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MA ENDANGERED SPECIES ACT (G.L. c.131A)
CONSERVATION AND MANAGEMENT PERMIT
DATE February 1, 2017
CONSERVATION PERMIT NO.: 017-295.DFW
NHESP FILE NO. 12-31722
PERMIT HOLDERS Three Bays Preservation, Inc
864 Main Street, PO Box 215
Osterville, MA 02655
Mass Audubon
208 Great South Road
Lincoln, MA 01773
PROJECT Dead Neck /Sampson’s Island Restoration and Management Project
Pursuant to the authority granted in the Massachusetts Endangered Species Act (“MESA”) (G.L. c. 131A)
and its implementing regulations (321 CMR 10.23), the Director of the Massachusetts Division of Fisheries &
Wildlife (the “Division”) hereby issues a Conservation and Management Permit (the “Permit”) to Three Bays
Preservation, Inc and Mass Audubon (the “Permit Holders”). This permit authorizes the Taking of the State-listed
Piping Plover (Charadrius melodus), which is listed as “Threatened,” pursuant to the MESA, arising out of the
relocation of ±133,600 cubic yards of sand from the western end of Dead Neck/Sampson’s Island (“DNSI”) for
placement and use as habitat enhancement on other areas of Dead Neck/Sampson’s Island (the “Project”), on a
±117 acre Barrier Island located along the southern shore of Cape Cod and bordered by Nantucket Sound in the
town of Barnstable, Massachusetts (Land Court Certificate 173003 (Dead Neck) and Book 869, Page 600
(Sampson’s Island), Barnstable County Registry of Deeds; the “Property”).
The Division has determined that the Project would result in a Take of Piping Plover through the removal
and relocation of nesting and foraging habitat for State-listed species as a result of the Project. Material that
provides suitable nesting and foraging habitat will be removed from the western end of DNSI and the majority of
the material will be redistributed along the eastern end of DNSI to reestablish suitable nesting and foraging habitat
in that area.
Under the authority granted by and in accordance with MGL c. 131A 3 and 321 CMR 10.23, the Director
may permit the taking of a State-listed species for conservation and management purposes provided that there is a
long-term Net Benefit to the conservation of the impacted species. If the Director determines that the applicant
for a permit has avoided, minimized and mitigated impacts to the State-listed species consistent with the following
Performance Standards, then the Director may issue a conservation and management permit, provided:
Conservation & Management Permit 017-295.DFW, Page 2 of 9
(a) the applicant has adequately assessed alternatives to both temporary and permanent impacts to
State-listed species;
(b) an insignificant portion of the local population would be impacted by the Project or Activity, and;
(c) the applicant agrees to carry out a conservation and management plan that provides a long -term Net
Benefit to the conservation of the State-listed species that has been approved by the Director, as
provided in 321 CMR 10.23(5), and shall be carried out by the applicant.
The Director has determined that the applicant for this permit has met the above noted Performance
Standards and that the conservation and management plan described herein provides a long -term Net Benefit to
the conservation of the Piping Plover (Charadrius melodus).
Pursuant to this Permit, (a) a predator management plan; (b) a landscape management plan; (c) a beach
management plan; and (d) a state-listed species monitoring plan, will all be implemented on DNSI. The Permit
Holders have a long history of state-listed species compatible management and monitoring. Therefore, the Project
can be permitted pursuant to the MESA. This Permit is issued to condition the Project and to provide a long -term
Net Benefit to Piping Plover.
In accordance with the documents submitted to the Division entitled:
Conservation and Management Permit Application” (dated July 2016, prepared by Sullivan Engineering,
Inc.; the “Permit Application”);
“Dead Neck Sampson’s Island Dredging and Nourishment Plan” (2 sheets, dated October 14, 2014,
prepared by Sullivan Engineering, Inc.; the “Project Plan”); Attachment 1
“Sketch Plan Proposed Land Management Areas on Dead Neck/Sampson’s Island” (revised through
09/15/2014, prepared by Sullivan Engineering, Inc.; the “Land Management Plan”; Attachment 2);
and any other plans and documents referenced herein, this Permit is issued with the following conditions:
General Conditions:
1. The Project authorized by this Permit shall be completed within five (5) years from the date of issuance. If
needed, the Permit Holders shall submit a written request to the Division for an extension of time to
complete said Project and the Division will review the Project pursuant to MESA for any continuing
impacts as described herein and for any new impacts to any State-listed species found subsequent to the
issuance date of this Permit.
2. This Permit shall not preclude the review of future projects on the Property that are subject to the
Wetlands Protection Act regulations (310 CMR 10.37, 10.58(4)(b), 10.59), as applicable, by the Natural
Heritage & Endangered Species Program (“NHESP”) of the Division.
3. The work authorized by this Permit involves the removal and redistribution of ±133,600 CY of sand, as
shown on the Project Plan (Attachment 1) and land management activities (Attachment 2) hereinafter the
“Work”. The Work also includes any other on-site activity required by the Division as a condition of this
Permit.
4. Division representatives shall have the right to enter and inspect the Property subject to this Permit at
reasonable hours to evaluate permit compliance and require the submittal of any reasonable information
not otherwise required by this Permit but deemed necessary by the Division to complete its evaluati on.
Conservation & Management Permit 017-295.DFW, Page 3 of 9
5. Any proposed change to any plan identified in this Permit, or to the State -listed species conservation plan
required by way of this Permit, shall require the Permit Holder to inquire of the Division, in writing,
whether the change is significant enough to require the filing of a new Conservation and Management
Permit Application, and/or require additional long-term Net Benefit for affected State-listed species. The
Division retains the right to require the submittal of additional, reasonable informa tion to evaluate the
plan change.
6. This Permit shall apply to, and inure to the benefit of, the Permit Holder and any successor -in-interest of
the Permit Holder, or to a subsequent successor-in-control of the Property or portion thereof subject to
this Permit should the Permit Holders convey its record ownership of the Property to said successor-in-
control, as well as to any contractor or other person performing Work conditioned by this Permit. Within
three (3) days of the transfer of an interest in the Property or a portion thereof, any su ccessor-in-interest
or subsequent successor-in-control [i.e., subsequent owners or operators] of the Property or a portion
thereof shall provide the Division with a letter indicating (1) that the successor is the successor-in-interest
of the Permit Holders or the successor-in-control [i.e., current owner or operator] of the Property or a
portion thereof, and (2) that said successor will perform the obligations of the Permit Holders as set forth
in this Permit.
7. Prior to the start of Work, the Permit Holders shall notify the Division in writing of the name, address,
email, business and home telephone numbers of the project supervisor(s) and/or contractor(s)
responsible for compliance with this Permit. The Permit Holders shall provide updated information in
writing to the Division should new or additional project supervisors and/or contractors be hired after
Work has commenced. Within three (3) days of the start of Work, the Permit Holders shall send a letter
to the Division stating the date upon which Work commenced.
8. Prior to the start of Work, the text of this Permit shall be recorded by the Permit Holders in the Registry of
Deeds or the Land Court for the district in which the Property is located so as to become a record part of
the chain of title of the Property. In the case of recorded land, the Permit shall be noted in the Registry’s
Grantor Index under the name of the owner of the Property upon which the proposed Work is to be done.
In the case of registered land, the Permit shall be noted on the Land Court Certificate of Title of the owner
of the Property upon which the proposed Work is done. The Permit Holders shall submit to the Division a
date-stamped and signed copy of said recorded Permit showing the date and book and page of recording
of said Permit within five (5) days after recording and/or filing, as applicable. No Work shall begin on the
Property until the Permit is recorded and said recorded copy is submitted to the Division, except as
otherwise approved by the Division in writing.
9. At the completion of Work the Permit Holders shall submit to the Division a written request for a
Certificate of Permit Compliance, including as-built plans and other supporting materials demonstrating
the completion of Work and compliance with all conditions herein.
10. Any land protected to achieve a long-term Net Benefit associated with this Permit, shall remain
undeveloped and protected as habitat for State-listed species in perpetuity.
11. The Permit Holders shall comply with all Conditions and Special Conditions contained within this Permit
and complete the Project consistent with all Division-approved plans and supporting documents except as
otherwise approved by the Division in writing.
12. The Permit Holders shall submit in writing any documents, plans, reports, or other items required for
submission in accordance with this Permit, for review and written approval by the Division, unless
otherwise stipulated in this Permit or by the Division in writing.
Conservation & Management Permit 017-295.DFW, Page 4 of 9
13. A violation of any condition of this Permit will result in an unauthorized Take pursuant to M.G.L. c. 131A
and may be subject to civil and/or criminal penalties pursuant to M.G.L. c. 131A.
Special Conditions:
14. Authorized Construction and Uses: This Permit authorizes construction and uses on the Property as
described above. All Work shall be confined to the area of the Property within the limits of Work as
shown on the Project Plan (Attachment 1) and Land Management Plan (Attachment 2), and all activities
shall be carried out as described in the Permit Application, unless otherwise approved by the
Division.
15. Construction Timing Restriction: The Permit Holders shall complete all Work during the period of
September 1 – March 31, to avoid impacts to breeding Piping Plover. Should the need arise for any Work
during the breeding period (April 1 – August 31), the Permit Holders shall hire a qualified shorebird
monitor, pre-approved by the Division in writing, to develop a State-listed Species Protection Plan. The
Plan must be approved in writing by the Division prior to work commencing during April 1 – August 31 and
be properly implemented.
16. Predator Control Program: In order to provide a Net Benefit to the conservation of the State-listed
species impacted by this Project, the Permit Holders have proposed, by way of the Permit Application, a
program to control predators of Piping Plover on DNSI. The plan includes monitoring, trapping, lethal
control, and reporting requirements. As outlined in the Permit Application, the predator management
actions shall be evaluated and reported to the Division on a yearly basis, by November 1. The Permit
Holders shall submit information regarding the arrangements for predator management for the upcoming
season by January 1. The Division reserves the right to modify and amend the Predator Control Program
as necessary to improve Piping Plover breeding at DNSI.
17. Beach Management Plan: The Permit Holders have committed to manage DNSI to reduce disturbance to
Piping Plovers from both permitted and unauthorized island access. The beach management efforts
include: fencing and signage of nesting areas and to restrict or redirect pedestrian access, patrols of
qualified rangers/educators, prohibition of recreational activities within suitable Piping Plover habitat
during April 1 – August 31, and prohibition of dogs, kites, fires & fireworks from DNSI. Documentation of
infractions and annual reporting must be submitted to the Division by November 1. Arrangements for
disturbance management must be submitted to the Division by January 1 . The Division reserves the right
to modify and amend the Beach Management Plan as necessary to reduce impacts to Piping Plover.
18. Landform & Vegetation Management Plan: The Permit Holders have proposed, by way of the Permit
Application measures to enhance habitat, to maintain slopes along the nourishment area, control
vegetation, remove trees/predator perches and control phragmites. Prior to the start of any dredge
activity, the Permit Holders shall submit the proposed landform and vegetation management
implementation schedule to the Division for written approval.
19. State-listed Species Monitoring: The Permit Holders have proposed to continue biological monitoring of
terns and Piping Plover at DNSI. The monitoring will be conducted as outlined within the Permit
Application. Any reduction in monitoring effort sh all be reported to the Division. A report shall be
submitted to the Division each year, on or before September 30, in accordance with standard reporting
requirements that summarizes the results of the state-listed species monitoring and site protection
activities.
Conservation & Management Permit 017-295.DFW, Page 5 of 9
20. Post-construction Surveys & Reports: Within 30 days of dredge and nourishment, a summary report of the
activities, including: photographs, documentation of the location(s), volume, and slope of the beneficial
reuse material must be submitted to the Division.
Post-construction dredge plans must be submitted to the Division within 60 days of any dredge acti vity
and clearly outline any deviations or discrepancies with the approved plans.
Transect surveys occur during the fall; the Permit Holders are required to submit the details of these
surveys for the year of/prior to dredge and the year following any dredge and nourishment activity.
21. Post-construction Beach Management: In order to ensure long-term management of DNSI in accordance
with requirements of MESA, upon completion of the five-year enhanced shorebird management program
required pursuant to the Permit, the Permit Holders shall continue to implement long -term management
generally consistent with the Permit Application. In cooperation with the Division, the long-term
management procedures shall be reviewed prior to March 2022, and not less than once every five years
thereafter, and more frequently if necessary, and revised, as needed to ensure adequate management of
state-listed species and their habitats. All revisions shall be subject to advance review and approval by
the Division.
22. Channel Maintenance: Any future dredge of the channel requires review with the Division pursuant to the
MESA and may require a separate MESA filing.
23. Construction Staff Education: If any work has received written approval from the Division to occur during
April 1 – August 31, then all construction, landscaping, and other sub -contractors associated with the
Project shall be informed in writing of the likely presence of State-listed species on the Property and what
measures should be implemented to minimize direct harm to State-listed species. Further, no wildlife
shall be removed from the Property without approval of a qualified wildlife biologist or the Division
except as necessary to receive veterinary treatment in the case of harm during construction.
24. This permit shall not be construed to authorize non -compliance with any applicable, federal, state, or
municipal law, statute, or regulation, including but not limited to the Endangered Species Act. The Permit
Holders shall not carry out the Project until such time as all applicable permits and authorizations have
been received, including an authorization or permit from the United States Fish & Wildlife Service for the
Project.
25. The Division shall be notified, in the form of an NHESP Rare Animal or Plant Observation Form, within ten
(10) days of the observation of any State-listed species within or outside the limits of Work. Preferably
notification will be through the Division’s data submittal tool, the Vernal Pool & Rare Species (VPRS)
Information System. VPRS and our paper observations forms can be found at:
http://www.mass.gov/dfw/nhesp/vprs.
26. Notice of Appeal Rights: This Determination is a final decision of the Division of Fisheries and Wildlife
pursuant to 321 CMR 10.23. Any person aggrieved by this decision shall have the right to an adjudicatory
hearing at the Division pursuant to M.G.L. c. 30A, s.11 in accordance with the procedures for informal
hearings set forth in 801 CMR 1.02 and 1.03.
Any notice of claim for an adjudicatory hearing shall be made in writing and be accompanied by a filing
fee in the amount of $500.00. The notice of claim shall be sent to the Division by certified mail, hand
delivered or postmarked within twenty-one (21) days of the date of the Division’s Determination to:
Jack Buckley
Director
Conservation & Management Permit 017-295.DFW, Page 6 of 9
Division of Fisheries and Wildlife
Field Headquarters
One Rabbit Hill Road
Westborough, MA 01581
Any notice of claim for an adjudicatory hearing shall include the following information:
1. The file number for the project;
2. The complete name, address and telephone number of the person filing the request, and the
name, address and telephone number of any authorized representative;
3. The specific facts that demonstrate that a party filing a notice of claim satisfies the requirements
of an “aggrieved person,” including but not limited to (a) how they have a definite interest in the
matters in contention within the scope of interests or area of concern of M.G.L. c. 131A or the
regulations at 321 CMR 10.00 and (b) have suffered an actual injury which is special and different
from that of the public and which has resulted from violation of a duty owed to them by the
Division;
4. A clear statement that an adjudicatory hearing is being requested;
5. A clear and concise statement of facts which are grounds for the proceeding, the specific
objections to the actions of the Division and the basis for those objections; and the relie f sought
through the adjudicatory hearing; and a statement that a copy of the request has been sent by
certified mail or hand delivered to the applicant and the record owner, if different from the
applicant.
Conservation & Management Permit 017-295. DFIN, Page 7 of 9
uckley, Director
M sachusetts Division of Fish
On this 151 day of February 2017, before me, the undersigned notary public, personally appeared Jack Buckley,
Director, proved to me through satisfactory evidence of identification, which was personal knowledge, to be the
person whose name is signed on the preceding or attached document, and who swore or affirmed to me that the
contents of the document are truthful and accurate to the best of his/her knowledge and belief.
Conservation Permit 017-295.DFW
Issued this 1st day of February, 2017
Work must be completed by: February 1, 2022
miiy Melissa Holt, Notary Public
rriission expires: July 28, 2017
MASSWILDLIFE
Conservation & Management Permit 017-295.DFW, Page 8 of 9
ACKNOWLEDGEMENT AND ACCEPTANCE OF ALL TERMS OF THIS
CONSERVATION PERMIT
The undersigned below agrees that commencement of any work authorized by and described in this Conservation
and Management Permit constitutes acknowledgement and acceptance of all terms of this Permit.
Signatory 1
Organization
COMMONWEALTH OF MASSACHUSETTS
On this ________day of ________, 20___, before me, the undersigned notary public, personally appeared
______________________________, proved to me through satisfactory evidence of identification which was
________________________ to be the person whose name is signed on the preceding or attached document, and
who swore or affirmed to me that the contents of the document are truthful and accurate to the best
of his/her knowledge and belief.
Notary Public
____________________________________
SEAL
My commission expires: _______________
Conservation & Management Permit 017-295.DFW, Page 9 of 9
Distribution List
John O’Dea, Sullivan Engineering
Barnstable Board of Selectmen
Barnstable Conservation Commission
Barnstable Planning Board
DEP Southeast Regional Office, Wetlands Program
Holly Johnson, MA Environmental Policy Act Office
Susi von Oettingen, US Fish & Wildlife Service
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CONSERVATION & MANAGEMENT PERMIT APPLICATION
FOR THE
DEAD NECK SAMPSON’S ISLAND
BARRIER BEACH MANAGEMENT PROJECT
JULY 26, 2016
A. Dredging and Nourishment
1. Project Scope
The Dead Neck Sampson’s Island Barrier Beach Management Project involves the dredging
of approximately 133,600 cubic yards over three years, nourishment of 102,200 cubic yards
placed as beach nourishment at the east end of DNSI, 20,000 cubic yards for dune restoration,
and 11,400 cubic yards to enhance and restore specific habitat features at various locations on
DNSI.
a. Dredging Proposal for 133,600 cubic yards.
Three Bays and Mass Audubon have evaluated alternatives for obtaining the volume of
133,600 cubic yards by limiting the dredging to a baseline other than the post-1934 dredge
channel footprint, and taking into account the 1980 Wetland Restriction.
Based upon these factors, it has been determined that the 1967 dredge channel footprint
provides the necessary volume of material during a three year project cycle.
i. Year 1 - dredge ~44,200 cubic yards from west tip of Sampson’s Island
ii. Year 2 - dredge ~44,200 cubic yards from west tip of Sampson’s Island
iii. Year 3 - dredge ~45,200 cubic yards from west tip of Sampson’s Island
The sequence of this revised project proposal is depicted below.
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The resource areas affected by the dredging proposal are:
Sampson’s Island Spit Dredging / Excavation to the 1967 channel limit:
i. Land Under the Ocean –76,000 square feet
ii. Beach – 98,400 square feet
iii. Dune – 93,000 square feet
b. Nourishment Proposal for 133,600 cubic yards.
The Project includes the following distribution of the 133,600 cubic yards of sand
obtained from the Sampson’s Island spit:
i. 72,200 cubic yards to reestablish the “baseline” at the eastern end of DNSI
(measured from on-going monitoring surveys), where this volume was calculated
based upon the most recent 5-year observed erosion rate of 14,440 cubic yards per
year. By the time beach nourishment commences in 2017, the existing
nourishment template will be 6 years beyond its design life and this initial volume
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to reestablish the “baseline” conditions represents the amount of material needed
to return the beach to conditions at the end of the beach template design life;
ii. 30,000 cubic yards to supply beach nourishment at the eastern end of DNSI;
iii. 20,000 cubic yards for dune restoration; and
iv. 11,400 cubic yards to enhance and restore specific habitat features at various
locations on DNSI.
The resource areas affected by the revised nourishment are as follows:
Dead Neck/Sampson’s Island Nourishment
i. Land Under the Ocean –310,000 square feet
ii. Beach –150,000 square feet
iii. Dune –30,000 square feet
At the completion of the current proposed dredging and nourishment schedule, the
goal for DNSI is to maintain the beach and dune system through regular (more
frequent) dredging and nourishment with smaller quantities every 2 to 3 years.
Approximately 12,000 cubic yards of material (annualized erosion rate along Dead
Neck from 1999 to 2013) would be required on an annual basis to maintain the beach
in its restored form.
B. Avoidance
1. Dredging Proposal
a. The reduced footprints associated with the Project represent a reduction of
approximately 5.5 acres of potential State listed nesting shorebird habitat impacted.
2. Time of Year Restriction
a. Time of Year restrictions for both the in water maintenance dredging and the beach
nourishment will be adhered to. All work will occur during the period of September
15 – March 15. Dredging will occur between October 16 and January 15.
C. Minimization
i. Nourishment Proposal
a. As proposed the shoreline slope of the deposited material from the reduced scope of
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work will be no steeper than 15:1, and in no case will the slope of material placed on
top from any other project exceed the original approved template not steeper than
10:1.
b. The surface of the deposited material shall be left unvegetated and no sand fencing
shall be installed.
D. Mitigation
1. Project Scope
This Management Project commits Three Bays/Mass Audubon to explicitly managing
DNSI to provide a Net Benefit in addition to avoiding and minimizing impacts to nesting
Piping Plovers and Least Terns in conjunction with other management goals for those
locations, and to mitigate unavoidable impacts. The key elements of the Management
Project are listed below, followed by a more complete description. Adherence to these
plan components will ensure compliance with both MESA and ESA. Under this plan,
Three Bays/Mass Audubon will be responsible for the actions listed below
Aerial photograph of DNSI system illustrating the various areas of long-term management.
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a. Predator Control
At DNSI a proactive predator control program that addresses recent issues with
predators of the Piping Plover and Least Tern nests has been implemented. The
program consists of a monitoring program, and predator management practices
including non-lethal and lethal methods and a public outreach program to educate
residents regarding the damage done by dogs on the beach during the nesting season.
The comprehensive control program is considered to provide a Net Benefit and will be
flexible to ensure that predator threats are proactively addressed, as necessary. Mass
Audubon and Three Bays Preservation have finalized a comprehensive predator
management plan for Dead Neck/Sampson’s Island. The plan includes actions to
control observed predators of coastal nesting birds including but not limited to
American and Fish Crow, Eastern Coyote, Raccoon, Virginia Opossum, Great Horned
Owl, Red Fox, Red-tailed Hawk, Common Grackle and predatory ants. The plan
utilizes both lethal and non-lethal actions as deemed appropriate and is based on
observed predator activity. It is important to note that non-lethal controls will be
preferentially implemented to the extent they are effective and adequate, lethal controls
will be used only when non-lethal controls are not adequate. The program currently
includes the following tasks:
i. Predator monitoring bi-weekly from January to September. Use of best practices
to determine presence, abundance and spatial distribution of coastal bird predators.
Predator indicators will be recorded on a daily basis during all regular monitoring
from March 15th to September 1st.
ii. All trapping and lethal control will be undertaken only with state and federal
permits and in consultation with state and federal wildlife agencies (MA Division
of Fisheries and Wildlife and US Fish and Wildlife Service). Removal of predator
perches including dune vegetation will be undertaken with applicable state and
town permits pursuant under the Wetlands Protection Act.
iii. All lethal management is being carried out on a professional contract basis in
consultation with USDA APHIS Wildlife Services personnel or other professional
consultants.
iv. Evaluation of the effectiveness of predator management actions and report
findings to NHESP each year by November 1st.
v. The applicants shall notify the MNHESP on or before January 1st of each year as
to what arrangements have been made for predator management.
b. Biological Monitoring
Biological monitoring will include measuring the abundance, distribution, reproductive
success, limiting factors and responses to habitat changes and management of nesting
Piping Plovers, Common Terns and Least Terns at DNSI. These activities currently
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take place and do not represent a Net Benefit. The Management Plan commits the
landowners to continue monitoring. The goal of biological monitoring is to determine
the level of nesting effort and success on-site, and consists of pre-nesting season
observations, to confirm the arrival of nesting birds and nest initiation, and subsequent
monitoring of nests and chicks to record nest success and productivity. The methods to
achieve these goals are listed briefly below. They provide a standardized approach to
measuring nest success and fledgling productivity, and will provide the data required
for filling out the Massachusetts Piping Plover Census Form and the Tern Census
Form, available from MNHESP’s coastal water bird conservation webpage.
i. Piping Plovers: Piping Plovers are territorial, nest singly, and produce precocial
young that follow their parents from protected areas where they rest to tidal areas
where they feed. Piping Plover chicks feed themselves, but rely on their parents
to guide them to and from their feeding and resting areas, and to warn them about
predators. Plover chicks are cryptic, but due to their activity and association with
their active parents, they are relatively easy to observe and count. To achieve
biological monitoring goals for Plovers, breeding surveys will follow these
general protocols:
1.1. Surveys will begin the first week of April and continue until all clutches have
failed or fledged.
1.2. Surveys will be conducted up to 6-7 days per week, depending upon the
weather, but not less than 3 days per week.
1.3. Initial surveys to identify territorial pairs and nest location will preferentially
be conducted when winds are relatively calm, light conditions are good, and
recreational beach use is relatively low.
1.4. Surveys will identify the total number of resident pairs present on the beach
for a season; unpaired and non-resident birds will also be recorded, as
observed.
1.5. The location of all nests, total number of eggs laid in each nest and, the
number of eggs hatched will be recorded.
1.6. Reason(s) for nest abandonment or failure will be determined, if possible.
1.7. The number of chicks to successfully fledge will be recorded.
1.8. Reason(s) for egg and chick mortality will be determined, if possible.
1.9. Instances of adult injury or mortality will be reported along with causes, if
determined.
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ii. Least and Common Terns: Least Terns and Common Terns nest colonially,
often in large groups, defending only a small area immediately surrounding their
nests from other terns. They produce altricial young that must be fed by adult
terns, and that remain in or near the nesting area when their parents leave to find
food. Young tern chicks are cryptic and because they may not move much or
intentionally hide, they can be difficult to observe and count. To achieve
biological monitoring goals, breeding surveys for terns will follow these general
protocols:
1.1. Weekly surveys to estimate the number of adults and young present will begin
the first week of May and continue until all clutches have failed or fledged.
1.2. Observations conducted up to 6-7 days per week in conjunction with Piping
Plover nest monitoring to determine first hatch date, but not less than 3 days
per week.
1.3. The location of colony and approximate number of nests will be recorded.
1.4. Reason(s) for nest abandonment or failure will be determined, if possible.
1.5. Reason(s) for adult or chick mortality will be determined, if possible.
The methods for both species are taken essentially verbatim from the Waterbird
Monitoring Protocol for Cape Cod National Seashore and other Coastal Parks, Refuges,
and Protected Areas (Irwin et al., 2003), published by the Cape Cod National Seashore.
Minor adjustment to the Irwin et al. (2003) protocol were made to account for working
in a limited area with known, previous nesting history, as compared to searching
extensive areas of beach with an unknown nesting history.
As described above, the biological monitoring incorporated into the DNSI Management
Project and renourishment project will extend through the duration of construction for
an anticipated six-year construction period and four years after completion of
construction, for a total of 10 years.
c. Beach Management
Mass Audubon and Three Bays Preservation will continue the present Beach
Management efforts which reduce the potential adverse impacts of human disturbance
to protected coastal birds. The goal of the Beach Management efforts will be to
eliminate adverse effects to birds that occur as a result of permitted access to the island,
and to prevent adverse impacts from unauthorized island access. Mass Audubon and
Three Bays Preservation endorse the Beach Management and provide explicit
permission to implement disturbance management actions on the island prior to
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dredging/renourishment. The Beach Management practices based on the USFWS’
Piping Plover Guidelines (1994) will include the following tasks:
i. Fencing and Signage - Deploy, adjust, and maintain symbolic fencing and electric
fencing to delineate and protect from predation critical nesting areas at DNSI. In
addition, other fencing (e.g. snow fencing where approved) may be used at DNSI
to restrict/redirect pedestrian access away from nesting and foraging habitats.
Areas of at least 50 meter-radius around nests above the high-tide line should be
delineated with warning signs and symbolic fencing. These areas will remain
fenced as long as viable eggs or unfledged chicks are present. Symbolic fencing
deployed at DNSI will consist of one or two strands of light-weight string, tied
between posts to delineate areas where pedestrians should not enter. Educational
signage explaining the purpose of the fence and statutory protections of Piping
Plovers and terns will be deployed every 200 feet along the fence. In addition,
signs readable from off-shore will be placed at beach landing sites to restrict the
landing of boats on the island.
ii. Each year, May 15 - August 15, qualified ranger/educators shall patrol the island
enforcing restrictions and providing information to visitors up to 6-7 days per
week, but not less than 3. The proponents may contract with professional
enforcement services to secure restricted areas should their services be required to
enforce the restrictions.
iii. Monitor rules infractions and report findings to MNHESP each year by
November 1st.
iv. The applicants shall notify the MNHESP on or before January 1st of each year as
to what arrangements have been made for disturbance management.
v. Excluding all recreational activities (e.g., walking, kite flying, sunbathing, ball
playing, etc.) from all habitat used or potentially used by impacted species during
the nesting season.
vi. No dogs allowed on the beach at any time.
vii. No kites or balloons on the island
viii. No fires or fireworks allowed on the island
d. Landform and Vegetation Management
Landform and Vegetation Management will increase habitat for nesting birds and is
considered to provide a Net Benefit. The Landform and Vegetation Management will
include the following tasks:
9 of 9
i. Habitat Enhancement Areas along the southern and southwestern faces of the
system where beach nourishment will be added to enhance and widen the frontal
beach.
ii. Slope Maintenance along the nourishment area will be performed seasonally as
approved by the permitting agencies. Slope maintenance will ensure continued
habitat access for coastal waterbirds as the natural erosion continues and allow for
easy passage of plover and tern chicks between inter-dune habitat and intertidal
zone.
iii. Vegetation Control in the northwestern end of Sampson’s Island to connect the
Habitat Enhancement Areas to Cotuit Bay.
iv. Selective Tree Removal near the southern Habitat Enhancement Areas to protect
the coastal waterbirds using the new habitat from predation.
v. Phragmites Control along the south end of Pirates Cove to prevent the further
spreading of this invasive species which could threaten other habitat areas.
NOTICE OF INTENT – MAY, 2023 Foth
COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT
TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS
EXHIBIT G
Suitability Determination
1
CENAE-PDE 8 April 2020
FINAL Sampling and Analysis Plan for the Barnstable, MA 10-Year
Comprehensive Dredge & Beach Nourishment Program, CENAE-R-2015-01632
1. Project Description: The Town of Barnstable is preparing a 10-year
comprehensive plan for maintenance dredging of the historically sandy portions
of the town channels in Barnstable Harbor, Centerville Harbor, the Three Bays
Region, and Prince Cove (Figure 1). Suitable sandy material from these areas will
be used to nourish beaches in the vicinity of each project (See Table 1 and
Figures 2-5). The current plan for the 2020 dredge cycle includes the removal of
approximately 188,436 cubic yards (CY) of predominantly sandy material from
shoals totaling 104 acres across the four project areas. All project areas will be
hydraulically dredged by the Barnstable County Dredge (BCD) to the various
permitted depths plus one foot of allowable overdepth. Suitable sandy material will
be placed across the 10 designated shoreline areas described in the sections
below for the purpose of beach nourishment. The upland placement action
proposed in the vicinity of Sandy Neck will not be evaluated by the Army Corps
of Engineers (USACE) as this site is not regulated under Section 404 of the CWA.
A summary of the proposed dredge areas, volumes, depths, and anticipated
nourishment sites is presented by project area and waterway in Table 1.
The purpose of the sampling and analysis plan described below is to gather
information to support a suitability determination for the proposed placement
options. This sampling and analysis effort will include the collection of sediment
samples from the proposed dredging and beach placement sites for grain size
analysis and, if necessary, bulk chemical analysis. Based on multiple rounds of
existing data it is expected that the material from the programs channels will
meet the exclusionary criteria established in §230.60(a). All sampling and
analysis activities described in this plan shall follow the requirements set forth
in the “Regional Implementation Manual for the Evaluation of Dredged Material
Proposed for Disposal in New England Waters" (RIM) dated May 6, 2004.
2. Conceptual Site Model: The New England District (NAE) of the US Army
Corps of Engineers (USACE) reviewed historic testing data, previous
environmental assessments, water quality data, adjacent land-use information,
and interviewed local officials to develop a conceptual site model (CSM) for each
of the dredge areas specified in the Barnstable 10-Year Comprehensive Dredge
& Beach Nourishment Program. This CSM was used to characterize the system
within each area and to identify potential sources of contamination, site-specific
contaminants of concern, exposure pathways, and biological receptors in order
to inform this sampling and analysis plan.
Chapaquoit Beach
70°15'0"W
70°15'0"W
70°20'0"W
70°20'0"W
70°25'0"W
70°25'0"W
41°45'0"N41°45'0"N41°40'0"N41°40'0"NFIGURE 1BARNSTABLE 10 YEAR DREDGE PLANPROPOSED PROJECT AREAS «US Army Corps
of Engineers
New England District
2018 NAIP AERIAL IMAGERY GCS NAD1983
PRINCECOVE
BARNSTABLE HARBOR/SANDY NECK
CENTERVILLEHARBOR
THRE BAYSREGION
MA
RICT
NH
0 1 2 3Miles
1:100,000012 3Kilometers
Sampling and Analysis Plan for the Barnstable, MA 10-Year Comprehensive Dredge & Beach Nourishment
Program, CENAE-R-2015-01632
3
Table 1: Summary of Proposed Dredge Areas and Placement Sites 2020
Waterway Project Area and Depth
(FT MLW)
Current Dredge
Footprint (Acres)
Current Dredge
Volume (CY)
Proposed Placement
Sites
Barnstable Harbor-Sandy Neck - Total Volume: 1,305 CY
Barnstable Harbor Entrance Channel: -6 2 1,305
Millway Beach
Sandy Neck Public
Beach
Sandy Cottage Area
Centerville Harbor - Total Volume: 18,752 CY
East Bay Entrance Channel: -6 3.2 149
Long Beach
Craigville Beach
Covell’s Beach
Centerville River Main Channel:-6
Spur Channel: -4 10.4 18,386
Bumps River Channel: -4 0.3 217
Three Bays - Total Volume: 155,649 CY
Cotuit Bay
Entrance Channel: -8
Embayment Channel: -7,-9,-10,-11
Hoopers Landing: -6
Town Landing: -3.5
28.3 45,251
Dead Neck
Cross St. (Riley’s) Beach
Ropes Beach
West Bay
Entrance Channel: -8
Inner Channel: -11
Spur Channel: -8
18.2 63,657
North Bay Narrows Channel: -8
Bay St Channel: -6 23.7 38,681
Seapuit River Channel -6 and -7 7.4 8,042
Prince Cove - Total Volume: 12,748 CY
Prince Cove Entrance Channel: -6
Marina Channel and Basin: -6 10.6 12,748
Dead Neck
Cross St. (Riley’s) Beach
Ropes Beach
70°16'0"W
70°16'0"W
70°18'0"W
70°18'0"W
70°20'0"W
70°20'0"W
70°22'0"W
70°22'0"W
41°46'0"N41°46'0"N41°44'0"N41°44'0"N41°42'0"N41°42'0"NBarnstable YarmouthSandwichDe
n
n
i
s
FIGURE 2BARNSTABLE 10 YEAR DREDGE PLANBARNSTABLE HARBORUS Army Corps
of Engineers
New England District
2018 NAIP AERIAL IMAGERY GCS NAD1983
BARNSTABLE HARBOR
SANDY NECK PUBLIC BEACHNOURISHMENT AREA
SANDY NECK COTTAGE BEACHNOURISHMENT AREA
MILLWAY BEACH NOURISHMENT AREA
BARNSTABLE HARBOR ENTRANCE CHANNEL (-6')
«
0 1 2Miles
1:55,00001 2Kilometers
CAPE COD BAY
Barnstable
Sandwich
YarmouthMashpeeCENTERVILLE RIVER
BUMPS RIVER
EAST BAY
CENTERVILLE RIVER
LONG BEACH
CRAIGVILLE BEACH
70°21'0"W
70°21'0"W
70°21'30"W
70°21'30"W
70°22'0"W
70°22'0"W
41°38'30"N41°38'30"N41°38'0"N41°38'0"N41°37'30"N41°37'30"NFIGURE 3BARNSTABLE 10 YEAR DREDGE PLANCENTERVILLE HARBORUS Army Corps
of Engineers
New England District
2018 NAIP AERIAL IMAGERY GCS NAD1983
«
0 1,000 2,000Feet
1:12,0000250 500Meters
EAST BAY ENTRANCE CHANNEL (-6')
CENTERVILLE RIVER CHANNELLOWER REACH (-7')
EAST BAY
CENTERVILLE RIVER CHANNELUPPER REACH (-6')
BUMPS RIVER CHANNEL (-4')
CENTERVILLE RIVERSPUR CHANNEL (-4')
LONG BEACHNOURISHMENT AREA
NANTUCKET SOUND
Barnstable
Sandwich
YarmouthMashpeeCENTERVILLE RIVER
BUMPS RIVER
EAST BAY
CENTERVILLE RIVER
LONG BEACH
CRAIGVILLE BEACH
70°24'0"W
70°24'0"W
70°25'0"W
70°25'0"W
70°26'0"W
70°26'0"W
41°38'0"N41°38'0"N41°37'0"N41°37'0"N41°36'0"N41°36'0"NFIGURE 4BARNSTABLE 10 YEAR DREDGE PLANTHREE BAYS REGIONUS Army Corps
of Engineers
New England District
2018 NAIP AERIAL IMAGERY GCS NAD1983
«
0 1,000 2,000 3,000Feet
1:21,0000250500 750Meters
DEAD NECK BEACHNOURISHMENT AREA
COTUIT BAY
COTUIT BAYENTRANCE CHANNEL
COTUIT EMBAYMENTCHANNEL
(-9')
HOOPERS LANDING
COTUIT TOWN LANDINGAND CROSS STREET BEACHNOURISHMENT AREA
SEAPUIT RIVER CHANNEL
WEST BAY SPUR CHANNEL
WEST BAY ENTRANCE CHANNEL
BAY STREETCHANNEL
NORTH BAY"NARROWS" CHANNEL
WEST BAY
NORTH BAY
(-10')
(-7')
(-11')
(-11')
(-8')
NANTUCKET SOUND
(-7')
(-6')
(-8')
(-8')
(-6')
(-8')
(-6')
(-4.5')
ROPES BEACHNOURISHMENT AREA
Barnstable
Sandwich
YarmouthMashpeeCENTERVILLE RIVER
BUMPS RIVER
EAST BAY
CENTERVILLE RIVER
LONG BEACH
CRAIGVILLE BEACH
70°24'15"W
70°24'15"W
70°24'30"W
70°24'30"W
70°24'45"W
70°24'45"W
41°38'45"N41°38'45"N41°38'30"N41°38'30"N41°38'15"N41°38'15"NFIGURE 5BARNSTABLE 10 YEAR DREDGE PLANPRINCE COVEUS Army Corps
of Engineers
New England District
2018 NAIP AERIAL IMAGERY GCS NAD1983
«
0 250 500 750 1,000Feet
1:7,0000100 200 300Meters
PRINCE COVEMARINA BASIN (-6')
PRINCE COVE PRINCE COVEENTRANCE CHANNEL (-6')
NORTH BAY
WARREN'S COVE
Sampling and Analysis Plan for the Barnstable, MA 10-Year Comprehensive Dredge
& Beach Nourishment Program, CENAE-R-2015-01632
8
Barnstable Harbor – Sandy Neck: Barnstable Harbor, located approximately 10
miles east of the Cape Cod Canal entrance, is a natural harbor on the northern shore
of Cape Cod. The harbor is home to a small recreational and commercial fishing fleet
and is a popular destination for transient boaters. Access to the inner harbor is
facilitated by a 6 foot deep (MLW), 60 foot wide channel that extends approximately 0.2
miles from deep water to the head of navigation along the town waterfront. Waterfront
facilities include a Town Marina with 88 slips, fuel docks, parking, a public boat ramp,
and several commercial marine service centers.
The Sandy Neck Barrier Beach System shelters the north and northwest portion of
Barnstable Harbor and was designated as an Area of Critical Environmental
Concern (ACEC) in 1978 by the state due to the natural resources, wildlife,
endangered species, and recreational opportunities found on site. Several
residential properties are located on the southeast end of the Sandy Neck
Peninsula.
Water quality in the vicinity of Barnstable Harbor is dictated by tidal exchange with
Cape Cod Bay to the north and freshwater input from several small creeks and
streams to the south and west. The Commonwealth of Massachusetts designates
the waters of Barnstable Harbor as Class SA (314 CMR 4.06). Class SA waters are
considered excellent habitat for fish, other aquatic life, and wildlife, and are
suitable for shellfish harvesting and for primary and secondary contact recreation
(MassDEP 2018).
The Barnstable Harbor channel requires periodic maintenance dredging in order
to maintain a safe and navigable waterway. The outer entrance channel was last
dredged by the Town in 2017 when 8,226 cubic yards of sand was hydraulically
removed and placed along Millway Beach, Sandy Neck Public Beach, and in the
Sandy Cottage area for beach nourishment. Sediment sampling and testing of the
outer entrance channel was performed in 2014 documented the material as
predominantly coarse grained (93-98% sand and gravel). Dredging activities within
Barnstable Harbor under the 10-year plan will be limited to the outer-most ±1,125
linear feet of the channel as this area has historically contained coarse grained
sediments suitable for beach nourishment.
Based on a review of available data and communication with local officials NAE
determined that there has been one documented spill of gasoline (4-6 gallons) off
of Salten Point, approximately 800 feet west of the dredge site. There are 2 known
outfalls along the Barnstable harbor waterfront and 5 documented outfalls along
Mill Creek, a tributary to the harbor. Following this tier one review of the site
characteristics and the available historical data, the entrance channel of
Barnstable Harbor was given a low-moderate risk ranking according to the
following matrix (Table 2, adapted from USACE 2014):
Sampling and Analysis Plan for the Barnstable, MA 10-Year Comprehensive Dredge
& Beach Nourishment Program, CENAE-R-2015-01632
9
Table 2. Project Risk Ranking
Rank Guidelines
Low Few or no sources of contamination. Data available to verify no
significant potential for adverse biological effects.
Low-Moderate Few or no sources of contamination but existing data is insufficient
to confirm ranking.
Moderate
Contamination sources exist within the vicinity of the project with
the potential to produce chemical concentrations that may cause
adverse biological effects.
High
Known sources of contamination within the project area and
historical data exists that has previously failed biological testing.
Centerville Harbor: The Centerville Harbor region is located on the south side of
Barnstable, approximately 3.5 miles west of the village of Hyannis. Navigable
waterways within this region include the East Bay, Centerville River, and the
Bumps River. The Bumps River and Centerville River both flow into the East Bay
which empties into Nantucket Sound. The East Bay entrance channel is 6 feet deep
(MLW), 0.4 miles long, and is flanked by Dowses Point to the west and Long Beach
to the East. A stone jetty extends along the western shoreline at Dowses Point and
provides stabilization to the East Bay Entrance channel. The Centerville River
includes a 7 foot deep (MLW), 0.7 mile long lower reach channel; a 6 foot deep
(MLW), 0.75 mile long upper reach channel; and 4 foot deep (MLW), 0.3 mile long
spur channel. The Bumps River channel is 4 feet deep (MLW) and extends 0.07
miles upstream to a point between two residential neighborhoods.
The East Bay-Centerville River system is an active waterfront that supports
recreational boating activities, two public landings, and several private docks and
piers. The Town of Barnstable manages a few dozen moorings within the Centerville
River. Other land use in the area is a mix of low to moderate density residential
properties along the northern and southern waterfront, and public recreation areas
to the south along Nantucket Sound. The upstream portion of the Centerville River
is bounded by an extensive of salt marshes system. Two public beaches, Long
Beach and Craigville Beach, are located adjacent to the Centerville River channel.
Water quality in the vicinity of Centerville Harbor is dictated by tidal exchange with
Nantucket Sound to the south and freshwater input from the Centerville River and
Bumps River to the north. The Commonwealth of Massachusetts designates the
waters of Centerville Harbor as Class SA (314 CMR 4.06). Class SA waters are
considered excellent habitat for fish, other aquatic life, and wildlife and are suitable
for shellfish harvesting and for primary and secondary contact recreation
(MassDEP 2018).
Sampling and Analysis Plan for the Barnstable, MA 10-Year Comprehensive Dredge
& Beach Nourishment Program, CENAE-R-2015-01632
10
Projects within the Centerville Harbor Region were most recently dredged between
2003 and 2014 and the material was placed along Dowses Beach, Long Beach,
Craigville Beach for nourishment:
Table 3: Centerville Harbor Region Dredge History
Project Area
Project
Depth
(FT MLW)
Dredged
By
Date Last
Dredged
Material
Removed
(CY)
Material
Type
Centerville
River Upper
Reach, Spur,
and Bumps
River Channel
-6, -4, -4 Town 2006 25,000 Sandy and
Silty
Centerville
River Lower
Reach Channel
-7 Town 2003 40,700 Sandy
East Bay
Entrance
Channel
-6 Town 2013-2014 9,569 Sandy
There is limited data available for the Centerville Harbor Region project areas.
Sampling and testing of 20 sediment samples from the Centerville River channel
performed between 1999 and 2000 documented that the material from 8 of the
samples contained 15% or more silt and clay. The remaining samples contained
between 86.34 and 98.44% sand and gravel. Sampling and testing of 20 sediment
samples from East Bay in 2012 found the material throughout the waterway to be
predominantly sand and gravel (93-98%). The location of these samples and the
previous dredge footprints was unavailable at the time this SAP was written.
Based on a review of available data and communication with local officials NAE
determined that there are total of 5 oil spill incidents were reported to MA DEP
within the vicinity of existing outfalls that could have resulted into a related
discharge into East Bay, Centerville River and/or the Bumps River. There are 18
town documented outfalls that occur within the vicinity of the Centerville Harbor
area: 2 outfalls are located along the waterfront of the Centerville River lower reach
channel, 2 outfalls are located along the waterfront of the Centerville River spur
channel, 2 outfalls are located along the waterfront of the Bumps River channel,
and 1 outfall is located along a direct tributary to the Centerville River. Following
this tier one review of the site characteristics and the available historical data, the
Centerville Harbor region was given a low-moderate risk ranking.
Three Bays: The Three Bays Region in Barnstable consists of a large and complex
estuary system with multiple inlets and sub-embayment’s situated along the
northern shore of Nantucket Sound. Cotuit Bay and West Bay each connect
Nantucket Sound with North Bay. The Seapuit River connects Cotuit Bay and West
Bay, and separates Grand Island and Dead Neck Island. North Bay is the smallest
Sampling and Analysis Plan for the Barnstable, MA 10-Year Comprehensive Dredge
& Beach Nourishment Program, CENAE-R-2015-01632
11
of the Three Bays and West Bay is formed largely by the enclosure of Little Island
and Oyster Harbors to the north and west. Cotuit Bay includes an 8 foot deep
(MLW), 0.6 mile long entrance channel; a 1.15 mile long embayment channel which
varies from 7 to 11 feet in depth (MLW); a 2.5 and 4.5 foot deep (MLW) basin at the
Cotuit Town Landing; and a 6 foot deep (MLW), 0.07 mile long channel in the
vicinity of Hoopers Landing. North Bay is connected to Cotuit Bay by the 8 foot
deep (MLW), 0.7 mile long “Narrows” channel; and to West Bay by the 6 foot deep
(MLW), 0.5 mile long “Bay Street” channel. West Bay includes an 8 foot deep (MLW),
0.6 mile long outer entrance channel; an 11 foot deep (MLW), 0.7 long inner
entrance channel; and an 8 foot deep (MLW), 0.1 mile long spur channel. The
Cotuit Bay embayment channel and the West Bay spur channel are connected to
each other by the 7 foot deep (MLW), 0.17 mile long Seapuit River channel.
The Three Bay system supports a variety of water dependent uses that meet local
recreational, transient and commercial boating needs. There are 5 public access
boat ramps located within the Three Bays as well as several privately owned boat
yards, marinas, and other marine service facilities. Land use along the waterfront
is a mix of residential properties, small commercial developments, and two golf
courses. Dead Neck Island consists of Oyster Harbor Beach and the Mass Audubon
Sampsons Island Wildlife Sanctuary.
Water quality in the Three Bays area is dictated by tidal exchange with Nantucket
Sound to the south and freshwater input from the Marstons Mill River located
upstream from North Bay. The Commonwealth of Massachusetts designates the
waters of the Three Bays area as Class SA (314 CMR 4.06). Class SA waters are
considered excellent habitat for fish, other aquatic life, and wildlife and are suitable
for shellfish harvesting and for primary and secondary contact recreation
(MassDEP 2018).
Projects within the Three Bays Region were most recently dredged between 1940
and 2010 and the material was placed along Dead Neck Beach for beach
nourishment:
Sampling and Analysis Plan for the Barnstable, MA 10-Year Comprehensive Dredge
& Beach Nourishment Program, CENAE-R-2015-01632
12
Table 4: Three Bays Region Dredge History
Project Area
Project
Depth
(FT MLW)
Dredged By Date Last
Dredged
Material
Removed
(CY)
Material
Type
Cotuit Bay
Entrance Channel -8 Three Bays
Preservation 1998 15,850 Sandy
Cotuit
Embayment
Channel
-7, -8, -9,
-10
Three Bays
Preservation 1998 15,850 Sandy
Cotuit
Embayment
Channel
-10 Three Bays
Preservation 2002 No Data Sandy
Cotuit Town
Landing -2.5, -4.5 Town 2010 850 Sandy
Hoopers Landing
basin -6 State 1940 No Data Sandy
Seapuit River
Channel -7 State 1955 No Data Sandy
West Bay
Entrance Channel -8 State 1981 No Data Sandy
North Bay
“Narrows”
Channel
-8 State 1971 No Data Sandy
North Nay “Bay
Street” Channel -6 State 1982 No Data Sandy
Sediment sampling and testing performed by the Three Bays Preservation in 2009
documented the material in the entrance channel to Cotuit Bay as sand and gravel
with less than 1% fine grained material. Sediment sampling and testing performed
by the Three Bays Preservation in 2007 documented the material from the North
Bay region to be predominately sand and gravel with less than 1% fine grained
material.
Based on a review of available data and communication with local officials NAE
determined that there have been 14 documented fuel spills or incidents involving
an unknown sheen reported to Nuclear Regulatory Commission (NRC) and 15 oil
spill incidents reported to MA DEP within Cotuit Bay, North Bay, and West Bay
between 1996 and 2014. The Harbormaster’s office reported an oil spill in 2003
from Crosby’s Yacht Yard, located to the north of the Bridge Street Bridge in North
Bay. In 2008 a hazardous spill with reported elevated concentrations of benzene
and aliphatic hydrocarbons occurred at 905 Main Street on the western side of
Cotuit Bay. There are 18 town outfalls located throughout 3 Bays Region: 6 outfalls
are located along the waterfront in Cotuit Bay and 5 outfalls along the waterfront
in West Bay. Following this tier one review of the site characteristics and the
available historical data, the Three Bays region was given a low-moderate risk
ranking.
Sampling and Analysis Plan for the Barnstable, MA 10-Year Comprehensive Dredge
& Beach Nourishment Program, CENAE-R-2015-01632
13
Prince Cove: Prince Cove is connected to North Bay and the Three Bays system
by an entrance channel in the Mill River. Prince Cove includes a 6 foot deep (MLW),
0.8 miles long entrance channel, and a 6 foot deep (MLW) basin. The Prince Cove
Marina facility is located at the entrance of the cove and has been owned and
operated by the town since 2002. The marina provides public access to the cove as
well as slips for approximately 36 vessels, with 100 moorings located within the
cove directly seaward and to the south of the docks. A public boat ramp is located
on the north side of the marina. Other land use along the waterfront is primarily
private residences and docks.
.
Water quality in the vicinity of Prince Cove is dictated by tidal exchange with the
Nantucket Sound through the Three Bays system and freshwater input from the
Marstons Mill River. The Commonwealth of Massachusetts designates the waters
of the Three Bays area as Class SA (314 CMR 4.06). Class SA waters are considered
excellent habitat for fish, other aquatic life, and wildlife and are suitable for
shellfish harvesting and for primary and secondary contact recreation (MassDEP
2018).
The Prince Cove was last dredged in 1956 when approximately 12,750 CY of sandy
material was removed from the 6 foot channel and basin. The record plans for this
effort did not identify a disposal/reuse site for sediments or previous sampling
records.
Based on a review of available data and communication with local officials NAE
determined that there has been 1 reported incident involving an oily sheen
documented by the NRC in the vicinity of the Prince Cove Marina in 2009 and 1
incident involving an oily sheen reported to MA DEP in the vicinity of Prince Cove
in 2002. There are 5 documented outfalls surrounding the Prince Cove area, none
are located along the waterfront. Following this tier one review of the site
characteristics and the available historical data, the Prince Cove region was given
a low-moderate risk ranking.
3. Sample Collection: The Applicant shall collect sediment cores from 59
locations in the proposed dredge area as specified in Tables 5-8 (also see Figures
6-18). These locations were selected based on information from the CSMs above,
the low-moderate risk rating for all project areas, and shoals identified in the most
recent project conditions surveys. All core samples shall be collected to the proposed
dredge depth plus the overdredge amount. The required core length shall be
determined at the time of the sampling effort using measured water depths at each
location corrected to MLW. If fine grained sediments are encountered in any of the
proposed project areas then adjacent core locations should be selected by the
applicant, in consultation with NAE, and sampled in order to define the spatial
extent of this material. Representative sediment samples shall also be collected
from 24 locations throughout the proposed beach nourishment sites as specified
in Table 9 (also see Figures 6-18).
Sampling and Analysis Plan for the Barnstable, MA 10-Year Comprehensive Dredge
& Beach Nourishment Program, CENAE-R-2015-01632
14
Upon collection all cores shall be measured and maintained in an upright position
for a minimum of 15 minutes to allow any fine-grained material to settle. After a
core has settled it shall be re-measured before any overlying water is drained. All
cores shall be split lengthwise, photographed with a stadia rod for scale, and
described in accordance with ASTM D 2488 (Standard Practice for Description and
Identification of Soils). If any core shows significant stratification or obvious signs
of contamination in the opinion of the sampling crew, in consultation with NAE
staff, then subsamples shall be made of each layer. A composite of the dredge
interval within each core or core layer shall be collected for grain size analysis and,
if the material is not predominantly coarse grained, the bulk chemical analyses
described in the sections below. All sediments held for testing shall be stored in
accordance with the requirements in Table 10 (from Table 8-9 in Evaluation of
Dredged Material Proposed for Ocean Disposal, Testing Manual, 1991). Sample
chain of custody forms shall be maintained by the Applicant and submitted to NAE
with the data package described in section 5 of this SAP.
Vessel positioning shall be achieved using a Global Positioning System (GPS) that
has been calibrated on site using a known reference point. The required horizontal
accuracy at each sample location shall be 10 feet or less. Water depths at each
location are to be determined with an accuracy of ±0.1 foot (relative to MLW). All
sample data including date, time, latitude, longitude, GPS accuracy, measured
water depth, tidal correction, core penetration and recovery shall be recorded in a
sampling log (Figure 19 or equivalent) and provided to NAE with the Applicant’s
core descriptions and photographs. All coordinate data shall be reported in
geographic NAD 83 decimal degree format. All depth data shall be reported in
tenths of feet.
4. Grain Size and Bulk Chemical Analysis: Each core or core layer from the
dredge area shall be individually analyzed for grain size and the results reported to
NAE. It is expected that the material from dredge areas proposed in the Barnstable
10-Year Comprehensive Dredge & Beach Nourishment Program will meet the
exclusionary established in §230.60(a). If further testing is required then NAE will
provide the Applicant with a compositing plan for bulk chemical analysis based on
sample proximity, physical characteristics recorded during the core description
process, and the results of grain size analysis. Testing parameters, analytical
methods, and reporting limits to be used are outlined in Table 11 (extracted from
Tables 1, 2, and 3 of the RIM). The listed analytical methods are recommended but
can be replaced by other methods that will give the required reporting limits.
Additional guidance on the physical and chemical analysis of sediments can be
found in chapter 5 of the RIM.
All laboratories used for this project must have an approved Laboratory Quality
Assurance Plan (LQAP) on file with NAE. Any data produced from a lab without an
approved LQAP will not be accepted. The RIM, a list of laboratories with approved
LQAPs, and the reporting format and requirements for electronic submission of
data are available for download through the NAE website:
Sampling and Analysis Plan for the Barnstable, MA 10-Year Comprehensive Dredge
& Beach Nourishment Program, CENAE-R-2015-01632
15
http://www.nae.usace.army.mil/Missions/Regulatory/Dredged-Material-
Program/.
5. Reporting: All sediment testing data is required to be submitted
electronically in the electronic data deliverable (EDD) format available on the NAE
website (http://www.nae.usace.army.mil/Missions/Disposal-Area- Monitoring-
System-DAMOS/Electronic-Data-Deliverables.aspx). Hard copy data submission is
also required but may be substituted with a printer friendly, easy- to-read format
(e.g., PDF, MS Word). Any analytes not detected shall be reported as half the method
detection limit (MDL) and qualified with a “U”. RIM quality control summary tables
are required to be submitted with each project dataset. These tables are found in
Appendix II of the RIM.
6. Contact Information: Questions about this plan should be directed to
Gabriella Saloio (phone: 978-318-8138 e-mail: Gabriella.J.Saloio@usace.army.mil).
GABRIELLA J. SALOIO
Biologist
New England District
U.S. Army Corps of Engineers
Gabriella Saloio
Sampling and Analysis Plan for the Barnstable, MA 10-Year Comprehensive Dredge
& Beach Nourishment Program, CENAE-R-2015-01632
16
Table 5: Barnstable Harbor Sample Locations
Project Area Station Long
(NAD 83)
Lat
(NAD 83)
Project
Depth
(FT MLW)
Allowable
Overdepth
(FT)
Outer Entrance
Channel
BH-1 -70.301090 41.710654 6.0 1.0
BH-2 -70.301690 41.709703 6.0 1.0
Table 6: Centerville Harbor Sample Locations
Project Area Station Long
(NAD 83)
Lat
(NAD 83)
Project
Depth
(FT MLW)
Allowable
Overdepth
(FT)
East Bay
Entrance
Channel
CH-EB-1 -70.36255 41.623163 6.0 1.0
CH-EB-2 -70.36672 41.625073 6.0 1.0
Centerville
River Lower
Reach Channel
CH-LR-4 -70.35848 41.633685 6.0 1.0
CH-LR-3 -70.36111 41.632299 6.0 1.0
CH-LR-2 -70.36357 41.630621 6.0 1.0
CH-LR-1 -70.36629 41.628017 6.0 1.0
Centerville
River Upper
Reach Channel
CH-UR-5 -70.34516 41.637342 6.0 1.0
CH-UR-4 -70.34863 41.636797 6.0 1.0
CH-UR-3 -70.34972 41.637601 6.0 1.0
CH-UR-2 -70.35191 41.636211 6.0 1.0
CH-UR-1 -70.35656 41.634459 6.0 1.0
Centerville
River Spur
Channel
CH-S-1 -70.34526 41.639007 4.0 1.0
CH-S-2 -70.34724 41.638176 4.0 1.0
CH-S-3 -70.34813 41.637353 4.0 1.0
Bumps River
Channel CH-BR-1 -70.35767 41.634663 4.0 1.0
Sampling and Analysis Plan for the Barnstable, MA 10-Year Comprehensive Dredge
& Beach Nourishment Program, CENAE-R-2015-01632
17
Table 7: Three Bays Region Sample Locations
Project Area Station Long
(NAD 83)
Lat
(NAD 83)
Project
Depth
(FT MLW)
Allowable
Overdepth
(FT)
Cotuit Bay
Entrance
Channel
TBR-CB-1 -70.43406 41.603423 8.0 1.0
TBR-CB-2 -70.43176 41.600237 10.0 1.0
Cotuit
Embayment
Channel
TBR-CB-3 -70.43466 41.608396 10.0 1.0
TBR-CB-4 -70.42779 41.61114 11.0 1.0
TBR-CB-5 -70.43020 41.607986 11.0 1.0
TBR-CB-6 -70.43236 41.608635 11.0 1.0
TBR-CB-7 -70.42437 41.611851 9.0 1.0
TBR-CB-8 -70.42724 41.612145 9.0 1.0
TBR-CB-9 -70.42117 41.610391 7.0 1.0
Seapuit River
Channel
TBR-SR-1 -70.41935 41.609333 6.0 1.0
TBR-SR-2 -70.41321 41.609142 6.0 1.0
TBR-SR-3 -70.41075 41.609334 6.0 1.0
TBR-SR-4 -70.40758 41.60874 6.0 1.0
TBR-SR-5 -70.40365 41.608349 7.0 1.0
TBR-SR-6 -70.40549 41.608239 7.0 1.0
West Bay Outer
Entrance
Channel
TBR-WB-1 -70.40104 41.604929 8.0 1.0
West Bay Inner
Entrance
Channel
TBR-WB-3 -70.40083 41.610167 11.0 1.0
TBR-WB-4 -70.40045 41.613746 11.0 1.0
TBR-WB-5 -70.40078 41.616579 11.0 1.0
TBR-WB-6 -70.39963 41.618779 11.0 1.0
West Bay Spur
Channel TBR-WB-2 -70.40237 41.608281 8.0 1.0
Bay Street
Channel
TBR-NB-1 -70.39638 41.619371 1.0
TBR-NB-2 -70.39634 41.622046 8.0 1.0
TBR-NB-3 -70.39594 41.624636 8.0 1.0
TBR-NB-4 -70.39825 41.628672 8.0 1.0
TBR-NB-5 -70.40275 41.630479 8.0 1.0
North Bay
Narrows
Channel
TBR-NB-6 -70.40889 41.630234 8.0 1.0
TBR-NB-7 -70.41267 41.628871 8.0 1.0
TBR-NB-8 -70.41508 41.626787 8.0 1.0
TBR-NB-9 -70.41762 41.625534 8.0 1.0
Hoopers
Landing
TBR-HL-1 -70.43222 41.619867 6.0 1.0
TBR-HL-2 -70.43261 41.620559 6.0 1.0
Cotuit Town
Landing
TBR-CTL-1 -70.43335 41.616294 2.5-5.5 1.0
TBR-CTL-2 -70.43349 41.616244 2.5-5.5 1.0