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HomeMy WebLinkAbout20230523 NOI_Part 2_Locus_Narrative NOTICE OF INTENT – MAY, 2023 Foth COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS EXHIBIT A Locus EXHIBIT A - LOCUS COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT COTUIT, MA NOTICE OF INTENT – MAY, 2023 Foth COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS EXHIBIT B Project Narrative NOTICE OF INTENT – MAY 2023 Foth · 1 COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS EXHIBIT B PROJECT NARRATIVE COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS COTUIT, MA 1. General Overview The Town of Barnstable (Town), acting through it’s Department of Public Works, is submitting a Notice of Intent (NOI) and supplemental documentation to conduct a maintenance dredging project in Cotuit Bay (see Locus Map, Exhibit A and Figure 1 below). The proposed project consists of dredging the existing 8 foot deep Cotuit Bay Entrance and 10 foot deep Cotuit Bay Embayment Channels to restore safe navigation to the active waterfront area that supports recreational and commercial boating needs. Vessel access and navigational safety are currently compromised due to shoaling presently observed within the Cotuit Bay Entrance and Embayment Channels. Figure 1: Site Locus The Entrance and Embayment Channel limits and depths proposed for this project are consistent with those previously authorized in 1998/2001 and 2009 (see Section 3, Dredge Site History). The dredging authorized in 1998/2001 was for a total of ±225,000 cubic yards (CY), and also included the dredging of the Cotuit Inner Embayment Channel, West Bay Entrance Channel, and Seapuit River Channel. In 2009, maintenance dredging was once again authorized for the removal of a total of ±15,850 CY from the Cotuit Bay Entrance and Embayment Channels and with the beneficial reuse of sediments at Dead Neck Beach as nourishment. The proposed maintenance project will consist of dredging a total combined area of ±210,550 square feet (SF) (±4.83 Ac) and an estimated ±18,649 CY of sediment, including 3H:1V sideslopes and a 1-foot allowable overdredge. The Cotuit Bay Entrance Channel will be restored to its’ previously authorized footprint to -8.0 feet Mean Lower Low Water (MLLW) with a one (1) foot allowable overdredge to - 9.0 feet MLLW and approximate 3H:1V sideslopes. The Cotuit Bay Embayment Channel will also be restored to its’ previously authorized footprint to -10.0 feet MLLW with one (1) foot allowable overdredge to -11.0 feet MLLW and 3H:1V sideslopes. Dredging will be performed via hydraulic methods using the Barnstable County Dredge Program’s cutter suction dredge Sandshifter, an Ellicott “850 Bay Dragon” style dredge. The dredge will pump a continuous “slurry” consisting of sandy sediment and seawater through approximately DEAD NECK BEACH NOURISHMENT AREA 10’ EMBAYMENT CHANNEL 8’ ENTRANCE CHANNEL NANTUCKET SOUND COTUIT BAY WEST BAY NOTICE OF INTENT – MAY 2023 Foth · 2 COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS ±11,000 linear feet (LF) of HDPE pipe to the eastern most end of Dead Neck for beneficial reuse as nourishment along the barrier beach and to restore the breach that occurred in late December 2022 between the West Bay jetty. A booster station will be used in-line with the pipeline as needed to achieve the full pumping distance. A temporary containment area will be constructed above Mean High Water (MHW) using existing beach sand. The containment area will consist of an excavated trench approximately 450 foot long by 60-foot wide with a low grade perimeter berm that will extend along the foreshore and return landward to tie into the backland dune. Slurry will be discharged from dredge pipeline into the containment area to allow for suspended sediments to settle out and seawater to percolate/return back into the beach/Nantucket Sound. Dewatered sediments will be moved from the temporary containment area using a front-end loader with rubber tires and then placed/spread along the eastern-most 800 linear feet (LF) of Dead Neck to the West Bay jetty. The beneficial reuse of dredge sediments will restore the breach between the West Bay jetty and re-nourish eroded dune and forebeach areas along Nantucket Sound. Sediments will be placed along Dead Neck to within previously authorized elevations and slopes, with the crest of the berm tying into existing dune elevations. All slopes along the foreshore beach will be graded to 10H:1V to accommodate shorebird nesting habitat with the toe ending at Mean Low Water (MLW). Construction is anticipated to start in mid to late October of 2023 and be completed prior to January 15, 2024. 1.1 Site Description Cotuit Bay is located on the south side of Cape Cod, MA and connects to Nantucket Sound by an existing tidal inlet, composed of the Cotuit Bay Entrance and Embayment Channel. From offshore, the Entrance Channel approaches Cotuit Bay on the west side of Sampson’s Island, before transitioning into the Embayment Channel, which wraps around Sampson’s Island and continues into the Cotuit Inner Embayment Channel (not proposed as part of this project) that leads into Cotuit Bay. Cotuit Bay is a part of the Three Bays region of Osterville, MA, which also includes North Bay and West Bay. 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 March 18, 2022 to assess existing depths within the existing Cotuit Bay navigation channels which confirmed the need for maintenance dredging. The Cotuit Bay Entrance Channel is a 100-foot wide by 3,150 foot long approach channel that was most recently authorized in 2009 to a depth of -8 feet MLLW (see Section 3, Dredge Site History for complete list of authorizations). The shoaling in this channel is presented in Exhibit E, Permit Plans. A TIN-TIN volume computation between the March 18, 2022 survey and the 8 foot Entrance Channel prism shows ±14,863 CY of material available, including overdredge and 3H:1V side slopes. The Cotuit Bay Embayment Channel is a 100-wide by 1,624 foot long channel that curls around the western tip of Sampson’s Island, where dynamic littoral processes are known to occur. The embayment channel was most recently authorized in 2009 to a depth of -10 feet MLLW (see Section 3, Dredge Site History for complete list of authorizations). The proposed shoals to be dredged are shown in Exhibit E, Permit Plans. A TIN-TIN volume computation between the March 18, 2022 survey and the 10 foot Embayment Channel prism shows ±3,786 CY of material available, including overdredge and 3H:1V side slopes. Dead Neck is a barrier beach that separates the Seapuit River from Nantucket Sound and provides storm damage protection and flood control for the river and adjoining upland areas. Dead Neck also supports wildlife habitat for migratory bird species and other organisms native to barrier beaches and coastal dunes. The island remains undeveloped, and is referred to as “Protected Open Space” in the Town of Barnstable’s Local Comprehensive Plan, dated 2010. NOTICE OF INTENT – MAY 2023 Foth · 3 COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS Dead Neck (Parcel ID: 050002) and has been owned since 2004 by the Three Bays Preservation, Inc. (TBPI), which was formed in 1996. Dead Neck was formerly attached to the mainland of Cape Cod at the eastern end. In 1901, a channel was dug (West Bay Entrance Channel) to provide access for boats into West Bay. The channel is bounded by two stone jetties, which were installed by the state on state property. These jetties and other structures to the east create barriers that inhibit the westward littoral drift of sand to Dead Neck. With the littoral sand source cut off by the jetties, Dead Neck suffers excessive erosion unless it receives periodic nourishment. A study conducted in 2013 showed that the jetties result in an annual loss of approximately 12,000 CY per year and a corresponding accumulation of material in the Cotuit Bay Entrance Channel at the west end of Sampson’s Island due to the predominant east-to-west sediment transport along the shoreline. The Project Site is located within the following FEMA Flood Zones: Cotuit Bay Entrance and Embayment Channels fall within Zone VE El. 16 (18.15 feet MLLW), Zone VE El. 14 (16.15 feet MLLW), and Open Water Zone as presented in Map 25001C0756J (Effective date 7/16/2014); Dead Neck Nourishment Area falls within Zone VE El. 16 (18.15 feet MLLW) and Zone VE El. 15 (17.15 feet MLLW). The entire project site, including the channels and Dead Neck lie within Coastal Barrier Resources System (CBRS) Areas established 10/1/1983 and 11/16/1990. 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) = +0.25 feet; Mean High Water (MHW) = +3.35 feet; and Annual High Tide Line (AHTL) = +4.60 feet. The conversion between the North American Vertical Datum of 1988 (NAVD88) to MLLW is +2.15 feet. 1.2 Project Need & Purpose Periodic maintenance dredging is required to restore safe navigation and access to/from Cotuit Bay and Nantucket Sound. The channels are used year round by commercial and recreational boaters and provide access for marinas, boat yards, charter boats, fishing boats, and pleasure craft. Many businesses within the Three Bays Region depend on safe and navigable waters, thus the shoaling that has occurred may have economic impacts to the surrounding areas. If dredging is not performed, the channels will continue to accrete sediments and will pose an even greater threat of vessel groundings with the channels potentially becoming unusable even during the higher tide cycles. Additionally, beach nourishment is periodically required on Dead Neck to restore the barrier beach and dune system to its most effective and natural elevations and slopes. In December 2022, a significant storm event washed out the area directly adjacent to the west of the West Bay jetty on the island, leaving a breach within barrier beach system. This breach, if not renourished, has the potential to rapidly increase the rate of erosion of the barrier island, as water and waves can easily overtop the beach/dune during higher tide cycles and storm surge events. As stated above, the breach area historically experiences excessive erosion unless it receives nourishment. Mitigation of the erosion along Dead Neck has been necessary and on-going since approximately 1934. Dead Neck provides important habitat for migratory birds and other organisms, so erosion reduces the ability of the eastern portion of the island to maintain habitat for animal nesting and foraging, as well as provide storm damage prevention for inland areas. 1.3 Scope of Work All dredging activities to be performed will consist of maintenance within previously authorized/dredged limits and depths. No improvement dredging is being proposed as part of this project. NOTICE OF INTENT – MAY 2023 Foth · 4 COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS The Cotuit Bay Entrance Channel will be dredged to -8 feet MLLW with a one (1) foot allowable overdredge to -9 feet MLLW. The Cotuit Embayment Channel will be dredged to -10 feet MLLW with a one (1) foot allowable overdredge to -11 feet MLLW. All dredging will include 3H:1V sideslopes. Including the overdredge and sideslopes, the Cotuit Bay Entrance and Embayment Channels require the removal of ±14,863 CY and ±3,786 CY of sediments, respectively, to restore navigation to authorized depths, for a total of ±18,649 CY. A full breakdown of dredge volumes and areas based upon the survey conducted on 3/18/2022 is presented below in Table 1. Table 1: Proposed Dredge Area & Volume Computations Location Dredge Depth (Feet below MLLW) Dredge Area (SF) Dredge Volume to Design Depth (CY) 1’ Allowable Overdredge Volume (CY) Total Dredge Volume (CY) Cotuit Bay Entrance Channel 8.0 167,895 7,976 6,887 14,863 Cotuit Bay Embayment Channel 10.0 42,655 1,964 1,822 3,786 Total 210,550 9,940 8,709 18,649 Dredge areas and volumes include 3H:1V sideslopes as shown on Permit Plans; SF = square feet; CY = cubic yards The proposed nourishment at Dead Neck will be performed within previously authorized/nourished limits, slopes, and elevations. Dredge sediments from the Cotuit Bay Entrance and Embayment Channels will be delivered to the eastern end of Dead Neck via a temporary slurry pipeline. Once the slurry has reached the nourishment site, it will be dewatered in a temporary settling/dewatering containment area. The proposed dewatering methodolgy has been an effective method used at this site and was most recently utilized for the Cotuit Cut-Dead Neck Sampson Island (DNSI) project which was performed in three phases from 2019 to 2021 under USACE Permit #NAE-2013-02073, MADEP Ch 91 Permit #14437, MADEP 401 WQC #X264968, Wetlands File #SE-003-5053, and MESA Conservation Permit #017-295.DFW. An approximate 450-foot long by 60-foot wide temporary dewatering area will be constructed immediately west of the proposed nourishment area. The containment area will be bound by the existing dune and a temporary man-made sand containment berm to be constructed above MHW using existing beach sediments. The sediment slurry delivered through the pipeline will be allowed to naturally settle and dewater, and dried sands will be placed in the nourishment area by front-end loader or similar earth moving equipment. Following the completion of work, the temporary containment area will be restored to preconstruction conditions. The proposed nourishment template will be located on the Nantucket Sound side of Dead Neck and commence at approximately MLW (+0.25 feet MLLW) and then extending landward at a 10H:1V slope until it reaches the proposed berm crest elevation of +12 feet MLLW. The berm crest will vary in width consist of a level bench that extends landward to match the grades of the existing dune. The proposed nourishment template will extend from the West Bay jetty at the east end of Dead Neck and continue west for a total distance of ±800 LF. The proposed nourishment template has been designed to be within elevations and slopes previously authorized in 2001 and to support nesting bird habitat. The total proposed Dead Neck Beach Nourishment template has an approximately ±128,132 SF footprint. NOTICE OF INTENT – MAY 2023 Foth · 5 COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS All work proposed for the project will be conducted during the time of yeat when biological activity is least active and within the Time Of Year (TOY) restrictions established by local, state and federal regulatory agencies. Species of concern are anticipated to include, but may not be limited to, Winter flounder, Horseshoe crabs, Quahogs, Piping Plover and Least Tern. It is anticipated that work will mid to late October 2023 and will be completed prior to January 14, 2024. 2. Site Usage and History Cotuit Bay, and the Three Bays Region, has historically provided and continues to be a gateway for both recreational and commercial vessels to/from Nantucket Sound. The proposed areas of dredging being pursued by the Town are shown in the Permit Plans provided in Exhibit E. Maintenance dredging is required on a periodic basis to restore/provide safe access within and use of navigable waters that benefit the general public. Dead Neck is an essential element to the southern shoreline of Cape Cod. It was once attached to the mainland but is now a barrier beach island and provides ample protection of wildlife habitat and nesting habitat for waterbirds of high conservation priority. The entirety of the island is classified as priority habitat for rare and endangered species by the Massachusetts Natural Heritage and Endangered Species Program (NHESP). Dead Neck has historically been home to populations of Piping Plovers and supports a diverse array of nesting waterbird species. Dead Neck also serves as a pre-migration fall staging area for Common Terns and Roseate Terms, as well as many shorebird species. Dead Neck provides flood control and storm damage protection for the bays and estuaries to the north. Beach nourishment is beneficial to the Dead Neck system by restoring lost dune and beach areas that provide ample habitat for bird nesting and foraging habitat, as well as protect lands and waterbodies to the north from coastal threats. 2.1 Due Diligence Assessment A due diligence assessment was conducted and completed as part of the Town’s 10-year Comprehensive Dredge Permit (CDP) which is currently pending the initiation of the regulatory review process. The CDP, once issued, will provide a 10-year authorization for Town-wide maintenance dredging of navigational waterways and the beneficial reuse of sediments as nourishment along various shoreline areas. Maintenance dredging of the Cotuit Entrance and Embayment Channels and beneficial reuse of sediments as nourishment along Dead Neck are included in the 10-Year CDP scope. However, due to the lengthy permitting timeline associated with obtaining all required local, state and federal authorizations for a 10-year approval, the Town is seeking separate regulatory approvals for the subject project so that maintenance dredging and nourishment activities can be performed during the upcoming Fall 2023-Winter 2024. As part of the pre-permitting efforts performed to date by the Town for the 10-year CDP, sampling and analyses has been performed on representative sediment samples collected from the Cotuit Bay Entrance and Embayment Channels and along Dead Neck. A final Suitability Determination was issued by the USACE under NAE -2015-01632 on August 1, 2022 (See Exhibit G, Table 1) which authorizes the beneficial reuse of sediments dredged from the Cotuit Entrance and Embayment Channels along Dead Neck. 3. Dredge and Nourishment Site History Table 2 below presents a historical summary of past dredging and nourishment activities that have been authorized/conducted within the Cotuit Bay 8-foot Entrance and 10-foot Embayment Channels and along Dead Neck based upon review of record plan and permit information found to be available through requests made to the MA Department of Conservation & Recreation Office of Waterways, MA Department of Environmental Protection (MA DEP) Chapter 91 Waterways and NOTICE OF INTENT – MAY 2023 Foth · 6 COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS 401 Water Quality Certification Programs, and the US Army Corps of Engineers (USACE). Copies of record documents obtained are provided in Exhibit F. Review of record documents demonstrate that the Cotuit Bay Entrance and Embayment Channels, along with other waterway areas including West Bay, North Bay and Seapuit River, have been historically dredged to support and maintain safe navigation within the Three Bays waterway system. Dredging of the existing Cotuit Bay Entrance and Embayment Channels were most recently authorized in 1998/2001 and 2009. As a secondary benefit, sediments dredged from these channels and others located throughout Three Bays have provided a suitable material source for nourishing the barrier beach Dead Neck. Nourishing Dead Neck has been an on-going process since the early 1980s, with a total of three major nourishment projects being authorized in 1981, 1998/2001, 2009, and 2017. The aforementioned efforts consisted of placement of ±120,000 CY, ±250,000 CY, ±15,850, and ±160,000 CY, respectively, along Dead Neck starting at the inlet/West Bay jetty and extending west up to a distance of 2,400 LF along the barrier beach. These nourishment efforts have proven to be instrumental in stabilizing the barrier beach and preventing breaching as well as enhancing beach and dune habitat for endangered shore bird species that rely on Dead Neck. Table 2: Prior Regulatory Authorizations Issued for Cotuit Bay Dredging & Nourishment at Dead Neck YEAR PRIOR AUTHORIZATION NUMBER AUTHORIZED ENTITY PRIOR AUTHORIZED DREDGE EVENT PRIOR AUTHORIZED DREDGE SEDIMENT REUSE/DISPOSAL ESTIMATED VOLUME PURPOSE OF DREDGE SEDIMENT REUSE 1934 DPW Contract #397 Department of Public Works - Division of Waterways Upper Portion of Embayment Channel to -6' MLW* No Disposal Site Identified Info Not Avail. Info Not Avail. 1954 DPW Contract #1377 Department of Public Works - Division of Waterways Outer Portion of Entrance Channel* to -8' MLW No Disposal Site Identified Info Not Avail. Info Not Avail. 1975** DPW Contract #2799 Department of Public Works - Division of Waterways Cotuit Bay Entrance Channel* No Disposal Site Identified Info Not Avail. Info Not Avail. 1981 DPW Contract #2974 Department of Public Works - Division of Waterways Cotuit Bay, West Bay, North Bay & Seapuit River Dead Neck 1,500 LF from West Bay Jetty/West * ±120,000 CY To prevent breaching btw. West Bay Jetty & Dead Neck* 1998/ 2001 CENAE-CO-R- 199701302; MADEP Chapter 91 Permit #363; MADEP Chapter 91 Permit #9123 Three Bays Preservation, Inc. Cotuit Bay 8' Entrance Channel & 10' Embayment Channel* (Note: Cotuit Inner Embayment, West Bay & Seapuit River Channels also included) Dead Neck 2,400 LF from West Bay Jetty/West* ±225,000 CY To prevent breaching btw. West Bay Jetty & Dead Neck; Enhance Dune/ Beach Areas* NOTICE OF INTENT – MAY 2023 Foth · 7 COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS 2009 † NAE-2009-670 OOC Extension for Wetlands File #SE3-3743 Three Bays Preservation, Inc. Cotuit Bay 8' Entrance Channel, 10' Embayment Channel*, & 11' Inner Embayment Channel Dead Neck 500 LF from West Bay Jetty/West* ±15,850 CY To prevent breaching btw. West Bay Jetty & Dead Neck* 2017 NAE-2013-02073 MA DEP Chapter 91 Permit #14437 MA DEP 401 WQC #X264968 Wetlands File #SE-003-5053 Three Bays Preservation, Inc. and MA Audubon Society Cotuit Bay Cut (3 Phases conducted 2019 thru 2021) Dead Neck 2,400 LF from West Bay Jetty/West* ±160,000 CY To prevent breaching btw. West Bay Jetty & Dead Neck; Enhance Dune/ Beach Areas* *PRIOR EVENTS SPECIFICALLY RELATED TO PROPOSED PROJECT **DREDGE EVENT LISTED ON MA DCR OFFICE OF WATERWAYS RECORD INVENTORY. COPY OF CONTRACT PLAN NOT FOUND TO BE AVAILABLE † STATE AUTHORIZATION THROUGH MADEP CH91 WATERWAYS DREDGE PERMIT #9123 ISSUED 10/31/2001 & VALID THROUGH 10/31/2011 3.1 Alternatives Analysis 3.1.1 Dredging Alternatives “No Dredge Alternative” Under the “No Dredge” alternative, no dredging would occur within the Cotuit Bay Entrance and Embayment Channels, thus promoting the continued deterioration of public access 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 Bay. 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. Maintenance Dredging The preferred dredging alternative will restore navigation and public access to/from Cotuit Bay and Nantucket Sound by maintaining the previously authorized depths and limits of the existing Cotuit Bay Entrance and Embayment 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 deep these channels. 3.1.2 Sediment Disposal Alternatives Analysis Beach and Dune Nourishment The USACE issued a Suitability Determination on August 1, 2022 under NAE-2015-01632 (see Exhibit G), which authorized the placement of sediments dredged from the Cotuit Bay Entrance and Embayment Channels onto Dead Neck Beach as nourishment. In accordance with MA DEP Chapter 91 Waterways Regulations 310 CMR 9.40 (4)(a) clean dredged material shall be disposed of in a manner that serves the purpose of beach nourishment. Utilizing dredged sediments for nourishment is the preferred disposal alternative due to its’ cost effectiveness and inherent environmental benefits, including but not limited to, restoration/enhancement of existing beach and dune systems to provide habitat and protect surrounding areas from storm damage and flooding. Additional economy will be recognized by the Town since the proposed project can be performed by the Barnstable County Dredge Program which results in significant cost savings over private contracting options. For the aforementioned reasons, no other disposal option is being considered for the proposed project. NOTICE OF INTENT – MAY 2023 Foth · 8 COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS Dead Neck Beach is the preferred nourishment location as it is in immediate need of sediments to address the recent breach that occurred in December 2022 and to restore/prevent further erosion and impacts from loss of beach and dune resource areas. Below are several of the factors which have contributed to the selection of Dead Neck as the preferred nourishment site: · Sediments will be placed at a downdrift location of the dredge site and kept within the overall littoral system; · With respect to nesting habitat and protection, Dead Neck receives less human use than the other sites considered; and · Dead Neck Beach has been previously permitted/utilized for re-use of dredge sediment from the Cotuit Bay Entrance and Embayment Channels. 3.2 Avalible Bathymetric and Topographic Information Foth Infrastructure and Environment, LLC. (Foth) performed a hydrographic and topographic survey within the Cotuit Bay Entrance and Embayment Channel and the westernmost tip of DNSI – also known as Cotuit Cut – on March 18, 2022. A topographic survey was conducted by the Town of Barnstable along the eastern end of Dead Neck, where the breach has occurred, on March 23, 2023. This survey information has been utilized to establish existing bathymetric and topographic conditions within Cotuit Bay and Dead Neck, identify wetland resource areas, determine dredge quantities, and create a beach nourishment template for the proposed project. The existing conditions are presented in the Permit Plans found in Exhibit E. 4. Suitability Determination (SD) As part of the pre-permitting efforts performed to date by the Town for the 10-year CDP, sampling and analyses has been performed on representative sediment samples collected from the Cotuit Bay Entrance and Embayment Channels and along Dead Neck. Sediment sampling and analyses associated were performed in two Phases; Phase 1 evaluated dredge sediments for grain size distribution only and Phase 2 provided additional grain size and bulk chemical analyses as deemed required by the USACE for determining suitability of sediment for reuse as nourishment. A Phase 1 Suitability Determination (SD) was issued by the USACE under NAE - 2015-01632 on September 14, 2020. This SD was then amended for Phase 2 evaluations on August 1, 2022. Both SDs are provided in Exhibit G and confirm that dredge sediments from the Cotuit Entrance and Embayment Channel are suitable for beneficial reuse along Dead Neck.. 5. Dredging & Disposal Operation The Town’s objective for the proposed project is to secure all regulatory approvals required for the dredging, dewatering and beneficial reuse of Cotuit Bay Entrance and Embayment Channel sediments so that construction can occur during the upcoming Fall 2023-Winter 2024 dredge season. Dredging will be performed using hydraulic methods for both the Entrance and Embayment Channels. The hydraulic dredging option will consist of a suction-cutterhead that will loosen the bottom sediments and entrain them as a sediment-water mix (e.g. “slurry”) so that they can be pumped directly to a designated dewatering area at Dead Neck Beach and then spread to the grades and slopes of the proposed nourishment template. Dredging will be performed by the Barnstable County Dredge Program using the hydraulic cutter suction dredge Sandshifter, a pushboat, and one or two support skiffs. A temporary pipeline will be installed using HDPE flexible plastic pipe that extends from the dredge area at Cotuit Bay, around the north side of DNSI and within the Seapuit River, to the nourishment site at Dead Neck for a total length of approximately ±11,000 LF. A booster pump station will be required and placed NOTICE OF INTENT – MAY 2023 Foth · 9 COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS in line with the dredge and slurry pipeline to ensure that sediments can be adequately pumped the full distance to the nourishment site at the eastern-most end of Dead Neck. Land based operations will be required for constructing a temporary dewatering containment area where the dredge slurry (sediment plus seawater) will initially be received. Sediments will naturally settle out of suspension via gravity and seawater (i.e. effluent) will percolate/return back into the beach/Nantucket Sound thereby allowing for the placement and final grading of dewatered sediments within the proposed nourishment template. The contractor will utilize an excavator to trench an approximately 450-foot long by 60-foot wide dewatering area which will be bound by the existing dune on the north side and a temporary low grade perimeter berm above the MHW line to the south. The proposed dewatering operation is illustrated on the Permit Plans provided in Exhibit E). As material is dried of excess water, a front end loader with rubber tires will move sediment from the dewatering area to the nourishment area and spread to the grades and slopes of the proposed nourishment template. Following the completion of nourishment activities, all beach areas temporarily disturbed for sediment dewatering and equipment use/access will be restored to preconstruction conditions. 6. Regulatory Approvals 6.1 General Overview Based upon review of the collective site history and previously authorized work presented in Table 2 (See Section 3, Dredge and Nourishment History), the activities to be authorized for the proposed project are considered to be maintenance since all dredging and nourishment will be performed within the previously established/authorized vertical and horizontal limits. A pre- application meeting was held on April 14, 2023 to present and discuss the proposed project in advance of commencing the regulatory agency review process. The meeting was organized by the MA Office of Coastal Zone Management (MA CZM) and attended by representatives from the Town, Foth, MA DEP, MA CZM, NHESP, MA Division of Marine Fisheries (MA DMF), National Oceanic and Atmospheric Administration (NOAA) and U.S. Army Corps of Engineers (USACE). As a result of pre-application discussions, an Environmental Notification Form (ENF) was submitted to the MEPA Office in May 2023 to confirm that the proposed work is Routine Maintenance in accordance 301 CMR 11.02. and as defined as follows: Any maintenance work or activity carried out on a regular or periodic basis in a manner that has no potential for Damage to the Environment or for which performance standards have been developed that avoid, minimize or mitigate potential environmental impacts to the maximum extent practicable. The Secretary of Energy & Environmental Affairs (EEA) Certificate on the ENF is pending issuance on June 9, 2023. In addition to the NOI being submitted herein, the following permits/approvals are anticipated to be required for the proposed Cotuit Bay Entrance and Embayment Channel Maintenance Dredging Project: · 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) 6.2 Additional Regulatory Requirements & Coordination 6.2.1 MA Chapter 91 Waterways The proposed project will include the beneficial reuse of publicly dredge sediments on privately owned lands at Dead Neck. In accordance with 310 CMR 9.40(4), a public access easement NOTICE OF INTENT – MAY 2023 Foth · 10 COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS must be granted to the Town below MHW. The owner of Dead Neck, Three Bays Preservation, Inc. (TBPI), is in full support of the proposed project and is working with the Town to develop the public access agreement. Additionally, TBPI has provided a letter of support for the project, found in Exhibit C. It is understood that fully executed agreement will be required to be in place for MA DEP to issue the Chapter 91 Dredge Permit. 6.3 Post-Construction Monitoring Dead Neck-Sampson Island (DNSI) As previously discussed in this narrative, nourishment activities were recently authorized and completed along Dead Neck and Sampson Island as part of the Cotuit Cut–DNSI project. This work was authorized by local, state and federal permits that were issued to TBPI. Approvals issued require post-construction monitoring of nourishment and habitat restoration areas associated with that project. All post-construction monitoring obligations will remain in full effect for the durations specified by permits issued to TBPI. These obligations will be upheld by TBPI and formalized in an agreement that will be executed with the Town as part of this project. 7. 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), Coastal Beach, Barrier Beach, Coastal Dune, and Land Subject to Coastal Storm Flowage (LSCSF). Coastal resources areas are delineated on the Permit Plans provided in Exhibit E. It is noted that the project site is located entirely 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 H). Pursuant to 310 CMR 10.00, the above listed coastal resource areas are to be regulated in order to contribute to the following public interests: · Flood control; · Storm damage prevention; and/or · Protection of marine fisheries and wildlife habitat. The proposed project will restore and enhance safe public use and navigable access within the Cotuit Bay/Nantucket Sound interface as required to continue to support commercial and recreational uses. As a secondary benefit, dredge sediments will be beneficially reused along Dead Neck thus restoring the barrier beach for sediment loss due to storm events and the natural littoral drift of this system. Dead Neck provides important habitat for migratory birds and other organisms, so erosion reduces the ability of the eastern portion of the island to maintain habitat for animal nesting and foraging, as well as provide storm damage prevention for inland areas. 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 NOTICE OF INTENT – MAY 2023 Foth · 11 COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS · 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 3 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 3: Summary of Impacts to Land Under Ocean (LUO) from Proposed Dredging of Cotuit Bay Entrance and Embayment Channel and Nourishment Along Dead Neck LOCATION PROPOSED WORK PROP. DREDGE DEPTH (FT MLLW) TOTAL VOLUME REMOVED FROM LUO (CY) TOTAL LUO AREA IMPACTED (SF) Cotuit Bay Entrance Channel Maintenance Dredging -8.0’ w/ 1’ O.D. 14,642 166,324 Cotuit Bay Embayment Channel Maintenance Dredging -10’ w/ 1’ O.D. 3,786 42,655 Total Dredge 18,428 208,979 Dead Neck Beach Nourishment 0 0 *Dredge Area includes 3H:1V sideslopes O.D. = Allowable Overdredge Maintenance Dredging 10.25 (4): Maintenance dredging will be conducted to restore the navigable conditions within the authorized limits of the Cotuit Bay Entrance and Embayment Channel. According to 310 CMR 10.25 (4), “maintenance dredging for navigational purposes affecting land under the ocean shall be designed and carried out using the best available measures so as to minimize adverse effects on such interests caused by changes in 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 consist of well-graded sand with gravel and less than 5% fine content (see Exhibit G, Table 8 TBR-CB-1 and CB-2, Suitability Determination issued September 14, 2020. 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). NOTICE OF INTENT – MAY 2023 Foth · 12 COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS 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 Cotuit Bay and Nantucket Sound. Dredging is expected 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) has been mapped by MA DEP in the vicinity of the Cotuit Bay Entrance in 2001, 2010-13 and 2015-17. No dredging is proposed to occur within previously mapped areas. Eelgrass was last mapped by MA DEP in 1995 offshore of the West Bay jetty and inlet and approximately 330 feet (minimum) from the proposed nourishment area. Since 1995, no other subsequent mapping of eelgrass has been identified; therefore, the proposed beneficial reuse of dredge sediment for nourishment 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 (i.e. sand and silty sand) 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). · 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 4 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. 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 Entrance Channel sideslope and is a result of in-filling that has occurred in the vicinity of the ever dynamic Cotuit Cut area. To properly maintain the full limits of the authorized Cotuit Bay Entrance channel intertidal NOTICE OF INTENT – MAY 2023 Foth · 13 COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS 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. BEACH NOURISHMENT Dredge sediments removed from the Entrance and Embayment Channels will be utilized to restore the existing, eroded and breached conditions along Coastal Beach areas at the eastern end of Dead Neck. Dredge sediments have been found to be suitable for beneficial reuse as nourishment (see Exhibit G, Suitability Determination) Table 4: Summary of Impacts to Coastal Beach from Proposed Dredging of Cotuit Bay Entrance and Embayment Channel and Nourishment Along Dead Neck LOCATION PROPOSED WORK PROP. DREDGE DEPTH (FT MLLW) TOTAL VOLUME COASTAL BEACH (CY) TOTAL COASTAL BEACH AREA IMPACTED (SF) Cotuit Bay Entrance Channel Maintenance Dredging -8.0’ w/ 1’ O.D. 221 1,571 Cotuit Bay Embayment Channel Maintenance Dredging -10’ w/ 1’ O.D. 0 0 Total Dredge 221 1,571 Dead Neck Beach Nourishment 15,523 96,435 *Dredge Area includes 3H:1V sideslopes O.D. = Allowable Overdredge Temporary impacts to Coastal Beach will occur within the intertidal zone (between MLW and MHW) where the hydraulic sediment slurry pipeline is proposed to come ashore at Dead Neck. Additionally, land-based equipment required for placement and management of the pipeline will occur within Coastal Beach. All temporary construction features and construction access will be returned to pre- construction conditions when nourishment activities are completed. The temporary impact area within the Coastal Beach is quantified as ±581 SF. As described below, the Coastal Beach areas affected by the proposed maintenance dredging and nourishment will 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. Re-use of dredge sediments for nourishment will provide storm damage/flood protection along the existing coastal beach. · 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. Nourishment will enhance the barrier beach’s ability to respond to wave action. NOTICE OF INTENT – MAY 2023 Foth · 14 COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS Protection of Marine Fisheries or Wildlife Habitat · Distribution of Grain Size: Dredging will not significantly alter the sediment quality within the Cotuit Bay area. Sediments removed from the Entrance and Embayment Channels consist of clean sand that will be placed along Dead Neck Beach as nourishment. Dredge sediments have been determined to be compatible to existing beach sediments, thereby resulting in a stable nourishment effort that will not alter the natural composition of the barrier beach system. · 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. Nourishment activities will not impact water circulation. · 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. Nourishment activities may result in temporary/short-term turbidity during construction. · Relief and Elevation: The proposed dredging will result in a minor modification along the shoreline; however, it will also result in the significant reduction in the potential for vessel groundings and propeller wash (or scouring). Nourishment will restore/enhance Coastal Beach areas that have eroded and breached. Sediments will be placed along Dead Neck Beach at a 10H:1V slope, which will provide favorable conditions to support existing shorebird habitat as per MA NHESP recommendations. 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. Nourishment will restore the severely eroded area along Dead Neck Beach and provide protection against storm damage and flooding. Sediments will be placed along Long Beach at a 10H:1V slope, which will provide favorable conditions to support existing shorebird habitat as per MA NHESP recommendations. · 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. Nourishment will result in an increase in volume to the existing barrier beach and overall littoral system of Nantucket Sound/Cotuit Bay. · Changing Form of Any Coastal Beach or an Adjacent or Downdrift Beach: Re-use of dredge sediments for nourishment will immediately restore coastal beach areas and provide a sediment source to downdrift beach areas over time.  COASTAL DUNE (310 CMR 10.28) A Coastal Dune is defined under the MA Wetlands Protection Act as “any natural hill, mound or ridge of sediment landward of a coastal beach deposited by wind action or storm overwash. Coastal Dune also means sediment deposited by artificial means and serving the purpose of storm damage prevention or flood control”. Table 5 below presents a summary of volumes removed and areas impacted from dredging within Coastal Dune. The limits of Coastal Dune located within the project site are shown on the Permit Plans provided in Exhibit E. NOTICE OF INTENT – MAY 2023 Foth · 15 COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS Table 5: Summary of Impacts to Coastal Dune from Proposed Dredging of Cotuit Bay Entrance and Embayment Channel and Nourishment at Dead Neck LOCATION PROPOSED WORK PROP. DREDGE DEPTH (FT MLLW) TOTAL VOLUME COASTAL DUNE (CY) TOTAL COASTAL DUNE AREA IMPACTED (SF) Cotuit Bay Entrance Channel Maintenance Dredging -8.0’ w/ 1’ O.D. 0 0 Cotuit Bay Embayment Channel Maintenance Dredging -10’ w/ 1’ O.D. 0 0 Total Dredge 0 0 Dead Neck Beach Nourishment 3,126 31,697 *Dredge Area includes 3H:1V sideslopes O.D. = Allowable Overdredge Temporary impacts to Coastal Dune may occur where the hydraulic sediment slurry pipeline is proposed to come ashore at Dead Neck, and where the proposed dewatering containment area will be constructed. Earth moving equipment will be present in the Coastal Dune resource to place and maintain the pipeline and construct/manage the temporary dewatering containment area. All temporary construction features and construction access will be returned to pre-construction conditions when nourishment activities are completed. The temporary impact area within the Coastal Dune is quantified as ±74,531 SF. The proposed nourishment will enhance the ability of the dune to erode in response to coastal conditions. The dune volume will be restored/enhanced and the placement of dredge sediment for nourishment will not restrict the ability of the dune form to move landward or laterally by wind and/or natural water flow. The proposed nourishment template has been designed taking into consideration recommendations provided by MA NHESP so that existing shorebird habitat is preserved.  BARRIER BEACH (310 CMR 10.29) Barrier Beach means a narrow low-lying strip of land generally consisting of coastal beaches and coastal dunes extending roughly parallel to the trend of the coast. It is separated from the mainland by a narrow body of fresh, brackish or saline water or a marsh system. A barrier beach may be joined to the mainland at one or both ends. 310 CMR 10.27(3) through (6) (coastal beaches) and 10.28(3) through (5) (coastal dunes) shall apply to the coastal beaches and to all coastal dunes which make up a barrier beach. Table 6 below presents a summary of volumes removed and areas impacted from dredging within barrier beach. The limits of barrier beach located within the project site are shown on the Permit Plans provided in Exhibit E. NOTICE OF INTENT – MAY 2023 Foth · 16 COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS Table 6: Summary of Impacts to Barrier Beach from Proposed Dredging of Cotuit Bay Entrance and Embayment Channel and Nourishment at Dead Neck LOCATION PROPOSED WORK PROP. DREDGE DEPTH (FT MLLW) TOTAL VOLUME BARRIER BEACH (CY) TOTAL BARRIER BEACH AREA IMPACTED (SF) Cotuit Bay Entrance Channel Maintenance Dredging -8.0’ w/ 1’ O.D. 221 1,571 Cotuit Bay Embayment Channel Maintenance Dredging -10’ w/ 1’ O.D. 0 0 Total Dredge 221 1,571 Dead Neck Beach Nourishment 18,649 128,132 *Dredge Area includes 3H:1V sideslopes O.D. = Allowable Overdredge Temporary impacts to Barrier Beach may occur where the hydraulic sediment slurry pipeline is proposed to come ashore onto Dead Neck, and where the proposed dewatering containment area be constructed. Earth moving equipment will be present in the Barrier Beach resource area to place and maintain the pipeline and dewatering area. All temporary construction features and construction access will be returned to pre-construction conditions when nourishment activities are completed. The temporary impact area within the Barrier Beach is quantified as ±75,112 SF.  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 Cotuit Bay Entrance and Embayment Channels and nourishment activities at Dead Neck 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 occur periodically. Dredging within LCS is necessary to remove sediments that have migrated into the established navigation areas primarily from sediment transport caused by NOTICE OF INTENT – MAY 2023 Foth · 17 COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS storm events and currents in Cotuit Bay and Nantucket Sound. 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 and nourishment activities are presented in Table 7 below. The limits of LCS located within the project site are shown on the Permit Plans provided in Exhibit E. Table 7: Summary of Impacts to Land Containing Shellfish (LCS) from Proposed Dredging of Cotuit Bay Entrance and Embayment Channel and Nourishment at Dead Neck LOCATION PROPOSED WORK PROP. DREDGE DEPTH (FT MLLW) TOTAL VOLUME LCS (CY) TOTAL LCS AREA IMPACTED (SF) Cotuit Bay Entrance Channel Maintenance Dredging -8.0’ w/ 1’ O.D. 0 0 Cotuit Bay Embayment Channel Maintenance Dredging -10’ w/ 1’ O.D. 311 4,379 Total Dredge 311 4,379 Dead Neck Beach Nourishment 235 4,136 *Dredge Area includes 3H:1V sideslopes O.D. = Allowable Overdredge  PRIORITY/ESTIMATED HABITAT The proposed dredge and nourishment areas are entirely located within Estimated Habitat of Rare Wildlife and Priority Habitat for Rare Species, as designated by the latest map revisions issued by the Massachusetts Natural Heritage and Endangered Species Program (NHESP) in August 2015. Habitat maps are provided in Exhibit H. Piping Plover and Least Tern have been identified by MA NHESP as protected bird species known to nest along Dead Neck Beach. The proposed project is not anticipated to impact plover or tern habitat as the proposed dredging/nourishment activities will occur outside of the breeding season which typically occurs between April 1st – August 31st. The nourishment template has been designed to incorporate recommendations as provided by MA NHESP such that existing nesting, feeding or chick-rearing habitat is not adversely impacted by the placement of dredge material along Long Beach, including maintaining no steeper than a 10H:1V slope. Temporary impacts to NHESP may occur where the hydraulic sediment slurry pipeline is proposed to land at Dead Neck, and where the proposed dewatering area will be located . Earth moving equipment will be present in the NHESP resource area to place and maintain the pipeline and dewatering area. All temporary construction features and construction access will be returned to pre-construction conditions when nourishment activities are completed. The temporary impact area within the NHESP mapped area is quantified as ±75,112 SF. NOTICE OF INTENT – MAY 2023 Foth · 18 COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS Table 8: Summary of Impacts to NHESP Priority/Estimated Habitat from Proposed Dredging of Cotuit Bay Entrance and Embayment Channel and Nourishment at Dead Neck LOCATION PROPOSED WORK PROP. DREDGE DEPTH (FT MLLW) TOTAL VOLUME NHESP (CY) TOTAL NHESP AREA IMPACTED (SF) Cotuit Bay Entrance Channel Maintenance Dredging -8.0’ w/ 1’ O.D. 14,863 167,895 Cotuit Bay Embayment Channel Maintenance Dredging -10’ w/ 1’ O.D. 3,786 42,655 Total Dredge 18,649 210,550 Dead Neck Beach Nourishment 18,649 128,132 *Dredge Area includes 3H:1V sideslopes O.D. = Allowable Overdredge  LAND SUBJECT TO COASTAL STORM FLOWAGE (310 CMR 10.57) Subject to Coastal Storm Flowage (LSCSF) means land subject to any inundation caused by coastal storms up to and including that caused by the 100-year storm, surge of record or storm of record, whichever is greater (310 CMR 10.57). The areas mapped by the Federal Emergency Management Agency (FEMA) on community Flood Insurance Rate Maps (FIRM) as the 100-year flood plain within the coastal zone are included within LSCSF. Land Subject to Coastal Storm Flowage may be significant to the interests of storm damage prevention, flood control, pollution prevention and wildlife habitat. Of the proposed nourishment at Dead Neck, 41,353 SF is located within LSCSF. LSCSF in this area contains other jurisdictional resource areas, including Barrier Beach, Coastal Dune, and Coastal Beach, which are important for storm damage prevention and flood control. There are currently no performance standards for work in LSCSF. The proposed nourishment will greatly benefit LSCSF by enhancing the ability of the barrier beach to prevent/minimize storm and flood damage. Temporary impacts to LSCSF within the temporary construction and dewatering amount to 75,112 SF. All proposed temporary work will be above the MHW line. All temporary construction features and construction access will be returned to pre-construction conditions when nourishment activities are completed. 7.1 Minimization of Impacts The proposed project has been designed to minimize the impacts to the existing coastal resource areas and habitats to the greatest extent possible. All dredging and nourishment activities will be performed during the TOY established by permits. Although a “No Dredge” alternative would result in no environmental impacts, there is a potential for environmental impacts resulting from vessel ground-outs along the shoaled in areas present Cotuit Bay Entrance and Embayment Channels. Not only do vessel ground-outs present the potential for oil spills or release of other hazardous materials into the harbor, they result in an increase of turbidity within the water column from the resuspension of sediments. Furthermore, a “No Dredge” alternative presents a public safety NOTICE OF INTENT – MAY 2023 Foth · 19 COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS concern and diminishes public access to the waterfront. Nourishment performed within coastal resource areas/habitats will restore and enhance the Dead Neck barrier beach system. Dead Neck provides important habitat for migratory birds and other organisms and provide storm damage protection for inland areas. 8. Summary The Town of Barnstable is proposing to perform maintenance dredging within the existing Cotuit Bay Entrance and Embayment Channels. 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 ±210,550 square feet (SF) (±4.83 Ac) and an estimated ±18,649 CY of sediment, including 3H:1V sideslopes and a 1-foot allowable overdredge. The Cotuit Bay Entrance Channel will be restored to its’ previously authorized footprint to -8.0 feet Mean Lower Low Water (MLLW) with a one (1) foot allowable overdredge to -9.0 feet MLLW and approximate 3H:1V sideslopes. The Cotuit Bay Embayment Channel will also be restored to its’ previously authorized footprint to -10.0 feet MLLW with one (1) foot allowable overdredge to -11.0 feet MLLW and 3H:1V sideslopes. As a secondary benefit to this project, dredge sediments will be beneficially reused along the eastern-most end of Dead Neck to address a recent breach at the West Bay jetty and shoreline erosion along approximately ±800 LF of barrier beach. Sediments will be placed along Dead Neck to within previously authorized elevations and slopes, with the crest of the berm tying into existing dune elevations. All slopes along the foreshore beach will be graded to 10H:1V to accommodate shorebird nesting habitat with the toe ending at Mean Low Water (MLW). The Town is seeking to obtain all regulatory approvals in time for dredging to be performed during the Fall 2023-Winter 2024 season. The proposed project has been designed so that all impacts have been minimized to the greatest extend feasible.