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20250708 Barnstable Harbor and Blish Point NOI_Part-1
Notice Of Intent Application Barnstable Harbor Entrance Channel & Blish Point Boat Ramp Access Channel Maintenance Dredging Project Town Of Barnstable Barnstable, MA June 2025 Project ID: 0024B021.00Solving our clients’ toughest science and engineering challenges. Barnstable Harbor Entrance Channel & Blish Point Boat Ramp Access Channel Maintenance Dredging Project Project ID: 0024B021.00 Prepared for The Town Of Barnstable 367 Main Street Hyannis, MA, 02601 Prepared by Foth Infrastructure & Environment, LLC June 2025 Copyright©, Foth Infrastructure & Environment, LLC 2025 114 Touro St. • Newport, RI 02840 • (401) 236-0360 foth.com REUSE OF DOCUMENTS This document (including any enclosures and attachments) has been prepared for the exclusive use and benefit of the addressee(s) and solely for the purpose for which it is provided. Any use outside of said purpose and/or by anyone other than the addressee(s) is at the unauthorized user’s sole risk. NOTICE OF INTENT Foth•1 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA Barnstable Harbor Entrance Channel & Blish Point Boat Ramp Access Channel Maintenance Dredging Project Table of Contents Appendices Exhibit A Project Locus Exhibit B Project Narrative Exhibit C Correspondence Exhibit D FEMA Flood Map Exhibit E NOI Permit Plans Exhibit F Record Permits and Documents Exhibit G MA DEP Sampling Plan, Results, Core Logs Exhibit H MA NHESP Habitat Maps Exhibit I Abutters list, Map, Notification Form Exhibit J Project Photos Project Narrative Page 1. General Overview ...................................................................................................................... 3 1.1 Site Description ............................................................................................................ 4 1.2 Project Need & Purpose .............................................................................................. 5 1.3 Scope of Work .............................................................................................................. 6 2. Site Usage and History ............................................................................................................. 7 2.1 Sediment Sampling and Analysis ............................................................................... 8 3. Dredge Site History .................................................................................................................. 9 3.1 Alternatives Analysis ................................................................................................ 10 3.1.1 Dredging Alternatives ................................................................................ 10 3.1.2 Sediment Disposal Alternatives Analysis ................................................. 11 3.2 Avalible Bathymetric and Topographic Information .............................................. 13 4. Dredging & Disposal Operation ............................................................................................. 13 5. Regulatory Approvals ............................................................................................................. 14 6. Performance Standards to Avoid, Minimize and Mitigation Impacts to Coastal Resource Areas & Habitat ...................................................................................................................... 14 6.1 Minimization of Impacts .......................................................................................... 20 7. Summary ................................................................................................................................. 21 NOTICE OF INTENT Foth•2 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA Tables Table 1: Summary of State, Local, and Federal Authorizations issued for Dredging Barnstable Harbor & Entrance Channels ................................................................................................................ 9 Table 2: Summary of Impacts to Land Under Ocean (LUO) from Proposed Dredging of The Barnstable Harbor Mid-Entrance Channel and Blish Point Boat Ramp Access Channel .............. 15 Table 3: Summary of Impacts to Coastal Beach from Proposed Dredging of The Barnstable Harbor Mid-Entrance Channel and Blish Point Boat Ramp Access Channel ................................. 17 Table 4: Summary of Impacts to Land Containing Shellfish (LCS) from Proposed Dredging of The Barnstable Harbor Mid-Entrance Channel and Blish Point Boat Ramp Access Channel ....... 19 Table 5: Summary of Impacts to NHESP Priority/Estimated Habitat from Proposed Dredging of The Barnstable Harbor Mid-Entrance Channel and Blish Point Boat Ramp Access Channel ....... 20 wpaform3.doc • rev. 12/4/2023 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): a. Street Address b. City/Town c. Zip Code Latitude and Longitude: d. Latitude e. Longitude f. Assessors Map/Plat Number g. Parcel /Lot Number 2. Applicant: a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): a. First Name b. Last Name c. Company d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform3.doc • rev. 12/4/2023 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town A. General Information (continued) 6.General Project Description: 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8.Property recorded at the Registry of Deeds for: a. County b. Certificate # (if registered land) c. Book d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 12/4/2023 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 12/4/2023 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town B.Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b.Land Under the Ocean 1. square feet 2. cubic yards dredged c.Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d.Coastal Beaches 1. square feet 2. cubic yards beach nourishment e.Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f.Coastal Banks 1. linear feet g.Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i.Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k.Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l.Land Subject to Coastal Storm Flowage 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 12/4/2023 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C.Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1.Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c.Submit Supplemental Information for Endangered Species Review∗ 1. Percentage/acreage of property to be altered: (a)within wetland Resource Area percentage/acreage (b)outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ∗∗ (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b)Photographs representative of the site ∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 12/4/2023 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Bourne to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Plymouth to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 12/4/2023 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 12/4/2023 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town D. Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. a. Plan Title b. Prepared By c. Signed and Stamped by d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 2. Municipal Check Number 3. Check date 4. State Check Number 5. Check date 6. Payor name on check: First Name 7. Payor name on check: Last Name wpaform3.doc • rev. 12/4/2023 Page 9 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town F.Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. 1. Signature of Applicant 2. Date 3. Signature of Property Owner (if different)4. Date 5. Signature of Representative (if any)6. Date For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the “yes” box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. 7-1-25 noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: a. Street Address b. City/Town c. Check number d. Fee amount 2. Applicant Mailing Address: a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property Owner (if different): a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Step 5/Total Project Fee: Step 6/Fee Payments: Total Project Fee: a. Total Fee from Step 5 State share of filing Fee: b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Chap 707/rev. February 2025 Page 1 CHAPTER 707 Regulation Governing Minimum Submission Requirements for a Notice of Intent Application The Barnstable Conservation Commission has adopted the following requirements in order to obtain more consistently complete submission documents necessary for a thorough and efficient review of all Notice of Intent (NOI) applications. Failure to complete any of the items in this checklist may result in your application being denied. Applicant or applicant’s agent should check each box denoting that the task has been completed or in certain instances, like field staking, denoting that the task will be completed. The following submission checklist covers the requirements of Chapter 237, Wetlands Protection, of the Part I General Ordinances of the Code of the Town of Barnstable. This checklist shall be submitted to the Barnstable Conservation Division with the NOI application. 1. Requirements a. The applicant understands, unless they’ve instructed otherwise, they are applying both under the Massachusetts Wetlands Protection Act M.G.L. c.131,§40 and Chapter 237 of the Town of Barnstable General Ordinances. b. Attach a written narrative to the NOI application (WPA Form 3), available at: www.mass.gov/eea/agencies/massdep/service/approvals/wpa-form-3.html describing any project impacts and proposed mitigation as they relate to the following: 1) Any of the interests of Chapter 237 of the General Ordinances and the MassDEP Wetlands Protection Act M.G.L. 131, §40. 2) The performance standards contained in the MassDEP Wetlands Protection Regulations (310 CMR 10.00) 3) Chapter 704: Regulation Governing Activity in the 100-ft. Buffer Zone. 4) Chapter 703: Private Docks and Piers. 5) Any other applicable regulations (310 CMR 10.00 or as promulgated under Chapter 237 of the General Ordinances). c. Enclose proper payment to cover the fee for Chapter 237 filings. Consult current Fee Schedule at www.townofbarnstable.us/Conservation d. Please indicate who is to record the Order of Conditions (check one): Applicant Agent 2. Abutter Notification (See Abutter Notification Regulation, Chapter 706) Town of Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 Office: 508-862-4093 E-mail: conservation@town.barnstable.ma.us Chap 707/rev. February 2025 Page 2 a. Contact the Conservation Division office at (508) 862-4093 regarding the docketing process, or see current schedule of Conservation Hearings and submission deadlines at: www.townofbarnstable.us/Conservation/ b. Provide a copy of the list of abutters within a 100 ft radius of the project parcel. c. Provide a copy of the Assessor’s Map indicating the parcel of the project site and showing the 100 ft radius of the project parcel. d. Provide a copy of the abutter notification letter. Use the form letter provided in our Abutter Notification Regulation (Chapter 706), available on the Conservation Division website. e. Email copies of the green return receipts, from the certified mailings to the abutters, as proof of notification . If any mailings are returned, email a copy of the entire envelope, indicating by postal service stamp the reason for return. You will retain the receipts afterwards, not the Conservation Division. f. I further certify under the penalties of perjury that all abutters were notified of the Notice of Intent Application, pursuant to the requirements of Chapter 237 of the General Ordinances of the Code of the Town of Barnstable. Notice must be made in writing by certified mail to all abutters within 100 ft of the property line of the project location. _______________________________________ Signature of Applicant or Representative Date 3. Field Staking: a. On or before Tuesday, @ 8:30 a.m., one week prior to the scheduled public hearing, have your project staked by a professional engineer or registered land surveyor showing all outside corners of all proposed structures and the continuous proposed “limit of work” line. b. Have a wetland scientist or other qualified professional flag all wetland resource areas on or within 100 ft of the work area. Make sure that the flags are sequentially numbered. c. Provide a project identification stake with bright painted top and applicant name and address, easily visible from the street approaching the site. 4. Legal Advertisement Fees: a. Conservation will submit the legal ad for publication in a local newspaper. The applicant or his/her agent is responsible for payment, by check (payable to the Town of Barnstable), at the hearing or by mail. The cost of the legal ad will be pre-calculated and posted on the hearing agenda prior to the hearing. 5. Minimum Documentation for a Complete Application: a. Provide a completely filled-out (in all parts) NOI application as locally adopted for the Town of Barnstable, including MassDEP Vegetated Wetland Field Data Form. Indicate Assessor’s map and parcel of the project, as well as the street or road address, and pertinent village (i.e., Hyannis, Centerville, Barnstable, etc). b. Provide two (2) original project plans, stamped in blue or red ink (wet stamp). Plans must be signed and dated by a Massachusetts licensed, professional engineer, land surveyor, architect or landscape architect (as applicable), and shall be drawn at a readable scale (1" = 20' preferred). For multi-acre sites, a second site plan, drawn at larger scale showing the entire site, should also be provided. 7/7/2025 Chap 707/rev. February 2025 Page 3 c. Provide a signed Permission to Access Property, Form PA. The form must be signed by the property Owner, or legal representative and submitted with the NOI. . Form PA is available at www.townofbarnstable.us/Conservation/. d. For projects requiring mitigation plantings under Chapter 704 -3, 704-4, and 704-5, mitigation planting location(s) shall clearly be shown on landscaping planting plan. The planting plan shall include: 1. species (chosen from the Town of Barnstable Conservation Commission approved planting lists), sizes, densities and/or quantities. 2. area calculations in 0’ - 50’ and 50’ – 100’ separately for the amount of mitigation planting required. 3. the amount of mitigation planting proposed. 4. a note or indication stating the area between the proposed plants will either be planted with an appropriate native seed mix or left to naturalize. 5. a note stating mulch may only be used under the dripline of proposed plants. 6. demarcation markers along the landward side of the mitigation planting area. The type of demarcation marker shall be selected from the list approved by the Conservation Commission. e. Provide detailed, written street directions to the locus (site). f. Provide a copy of a U.S.G.S. locus map indicating the general area of the project site. g. Provide a check for the Town of Barnstable portion of the required filing fee. (The portion payable to the Commonwealth, see 7. e. below) h. Provide any other documentation, photographs, architectural renderings or other supporting data prepared by professionals competent in the field which may be relevant to the application. 6. The site plan shall also show: a. All existing and proposed contours at 2-ft. minimum intervals (1-ft. preferred). b. Clear delineation of all existing and proposed structures and features. Building structures must be accurately dimensioned (fixed location) from property lines and wetland resource areas. Plans shall provide sufficient detail to show all potential wetland impacts, mitigation, compensatory areas, engineered structures, utilities, landscaping, etc. within the area of jurisdiction. On complicated sites, existing and proposed conditions must be shown on separate sheets. c. Locus inset map of the site clearly showing its location relative to surrounding public streets. d. All wetland resource area flags by individual flag number (matched to the field) to clearly identify all resource areas on or within 100 feet of the work area. The individual who performed the flagging and date of flagging shall be identified on the plan next to the resource line. e. Section views showing changes in grade, cuts and fills. 7. SUBMISSION OF THE COMPLETED APPLICATION WITH PLANS: a. Email NOI application and all associated materials in PDF format to Kimberly.Cavanaugh@town.barnstable.ma.us AND Edwin.Hoopes@town.barnstable.ma.us Do not include copies of checks. All attachments must be named with the hearing date (year first), type, name, address. Examples 20220301 NOI Smith 21 Main Street or 2022031 NOI Plan Smith 21 Main Street. c. Provide two (2) full NOI applications with folded plans (colored ink stamp) with signature/date to the Town of Barnstable Conservation Division Office for administrative use; Chap 707/rev. February 2025 Page 4 d. Provide seven (7) additional collated copies of the NOI (with folded plans and all pertinent data attached) to the Barnstable Conservation Division Office for distribution to, and review by, Conservation Commission members. Any supplementary documentation for administrative and commission review should be submitted as soon as possible prior to the scheduled public hearing.* e. Mail one (1) copy of the complete NOI with plan(s) to the Massachusetts Department of Environmental Protection (MassDEP) Southeast Regional Office, 20 Riverside Dr., Lakeville, MA 02347. Send MassDEP portion of filing fee to: MA Department of Environmental Protection, Box 4062, Boston, MA 02211. MassDEP also recommends applicants send their Notices of Intent by email to SERO_NOI@mass.gov. f. For roadway construction or repair projects, provid e one electronic copy of the NOI and plans to the Senior Project Manager Special Projects, c/o the Town of Barnstable Department of Public Works, 382 Falmouth Road, Hyannis, MA 02601. g. For coastal piers, dredging, coastal engineering structures or other coastal erosion control projects, provide two hard copies of the NOI and plans to the Shellfish Biologist, c/o Town of Barnstable Natural Resources, 1189 Phinney’s Ln., Centerville, MA 02632. In addition, email a (PDF) version to: 1) shellfishNOI@town.barnstable.ma.us. (Email must be sent the same day as submission to the Conservation Division); and 2) conservationprojects@town.barnstable.ma.us h. Also, for coastal piers, dredging, coastal engineering structures, provide two hard copies of the NOI and plans to the Harbormaster, c/o Town of Barnstable Marine and Environmental Affairs (MEA), 1189 Phinney’s Ln., Centerville, MA 02632. In addition, email a (PDF) version to: 1) harbormaster@town.barnstable.ma.us. (Email must be sent the same day as submission to the Conservation Division); and 2) conservationprojects@town.barnstable.ma.us Note: Please title the file for your NOI project as follows: a. Submission date, b. Last name of applicant, c. Map/parcel of property, e.g., 082316-Smith-076024. *Note: If a revised plan needs to be submitted prior to a hearing, please follow same instructions as 7. b. above (and submit to other entities as may be applicable). Plan revisions must be clearly noted and dated in the revision block. (The same individual who stamped the original plan must also stamp and sign the revised plan). Submitted this day of in the year in accordance with the Town of Barnstable “Regulation Governing Minimum Submission Requirements for a Notice of Intent Application” by: (Print Name) Owner / Applicant Signature Telephone Number Owner’s Authorized Agent Signature Telephone Number Approved: May 28, l997 Revised March 15, 2022 Revised: May 12, 2015 Revised February 5, 2025 Revised: August 23, with minor rev. Sept. 6, 2016 Adopted Mar Property o Applicant’ Project st Barnstabl Applicant’ ACCESS As the Ow the Mas General designate purpose o (Notice o possible, either wee understan to inspect I/we conf Commiss regarding 1. F ap 2. F of pr I have rea ________ Signature ________ Represen rch 15, 2022, effec owner’s name ’s (Represent reet address_ e Assessor’s ’s Contact Ph TO PROPER wner(s) of the sachusetts W Ordinances ed staff are a of reviewing t f Intent or R notice will be ekdays or we nd that if attem t the outside a firm my/our ioners, its ag this applicati rom the subm pproval of the rom the issua f the project a roject. ad the above ___________ e of property ___________ ntative’s sign ctive April 18, 202 P e(s): _______ tative’s) Name ___________ Map & Parce hone Number: RTY PERMIS e above refer Wetlands Prot (Chapter 23 authorized, a the existing c Request for D e provided to t eekends as ne mpts to conta areas of said understandin gent, and its on for the pe mission of the e Notice of Int ance of the O and the final e and I under ____________ y owner ____________ nature C Office: 508- 22. Permission ___________ e(s)________ ____________ el: Map___ : SION renced prope tection Act (M 37), the Bar as a matter o conditions an Determination the applicant ecessary for t act me are un property unde ng the purpo s designated riod as descr e Application tent Request Order(s) of Co inspection by rstand and a __ __ Tow Conserv Hyann -862-4093 to Access P ____________ ___________ ____________ _______ erty, I/we have MGL Ch 131 rnstable Con of law, to ente d the propos ) to the Ba prior to the v the Commiss nsuccessful, t er this applica ose of this d staff, to en ibed below: (Notice of In or Request fo onditions (app y the Conser gree to allow ____ Date ____ Date wn of Ba vation C 230 South nis Massach E-mail: con Property ___________ ___________ ___________ Parcel___ e been advis 1, Section 40 nservation C er the outsid sed work as d arnstable Con visit. Visits wil sion and its ag the Commiss ation. permission a nter the outs ntent or Requ or Determinat proval for No rvation staff to w inspection ___________ e signed ___________ e signed arnstab Commi Street husetts 0260 nservation@to ___________ ____________ ___________ _________ sed that unde 0) and the To ommission, e areas of th described in nservation Co l occur during gent to exam sioner or its a and I/we gra side areas o uest for Deter tion; and tice of Intent) o confirm the s as describ ________ ________ ble ission 01 own.barnstab ___________ ___________ ____________ er the provisio own of Barns its Agents o he property fo my/our applic ommission. W g daylight hou ine said prop agent may pro ant permissi of my/our pro rmination) un ) to the comp e completion bed. ble.ma.us Form _____ ____ _____ ons of stable or its or the cation Where urs on perty. I oceed on to operty ntil the pletion of the m PA 7-1-25 NOTICE OF INTENT Foth•22 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA Exhibit A Project Locus NOTICE OF INTENT Foth•23 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA Exhibit B Project Narrative NOTICE OF INTENT Foth•3 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA 1. General Overview The Town of Barnstable (Town) is submitting a Notice Of Intent (NOI) and supplemental documentation to conduct maintenance dredging within the existing Barnstable Harbor Mid-Entrance Channel and at the Blish Point Boat Ramp Access Channel. Maintenance dredging is required on a frequent basis to ensure continued safe navigation and access within Commonwealth waters. Due to the similar dredge frequencies required to maintain the existing authorized channels (±5-year Entrance Channels; ±3-year Boat Ramp Access Channel), the Town is looking to obtain authorization for dredging and disposal activities for both areas under the one set of permits. The proposed project will consist of maintaining the existing navigational elements described below with dredged material disposed of upland, at an approved facility, or at the Cape Cod Bay Disposal Site (CCBDS). Figure 1 provides a site locus of the proposed dredge area. Figure 1: Project Locus The Barnstable Harbor Mid-Entrance Channel and Blish Point Boat Ramp Access Channel were last dredged by the Town in 2021. Maintenance dredging of the entrance channel is frequently required and performed on a ±5-year basis by the Town. A total of ±5,500 cubic yards (CY) of sediments was mechanically dredged and disposed at the CCBDS as part of this last maintenance effort. The Outer Entrance Channel was dredged in 2022 with sandy sediments hauled to Sandy Neck Public Beach for use as beach nourishment. Prior to the 2022 event, Outer Entrance Channel sediments were hydraulically dredged by the Barnstable County Dredge (BCD) and reused for CHANNEL DREDGE AREA NOTICE OF INTENT Foth•4 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA nourishing beach areas at Millway Beach, the Sandy Neck Public Beach and the Sandy Neck Cottage Area. The BCD also previously performed the maintenance dredging of the Mid-Entrance Channel using hydraulic methods. Sediments removed from the Mid-Entrance Channel historically have been too fine-grained for reuse as beach nourishment, and as such, they were pumped into the Blish Point Dredge Sediment Containment Basin (BPDSCB). The BPDSCB consisted of an existing dune area that was periodically excavated to dewater and temporarily store fine-grained (uncontaminated/clean) dredge sediments. Upon the next round of dredging, dewatered fine-grained sediments would be excavated from the BPDSCB and hauled to an approved upland location. Based upon available records, the BPDSCB was first used in the 1970s and periodically through 2009 when it became unserviceable due to storm damage/erosion of the dune that occurred during the winters of 2012 and 2013. Due to the loss of the BPDSCB, the preferred/most cost-effective disposal alternative for sediments dredged from the Mid-Entrance Channel has been through the utilization of the CCBDS or at an approved upland disposal facility. The Blish Point Boat Ramp Access Channel was first dredged by the Town as a navigation improvement project during the 2012-2013 season. A total of 342 CY of sediments were removed using mechanical methods as part of this effort. All sediments removed from the access channel were intended to be disposed at the CCBDS; however, only 84 CY of sediment was dumped offshore prior to the site closure which occurs on December 31st of each calendar year for protection of the Right Whale. As such, the remaining 258 CY of sediment was beneficially reused to construct a noise attenuation berm at the Town’s shooting range. Maintenance of the Boat Ramp Access Channel is required on a ±3 year basis and given that the last dredging event was in January 2021, maintenance is currently overdue. For this proposed dredging event, the Town proposes mechanical dredging of the Mid-Entrance Channel and Blish Point Boat Ramp Access Channel to the previously authorized depths. Sediments will be loaded into scows and towed to CCBDS or an appropriate waterfront facility for offloading and trucking to the approved upland disposal site. Construction is anticipated to start in the Fall of 2025 and be completed prior to December 31, 2025. 1.1 Site Description Barnstable Harbor is located on the north side of Cape Cod, MA and directly connects to the rest of Cape Cod Bay. The Sandy Neck Barrier Beach System ACEC (Area of Critical Environmental Concern) contains most of Barnstable Harbor but does not extend past the Blish Point Boat Ramp heading inbound. The site experiences a 10–12-foot tide swing, thus massive amounts of water are exchanged throughout the harbor daily. The large tide swing accompanied by coastal storms have the ability to transport quantities of sediment, with the finer sands and silts settling out in the mid-entrance and inner harbor area. Navigational concerns of shoaling in the channel and poor navigability at low to mid-tide were identified by the local Harbormaster. A combined hydrographic and topographic survey was conducted on July 9th, 2024, to assess existing depths within the existing Barnstable Habor Mid-Entrance channel which confirmed the need for maintenance dredging. Barnstable Harbor Mid-Entrance Channel consists of a 6-foot deep and 60-foot-wide channel that extends a distance of approximately ±955 linear feet (LF) from STA 8+20 to STA 17+75. The channel that was most recently authorized in 2020-2021 to maintain a depth of 6 feet MLLW and the shoaling in this channel is presented in Exhibit E, Permit Plans. A TIN-TIN volume NOTICE OF INTENT Foth•5 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA computation between the July 9th, 2024, Survey and the 6-foot Entrance Channel prism shows ±1,837 CY of material available, including over depth and 3H:1V side slopes. Blish Point Boat Ramp is located Off Route 6A, 329 Millway Road in Barnstable MA and is one of the busiest boat ramps on the north side of the Cape. The authorized total maintenance footprint of the Blish Point Boat Ramp Access consists of a 6-foot deep and 25-foot-wide channel that extends a distance of approximately ±85 linear feet (LF) from where it ties into the Barnstable Harbor Mid-Entrance Channel. Approximately ±401 CY of sediments are proposed to be removed from boat ramp channel. The Project Site is located within the following FEMA Flood Zones on Map 25001C0394J (eff. 7/16/2014): Barnstable Harbor Mid-Entrance Channel Zone VE El. 15 NAVD88 (20.67 feet MLLW), and The Blish Point Boat Ramp falls in Zone AE El. 12 (17.67 feet MLLW). FEMA Flood Insurance Rate Maps for the project can be found in Exhibit D. The tidal datum for this project has been established using NOAA’s VDatum Online, Version 4.5.1, as follows: Mean Lower Low Water (MLLW) = 0.0 feet; Mean Low Water (MLW) = +0.28 feet; Mean High Water (MHW) = +9.91 feet; and Annual High Tide Line (AHTL) = +12.54 feet. The conversion between the North American Vertical Datum of 1988 (NAVD88) to MLLW is +5.67 feet. 1.2 Project Need & Purpose The purpose of the proposed project is to seek regulatory approvals so that the Town can conduct maintenance dredging of Mid-Entrance Channel entering Barnstable Harbor and at Blish Point. Both channels are inter-dependent upon each other and require frequent maintenance to ensure continued safe public access and use of Commonwealth waters. The project will consist of the hydraulic or mechanical dredging of the existing navigation channel to a depth of -6.0 feet Mean Lower Low Water (MLLW) with a one (1) foot allowable over depth to -7.0 feet MLLW and approximate 3H:1V sideslopes. As in past maintenance events within the Barnstable Harbor Mid-Entrance Channel & Blish Point Boat Ramp Access Channel, dredge sediments are not anticipated to be suitable for beneficial reuse. Dredge Sediments are expected to be suitable for upland disposal or offshore disposal at the CCBDS, however, the Town is presently pursuing upland disposal as the preferred alternative to address the short-term need for dredging. The last maintenance dredging of the Mid-Entrance Channel was completed by the Town in January 2021. This effort was necessary to removed shoaling that had occurred since the last dredging event in 2017. A hydrographic survey of the Entrance Channel was performed on 9 July 2024, approximately 3.5 years after the last dredging event. As shown on the Dredge Plan provided in Exhibit A, the Mid-Entrance Channel and Blish Point Boat Ramp Entrance Channel are beginning to show signs of shoaling. Given the typical ±5-year and ±3-year respectively, maintenance frequency that is required for navigational safety at these sites, the next dredge cycle is anticipated to occur during the 2025-2026 season at which time the total dredge volume is anticipated to have further increased based upon previous dredging maintenance cycles. NOTICE OF INTENT Foth•6 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA 1.3 Scope of Work Mid-Entrance Channel The authorized total maintenance footprint of the Mid-Entrance Channel consists of a 6-foot deep and 60-foot-wide channel that extends a distance of approximately ±955 linear feet (LF) from STA 8+20 to STA 17+75. The proposed maintenance dredging within the Barnstable Harbor Mid-Entrance Entrance Channel will be performed within currently authorized limits and depths using mechanical methods with dredging being performed to -6 feet Mean Lower Low Water (MLLW) and including a 1-foot allowable over depth (OD) to -7 feet MLLW and 3H:1V sideslopes. Dredge sediments removed from this portion of the Entrance Channel have historically been too fine-grained to be beneficially reused for the purpose of nourishment. From the 1970s to 2009, sediments were hydraulically pumped into the BPDSCB for dewatering/temporary storage. The BPDSCB is no longer a viable containment site due to storm damage and erosion that occurred to the dune during the winters of 2012 and 2013. The last maintenance dredging of the Mid-Entrance Channel was completed by the Town in January 2021 with sediments being disposed offshore at the CCBDS. As shown on the Permit Plans provided in Exhibit E the entire access channel exhibits signs of shoaling, and there is reduced water depth existing during periods of low tide. This channel requires periodic maintenance dredging on a ±5-year basis and is presently in need of it. The proposed maintenance dredging of the Mid-Entrance Channel is currently anticipated to consist of an estimated ±1,837 cubic yards (CY), including a 1-foot allowable over depth and 3H:1V sideslopes. Figure 2: View of Mid-Entrance Channel at low tide on April 30, 2025 Blish Point Boat Ramp Access Channel The authorized total maintenance footprint of the Blish Point Boat Ramp Access Channel consists of a 6-foot deep and 24-foot-wide channel that extends a distance of approximately ±85 linear feet (LF) from where it ties into the Barnstable Harbor Mid-Entrance Channel. This channel was first dredged by the Town in 2012-13 to improve navigable access from the Blish Point Public Access Boat Ramp to the Barnstable Harbor Entrance Channel. The proposed maintenance NOTICE OF INTENT Foth•7 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA dredging of the access channel will be performed within currently authorized limits and depths using either hydraulic or mechanical methods with dredging being performed to -6 feet Mean Lower Low Water (MLLW) and including a 1-foot allowable over depth (OD) to -7 feet MLLW, 3H:1V sideslopes, and a 5H:1V boat ramp slope. Sediments removed from the maintenance dredging last conducted in 2020-21 were too fine-grained to be beneficially reused for the purpose of nourishment. In past dredge projects, sediments have been deemed suitable for unconfined offshore disposal at CCBDS (without performing biological testing), beneficial upland reuse fill at the Town’s shooting range and the Robert Child’s Waste Reclamation Facility, and daily cover at the Town of Bourne Public Landfill. As shown on the Permit Plans provided in Exhibit E, and Figure 3 below, the entire Boat Ramp and access 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 ±3-year basis and is presently coming due. The proposed maintenance dredging of the boat ramp access channel is anticipated to consist of an estimated ±506 cubic yards (CY), including a 1-foot allowable over depth, 5H:1V boat ramp slope, 3H:1V side slopes and the volume of sediment covering the concrete boat ramp. Figure 3: View of Severe Shoaling at Blish Point Boat Ramp at low tide on April 30, 2025 The prior Order of Conditions, MADEP Chapter 91 Waterways dredge permit, and USACE permit have both expired for conducting maintenance dredging of the access channel. Therefore, an updated round of sediment sampling and analyses is required to obtain approval for sediment disposal and a new MADEP 401 Water Quality Certification which has expired. The Town is currently pursuing USACE and MADEP confirmation that the sediments are suitable for offshore disposal at CCBDS or upland disposal at an approved facility. Sediment Sampling occurred on April 30, 2025, and is described below in Section 2.1. Copies of all record permits are provided in Exhibit I. 2. Site Usage and History Based upon record documents research and information found to be available for the Barnstable Harbor region, the Entrance Channel was first dredged under MA DPW Contract #535 in 1938. Subsequent dredging efforts were performed by the State in 1962 (MA DPW Contract #2376), NOTICE OF INTENT Foth•8 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA 1974 (MA DPW Contract #2779) and 1998 (MA DEM Contract #3356-D). Following the 1998 event by the State, the Town assumed the direct responsibility for performing maintenance dredging during the 2005-06, 2008-09, 2015-16 and 2016-17 seasons with the most recent effort being completed in January 2021. The existing 6-foot-deep Entrance Channel in its’ entirety is 60 feet wide, 2,080 feet long and commences from just south the Blish Point Public Access Boat Ramp and extends seaward into Barnstable Harbor. The Entrance Channel is sub-divided into “Outer” and “Mid” sections due to the physical characteristics of dredge sediments. Outer Entrance Channel sediments have historically consisted of beach quality sand suitable for the purpose of beneficial reuse as nourishment at Town-owned beaches which have included Millway Beach, Sandy Neck Public Beach and the Sandy Neck Cottage Area. Sediments within the Mid-Entrance Channel have historically yielded clean (uncontaminated) sediments that have been too fine-grained for beneficial reuse along beach areas, so they were pumped/stored in the nearby BPDSCB from the 1970s through 2009. This sediment disposal option, however, became unavailable due to storm damages/erosion that occurred to the dune that housed the BPDSCB during the winters of 2012 and 2013. In 2017, the Town obtain authorization for sediments to be disposed at CCBDS. The maintenance dredging of the Outer Entrance and Mid-Entrance Channels was last authorized under the regulatory approvals identified in Table 1 below. 2.1 Sediment Sampling and Analysis A request for Sediment Sampling and Analysis Plan was submitted to the USACE and MADEP 401 Water Quality Program (WQC) on January 6, 2025. The Town requested to sample and test the Mid-Entrance Channel and Boat Ramp for disposal suitability at Cape Cod Bay Disposal Site (CCBDS) as well as upland facilities. On February 18, 2025, the Town received MADEP’s authorization to sample three (3) proposed locations so that the Town could be covered for putting together an upland disposal project alternative in the short-term, as it was not anticipated that a USACE SAP would be received in time. The Town and Foth scheduled sampling for April 30, 2025, with a plan to only collect sediment for 401 WQC testing. The USACE issued a SAP on April 25, 2025 under NAE-2012-0990 (Exhibit G), the week before the proposed sampling. MADEP reached out to Foth and confirmed their concurrence with the USACE SAP. The Army Corps was requiring one additional sample to make four (4) total samples. Foth and the Town confirmed with the sampling contractor, TGB Marine Inc., and the laboratory, Pace Analytical, that the additional sample and testing requirements could still be achieved on the proposed sampling date. All parties concurred and sampling took place on April 30, 2025. The four sample locations showed no stratification upon processing the cores. Cores were collected and processed following Foth’s Standard Operating Procedure for New England Vibrocore Sediment Sampling. Field classification (ASTM-D2488) resulted in a predominately sandy silt at the Boat Ramp (BH-2) and marine silt with organics in the Mid-Entrance Channel (BH-1, BH-3, & BH-4). At the time of this submittal, the USACE and DEP have approved the Field Logs for accuracy and authorized the lab analysis. Once complete, results will be shared with USACE and MADEP in order for the agencies to authorize disposal at either CCBDS (USACE) or an upland facility (MADEP). The upland facilities being considered include, but are not limited to, the Kurker Site and the Robert Childs Waste Reclamation Facility, both located in South Dennis, MA. NOTICE OF INTENT Foth•9 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA 3. Dredge Site History A comprehensive research effort through the Barnstable Conservation Commissions, MA Department of Conservation & Recreation Office of Waterways (DCR Waterways), the MADEP (401 Water Quality Certification and Chapter 91 Waterways Program) and the USACE has been conducted to determine the site history as it relates to previous dredging events. Table 1 presents a historical summary of the available record documents and current permits. Table 1: Summary of State, Local, and Federal Authorizations issued for Dredging Barnstable Harbor & Entrance Channels Date Issuing Authority Permit Description of Work Authorized 11/09/2006 MEPA EOEA 13408 Outer/Inner Navigation Channel with sediments used as beach nourishment (±20,000 CY) 11/28/2006 Local Order of Conditions SE3-4582 10/29/2007 DEP Order of Conditions SE3-4582 Outer/Mid-Channel dredging with disposal offshore at CCBDS or beneficial reuse at Sandy Neck Public Beach (±8,500 CY) 03/07/2005 MA DEP 401 Water Quality Certification Program WO57766 11/07/2007 MA DEP 401 Water Quality Certification Program WO97810 Outer/Mid-Channel dredging (±5,350 CY) with disposal offshore at CCBDS 3/18/2005 MA DEP Chapter 91 Waterways 10244 06/18/2008 MA DEP Chapter 91 Waterways 11962 07/08/2008 USACE NAE-2004-4187 Outer/Mid-Channel dredging (±5,500 CY) with disposal offshore at CCBDS 06/26/2008 MA CZM Federal Consistency N/A 06/02/2020 Conservation/MADEP SE03-5781 Outer/Mid-Channel & Blish Pt Ramp Access Channel dredging w/disposal upland, CCBDS, or Beneficial reuse 09/21/2020 MADEP 401 WQ Certification X286011 Blish Pt Boat Ramp Access Channel dredging w/upland disposal 10/09/2012 MA DEP Chapter 91 Waterways 13355 Blish Pt Ramp Access Channel & Inner Harbor Basin dredging w/disposal upland, CCBDS, or Beneficial reuse 10/08/2020 Federal Consistency N/A Outer/Mid-Channel & Blish Pt Ramp Access Channel dredging w/disposal upland, CCBDS, or Beneficial reuse 12/21/2020 MA General Permit NAE-2015-01632 Blish Point Boat Ramp Access Channel dredging with upland disposal or offshore at CCBDS Review of record documents demonstrate that the Barnstable Harbor Mid-Entrance Channel and Blish Point Boat Ramp Access Channel have been historically dredged to support and maintain safe navigations. Dredging of the existing Channel and Boat Ramp was most recently authorized in 2020 and completed in 2021. Copies of available record documents presented in Table 1 are provided in Exhibit F. Current Permit Plans are provided in Exhibit E. NOTICE OF INTENT Foth•10 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA 3.1 Alternatives Analysis 3.1.1 Dredging Alternatives “No Dredge Alternative” Under the “No Dredge” alternative, no dredging would occur within Barnstable harbor, thus promoting the continued deterioration of public access of the channel and boat ramp, and safe navigation within the waterway. Shoaling would continue to increase the potential for vessel groundings, spills and/or release(s) of other hazardous materials into the harbor. The 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. Improvement or New Dredging Improvement Dredging consists of deepening the channel to allow for deeper draft vessels, while New Dredging would include deepening and/or widening the channel to increase capacity, improve maneuverability, and allow for larger vessels to use the harbor. The current authorized limits and depths of Barnstable Harbor Entrance Channel that make up the Federal Channel are adequate for the uses and needs of the boating community that use the harbor. Widening and/or deepening the channel could negatively impact the surrounding coastal resource areas and infrastructure over time. The Federal Channel has been appropriately maintained since the first dredging event in 1938. Maintenance Dredging of Mid-Entrance Channel Only If the Blish Point Boat Ramp Access Channel portion of the work was removed from the project, it would result in an unusable boat ramp facility in Barnstable Harbor. The rate of infill at the ramp may temporarily decrease if the Mid-Entrance Channel is dredged alone, but this alternative does not provide a solution to the current state of the ramp and access channel. Maintenance Dredging of Blish Point Boat Ramp Access Channel Only If the Mid-Entrance Channel portion of the dredging was removed from the project, it would result in a cleared boat ramp facility, but a navigational hazard would still exist in the channel. The removal of the Mid-Entrance Channel from the project does not accomplish the Town’s goals and presents a danger to navigators if the shoaled areas are not dredged. Maintenance Dredging of Mid-Entrance Channel and Blish Point Boat Ramp Access Channel The preferred dredging alternative will restore navigation and public access to/from Barnstable Harbor by maintaining the previously authorized depths and limits of the existing channels. The current navigational depths and limits of these channels adequately support vessel sizes and drafts, and therefore, the Town is not seeking to widen or deepen these channels and wishes to perform dredging of both proposed areas. Side Slope Alternatives The Barnstable Habor Mid-Entrance Channel has historically been maintained with 3H:1V side slopes, as have most channels throughout the Cape. A 3H:1V slope is typical for dredge prisms, since the natural angle of repose for saturated sand is between 15 and 30 degrees. This allows the dredge to dig within the dredge prism, from toe-to-toe, without digging up the slope. As sand is removed from the toe, the slope is allowed to find its natural state as material sluffs in. If required, the dredge can clean up the toe with a final pass. An alternate 2H:1V side slope in design NOTICE OF INTENT Foth•11 BARNSTABLE HARBOR MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA would not be constructible as the sands on the banks would naturally fall to a ~3H:1V slope. A more gradual slope of 4H:1V or greater are also not feasible for this project as the slope projection may impact important natural resource areas or undermine nearby structures such as jetties and marina infrastructure. Additionally, a 4H:1V would be difficult to construct and would require dredging outside of the toe of the channel. The boat ramp is typically cleared by Town DPW land-based equipment at low-tide, to remove the sediment on top of the concrete. 3.1.2 Sediment Disposal Alternatives Analysis Based on the field soil classification from the April 30th sediment sampling, the physical characteristics of sediments found within the boat ramp area and mid-entrance channel consist of mostly fine-grained sediments. Fine-grained sediments will not be suitable for the purpose of nourishing local beaches through direct placement or in-water disposal at an authorized nearshore location. Furthermore, fine-grained sediments are also not anticipated to be suitable for reuse as structural fill. Therefore, beach nourishment, nearshore disposal or upland reuse as structure fill are not considered to be a viable reuse/disposal alternatives for the proposed project. Unconfined Offshore Disposal at CCBDS The Cape Cod Bay Disposal Site is an offshore disposal ground for dredged material that is unsuitable for beneficial reuse. The site is located in the central region of Cape Cod Bay (see Figure 4) and requires specialized bottom-dumping scows. The Town received a Sampling and Analysis Plan and conducted vibrocore sampling at the time of US submission. Analytical results will be submitted to the USACE to determine if the dredged material can be disposed of at CCBDS. If a Suitability Determination is issued prior to bidding the project, the Town would most likely elect to use the offshore disposal option as it offers significant cost savings due to the short length of tow and minimal material handling. Time-of-year (TOY) restrictions will be considered in disposal methodology as the CCBDS is closed for offshore disposal from January 1st to May 15th of any year in order to protect right whales. Sediment sampling and analysis for unconfined offshore disposal at CCBDS was conducted following the SAP issued for the project under NAE-2012-0990 and the Regional Implementation Manual (RIM).