Channel as required to continue to support commercial and recreational uses. All work will be performed when marine activity is least active, within the established TOY restrictions for all species of concern and conditions identified by permit authorizations issued for the project. 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.  LAND UNDER THE OCEAN (310 CMR 10.25) 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). Table 2 below presents a summary of volumes removed and areas impacted from dredging within LUO. The limits of LUO located within the project site are shown on the Permit Plans provided in Exhibit E. Table 2: Summary of Impacts to Land Under Ocean (LUO) from Proposed Dredging of The Barnstable Harbor Mid-Entrance Channel and Blish Poi nt Boat Ramp Access Channel LOCATION PROPOSED WORK PROP. DREDGE DEPTH (FT MLLW) TOTAL VOLUME REMOVED FROM LUO (CY) TOTAL LUO AREA IMPACTED (SF) Mid-Entrance Channel Maintenance Dredging -6.0’ w/ 1’ O.D. ±1,837 ±29,893 Boat Ramp Access Channel Maintenance Dredging -6.0’ w/ 1’ O.D. ±367 ±2,755 Boat Ramp (Land Work) Maintenance to clear concrete ramp 0 0 Totals ±2,204 ±32,648 *Barnstable Harbor Mid-Entrance Channel Area includes 3H:1V sideslopes *Blish Point Boat Ramp Access Channel includes 5H:1V sideslopes O.D. = Allowable Over depth Maintenance Dredging 10.25 (4): Maintenance dredging will be conducted to restore the navigable conditions within the authorized limits of the Barnstable Harbor Mid-Entrance Channel and the Blish Point Boat Ramp Access Channel. According to 310 CMR 10.25 (4), NOTICE OF INTENT Foth•16 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA “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 productivity which will result from the suspension or transport of pollutants, increase in turbidity, 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 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 make up of sediments which is anticipated to fine grained silts and sands. Given the limited duration that it will take for the dredging to be completed, it is expected that any increase in turbidity and suspended solids will be short in duration and 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). In accordance with 310 CMR 10.25 (6), the proposed project has been designed and will be constructed using the best available measures so as to minimize adverse effects on marine fisheries habitat or wildlife habitat as follows: • Water Circulation: Water circulation is created by the tidal exchange and currents that exist within Barnstable Harbor and Cape Cod Bay. Dredging is expecte d to improve the overall water circulation through the increased tidal exchange that will occur through the removal of the shoals. The proposed project is not expected to have any long-term negative effects on water circulation or the overall hydrological or littoral processes. • Destruction of Eelgrass or Widgeon Grass Beds: Based upon review of available MA GIS information, eelgrass (Zostera marina) is not expected to be present within the project site. The closest MA DEP mapped area is over four and a half miles to the east of the Barnstable Harbor Entrance Channel, therefore, the proposed dredging and disposal of dredge sediment is not expected to result in impacts to eelgrass. • Distribution of Sediment Grain Size: Dredging will not alter the sediment quality in the project area. The sediments that will be removed by the proposed dredging have accumulated over time from the dynamic natural littoral process and currents that exist within the harbor and Cape Cod Bay. • Water Quality: Short term increases in turbidity and suspended solids are expected to occur during the time of active dredging. However, given the nature of the material anticipated to be dredged from the navigation channel and the limited duration of the project, it is expected that the increases in turbidity and suspended solids will be short-term and temporary. The daily tidal exchange will naturally help maintain water quality throughout construction. Water quality is anticipated to improve following the completion of dredging since there will be a reduction in potential for turbidity resulting from vessel/float groundings and vessel propeller wash (or scouring). NOTICE OF INTENT Foth•17 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA • Shallow submerged lands with high densities of polychaetes, mollusks or macrophytic algae: The project site is not known to support high densities of polychaetes, mollusks or macrophytic algae.  COASTAL BEACH (310 CMR 10.27) 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. Table 3 below presents a summary of volumes removed and areas impacted from dredging within Coastal Beach. The limits of Coastal Beach located within the project site are shown on the Permit Plans provided in Exhibit E. Table 3: Summary of Impacts to Coastal Beach from Proposed Dredging of The Barnstable Harbor Mid-Entrance Channel and Blish Point Bo at Ramp Access Channel LOCATION PROPOSED WORK PROP. DREDGE DEPTH (FT MLLW) TOTAL VOLUME REMOVED FROM COASTAL BEACH (CY) TOTAL COASTAL BEACH AREA IMPACTED (SF) Mid-Entrance Channel Maintenance Dredging -6.0’ w/ 1’ O.D. 0 0 Boat Ramp Access Channel Maintenance Dredging -6.0’ w/ 1’ O.D. ±34 ±743 Boat Ramp (Land Work) Maintenance to clear concrete ramp ±105 ±2,346 Totals ±139 ±3,089 *Barnstable Harbor Mid-Entrance Channel Area includes 3H:1V sideslopes *Blish Point Boat Ramp Access Channel includes 5H:1V sideslopes O.D. = Allowable Over depth MAINTENANCE DREDGING All anticipated impacts resulting within Coastal Beach are anticipated to occur within the intertidal zone (between MLW and MHW). Intertidal dredging is only proposed within the Boat Ramp and Boat Ramp Access Channel (including the sideslopes) and is a result of in-filling that has occurred in the vicinity of the ever-dynamic Millway Beach and Barnstable Harbor area. To properly maintain the full limits of the authorized the Barnstable Harbor Mid-Entrance Channel and Blish Point Boat Ramp Access Channel, intertidal dredging is considered to be a necessary component associated with the periodic maintenance required to sustain safe navigation and public use/access of the waterway. NOTICE OF INTENT Foth•18 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA Land-based equipment required for mechanical dredging and management of the boat ramp will occur within Coastal Beach. All temporary construction features and construction access will be returned to pre-construction conditions when dredging activities are completed. As described below, the Coastal Beach areas affected by the proposed maintenance dredging do not significantly alter the resource area’s ability to provide storm damage prevention/protection, flood control or to protect marine fisheries or wildlife habitat: Storm Damage/Flood Control • Volume (Quantity of Sediments) and Form: The proposed dredging will increase flood storage capacity. • Ability to Respond to Wave Action: Dredging will not result in a change in wave heights/velocities impacting the shoreline or compromise the ability of the resource area to respond to wave action. Protection of Marine Fisheries or Wildlife Habitat • Distribution of Grain Size: Dredging will not significantly alter the sediment quality within the the Barnstable Harbor Mid-Entrance Channel and Blish Point Boat Ramp Access Channel area. Sediments removed from the Entrance Channels consist of clean sand that will be placed at an upland disposal site. Dredge sediments have been determined to be compatible to existing site conditions. • Water Circulation: The proposed dredging will not impact water circulation, resulting in an adverse change in flushing rate, temperature, or turbidity levels. The water circulation within the project area is primarily a result of tidal flushing. The proposed dredging will not affect flushing rates or temperature. • Water Quality: Turbidity and the re-suspension of solids are anticipated to be minimal and temporary due to the sediments consisting primarily of a well-graded sand with some gravel. Hydraulic dredge methods will also help minimize the occurrence of turbidity, and water quality is anticipated to improve following the completion of work since the potential for turbidity resulting from vessel groundings and propeller wash (or scouring) will be reduced. • Relief and Elevation: The proposed dredging will result in a minor modification along the shoreline; however, it will also result in a significant reduction in the potential for vessel groundings and propeller wash (or scouring). Storm Damage Prevention, Flood Control or Protection of Wildlife Habitat • Increasing Erosion: Dredging will not result in a change in wave heights/velocities, and as such, it will not increase erosion. • Decreasing Volume: 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. NOTICE OF INTENT Foth•19 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA • Changing Form of Any Coastal Beach or an Adjacent or Downdrift Beach: Dredging of the boat ramp access channel and removal of sediment covering the concrete boat ramp will have temporary impacts to the adjacent Millway Beach, as it stabilizes over time.  LAND CONTAINING SHELLFISH (310 CMR 10.34) Land Containing Shellfish (LCS) is defined as “land under the ocean…when any such land contains shellfish”. 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. According to the most current available MA GIS data pertaining to MA DMF mapped suitable shellfish habitat, the proposed dredging within The Barnstable Harbor Mid-Entrance Channel and Blish Point Boat Ramp Access Channel may be located within LCS. It is noted that areas mapped by MA DMF include sites where shellfish have historically been sighted, but may not currently support any shellfish. The shellfish suitability areas were not verified in the field and the boundaries were not surveyed. Accordingly, this information should be used only as a guide to the approximate locations of potential habitats. Areas of mapped LCS are currently designated as approved for shellfish harvesting areas according to available data from MA GIS. Impacted areas of mapped LCS include areas that have been previously authorized/dredged and nourished are considered to be Routine Maintenance which occurs periodically. Dredging within LCS is necessary to remove sediments that have migrated into the established navigation areas primarily from sediment transport caused by storm events and currents in Barnstable Harbor and Cape Cod Bay. Accordingly, it is reasonable to assume that LCS areas impacted by dredging will readily self-recolonize over time. Details pertaining to the quantity and assessment of potential LCS impacts resulting from dredging activities are presented in Table 4 below. The limits of LCS located within the project site are shown on the Permit Plans provided in Exhibit E. Table 4: Summary of Impacts to Land Containing Shellfish (LCS) from Proposed Dredging of The Barnstable Harbor Mid-Entrance Channel an d Blish Point Boat Ramp Access Channel LOCATION PROPOSED WORK PROP. DREDGE DEPTH (FT MLLW) TOTAL VOLUME REMOVED FROM LCS (CY) TOTAL LCS AREA IMPACTED (SF) Mid-Entrance Channel Maintenance Dredging -6.0’ w/ 1’ O.D. 211 4,207 Boat Ramp Access Channel Maintenance Dredging -6.0’ w/ 1’ O.D. 0 0 Boat Ramp (Land Work) Maintenance to clear concrete ramp 0 0 Totals 211 4,207 NOTICE OF INTENT Foth•20 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA *Barnstable Harbor Mid-Entrance Channel Area includes 3H:1V sideslopes *Blish Point Boat Ramp Access Channel includes 5H:1V sideslopes O.D. = Allowable Over depth  PRIORITY/ESTIMATED HABITAT A portion of the proposed dredge area is partially 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 2021. Habitat maps are provided in Exhibit D. Table 5: Summary of Impacts to NHESP Priority/Estimate d Habitat from Proposed Dredging of The Barnstable Harbor Mid-Entrance Channel an d Blish Point Boat Ramp Access Channel LOCATION PROPOSED WORK PROP. DREDGE DEPTH (FT MLLW) TOTAL VOLUME REMOVED FROM NHESP (CY) TOTAL NHESP AREA IMPACTED (SF) Mid-Entrance Channel Maintenance Dredging -6.0’ w/ 1’ O.D. 911 17,692 Boat Ramp Access Channel Maintenance Dredging -6.0’ w/ 1’ O.D. 0 0 Boat Ramp (Land Work) Maintenance to clear concrete ramp 0 0 Totals 911 17,692 Totals Outside of NHESP Area 1,293 14,956 *Barnstable Harbor Mid-Entrance Channel Area includes 3H:1V sideslopes *Blish Point Boat Ramp Access Channel includes 5H:1V sideslopes O.D. = Allowable Over depth 6.1 Minimization of Impacts The proposed project has been designed to minimize th e impacts to the existing coastal resource areas and habitats to the greatest extent possible. All d redging and disposal activities will be performed during the TOY established by permits. Although a “No Dredg e” alternative would result in no environmental impacts, there is a potential for environmental impac ts resulting from vessel ground-outs along the shoaled in areas present in The Barnstable Harbor Mid-Entrance Channel and Blish Point Boat Ramp Access Channel. 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” a lternative presents a public safety concern and diminishes public access to the waterways. The Contractor shall minimize impacts to coastal resource areas at all times during the proposed work. Anticipated impacts during construction are further assessed below: Effects on Marine/Wildlife Habitat: Through USACE Consultations with NOAA and FWS (initiated by the Town and included in Exhibits H and I ) and with the MA DMF, the proposed project will ahere to any conditions required by the agencies. The work will be conducted during the time of year when marine and shoreline life is least active. Effects on Essential Fish Habitat: The proposed dredg ing operations are not expected to have any significant long-term negative effects on finfish in habiting the vicinity of Barnstable Harbor and Blish NOTICE OF INTENT Foth•21 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA Point Boat Ramp. No eelgrass has been located withi n the vicinity of the project. Short term and temporary increases in turbidity/suspended solids are anticipated to occur during the time of active dredging. Biological Impacts: The proposed dredging is not expected to have significant cumulative impacts to the biological resources in the vicinity. Archeological and Historic Resources: No historical or archeological resources are expected to be found within the proposed dredging areas. Both the MA Historical Commission (MHC) and MA Board of Underwater Archaeological Resources (MA BUAR) will be notified of the project as part of the Army Corps of Engineers permit review process. Air Quality: No direct or indirect increases or other changes in local or regional air quality are likely to occur with construction of the proposed project. 7. Summary The Town of Barnstable is proposing to perform maintenance dredging within the existing Barnstable Harbor Mid-Entrance Channel and Blish Point Boat Ramp Access Channel. Dredging is required to address shoaling, restore navigation and safe public access and use of the waterway. The proposed maintenance project will consist of dredging a total combined area of ±35,737 square feet (SF) (±0.82 Ac) and an estimated ±2,343 CY of sediment, including 3H:1V sideslopes in the Mid-Entrance Channel and a 5H:1V ramp slope and 3H:1V side slopes for the Boat Ramp Access Channel. A 1-foot allowable over depth is proposed in both areas. Both the Barnstable Harbor Mid-Entrance Channel and Blish Point Boat Ramp Access Channel will be restored to their previously authorized footprints to -6.0 feet Mean Lower Low Water (MLLW) with a one (1) foot allowable over depth to -7.0 feet MLLW. The Town is seeking to obtain all regulatory approvals in time for dredging to be performed during the Fall-Winter 2025 season. The proposed project has been designed so that all impacts have been minimized to the greatest extent feasible. NOTICE OF INTENT Foth•24 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA Exhibit C Correspondence NOTICE OF INTENT Foth•25 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA Exhibit D FEMA Flood Map National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or Depth Zone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Zone X Future Conditions 1% Annual Chance Flood Hazard Zone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to Levee Zone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood Hazard Zone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 4/10/2025 at 1:12 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 70°18'20"W 41°42'42"N 70°17'43"W 41°42'15"N Basemap Imagery Source: USGS National Map 2023 NOTICE OF INTENT Foth•26 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA Exhibit E NOI Permit Plans 0.0 0.1 0.1 0.2 +0.7 +0.1 0.0 0.0 0.2 0.2 0.2 0.6 0.6 +0.8 +0.8 +0.8 +0.7 +0.7 +0.6 +0.5 +0.5 +0.4 +0.4 +0.3 +0.3 +0.1 +0.1 0.0 0.1 0.1 0.1 0.3 0.4 0.5 0.6 +1.0 +0.9 +0.9+0.8 +0.8 +0.8 +0.8 +0.8 +0.8 +0.7 +0.7 +0.7 +0.5 +0.5 +0.4 +0.4 +0.2 +0.2 +0.1 +0.1 +0.1 +0.1 0.0 0.0 0.1 0.1 0.1 0.40.4 0.4 0.4 0.6 0.6 0.6 0.7 +1.3 +1.1 +1.1 +1.0 +0.9 +0.9 +0.8 +0.7 +0.7 +0.7 +0.7 +0.7 +0.7 +0.7 +0.6 +0.6 +0.6 +0.6 +0.6 +0.5 +0.5 +0.5 +0.5 +0.5 +0.5 +0.4 +0.3 +0.3 +0.3 +0.3 +0.3 +0.2 +0.2 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2.6 2.7 2.7 2.7 2.8 2.9 3.0 3.6 3.8 3.8 4.3 4.3 4.5 4.5 4.6 4.7 4.7 5.1 5.2 5.7 6.5 6.57.0 7.0 7.37.5 7.6 7.6 7.8 8.99.1 +12.7 +12.3 +11.9 +9.8 +9.2 +7.7 +7.5 +7.5 +6.9 +5.8 +3.5 +3.4 +2.9 +0.7 0.2 0.8 0.8 0.9 1.6 2.4 2.5 2.8 3.0 3.0 3.43.6 4.1 4.1 4.3 4.5 4.64.9 5.76.5 7.68.5 9.1 +12.9 +12.7+12.3 +11.1 +8.7 +7.4 +6.5 +6.1 +5.9 +5.3+5.3 +4.5+4.3 +4.0 +3.6 +3.5+3.4+3.4 +2.7+2.4 +1.9+1.7 +0.6 4.3 4.3 4.4 4.5 4.6 4.6 5.1 5.4 6.3 8.1 8.7 8.8 9.4 9.9 10.1 10.4 +12.4 +12.3 +11.7 +9.7 +8.3 +7.2 +6.9 +6.7 +6.5 +6.4 +5.1 3.4 3.5 4.0 4.2 4.34.5 4.54.8 4.9 5.2 6.6 6.6 +13.3 +12.8 +11.9+11.8 +10.4+10.3 +8.7 0.8 1.5 2.4 3.1 3.3 3.7 3.8 4.3 4.4 5.3 +17.6 2.7 4.0 4.8 +17.6 +1.4 +1.0 +0.1 +16.9 8+20 9+00 10+00 11+00 12+0013+0014+0015+0016+0017+0018+0019+00 2 0 + 0 0 2 1 + 0 0 2 2 + 0 0 2 3 + 0 0 2 4 + 0 0 2 5 + 0 0 2 6 + 0 0 2 7 + 0 0 2 8 + 0 0 2 9 + 0 0 BH-4 BH-3 BH-2 BH-1 STA 29+00 END OUTER ENTRANCE CHANNEL STA 8+20 BEGIN MID-ENTRANCE CHANNEL 60FTR S T U V W 4 5 6 7 8 9 10 3 1 2 11 12 ELEVATION (FT, MLLW)OFFSET (FT) 15+50 -12 -10 -8 -6 -4 -2 0 2 4 6 8 10 12 14 16 -12 -10 -8 -6 -4 -2 0 2 4 6 8 10 12 14 16 0 20 40 60 80 100 1200-20-40-60-80-100 AHTL = 12.54' MHW = 10.37' MLW = 0.28' 1 3 3H:1V DREDGE SLOPE DREDGE TO -6.0' MLLW 1' ALLOWABLE OVERDREDGE TO -7.0' MLLW ELEVATION (FT, MLLW)OFFSET (FT) 9+85.86 -20 -10 0 10 20 -20 -10 0 10 20 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 1900-10-20-30-40-50-60 EX. PILE EL. 16.0' 1 5 5H:1V RA M P S L O P E 1 3 3H:1V DREDGE SLOPE MID-ENTRANCE CHANNEL BLISH POINT BOAT RAMP ACCESS CHANNEL WORK TO BE PERFORMED BY TOWN AHTL = 12.54' MHW = 10.37' MLW = 0.28' DREDGE TO -6.0' MLLW 1' ALLOWABLE OVERDREDGE TO -7.0' MLLW EX. PILES TO BE REMOVED, TEMPORARILY STORED AND RE-INSTALLED (2 TOTAL)DWG Filename: 24b021_barnstable harbor and blish point noi_plot.dwg Layout: sheet 1 - site planDWG Folder Location:Thursday, May 29, 2025 2:28:58 PMMID-ENTRANCE CHANNEL AND BLISHPOINT BOAT RAMP ACCESS CHANNELMAINTENANCE DREDGING PROJECTBARNSTABLE HARBORTOWN OF BARNSTABLEPROJECT NO: CHECKED DESIGNED DRAWN SURVEYED BY DATE DATE OF PREPARATIONNO.BYDATEDESCRIPTIONREVISIONSSHEET NUMBER SHEET TITLE: ISSUANCE:12345PE STAMP AUGUST 29, 2024 DREDGE PLAN LOCUS (NOT TO SCALE) OFFSETS TAKEN FROM VDATUM ONLINE ON 7/25/2024 FOR 41.707447N, -70.299991W AND NOAA STATION SESUIT HARBOR 8447241 0.00 -5.67 5.67 -5.390.28 DATUM OFFSETS MLLW MLW NAVD 880.00 6.8712.54 AHT 4.7010.37 MHHW 4.249.91 MHW NAVD88MLLW E B B FL O O D GENERAL NOTES: 1.RESULTS OF HYDROGRAPHIC AND TOPOGRAPHIC SURVEYS BY FOTH INFRASTRUCTURE & ENVIRONMENT, LLC. (FOTH) ON 07/09/2024. 2.RESULTS OF VIBRACORE SEDIMENT SAMPLE SURVEY BY FOTH INFRASTRUCTURE & ENVIRONMENT, LLC. (FOTH) ON 04/30/2025. 3.ELEVATIONS ARE IN US SURVEY FEET AND REFER TO THE MEAN LOWER LOW WATER (MLLW) DATUM. 4.DATUM CONVERSIONS SHOWN WERE CALCULATED USING VDATUM ONLINE AT THE PROJECT SITE ON 07/25/2024, AND NOAA STATION 8447241 SESUIT HARBOR. 5.COORDINATES ARE BASED ON NAD83 MASSACHUSETTS MAINLAND STATE PLANE GRID SYSTEM. 6.RTK CORRECTIONS: RTK CORRECTIONS FOR THIS SURVEY PROVIDED BY KEYNET - VRS. 7.BENCHMARK / RTK TIDES: TIDES ARE RECORDED USING RTK TIDES IN HYPACK. ELEVATIONS FROM ELLIPSOID TO ORTHOMETRIC NAVD88 USE GEOID 12A. 8.PROJECT AREA SHOWN LIES WITHIN FEMA ZONE VE 14 AND VE 15 (EL. +19.67' AND 20.67' MLLW) IN ACCORDANCE TO FEMA FIRM #25001C0558J, EFFECTIVE DATE 7/16/2014. 9.PROPERTY LINES AND SHELLFISH SUITABILITY AREA LIMITS SHOWN ARE BASED UPON THE MOST RECENT AVAILABLE MASSDEP/MASSGIS INFORMATION. 10.THE INFORMATION DEPICTED ON THIS PLAN REPRESENTS THE RESULTS OF SURVEYS ON THE DATES SHOWN, AND CAN ONLY BE CONSIDERED AS INDICATING THE GENERAL CONDITIONS AT THAT TIME. INTERPOLATED INFORMATION FROM BETWEEN SOUNDING RUNS IS NOT GUARANTEED. SHOALS, OBSTRUCTIONS OR OTHER DIFFERING CONDITIONS MAY EXIST BETWEEN THESE RUNS. CONSULT WITH FOTH, LLC FOR MORE DETAILED INFORMATION. 11.POSSESSION AND USE OF THE MATERIAL CONTAINED ON THESE DRAWINGS IS GRANTED ONLY IN CONNECTION WITH ITS USE AS IT RELATES TO THE TITLED PROJECT, ANY OTHER USE, REPRODUCTION OR DISCLOSURE OF THE INFORMATION CONTAINED HEREON IS EXPRESSLY PROHIBITED WITHOUT THE WRITTEN CONSENT OF FOTH. ©COPYRIGHT 2025, FOTH INFRASTRUCTURE & ENVIRONMENT, LLC. SCALE: 0 60 150 1" = 60' 300 MILLWAY BEACH MAOFBA BLISH POINT BOAT RAMP FACILITY 1 INCH = FEET (IN FEET) GRAPHIC SCALE 0 50 1005025 1 INCH = FEET (IN FEET) GRAPHIC SCALE 0 5 1052.5 FREEZER POINT BARNSTABLE HARBOR 277 MILLWAY ROAD MAP 301 PARCEL 063 002 HENRY E. BLAIR & RAYMOND M. MURPHY TRUST P.O BOX 657 BARNSTABLE, MA 02630 275 MILLWAY ROAD MAP 301 PARCEL 063 001 HENRY E. BLAIR & RAYMOND M. MURPHY TRUST P.O BOX 657 BARNSTABLE, MA 02630 153 FREEZER ROAD MAP 301 PARCEL 006 STUBORN LP 297 NORTH ST HYANNIS, MA 02601 A 1 SURVEY NOTES: 1.PROJECT NAME: 2.PROJECT NUMBER: 3.PLOT SCALE: 4.SURVEY DATE: 5.SURVEYOR: 6.VESSEL: 7.TRANS./FATH.: 8.WEATHER COND: 9.PROJECT DATUM: 10.COOR. SYSTEM: 11.DATA REDUCTION: 12.SITE BENCHMARK: BARNSTABLE MID-ENTRANCE CHANNEL AND BOAT RAMP 024B021.00 AS SHOWN JULY 9, 2024 J. HILL, M. PERRY OLAF 200KHZ, 3DEGREE, ODOM, RTK KEYNET CORRECTIONS CLEAR, 85 DEGREES, WIND 0-5 NW MEAN LOWER LOW WATER (MLLW) NAD-83, MASSACHUSETTS MAINLAND VOLUMES BASED ON UNSORTED DATA SET; SOUNDINGS BASED ON 6FT SORTED DATA CHISELED SQUARE AT BOAT RAMP, EL=17.87' MLLW (12.20' NAVD88) (GEIOD 12B). PROVIDED BY GREEN SEAL ENVIRONMENTAL, 11/12/2012. SOUNDING LEGEND 0.0' TO 5.9' MLLW 6.0' TO 6.9' MLLW >= 7.0' MLLW TYPICAL SECTION A MID-ENTRANCE CHANNEL HORIZONTAL SCALE: 1" = 50' VERTICAL SCALE: 1" = 5' VERTICAL SCALEHORIZONTAL SCALE 1 INCH = FEET (IN FEET) GRAPHIC SCALE 0 10 20105 VERTICAL SCALE 1 INCH = FEET (IN FEET) GRAPHIC SCALE 0 10 20105 HORIZONTAL SCALE B 1 TYPICAL SECTION B - BLISH POINT BOAT RAMP ACCESS CHANNEL HORIZONTAL SCALE: 1" = 10' VERTICAL SCALE: 1" = 10'1 DREDGE PLAN AND TYPICAL SECTIONS SITE PLAN SCALE: 1" = 60' PROJECT BENCHMARK: CHISELED SQUARE ON CURB (EL. +17.87' MLLW) APPROX. PROPERTY LINE (MAGIS, TYP.) MEAN LOWER LOW WATER (MLLW) DREDGE AREA CHANNEL COORDINATE1 -6.0' MLLW (AUTHORIZED DREDGE DEPTH) APPROX. TOP OF SLOPE ( @ 3H:1V ) APPROXIMATE PROPERTY LINE LEGEND -6.0 STA 17+75 TO 29+00 "OUTER ENTRANCE CHANNEL" NO WORK PROPOSED STA 8+20 TO 17+75 "MID- ENTRANCE CHANNEL" DREDGE TO -6.0' MLLW WITH 1' ALLOWABLE OVERDREDGE TO -7.0' MLLW 25FT WIDE BLISH POINT BOAT RAMP ACCESS CHANNEL DREDGE TO -6.0' MLLW WITH 1' ALLOWABLE OVERDREDGE TO -7.0' MLLW (NO O.D. ON 5H:1V SLOPE)-6.0 -6.0-6.0 APPROX. TOP OF 3H:1V SLOPE (TYP.) TOWN TO COMPLETE LAND-BASED EXCAVATION SHELLFISH SUITABILITY AREA (MAGIS) JH, MP 07/10/2024 MG 05/20/2025 JH 05/29/2025 NOTICE OF INTENT (FOR PERMITTING ONLY) SEDIMENT SAMPLE LOCATION COLLECTED 04/30/2025 (TYP.) DIGITALLY SIGNED MAY 29, 2025 NOTICE OF INTENT Foth•27 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA Exhibit F Record Permits and Documents May 13, 2020 Barnstable Department of Public Works 382 Falmouth Road Hyannis MA 02601 Barnstable Conservation Commission 200 Main Street Barnstable MA 02601 RE: Applicant: Barnstable Department of Public Works Project Location: Mill Way Road Project Description: Dredge Barnstable Harbor Outer Entrance Channel, Mid-Entrance Channel & Blish Point Boat Ramp Access Channel with Beneficial Reuse at Millway Beach, Sandy Neck Public Beach and Sandy Neck Cottage Area or offshore disposal at Cape Cod Bay Disposal Site DEP Wetlands File No.: 003-5781 NHESP File No.: 06-20720 Dear Commissioners & Applicant: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) received a Notice of Intent with site plans (dated 4/14/2020) 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 the Project, as currently proposed, is located within the actual habitat for the state-listed species presented in the following table. These species and their habitats are protected pursuant to the WPA and the MESA. Fact sheets for state-listed species can be found at www.mass.gov/nhesp. Scientific Name Common Name Taxonomic Group State Status Charadrius melodus Piping Plover Bird Threatened* Sternula antillarum Least Tern Bird Special Concern Sterna hirundo Common Tern Bird Special Concern Sterna dougallii Roseate Tern Bird Endangered* *The Piping Plover and Roseate Tern are federally protected as “Threatened” and “Endangered”, respectively, pursuant to the U.S. Endangered Species Act (ESA, 50 CFR 17.11). NHESP No. 06-20720, Page 2 Generally in Massachusetts, these coastal birds can be found from April – September. Piping Plovers and Least Terns are ground-nesting shorebirds that will establish nests on sparsely vegetated, sandy areas of coastal beaches and dunes. Their nests are comprised of shallow depressions in the sand that may be lined with shell fragments or pebbles. Piping Plovers, terns and their nests are particularly vulnerable to predators, unleashed pets, and inadvertent human disturbance. After hatching, Piping Plover and Least Tern chicks are not capable of flight - 25-30 days for plovers and 21-25 days for terns - during this period these unfledged chicks will often range widely to either forage or seek shelter. 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 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. WETLANDS PROTECTION ACT (WPA) & MASSACHUSETTS ENDANGERED SPECIES ACT (MESA) 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) and must be conditioned in order to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). The following conditions must be met to protect state-listed species and their habitats: For all Beneficial Reuse at Sandy Neck Cottages & Sandy Neck Beach Nourishment Sites the following conditions must be implemented: 1. Time of Year Restriction: Beach nourishment or beneficial reuse of dredge sediments shall not be deposited upon the coastal beach or dune during the period of April 1 - September 15, to protect state-listed coastal birds. 2. Plantings: 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 and Monitoring: 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 implement a Division-approved monitoring and protection plan for nourishment sites for a minimum of three consecutive years following any nourishment activity. i. 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. ii. 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 NHESP No. 06-20720, Page 3 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. 4. Amendments/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. 5. Authorization Duration: This determination is valid for five (5) years. Subject to Division review and approval, the applicant has an option to renew this determination for an additional five (5) years. 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 Division simultaneously with the applicant as stated in the Procedures section of the WPA (310 CMR 10.05(6)(e)). We note that all work is subject to the anti-segmentation provisions (321 CMR 10.16) of the MESA. 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 requires additional review - and may require an additional filing - with the Division pursuant to the MESA. 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 Amy Hoenig, Endangered Species Review Biologist, at (508) 389-6364. Sincerely, Everose Schlüter, Ph.D. Assistant Director cc: Christine Player, CLE Engineering, Inc. Douglas Cameron, Office of Fishing and Boating Access MA DEP Southeast Region Charles D. Baker Governor Karyn E. Polito Lieutenant Governor Kathleen A. Theoharides Secretary Martin Suuberg Commissioner This information is available in alternate format. Call the MassDEP Diversity Office at 617-556-1139. TTY# MassRelay Service 1-800-439-2370 MassDEP Website: www.mass.gov/dep Printed on Recycled Paper September 21, 2020 Philip Beaudoin Town of Barnstable Dept. of Public Works 382 Falmouth Street Barnstable, MA 02601 Re: 401 WATER QUALITY CERTIFICATION Application for BRP WW 26, Minor project dredging At: Blish Point Boat Ramp Access Channel at Barnstable Harbor, Barnstable Cape Cod Coastal Drainage Area 401 WQC Transmittal №: X286011 Wetlands File №: SE3-5781 ACoE Application №: NAE-2015-01632 Dear Mr. Beaudoin: The Department has reviewed your application for Wa ter Quality Certification (WQC) referenced above. In accordance with the provisions of Section 401 of the Fed eral Clean Water Act as amended (33 U.S.C. §1251 et seq.), MGL c.21, §§ 26-53, and 314 CMR 9.00, the Department has determined there is reasonable assurance the project or activity will be conducted in a manner which will not violate applicable water quali ty standards (314 CMR 4.00) and other applicable requirements of state law. The waters of Barnstable Harbor are designated in the Massachusetts Surface Water Quality Standards as Class SA. Such waters are designated "as excellent habitat for fish, other aquatic life and wildlife and for primary and secondary contact recreation.” Anti-degradation provisions of these Standards require that "existing uses and the level of water quality necessary to protect the existing uses shall be maintained and protect- ed.” In addition, this area has been designated for Shellfishing pursuant to 314 CMR 4.00. 401 Water Quality Certification Transmittal №: X286011, Blish Point Boat Ramp at Barnstable Harbor, Barnstable Page 2 of 20 Project Background: The project site is located within Barnstable Harbor at Blish Point in Barnstable, MA (Figure 1). 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 north side of the Town of Barnstable. Navigation into/out of Barnstable Harbor is provided by the established entrance c hannel that provides access to/from the Inner Harbor and the Blish Point Public Access Facility which supports recreational, commercial and transient boating activities as well as private commercial marine operations and services. Present conditions show that the entire channel has filled-in, and there is very limited water depth existing during periods of low tide. This channel requires periodic maintenance dredging on a 1 to 3 year basis and is presently overdue. Figure 1 Project site at Blish Point Boat Ramp Access Channel, Barstable.1 Proposed Project Description: The proposed project scope entails maintenance dredging 658 cubic yards of sediment from the Blish Point Boat Ramp Access Channel at Barnstable Harbor (Figure 1).2 The proposed maintenance dredging of the Boat Ramp Access Channel will be performed using either mechanical or hydraulic methods. Dredged Material Dewatering: The dewatering of sediments will be performed within the parking lot at the MAOFBA Blish Point Public Access Facility. The use of the Blish Point parking lot for the dewatering/handing of dredge sediments has been previously 1 Revised BRP WW 26 Combined Permit Application for Waterways & Water Quality Certification: Maintenance Dredging Blish Point Boat Ramp Access Channel Barnstable, Massachusetts. Prepared by FOTH for the Town of Barnstable, Department of Public Work. Dated June 29, 2020. 2 IBID, See Footnote #1. 401 Water Quality Certification Transmittal №: X286011, Blish Point Boat Ramp at Barnstable Harbor, Barnstable Page 3 of 20 authorized and will be temporary. A dredged material dewatering plan will need to be developed and submitted to the Department for review (see Condition 11). Dredged Material Disposal or Reuse: Dredge sediments are proposed to be disposed at the Cape Cod Bay Disposal (CCBDS) and/or upland at an approved facility. Sediment Sampling Data: According to the interagency agreement, MassDEP accepts the sampling and evaluation protocol of the Army Corps of Engineers (ACoE) and EPA for unconfined open ocean disposal. In accordance with 314 CMR 9.07(2) and 314 CMR 9.07(7), to support upland disposal of dredged material, chemical analysis of two sediment samples were performed and no contaminants exceeding the Reportable Concentration (RC) S-1 criteria of the Massachusetts Contingency Plan (MCP) were found. 3 Time of Year Restriction (TOY) for In -Water Work: The Barnstable Harbor has been identified as winter flounder (Pseudopleuronectes americanus) spawning habitat. Therefore, Massachusetts Division of Marine Fisheries recommends no in-water silt producing work be conducted from February 1 to June 30 to protect winter flou nder and horseshoe crab spawning and juvenile development.4 Rare Species and Rare Wildlife Habitat: The site is not located within the Priority Habitats of Rare Species, Estimated Habitats of Rare Wildlife, and Certified Vernal Pools in accordance with the Massachusetts Natural Heritage Atlas, 14th Edition. Public Notice: The public notice of the 401 WQC application was published in the Cape Cod Times on August 26, 2020. The Department did not receive any comments during the 21-day public comment period, which ended on September 16, 2020. Section 61 Findings: Although the original improvement dredging projects, Pursuant to M.G.L. Chapter 30, Sections 61 to 62H inclusive [the Massachusetts Environmental Policy Act (“MEPA”)], were required to file an Env ironmental Notification Form (“ENF”) (301 CMR 11.01 (2)(b)3), the MEPA review thresholds for the current proposed maintenance dredging project in the same footprint, as referenced in Combined Permit Application, DEP Transmittal # X286011, do not apply (301 CMR11.03).5 Therefore, based on information currently in the record, the Department grants a 401 Water Quality Certification for this project subject to the following conditions to maintain water quality, to minimize impact on waters and wetlands, and to ensure compliance with appropriate state law. The Department further certifies in accordance with 314 CMR 9.00 that there is reasonable assurance the project or 3 According to additional information from Christine Player, FOTH, to David Wong, MassDEP, dated September 8, 2020. 4 According to a letter from Wright, Massachusetts Division of Marine Fisheries, to Barnstable Conservation Commission, dated May 4, 2020. 5 According to an email from Richard Bourre, Massachusetts Environmental Policy Act (MEPA) Office to Christine Player, FOTH, dated June 29, 2012. 401 Water Quality Certification Transmittal №: X286011, Blish Point Boat Ramp at Barnstable Harbor, Barnstable Page 4 of 20 activity will be conducted in a manner which will not violate applicable water quality standards (314 CMR 4.00) and other applicable requirements of state law. Finally, the Department has determined that upon satisfying the conditions and mitigation requirements of this approval, the project provides a level of water quality necessary to protect e xisting uses and accordingly finds that the project to be implemented satisfies the Surface Water Quality Standards at 314 CMR 4.00. Conditions 1. The Contractor shall take all steps necessary to assure that the proposed activities will be conducted in a manner that will avoid violations of the anti-degradation provi- sions of the Massachusetts Surface Water Quality Standards that protect all waters, including wetlands. 2. Prior to the start of work or any portion of the work thereafter, the Department shall be notified of any change(s) in the proposed project or plans that may affect waters or wetlands. The Department will determine whether the change(s) require a revision to this Certification. 3. Dredging in accordance with this Certification may begin following the 21-day appeal period and once all other permits have been received. 4. All work shall be performed in accordance with the following documents and plans : • Application for the 401 WQC, Transmittal Form # X286011, revised date June 29, 2020. • Plan entitled “MAINTENANCE DREDGING BLISH POINT BOAT RAMP CHANNEL TOWN OF BARNSTABLE, BARNSTABLE, MASSACHUSETTS” consisting of seven (7) sheets, various scales, dated June 29, 2020, signed and stamped by Scott Skuncik, PE, prepared by FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC, received by MassDEP on June 29, 2020. MassDEP shall be notified if there are modifications and or deletions of work as specified in the plans. Depending on the nature and the scope of any change, approval by the Department may be required. • Order of Conditions issued pursuant to the Massachusetts Wetlands Protection Act (M.G.L. Chapter 131, § 40) by Barnstable Conservation Commission for MassDEP File Number SE3-5781, dated June 2, 2020. 5. The Department shall be notified, attention David Wong 617-292-5893, one week prior to the start of in-water work so that Department staff may inspect the work for compliance with the terms and conditions of this Certification. 6. The applicant and its contractor shall allow agents of the Department to enter the project sites to verify compliance with the conditions of this Certification. 401 Water Quality Certification Transmittal №: X286011, Blish Point Boat Ramp at Barnstable Harbor, Barnstable Page 5 of 20 7. The Certification remains in effect for the same duration as the federal permit that requires it or five years from the date of issuance of this Cert ification whichever comes first. 8. The applicant may request an extension of the 401 dredging permit in accordance with 314 CMR 9.09(3) providing that the annual dredging activities summary report is submitted to the Department. 9. Future maintenance dredging may be conducted as necessar y for the duration of this Certification, provided that: a. the initial project and any subsequent dredging has been conducted satisfactorily with no violations of the terms and conditions of this Certification or any violations which did occur have been resolved to the satisfaction of the Department; b. information has been submitted to the Department regarding chemical characteristics and final end use/disposal of the dredged material for review and approval and no future maintenance dredging has commenced without obtaining end use/disposal approval from the Department; c. Documentation showing the grain-size distribution of the sediment to be dredged is compatible with the grain-size distribution of the approved receiving beach(es) in accordance with the document entitled Beach Nourishment, Mass DEP’s Guide to Best Management Practices for Projec ts in Massachusetts, March 2007 and is submitted to the Department; d. an updated Suitability Determination from the Army Corps of Engineers for unconfined ocean disposal at MBDS or CCBDS is submitted to the Department; e. coordinates of the maintenance dredge footprint are the same as the authorized dredge footprint under this Certification; f. a current due-diligence evaluation is done to determine that no known spills of oil or other toxic substances have occurred which could have contaminated the sediment in the dredge area and submitted to the Department prior to maintenance dredging; g. a bathymetric survey has been submitted to the Department in compliance with Condition no.17; h. the volume of future maintenance dredging does not exceed 658 cubic yards, the methodology used is as described in this permit, and the Department is notified prior to commencement of maintenance dredging. 10. Best Management Practices (BMPs) such as a silt curtain shall be deployed surrounding the dredge area to minimize turbidity. At a minimum, the silt curtain shall be bottom-weighted to minimize the degree of lifting/flailing or billowing and shall be of suitable material/grade appropriate based on the velocity of the current at the site. Intermediate vertical floats or other means shall be placed on the silt curtain to lift the bottom of the silt curtain at low tide so that the bottom edges of the curtain remain close to the mudline at low tide but do not rake the sediment in areas subject 401 Water Quality Certification Transmittal №: X286011, Blish Point Boat Ramp at Barnstable Harbor, Barnstable Page 6 of 20 to tidal influence. Dredging shall be carried out using a closed, environmental bucket if the sediment does not consist solely of gravel/stone/sand or densely compacted silt/clay. 11. No later than 21days prior to comm encement of dredging activity, a dredged material dewatering plan shall be submitted to the Department for review and approval. At a minimum, the dewatering plan shall include but not be limited to the type of containment, method of dewatering (i.e. mechan ical or by gravity), method of collecting the dewatered effluent and method of disposal. 12. If the proposed dredge material is disposed at an upland facility, t he Department shall be notified in writing of the name and location of the upland licensed facilit y accepting the dredged material for disposal or reuse as daily cover material. If the licensed facility is located out of state, documentation shall be provided to the Department that the dredged material disposal/reuse has been approved and will be accepted by the receiving State in accordance with 314 CMR 9.07(13)(b). The dredged material shall not be transported to the facility without concurrence of the Department. 13. A Dredged Material Tracking Form (DMTF) or Material Shipping Record (MSR) shall be used to track the dredged material to the licensed upland facility. A fully executed copy of the DMTF or MSR shall be provided to the Department within 30 days of final shipment to the reused location or facility. 14. Best Management Practices (BMPs) shall be implemented during transportation of the dredged material to the licensed receiving facility. At a minimum, when transported upon public roadways, all dredged material shall have no free liquid as determined by the Paint Filter Test or other suitably analog ous methodology acceptable to the Department, and a tarpaulin or other means shall be used to cover the dredged material during transport. 15. Disposal of any volume of dredged material at any location in tidal waters is not authorized by this 401 Water Quality Certification and would require a request for amendment that would be subject to approval by MassDEP and the Massachusetts Coastal Zone Management office. 16. Within 21 days of the effective date of this Certification, the applicant shall submit to the Department for review and approval the following information regarding location of final placement and use of dredged material: a. a United States Geological Survey Topographic Map showing the location of the property; b. a site plan showing the reuse location of the dredged material at the [proposed reuse location]; c. a statement of certification signed by the applicant and the owner of the property in which the dredged material is proposed for reuse that the reuse material complies with the provisions of 314 CMR 9.07(9)(b)6.d. 401 Water Quality Certification Transmittal №: X286011, Blish Point Boat Ramp at Barnstable Harbor, Barnstable Page 7 of 20 d. documentation of written notification of the proposal to the Barnstable Board of Health; e. When recording the Certificate of Compliance (WPA Form 8B of the Massachusetts Wetland Protection Act, M.G.L. c131, §40) in the Registry of Deeds or the Land Court, the location of the dredged material reuse area shall also be recorded at the same time. The applicant shall complete the information on Section D, page 3 of 3 of the Certificate of Compliance and submit a copy to the Wetlands and Waterways Prog ram in the Boston Office within five (5) working days of the recording. 17. Within 30 days of the completion of the initial dredging and any future maintenance dredging to be conducted, a bathymetric survey of the site, depicting post-dredge conditions shall be conducted. At a minimum, the survey shall include an overlay of the dredge footprint (i.e. top of slope) with sufficient coordinates in the Massachusetts State Plane (e.g. longitude and latitude) to clearly delineate the dredge footprint. The survey shall be sent within five working days after its completion to the Department and a copy shall be sent to the Massachusetts Coastal Zone Management office, attention: Robert Boeri. 18. Within 30 days of completion of the construction of scope, the applicant shall provide a set of construction photographs depicting trenching and filling activity to the Wetlands and Waterways Program in the Boston Office, attn: David Wong. The photographs shall be marked or labeled with the WQC transmittal number and wetlands file number of the project 19. In order to protect spawning, larval and juvenile development of winter flounder and horseshoe crab, no dredging shall occur between February 1 and June 30. 20. Prior to dredging, any shellfish shall be removed from the project ar ea at the applicant’s expense. Shellfish removal shall be completed under the direction of the Shellfish Officer or Harbormaster, or a representative under their control. 21. The Applicant shall utilize stabilized construction entrances, vehicle wash down pads, perimeter erosion controls, and re-vegetation of disturbed areas with native plantings and seed mixes to minimize potential water quality impact resulting from construction activities. 22. Storing, servicing or cleaning of equipment, including but not limite d to fueling, changing, adding or applying lubricants or hydraulic fluids, or washing/rinsing of trucks or equipment, shall be performed outside wetland resource areas. 23. During the project period, there shall be no discharge or spillage of fuel, oil or oth er pollutants, including sediments, onto any part of the site. The applicant shall take all reasonable precautions to prevent the release of pollutants by ignorance, accident or vandalism. 401 Water Quality Certification Transmittal №: X286011, Blish Point Boat Ramp at Barnstable Harbor, Barnstable Page 8 of 20 24. The applicant, or its contractor, shall make every feasible effort to complete the project within the permitted timeframe. Should the applicant, or their contractor, fail to complete the project and wish to request an amendment to the Certification for incursion into the no-dredge period, the written request shall be received by the Department by January 15. The following information shall be included in the request: a. project location and transmittal number, b. the date on which dredging started, c. the number of days and hours per day the dredge operated, d. expected daily average production rate and the actual daily average production rate, e. an explanation of why the project failed to remain on schedule, f. an account of efforts made to get the project back on schedule, g. a plan depicting the areas that remain to be dredged, h. the number of cubic yards that remain to be dredged, i. an accurate estimate of the number of days required to complete the project, j. an evaluation of the impact of continued dredging on the species of concern, k. a description of any efforts that will be made to minimize the impacts of the project on the species of concern, and a realistic assessment of any societal/financial effects of a denial of permission to continue dredging. The Department will share the information with other resource agencies and a decision to grant or deny the amendment shall be made by February 1. Requests for amendment received after January 15 will be considered at the Department’s discretion. 25. No later than four weeks after issuance of this water quality certification, the applicant shall submit a notification procedure outlining the reporting process to MassDEP for incidents relating to dredging activities that impact surrounding resource areas and habitats including, but not limited to, observed dead or distressed fish or other aquatic organisms, observed oily sheen on the surface of the water, a sediment spill, a turbidity plume beyond the deployed BMPs, and a barge or equipment accident/spill. If at any time during implementation of the project such an incident occurs, the applicant shall immediately notify MassDEP and all site related activities impacting the water shall cease until the source of the problem is identified and adequate mitigating measures are deployed to the satisfaction of MassDEP. --------------------------------------------------------------------------------------------------------------------- This certification does not relieve the applicant of the obligation to comply with other applicable state or federal statutes or regulations. Any changes made to the project as described in the previously submitted Notice of Intent, 401 Water Quality Certification application, or supplemental documents will require further notification to the Department. Certain persons shall have a right to request an adjudicatory hearing concer ning certifications by the Department when an application is required: a. the applicant or property owner; 401 Water Quality Certification Transmittal №: X286011, Blish Point Boat Ramp at Barnstable Harbor, Barnstable Page 9 of 20 b. any person aggrieved by the decision who has submitted written comments during the public comment period; c. any ten (10) persons of the Commonwealth pursuant to M.G.L. c.30A where a group member has submitted written comments during the public comment period; or d. any governmental body or private organization with a mandate to protect the environment, which has submitted written comments during the publi c comment period. Any person aggrieved, any ten (10) persons of the Commonwealth, or a governmental body or private organization with a mandate to protect the environment may appeal without having submitted written comments during the public comment per iod only when the claim is based on new substantive issues arising from material changes to the scope or impact of the activity and not apparent at the time of public notice. To request an adjudicatory hearing pursuant to M.G.L. c.30A, § 10, a Notice of C laim must be made in writing, provided that the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee specified within 310 CMR 4.10 along with a DEP Fee Transmittal Form within twenty-one (21) days from the date of issuance of this Certificate, and addressed to: Case Administrator Department of Environmental Protection One Winter Street, 2nd Floor Boston, MA 02108. A copy of the request shall at the same time be sent by certified mail or hand delivery to the issuing office of the Wetlands and Waterways Program at: Department of Environmental Protection One Winter Street, 5th Floor Boston, MA 02108. A Notice of Claim for Adjudicatory Hearing shall comply with the Department’s Rules for Adjudicatory Proceedings, 310 CMR 1.01(6), and shall contain the following information pursuant to 314 CMR 9.10(3): a. the 401 Certification Transmittal Number and DEP Wetlands Protection Act File Number; b. the complete name of the applicant and address of the project; c. the complete name, address, and fax and telephone numbers of the party filing the request, and, if represented by counsel or other representative, the name, fax and telephone numbers, and address of the attorney; d. if claiming to be a party aggrieved, the specific facts that demonstrate that the party satisfies the definition of “aggrieved person” found at 314 CMR 9.02; e. a clear and concise statement that an adjudicatory hearing is being requested; f. a clear and concise statement of (1) the facts which are grounds for the proceedings, (2) the objections to this Certificate, including specifically the 401 Water Quality Certification Transmittal №: X286011, Blish Point Boat Ramp at Barnstable Harbor, Barnstable Page 10 of 20 manner in which it is alleged to be inconsistent with the Department’s Water Quality Regulations, 314 CMR 9.00, and (3) the relief sought through the adjudicatory hearing, including specifically the changes desired in the final written Certification; and g. a statement that a copy of the request has been sent by certified mail or hand delivery to the applicant, the owner (if different from the applicant), the conservation commission of the city or town where the activity will occur, the Department of Environmental Management (when the certificate concerns projects in Areas of Critical Environmental Concern), the public or private water supplier where the project is located (when the certificate concerns projects in Outstanding Resource Waters), and any other entity with responsibility for the resource where the project is located. The hearing request along with a DEP Fee Transmittal Form and a valid check or money order payable to the Commonwealth of Massachusetts in the amount of one hundred dollars ($100) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection Commonwealth Master Lockbox P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory -hearing filing fee pursuant to 310 CMR 4.06(2) for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file an affidavit setting forth the facts believed to support the claim of undue financial hardship together with the hearing request as provided above. Failure to comply with this certification is grounds for enforcement, including civil and criminal penalties, under MGL c.21 §42, 314 CMR 9.00, MGL c. 21A §16, 310 CMR 5.00, or other possible actions/penalties as authorized by the General Laws of the Commonwealth. If you have questions about this decision, please contact David Wong at 617-292-5893. Lisa Rhodes Wetlands Program Chief 401 Water Quality Certification Transmittal №: X286011, Blish Point Boat Ramp at Barnstable Harbor, Barnstable Page 11 of 20 enclosure: Communication For Non-English Speaking Parties - 310 CMR 1.03(5)(a) Material Shipment Record (MSR) ecc: Christine M. Player, Foth-CLE Engineering Group, 15 Creek Road, Marion, MA 02738 Charles N. Farris and Barbara Newman, Regulatory/Enforcement Division, U.S. Army Corps of Engineers, 696 Virginia Road, Concord, MA 01742-2751 Edward Reiner, US EPA, 5 Post Office Square, Suite 100, Boston, MA 02109 Alison Verkade and Mike Johnson, National Marine Fisheries Services, 55 Great Republic Drive, Gloucester, MA 01930 Robert Boeri, MA CZM, 251 Causeway Street, Suite 800, Boston, MA 02114 Brendan Mullaney and David Hill, MassDEP SERO, 20 Riverside Drive, Lakeville, MA 02347 Eileen M. Feeney, Division of Marine Fisheries, 836 S Rodney French Blvd. 3rd floor, New Bedford, MA 02744 Amy Hoenig and Melany Cheeseman, Natural Heritage & Endangered Species Program, Massachusetts Division of Fisheries & Wildlife, 1 Rabbit Hill Road, Westborough, MA 01581 Darcy Karle, Barnstable Conservation Commission, 367 Main Street, Hyannis, MA 02601 401 Water Quality Certification Transmittal №: X286011, Blish Point Boat Ramp at Barnstable Harbor, Barnstable Page 12 of 20 Massachusetts Department of Environmental Protection One Winter Street, Boston MA 02108 • Phone: 617 -292-5751 Communication For Non-English Speaking Parties - 310 CMR 1.03(5)(a) 1 English: This document is important and should be translated immediately. If you need this document translated, please contact MassDEP’s Diversity Director at the telephone numbers listed below. 2 Español (Spanish): Este documento es importante y debe ser traducido inmediatamente. Si necesita este documento traducido, por favor póngase en contacto con el Director de Diversidad MassDEP a los números de teléfono que aparecen más abajo. 3 Português (Portuguese): Este documento é importante e deve ser traduzida imediatamente. Se você precisa deste documento traduzido, por favor, entre em contato com Diretor de Diversidade da MassDEP para os números de telefone listados abaixo. 4(a) 中國（傳統）(Chinese (Traditional): 本文件非常重要，應立即翻譯。如果您需要翻譯這份文件，請用下面列出的 電話號碼與MassDEP的多樣性總監聯繫。 4(b) 中国（简体中文）(Chinese (Simplified): 本文件非常重要，应立即翻译。如果您需要翻译这份文件，请用下面列出的 电话号码与MassDEP的多样性总监联系。 5 Ayisyen (franse kreyòl) (Haitian) (French Creole): Dokiman sa-a se yon bagay enpòtan epi yo ta dwe tradui imedyatman. Si ou bezwen dokiman sa a tradui, tanpri kontakte Divèsite Direktè MassDEP a nan nimewo telefòn ki nan lis pi ba a. 6 Việt (Vietnamese): Tài liệu này là rất quan trọng và cần được dịch ngay lập tức. Nếu bạn cần dịch tài liệu này, xin vui lòng liên hệ với Giám đốc MassDEP đa dạng tại các số điện thoại được liệt kê dưới đây. 7 ្ររបេសកម្ព ុជា (Kmer (Cambodian): ឯកសាបប េះគឺមា សាបៈសំខា ់ ិងគួប្ររូវបា រក្ទ្ររភ្លា ម្។ ្ររសិ បរើអ្នក្ររូវ បា រក្ទ្ររឯកសាបប េះសូម្េំនាក់េំ ងបនន រជានាយក MassDEP បៅ បេខេូបស័ព្ទ្ទែេបា រាយខាងប្រោម្។ 401 Water Quality Certification Transmittal №: X286011, Blish Point Boat Ramp at Barnstable Harbor, Barnstable Page 13 of 20 8 Kriolu Kabuverdianu (Cape Verdean): Es documento é importante e deve ser traduzido imidiatamente. Se bo precisa des documento traduzido, por favor contacta Director de Diversidade na MassDEP’s pa es numero indicode li d’boche. 9 Pусский язык (Russian): Этот документ является важным и должно быть переведено сразу. Если вам нужен этот документ переведенный, пожалуйста, свяжитесь с директором разнообразия MassDEP по адресу телефонных номеров, указанных ниже. 10 ةيبرعلا (Arabic): هذه ةقيثولا و ةماهلا مجرتت نأ يغبني.روفلا ىلع ىلا ةجاحب تنك اذا هذه ةمجرتملا ةقيثولا لاصتلاا ىجري ، ريدم عونتلا يف MassDEPفتاوهلا ماقرأ ىلع .هاندأ ةجردملا 11 한국어 (Korean): 이 문서는 중요하고 즉시 번역해야합니다. 당신이 번역이 문서가 필요하면 아래의 전화 번호로 MassDEP의 다양성 감독에 문의하시기 바랍니다 12 հայերեն (Armenian): Այս փաստաթուղթը շատ կարեւոր է եւ պետք է թարգմանել անմիջապես. Եթե Ձեզ անհրաժեշտ է այս փաստաթուղթը թարգմանվել դիմել MassDEP բազմազանությունը տնօրեն է հեռախոսահամարների թվարկված են ստորեւ. 13 یسراف (Farsi (Persian): دنس نيا تسا مهم اروف دياب و .تسا هدش همجرت هب زاين امش رگا دنس نيا هدش همجرت ،سامت ام اب افطل عونت ريدم MassDEP رد یاه نفلت هرامش رکذ ريز رد هدش. 14 Français (French): Ce document est important et devrait être traduit immédiatement. Si vous avez besoin de ce document traduit, s'il vous plaît communiquer avec le directeur de la diversité MassDEP aux numéros de téléphone indiqués ci- dessous. 15 Deutsch (German): Dieses Dokument ist wichtig und sollte sofort übersetzt werden. Wenn Sie dieses Dokument übersetzt benötigen, wenden Sie sich bitte Diversity Director MassDEP die in den unten aufgeführten Telefonnummern. 16 Ελληνική (Greek): Το έγγραφο αυτό είναι σημαντικό και θα πρέπει να μεταφραστούν αμέσως. Αν χρειάζεστε αυτό το έγγραφο μεταφράζεται, παρακαλούμε επικοινωνήστε Diversity Director MassDEP κατά τους αριθμούς τηλεφώνου που αναγράφεται πιο κάτω. 401 Water Quality Certification Transmittal №: X286011, Blish Point Boat Ramp at Barnstable Harbor, Barnstable Page 14 of 20 17 Italiano (Italian): Questo documento è importante e dovrebbe essere tradotto immediatamente. Se avete bisogno di questo documento tradotto, si prega di contattare la diversità Direttore di MassDEP ai numeri di telefono elencati di seguito. 18 Język Polski (Polish): Dokument ten jest ważny i powinien być natychmiast przetłumaczone. Jeśli potrzebujesz tego dokumentu tłumaczone, prosimy o kontakt z Dyrektorem MassDEP w różnorodności na numery telefonów wymienionych poniżej. 19 हिन्दी (Hindi): यि दस्तावेज मित्वपूर्ण िै और तुरंत अनुवाद किया जाना चाहिए. आप अनुवाद इस दस्तावेज़ िी जरूरत िै, नीचे सूचीबद्ध फोन नंबरों पर MassDEP िी ववववधता ननदेशि से संपिण िरें. October 8, 2020 Town of Barnstable-DPW c/o Michael E. Count Foth Infrastructure & Environment, LLC 15 Creek Road Marion, MA 02738 Re: CZM Federal Consistency Review of Barnstable Harbor Entrance Channel and Blish Point Boat Ramp Access Channel Maintenance Dredging; Barnstable. Dear Mr. Count: The Massachusetts Office of Coastal Zone Management (CZM) has completed its review of the proposed Barnstable Harbor entrance channel and Blish Point boat ramp access channel maintenance dredging project in Barnstable to ensure consistency with CZM enforceable program policies. Based upon our review of applicable information, we concur with your certification and find that the activity as proposed is consistent with the CZM enforceable program policies. If the above-referenced project is modified in any manner, including any changes resulting from permit, license or certification revisions, including those ensuing from an appeal, or the project is noted to be having effects on coastal resources or uses that are different than originally proposed, it is incumbent upon the proponent to notify CZM, submit an explanation of the nature of the change pursuant to 15 CFR 930, and submit any modified state permits, licenses, or certifications. CZM will use this information to determine if further federal consistency review is required. Thank you for your cooperation with CZM. Sincerely, Lisa Berry Engler Director RLB/pb cc: Charles Farris, NED, US Army Corps of Engineers Christine Jacek, NED, US Army Corps of Engineers Christine Hopps, Massachusetts DEP David Wong, Massachusetts DEP Steve McKenna, CZM Cape Cod Regional Coordinator DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS NEW ENGLAND DISTRICT 696 VIRGINIA ROAD CONCORD MA 01742-2751 December 21, 2020 Regulatory Division File No. NAE-2015-1632 Philip Beaudoin Town of Barnstable Dept. of Public Works 382 Falmouth Street Barnstable, MA 02601 Dear Mr. Beaudoin: We have reviewed your application to mechanically dredge 658 cubic yards of sandy material to a depth of -6.0’ MLW with a one-foot overdredge. This material will be disposed of at an upland location. This project is located in Barnstable Harbor at Millway Road, Barnstable, Massachusetts. The work is shown on the enclosed plans titled “Maintenance Dredging, Blish Point Boat Ramp Channel”, on seven sheets, and dated “June 29, 2020”. Based on the information that you have provided, we verify that the activity is authorized under General Permit # 5 of the enclosed April 16, 2018 Federal permit known as the Massachusetts General Permits (GPs). Also, it has been determined that the activities authorized do not impair the usefulness of the USACE Navigation project and is not injurious to the public interest. This authorizes dredging and disposal of dredged material at an upland site as shown on the enclosed plans. Once this authorized dredging and disposal is completed, any future maintenance dredging will require a new authorization from this office. Please review the enclosed GPs carefully, including the general conditions beginning on page 19, to be sure that you and whoever does the work understand its requirements. A copy of the GPs and this verification letter shall be available at the project site throughout the time the work is underway. Performing work within our jurisdiction that is not specifically authorized by this determination or failing to comply with any special condition(s) provided below or all of the terms and conditions of the GPs may subject you to the enforcement provisions of our regulations. You must perform this work in compliance with the terms and conditions of the GP and also in compliance with the following special conditions. 1. The U.S. Coast Guard, Sector Southeastern New England, Waterways Management Division, (401) 435-2351, shall be notified at least ten working days in advance of the intended start date of the location and estimated duration of the dredging and disposal operations. An 2 alternate contact is the Coast Guard Sector Southeastern New England Command Center, Woods Hole, (508) 457-3211. 2. Dredge material shall be dewatered in the dewatering area shown on Sheet 2 of the enclosed plans. This will allow the suspended sediment to settle and the filtered water to evaporate, percolate into the ground, or flow back to Barnstable Harbor. The scheduling of dredging and dewatering shall be such that the capacity of the dewatering area is not exceeded under any circumstances. 3 The work authorized herein shall not be conducted during the time of year (TOY) restriction of February 1 to June 30 in order to minimize adverse impacts to winter flounder EFH and horseshoe crab spawning and development. 4. Dredge material should be disposed of upland above HTL, at least 100 feet away from mapped eelgrass beds. 5. Fuel spills from the refueling of construction equipment on-site will adversely impact sensitive resource areas. If equipment is refueled in resource areas, adequate containment and clean up material should be required. 6. Unless otherwise stated, all submittals required by these special conditions for dredging and disposal shall be emailed to the DQM contact at charles.n.farris@usace.army.mil and cenae- r-pats@usace.army.mil. If it is necessary to provide a paper copy of any submittal, please also provide a digital copy or communicate with our staff if this is not possible. Please send paper copies to: a) MAIL: PATS Branch - Regulatory Division, Corps of Engineers, New England District, 696 Virginia Road, Concord, MA 01742-2751; or b) FAX: (978) 318-8303. Direct dredge related questions to (978) 318-8336 or (978) 318-8338. Documents which are not addressed in this manner may not reach their intended destination and do not comply with the requirements of this authorization. This authorization expires on April 5, 2023. You must commence or be under contract to commence the work authorized herein by April 5, 2023, and complete the work by April 5, 2024. If not, you must contact this office to determine the need for further authorization before beginning or continuing the activity. We recommend that you contact us before this authorization expires to discuss reissuance. Please contact us immediately if you change the plans or construction methods for work within our jurisdiction. We must approve any changes before you undertake them. This authorization does not obviate the need to obtain other Federal, State, or local authorizations required by law. Your project is located within or may affect resources within the coastal zone. The Massachusetts Office of Coastal Zone Management (CZM) has already determined that no 3 further Federal Consistency Review is required. We continually strive to improve our customer service. In order for us to better serve you, we would appreciate your completing our Customer Service Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Please contact Charles Farris of my staff at (978) 318-8336 or (978) 318-8338 if you have any questions. Sincerely, Robert J. DeSista Chief, Policy and Technical Support Branch Regulatory Division Enclosures cc: Christine Player, Foth Engineering, cplayer@foth.com Ed Reiner, U.S. EPA, Region 1, Boston, Massachusetts, reiner.ed@epa.gov Chris Boelke, NMFS, Gloucester, MA; christopher.boelke@noaa.gov David Simmons, USFWS; david_simmons@fws.gov Bureau of Ocean Energy Management, Mapping and Boundary Branch; mapping.boundary.branch@boem.gov Robert Boeri, Coastal Zone Management, Boston, Massachusetts, robert.boeri@mass.gov Jim Mahala, Acting Chief, DEP SERO, Wetlands and Waterways, Lakeville, Massachusetts; jim.mahala@mass.gov David Wong, MassDEP, david.w.wong@mass.gov David Robinson, Massachusetts Board of Underwater Archaeological Resources (BUAR); david.s.robinson@mass.gov Darcy Karle, Barnstable Conservation Commission. darcy.karle@town.barnstable.ma.us c:\pw_workdir\pw_ie\fvd_jah9\d0284896\20200114_blish point boat ramp_usace SCALE IN FEET0GRAPHIC SCALEFOTH INFRASTRUCTURE ANDENVIRONMENT, LLC15 CREEK ROADMARION, MA 02738MAINTENANCE DREDGINGBLISH POINT BOAT RAMP CHANNELTOWN OF BARNSTABLEBARNSTABLE, MASSACHUSETTS382 FALMOUTH ROADHYANNIS, MA 02601SITE LOCATION PLANBLISH POINT BOATRAMP ACCESS CHANNELSCALE 1" = 4,500'DATE: JUNE 29, 2020SHEET 1 OF 722504500AERIAL FROM GOOGLE 2017CAPE CODBAYSANDYNECKBARNSTABLEHARBORSHEET 2 & 3DATUM:MLW = 0.0'MHW = +9.5'AHTL = +12.4'BLISH POINT BOAT RAMPCHANNELSANDY NECKBARRIER BEACHSYSTEM AREA OFCRITICALENVIRONMENTALCONCERN (ACEC) SHELLFISHSUITABILITY AREA(MA GIS)(TYP.)-6-6-6 216543BLISH POINT BOAT RAMPACCESS CHANNEL(SEE SHEET 3)OUTFALLLOCATION(TYP.)SANDY NECK BARRIER BEACHAREA OF CRITICALENVIRONMENTAL CONCERNEX. MID-ENTRANCE CHANNEL (955' LONG)PROP. DEWATERINGAREA (±34,000 SF)LANDUNDEROCEANCOASTALBEACHCOASTAL DUNEEX. O U T E R E N T R A N C E C H A N N E L ( 1 , 1 2 5 ' L O N G )SALTMARSHCOASTALBEACHCOASTALBEACHCOASTALDUNELANDUNDEROCEAN4567891013141517181112345678910111213c:\pw_workdir\pw_ie\fvd_jah9\d0284896\20200114_blish point boat ramp_usace SCALE IN FEET0GRAPHIC SCALEFOTH INFRASTRUCTURE ANDENVIRONMENT, LLC15 CREEK ROADMARION, MA 02738MAINTENANCE DREDGINGBLISH POINT BOAT RAMP CHANNELTOWN OF BARNSTABLEBARNSTABLE, MASSACHUSETTS382 FALMOUTH ROADHYANNIS, MA 02601PROPOSED SITE PLANBLISH POINT BOAT RAMPACCESS CHANNELDATE: JUNE 29, 2020SHEET 2 OF 7EBB FLOODBARNSTABLEHARBOR LEGEND6 0 'BLISHPOINTMLW= 0.0MLW= 0.0DREDGE AREASHELLFISH SUITABILITY AREA (FROM MAGIS)SALT MARSH (FROM CLE SURVEY DATED 06/08/2017 & MAGIS)COASTAL DUNE (FROM MAGIS)MEAN LOW WATER (MLW)MEAN HIGH WATER (MHW)ANNUAL HIGH TIDE LINE (AHTL)LIMIT OF BOAT RAMP ACCESS CHANNELAPPROXIMATE PROPERTY LINEFEMA FLOOD ZONESAHTL= 12 .4 'MHW= 9 .5 '125250DATUM:MLW = 0.0'MHW = +9.5'AHTL = +12.4'1FT BATHYMETRIC CONTOURS FROM SURVEY (1/14/2020)SANDY NECK BARRIER BEACH ACECMILLWAYBEACH 216543EX. 60' WIDEMID-ENTRANCECHANNELBLISH POINT BOAT RAMPACCESS CHANNEL85'24'A'AMLW = 0.0'MHW = +9 .5 '-6TOP OF SLOPESANDYNECKBARRIERBEACHAREA OFCRITICALENVIRONMENTALCONCERNAPPROX.SHORELINE(FROM MASSGIS) (TYP.)SHELLFISHSUITABILITY AREA(MA GIS)EX. PILES (TO BEREMOVED/REINSTALLED)COASTAL BEACH COASTAL DUNE LAND UNDER OCEAN EX. FLOATS & PILES TO BEREMOVED/REINSTALLEDPROP. HYDR. DREDGESEDIMENT PIPELINE (NOTREQUIRED FOR MECHANICALDREDGING ALTERNATIVE)B'BMLW = 0.0'MLW = 0.0'c:\pw_workdir\pw_ie\fvd_jah9\d0284896\20200114_blish point boat ramp_usace SCALE IN FEET0GRAPHIC SCALEFOTH INFRASTRUCTURE ANDENVIRONMENT, LLC15 CREEK ROADMARION, MA 02738MAINTENANCE DREDGINGBLISH POINT BOAT RAMP CHANNELTOWN OF BARNSTABLEBARNSTABLE, MASSACHUSETTS382 FALMOUTH ROADHYANNIS, MA 02601PROPOSED DREDGE PLANBLISH POINT BOAT RAMPACCESS CHANNELDATE: JUNE 29, 2020SHEET 3 OF 72550DATUM:MLW = 0.0'MHW = +9.5'AHTL = +12.4'BLISH POINT BOAT RAMP ACCESS CHANNELDREDGE DEPTH= -6.0' MLW w/ 3H:1V SIDESLOPES & 5H:1VSLOPE TO RAMP (SEE TYP. SECTIONS SHEETS 4 & 5)1' ALLOWABLE O.D= -7.0' MLWPROPOSED DREDGE AREA & VOLUME (NEXT EVENT):±5,676 SF (INCLUDING SIDESLOPES)±658 CY (INCLUDES SIDESLOPES AND 1' O.D.)TOTAL CHANNEL FOOTPRINT TO BE MAINTAINED = ±2,040 SFEST. MAX MAINTENANCE VOLUME (±1-3 YEAR CYCLE) = ±500 CYEBBFLOODLEGENDDREDGE AREASHELLFISH SUITABILITY AREA (FROM MAGIS)SALT MARSH (FROM CLE SURVEY DATED 06/08/2017 & MAGIS)COASTAL DUNE (FROM MAGIS)MEAN LOW WATER (MLW)MEAN HIGH WATER (MHW)ANNUAL HIGH TIDE LINE (AHTL)LIMIT OF BOAT RAMP ACCESS CHANNELAPPROXIMATE PROPERTY LINEFEMA FLOOD ZONES1FT CONTOURS FROM SURVEY (1/14/2020)SANDY NECK BARRIER BEACH ACEC -12-10-8-6-4-2024681012-12-1001002550750-25-50-75MLW EL. 0.0'EXISTING GRADE (VARIES)24'1'-ALLOWABLEOVERDREDGE(EL. -7.0' MLW)DREDGE DEPTH(EL. -6.0' MLW)MHW EL. 9.5'AHTL EL. 12.4'3H:1VSIDESLOPE(TYP.)31c:\pw_workdir\pw_ie\fvd_jah9\d0284896\20200114_blish point boat ramp_usace SCALE IN FEET0GRAPHIC SCALEFOTH INFRASTRUCTURE ANDENVIRONMENT, LLCMARION, MA 02738MAINTENANCE DREDGINGBLISH POINT BOAT RAMP CHANNELTOWN OF BARNSTABLEBARNSTABLE, MASSACHUSETTS382 FALMOUTH ROADHYANNIS, MA 02601TYPICAL SECTIONBLISH POINT BOAT RAMPACCESS CHANNELDATE: JUNE 29, 2020SHEET 4 OF 7DATUM:MLW = 0.0'MHW = +9.5'AHTL = +12.4'125250TYPICAL SECTION A-A'BLISH POINT BOAT RAMP ACCESS CHANNELHORIZONTAL SCALE: 1"=50'VERTICAL SCALE: 1"=5'1 INCH = FEET(IN FEET)GRAPHIC SCALE051052.5VERTICAL SCALE1 INCH = FEET(IN FEET)GRAPHIC SCALE0501002550HORIZONTAL SCALE -12 -10 -8 -6 -4 -2 0 2 4 6 8 10 12 MLW EL. 0.0' MHW = EL. 9.5' AHTL = EL. 12.4' EX. GRADE (VARIES) LIMIT OF MID-ENTRANCE CHANNEL WIDTH = 60' 5H:1V SLOPE 1' ALLOWABLE OVERDREDGE TO -7' MLW DREDGE TO -6.0' MLW 1V 5H MATCHLINEEX. PILE (TYP.) TO REMAIN EX. GRADE (VARIES) EX. SEDIMENT ON RAMP TO BE REMOVED BY TOWN EL. -3.0FT MLW EX. TIMBER FLOATS (TYP.) 5H:1V SLOPE DREDGING BEGINS AT BOTTOM OF EX. RAMP 1V 5H EX. RAMPMATCHLINEc:\pw_workdir\pw_ie\fvd_mec3\d0284896\20200114_bstble outer harbor_usace SCALE IN FEET0GRAPHIC SCALEFOTH INFRASTRUCTURE ANDENVIRONMENT, LLCMARION, MA 02738MAINTENANCE DREDGINGBLISH POINT BOAT RAMP CHANNELTOWN OF BARNSTABLEBARNSTABLE, MASSACHUSETTS382 FALMOUTH ROADHYANNIS, MA 02601TYPICAL SECTIONBLISH POINT BOAT RAMPACCESS CHANNELDATE: JUNE 29, 2020SHEET 5 OF 7DATUM:MLW = 0.0'MHW = +9.5'AHTL = +12.4'125250TYPICAL SECTION B-B' BLISH POINT BOAT RAMP ACCESS CHANNEL HORIZONTAL SCALE: 1"=50' VERTICAL SCALE: 1"=5' 1 INCH = FEET (IN FEET) GRAPHIC SCALE 0 2 421 VERTICAL SCALE 1 INCH = FEET (IN FEET) GRAPHIC SCALE 0 20 401020 HORIZONTAL SCALE