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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
SE3-3743
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
and § 237-1 to § 237-14 Town of Barnstable Code
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer,use Three Bays Preservation, Inc.
only the tab key Name
to move your c/o Sullivan Engineering & Consulting, Inc.cursor-do not
use the return Mailing Address
key. Osterville MA 02655
Cityrrown State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Three Bays Preservation, Inc.
Name
NOV 21, 2000 SE3-3743
Dated DEP File Number
3. The project site is located at:
Dead Neck Barrier Beach on Three Bays Cotuit&Osterville
Estuary Village
050 001 & 002
Assessors Map Number Assessors Parcel Number
the final Order of Condition was recorded at the Registry of Deeds for:
Paul Mellon c/o Massachusetts Audubon Society
Property Owner(if different)
Barnstable
County Book Page
820031 173003 3 &4 15354-A
Document Certificate Lot# Plan#
4. A site inspection was made on:
n/a
Date
wpafrm8b.doc•rev.12/23/09 Town of Barnstable revised 6/1/2010 WPA Form 8B,Certificate of Compliance•Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance SE3- 3743
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
and § 237-1 to § 237-14 Town of Barnstable Code
B. Certification
Check all that apply:
Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
Ongoing Conditions: The following conditions of the Order shall continue:
Include any conditions contained in the Final Order, such as maintenance or
monitoring, that should continue for a longer period).
Condition Numbers:
Conditions at the site shall be governed by subsequent file SE3—5053.
C. Authorization
Issued by:
Town of Barnstable JUL 9, 2019
Conservation Commission Date of Issuance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office (See
http://www.mass.gov/dep/about/region/findyour.htm).
Signatures:
V
VVJ
wpafrm8b.doc-rev.12/23/09 Town of Barnstable revised 6/1/2010 WPA Form 8B,Certificate of Compliance•Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
SE3-3743
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
and § 237-1 to § 237-14 Town of Barnstable Code
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
Town of Barnstable
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Dead Neck Barrier Beach on Three Bays Estuary, Cotuit&Osterville SE3-3743
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Barnstable
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpafrm8b.doc•rev.12/23/09 Town of Barnstable revised 6/1/2010 WPA Form 8B,Certificate of Compliance•Page 3 of 3
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secj@suiliV.anen,gin.com www:sullevanengln;com
March 4, 2019
Conservation Commission
Town of Barnstable
200 Main Street
Hyannis, MA 02601
RE: SE3-3743 (Dredging&Nourishment)
Document#820,031
Land Court Certificate #173,003
Three Bays Preservation
Dead Neck Sampsons Island
Dear Commissioners,
Per the applicants request we have reviewed the records of the above referenced project.
We believe the work was completed in substantial compliance with the Order.
We did not readily locate a 2001 post dredge survey referenced in the file,but a report
containing post dredge information from 2004 and 2008 is in your records.
Subsequent dredging and nourishment has been approved and phase one implemented
under SE3-5053, which file contains additional topographic information of the island and
surrounding waters.
We would request the Certificate of Compliance be issued.
We have attached Form C, and fee associated with this request.
I trust this meets your present needs.
Very rely yours,
RECEIVED
i
Jo O'Dea, P.E.
MAR - 7 2019
Sullivan Engineering& Consulting, Inc.
13ARNSTA13LE CONSERVATION
Page 1 of 1
r
SINE Town of Barnstable
Conservation Commission Form C
M &
039.
200 Main Street
Hyannis Massachusetts 02601
Office: 508-862-4093 E-mail: conservation@town.barnstable.ma.us FAX: 508-778-2412
Certificate of Compliance Request
SEX 3743 OOC expiration date: 11/12/2016 Applicant Name: Three Bays Preservation
Project Location Dead Neck Sammons Island Map: 050 Parce 001 &002
Compliant Non-
Compliant Please check the appropriate box. Enter n/a if not applicable.
X I All Special Conditions in the Order of Conditions have been reviewed.
Any issues of non-performance or non-compliance have been noted in the
cover letter.
N/A
Work limit line was not exceeded by any alteration or cutting.
N/A
No plan deviations within the 50' setback from resource area.
N/A
No plan deviations between 50' and 100' of the resource area.
N/A
Areas disturbed during construction have been revegetated. Mulching is
not a substitute for vegetation.
N/A
Piers,ramps and floats in storage are the permitted size,shape and
configuration
This checklist does not relieve applicants and their representatives from compliance with other
general and special conditions of the Order of Conditions. Please describe all deviations in your
request letter.
03/04/2019
Re esentative's Signature Date
Please submit this completed checklist, your written request for a Certificate of Compliance,
and your check for $125 made payable to the Town of Barnstable.
Q:\Conservt\DEPFORMS\Fonn C.doc rev:7/1/2017
I
Stepanis, Fred
From: Stepanis, Fred
Sent: Thursday, November 29, 2018 9:28 AM
To:Zenas "Zee" Crocker(info@ bcleanwater.org)'; Sullivan Engineering Inc. (John O'Dea)
Cc:Karle, Darcy; 'bpoor@massaudubon.org'
Subject: FW: SE3-3743 - Three Bays Preservation, Inc. - DEAD NECK BARRIER BEACH ON THREE
BAYS ESTUARY
Attachments: 3743.pdf; 3743.pdf,Three Bays & MAudubon-3743.pdf
Importance: High
Hello all:
It seems that this permit needs to be closed out. It has, at least in part, been superseded by SE3-5053.
Please let me know if anyone can get the request for a Certificate of Compliance initiated.
Thank you,
Fred Stepanis, Assistant
Conservation Program
Town of Barnstable
200 Main Street
Hyannis, MA 02601
phone: 508-862-4046
From: Peter Sullivan [ma i Ito:peter@suIIivanengin.com]
Sent: Wednesday, January 02, 2013 1:39 PM
To: Stepanis, Fred
Cc: 'Lindsey Counsell (Three Bays Preservation)'
Subject: RE: SE3-3743 -Three Bays Preservation, Inc.
Hi Fred,
Thank you we will review it and get back to you
Pete
From: Stepanis, Fred [mai Ito:Fred.Stepanis@town.barnstable.ma.us]
Sent: Wednesday, January 02, 2013 10:58 AM
To: Sullivan Engineering Inc. (Peter Sullivan)
Cc: Lindsey Counsell (Three Bays Preservation)
Subject: SE3-3743 -Three Bays Preservation, Inc.
Hi Pete,
In anticipation of your upcoming Notice of Intent to be heard on 1/8/2013, is this older filing similar enough that we want to
close it out?
3743.pdf>>
Thanks,
1
Im I Town of Barnstable
Conservation Commission
STNus& 200 Main Street
nMo+' Hyannis,MA 02601 Office: 508-862-4093
www.town.barnstable.ma.us Fax: 508-778-2412
Property location:
MASSACHUSETTS AUDUBON SOCIETY 0 SAMPSON'S ISLAND
INC Cotuit
208 SOUTH GREAT ROAD Map Parcel: 050-001
LINCOLN,MA 01773 File number: SE3-3743
Notice date: 11/29/2018
Our computer records indicate that more than 16 years have passed since an Order of Conditions issued to
THREE BAYS PRESERVATION, INC. on 11/21/2000 for the following activity on your property:
File Number: SE3-3743
DREDGING&BEACH NOURISHMENT,Dredging,Nourishment
If the project is not completed,please contact us at(508.862.4093) so that we can determine if your
permit can be extended.
If the project has been completed,please initiate the compliance certification process within one month of
this notification by contacting your engineer, surveyor, attorney or consultant.
Please call us should you have any questions on the process.
The Certificate of Compliance is a necessary and final aspect of the wetlands permitting process. It, like
your order of conditions earlier,will be recorded against the deed on your land.
We thank you in advance for your anticipated cooperation in the closure of the wetland permit presently in
force at your parcel.
Sincerely yours,
Fred Stepanis, Conservation Assistant
SE3-3743 - Three Bays Preservation, Inc. Page 1 of 1
Stepanis, Fred
From: Peter Sullivan [peter@sullivanengin.com]
Sent: Wednesday, January 02, 2013 1:39 PM
To:Stepanis, Fred
Cc: 'Lindsey Counsell (Three Bays Preservation)'
Subject: RE: SE3-3743-Three Bays Preservation, Inc.
Hi Fred,
Thank you we will review it and get back to you
Pete
From: Stepanis, Fred [ma i Ito:Fr ed.Stepanis@town.barnstable.ma.us]
Sent: Wednesday, January 02, 2013 10:58 AM
To: Sullivan Engineering Inc. (Peter Sullivan)
Cc: Lindsey Counsell (Three Bays Preservation)
Subject: SE3-3743 - Three Bays Preservation, Inc.
Hi Pete,
In anticipation of your upcoming Notice of Intent to be heard on 1/8/2013, is this older filing similar enough
that we want to close it out?
3743.pdf>>
Thanks,
Fred
Fred Stepanis, Assistant
Conservation Division
Town of Barnstable
200 Main Street
Hyannis, MA 02601
phone: 508-862-4046
b Please consider the environment before printing this email.
1/3/2013
Message Page 1 of 1
Stepanis, Fred
From: Stepanis, Fred
Sent: Wednesday, October 24, 2012 10:13 AM
To: 'peter@sullivanengin.com'
Cc: 'Lindsey Counsell'
Subject: RE: SE3-3743-Three Bays Preservation Inc.
Dear Mr. Sullivan:
Thank you for your email regarding the status of this project. This permit fits the definition of"approval"
and meets"time period" requirement of§173 of the Permit Extension Act, as it is an approval that was
active between August 15, 2008 and August 15, 2012.
I have added 4 years to the Order of Conditions. It will now expireeNovember_21,.2016.
Sincerely yours,
Fred Stepanis, Assistant
Conservation Division
Town of Barnstable
200 Main Street
Hyannis, MA 02601
phone: 508-862-4046
Original Message-----
From: Peter Sullivan [mailto:peter@sullivanengin.com]
Sent: Tuesday, October 23, 2012 2:20 PM
To: Stepanis, Fred
Cc: 'Lindsey Counsell'
Subject: SE3-3743 -Three Bays Preservation Inc.
October 23, 2012
Fred Stepanis
Town of Barnstable
Conservation Division
200 Main Street
Hyannis, MA 02601
RE: SE3-3743 Three Bays Preservation Inc.
Dead Neck Barrier Beach on the Three Bays Estuary
Dear Fred,
I am writing to confirm the status of the above permit. An OOC was issued by the Commission
on November 21, 2000 and it has been extended several times and now has an expiration date of
November 21, 2012.
As you know the State legislature passed the Permit Extension Act as part of Economic
Legislation (Section 173 of Chapter 240 and extended by Sections 74 and 75 of Chapter 238 of the
Acts of 2012.). Under the Act, this permit has been automatically extended for four years beyond
its otherwise applicable expiration date.
This permit fits the definition of"approval"and meets"time period" requirement of§173 of the
Act, as it is an approval that was active between August 15, 2008 and August 15, 2012.
As a result, the permit is extended beyond its otherwise applicable expiration date, and the new
expiration date for this permit becomes November 21, 2016.
Please confirm your concurrence.
Best regards,
Peter Sullivan, P. E.
I Sullivan Engineering, Inc.
10/24/2012
i
Page 1 of 1
I
http://66.203.95.236/arcims/appgeoapp/images/PrintOver.gif 9/25/2012
i
1HE Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
lARN31ABLF = WPA Form 7 — Extension Permit for Orders of Conditions SE3-3743
Provided by DEP
1E639.Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and Chapter 237 of the Code of the Town of Barnstable
A. General Information
Important:1. Applicant:
When filling out
forms on the Three Bays Preservation, Inc.
computer, use
Name
only the tab
key to move P.O. Box 215
your cursor- Mailing Address
do not use the Osterville MA 02655
return key. cityrrown State Zip Code
2. Property Owner(if different):
Alf
Name
Bl14/1
Mailing Address
Cityrrov,n State Zip Code
B. Finding Information
The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on:
November 21, 2000
Date
for work at:
Dead Neck Barrier Beach on Three Bays 050 001 &002
Estuary Barnstable Assessor's Map Number Parcel Number
Street Address Village
recorded at the Registry of Deeds for:
Barnstable
County Book Page
Doc 820031 Cert 173003
Certificate(if registered land)
is hereby extended until:
November 21, 2012
Date
This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest
extension. Only unexpired Orders of Conditions or Extension may be extended.
Date the Order was last extended (if applicable):
11/21/09
Date
Issued by:
Barnstable
Conservation Commission
wpafornr7.doc•rev.1/15/09
Page 1 of 3
i
Massachusetts Department of Environmental Protection
DEP File Number:Bureau of Resource Protection - Wetlands
ELARNSTABM WPA Form 7 — Extension Permit for Orders of Conditions SE3-3743
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by DEP
QED MA'S A
and Chapter 237 of the Code of the Town of Barnstable
B. Finding Information (cont.)
This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and the appropriate DEP Regional Office (see Appendix A).
Signatures:
On 3t Of aaC)
Day Month and Year
before me personally appeared
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
Notary Public My Commission Expires
C. Recording Confirmation
The applicant shall record this document in accordance with General Condition 8 of the Order of
Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the
Registry of Deeds, and return it to the Conservation Commission.
Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of
work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) in the
Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of
the affected property. In the case of recorded land, it shall be noted in the Registry's Granter Index under
the name of the.owner of the land upon which the proposed work is to be done. In the case of registered
land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is done.
Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the
Order of Conditions subject to this Extension Permit.
wpatorm7.doc•rev.1/12/09 Page 2 of 3
o tNE Massachusetts Department of Environmental Protection
DEP File Number.
Bureau of Resource Protection - Wetlands
nARNsrAe
A=
WPA Form 7 — Extension Permit for Orders of Conditions SE3- 3743
vL M6& s0 Provided by DEP
1
F pAA'fA Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and Chapter 237 of the Code of the Town of Barnstable
C. Recording Confirmation (cont.)
To:
Barnstable
Conservation Commission
Please be advised that the Extension Permit to the Order of Conditions for the project at:
Dead Neck Barrier Beach on Three Bays Estuary SE3- 3743
Project Location DEP File Number
has been recorded at the Registry of Deed of:
Barnstable
County
for:
Property Owner
and has been noted in the chain of title of the affected property in accordance with General Condition 8 of
the original Order of Conditions on:
Date Book Page
If recorded land the instrument number which identifies this transaction is:
Instrument Number
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform7.doc•rev.1/12/09 Page 3 of 3
i
Town of Barnstable
Gg Conservation Commission
AWM,BM = 200 Main Street
MAW
1659.Hyannis Massachusetts 02601
Office: 508-8624093
FAX: 508-778-2412
Form A
For SE37r 37 3
44i-z7 '
ALL PARTIES INVOLVED WITH THIS PROJECT MUST SIGN THIS STATEMENT
The undersigned confirm that they have read and understand the Notice of Intent,Order of Conditions,and
approved plans for the project.The undersigned also understand that subsequent plan revisions shall require
advance approval by the Conservation Commission.
Please sign name on this line. Please print name on this line.
Pro erty caner Date
J
Return this form to: Barnstabletaba Conservation Commission
200 Main Street
Hyannis,MA 02601
Fax:508-778-2412
JFD
L.1 OCT g 2009 `
rev3/12/02
i.Af-tt`117 i/'t"DLE COPwZ; :R',V TION
I
E Town of Barnstable
Conservation Commission
MASS
r 200 Main Street
39. Hyannis Massachusetts 02601
Office: 508-862-4093
FAX: 508-778-2412
Form B
For SE3- ' ` L/3
Below please find the names,addresses,and business telephone numbers of the project
supervisor and alternate project supervisor who are responsible for ensuring on-site compliance
with the Order of Conditions for SE3-
Project Supervisor Alternate Project Supervisor
Name Name
I'z Z7 ozw/3v
Address Address
Business Telephone# Business Telephone#
Property Owner's Signature Date Print Name
lql. o4 L i No5 e-y T-I%. CtVNS 9.LL
Applicant's Signature(if different) Date Print Name
Return this form to: Barnstable Conservation Commission
200 Main Street
Hyannis,MA 02601
Commonwealth ofMassachusetts
Division of
Fisheries & Wildlife
MassWi/d/ife
Wayne F.MacCallur(,\iz]
October 06,2009 n
L J
Three Bays Preservation,Inc
P.O.Box 215 OCT. —6 2009
Osterville MA 02655
RE: Project Location:Cotuit Bay Entrance Channel,Barnstable BARNS TALE- 00NURVATION
Project Description: Maintenance dredging of 15,850 cubic yards
re-use as beach nourishment
DEP Wetlands File No.: 003-3743
NHESP File No.:09-27024
Dear Applicant:
Thank you for submitting the MESA Project Review Checklist, site plans (dated July 1, 2009) and other
required materials to the Natural Heritage and Endangered Species Program (NHESP) of the MA
Division of Fisheries & Wildlife for review pursuant to the Massachusetts Endangered Species Act
MESA)(MGL c.131A)and its implementing regulations(321 CMR 10.00).
It is our understanding that all dredging will occur below mean low tide, and all beach nourishment
associated with this project will occur at Dead Neck,i.e.at the eastern end of Dead Neck-Sampson Island,
as depicted on Sheet 7,July 1,2009.
Based on a review of the information that was provided and the information that is currently contained in
our database, the NHESP has determined that this project, as currently proposed, will not result in a
prohibited "take" of state-listed rare species. This determination is a final decision of the Division of
Fisheries &Wildlife pursuant to 321 CMR 10.18. Any changes to the proposed project or any additional
work beyond that shown on the site plans may require an additional filing with the NHESP pursuant to
the MESA. This project may be subject to further review if no physical work is commenced within three
years from the date of issuance of this determination,or if there is a change to the project.
Please note that this determination addresses only the matter of state-listed species and their habitats. If
you have any questions regarding this letter please contact Amy Coman, Endangered Species Review
Assistant,at(508)389-6364.
Sincerely,
744i 0.
Thomas W.French,Ph.D.
Assistant Director
www.masswildlife.org
Division of Fisheries and Wildlife
Field Headquarters,North Drive,Westborough,MA 01581 (508)389-6300 Fax(508)389-7891
An Agency of the Department offish and Game
w
1
NHESP No.09-27024,page 2 of 2
cc: MA DEP Southeast Region
Barnstable Conservation Commission
John O'Dea,Sullivan Engineering,Inc
i
IPage 1 of 1
Gatewood, Rob
From: John O'Dea (John@sullivanengin.com]
Sent: Monday, October 05, 2009 4:13 PM
To:Gatewood, Rob; Marcotti, Tom; Gibbs, Joe; eve.schluter@state.ma.us; amy.coman@state.ma.us;
scott.melvin@state.ma.us; Susi_vonOettingen@fws.gov; kevin.r.kotelly@usace.army.mil;
karen.k.adams@usace.army.mil; ken.chin@state.ma.us; mitch.ziencina@state.ma.us
Cc: 'Lindsey Counsell'; peter@sullivanengin.com
Subject: Start Work Notices
Please be advised that equipment will begin mobilizing on, or after October 6, 2009, with actual
dredging scheduled to begin on or after October 15, 2009 for the following projects:
Seapuit River Channel (West End)
SE3-4627 (Forms A&B To Follow)
NHESO File No. 07-22050
NAE-2008-3484 (Start Notification Form To Follow)
WQC No. X225071
CH. 91 Permit No. 12503
Cotuit Bay Entrance Channel
SE3-3743 (Forms A&B To Follow)
NHESO File No. 09-27024 (PENDING)
NAE-2009-670 (PENDING) (Start Notification Form To Follow)
WQC No. X227084
CH. 91 Permit No. 9123
The work for both projects will be completed by the Barnstable County Dredge.
We trust this meets your present needs.
M
10/5/2009
I
per
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
ONE WINTER STREET, BOSTON, MA 02108 617-292-5500
DEVAL L.PATRICK IAN A.BOWLES
Governor
Secretary
TIMOTHY P.MURRAY LAURIE BURT
Lieutenant Governor Commissioner
D
September 1, 2009 SEP 10 2009
Lindsey Counsell
Three Bays Preservation, Inc. BARNSTABLE CONSE14VATION
P.O. Box 215
Osterville, MA 02655
Re: 401 WATER QUALITY CERTIFICATION .
Application for BRP WW 07, Major project dredging
At: Channel connecting Cotuit Bay and Nantucket Sound, BARNSTABLE
401 WQC Transmittal X2: X227084
Wetlands File X2: SE3-3743
ACoE Application X2:
Dear Ms. Counsell:
The Department has reviewed your application for Water Quality Certification (WQC), as
referenced above. In accordance with the provisions of Section 401 of the Federal Clean Water
Act as amended (33 U.S.C. §1251 et sec.), MGL c.21, §§ 26-53, and 314 CMR 9.00, it has
been determined there is reasonable assurance the project or activity will be conducted in a
manner which will not violate applicable water quality standards (314 CMR 4.00) and other
applicable requirements of state law.
The waters of Cotuit Bay and Nantucket Sound are designated in the Massachusetts Surface
Water Quality Standards as Class SA. Such waters are intended "as excellent habitat for fish,
other aquatic life and wildlife and for primary and secondary contact recreation." Anti-
degradation provisions of these Standards require that "existing uses and the level of water
quality necessary to protect the existing uses shall be maintained and.protected."
Background: On January 26, 1998, the Department issued a 401 Water Quality Certification
WQC) to Three Bays Preservation to conduct maintenance and improvement dredging of an
existing channel connecting Cotuit Bay to Nantucket Sound. The dredged material was reused
for beach nourishment material at Dead Neck Island Barrier Beach. The WQC was amended
I
This information is available in alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD#1-866-539-7622 or 1-617-574-6868.
MassDEP on the World Wide Web: http://www.mass.gov/dep
Ra Printed on Recycled Paper
D
401 Water Quality Certification,Three Bays Preservation, Cotuit Bay-Nantucket Sounds Channel, Osterville
Transmittal Ns: X227084 Page 2 of 7
twice, expanding the dredge depth and width of the channel and to a one time incursion of the
Time-of-Year (TOY) restriction, dredging beyond the January 15th. The authorized dredge
volume was 311,000 cubic yards.
On October 31, 2001, the Department issued'a Waterways Permit No. 9123 (expires on
October 31, 2011) to Three Bays Preservation, Inc. to dredge approximately 6,288 cubic yards
of sand from the channel connecting Cotuit Bay and Nantucket Sound and to perform beach
nourishment at Sampsons Island, Barnstable. Permit No. 9123 also allowed one foot
orverdredge in-areas of high shoaling.
Proposed project: The project entails conducting maintenance dredging in the existing
channel. Approximately 14,586 cubic yards of sediment will be removed using the Barnstable
County Dredge. The dredged material will be pumped directly to Dead Neck Island Barrier
I
Beach for beach nourishment where it will be,spread by a backhoe/excavator.
The site is located'virithiri the Priority'Habitats of Rare Species, Estimated Habitats of Rare
Wildlife and Certified in accordance with the Massachusetts Natural Heritage Atlas 131h Edition.
The January 26, 1998 WQC indicated that the Natural Heritage & Endangered Species Program
NHESP) of the Division of Fisheries &Wildlife had provided recommendations for the
placement of nourishment material to provide suitable habitat for least, common, roseate terns
and piping plovers. These recommendations were incorporated into the project plans.
Condition No. 9 requires the applicant to contact NHESP to determine if any additional
requirement confirm the recommendations determined that this project as proposed will not
adversely affect the actual Resource Area Habitat of state-protected rare wildlife species and
will not result in a prohibited "take".
Sediment dewatering: The dredged material slurry will be pumped directly onto the beach
nourishment area where it will be dewatered in a dewatering pit/trench constructed on [name]
Beach to allow the water and suspended sediment (i.e. sediment slurry,) to settle and percolate
back to Cotuit Bay.
Sediment sampling data: Five samples were collected within the proposed dredge footprint for
gradation analysis. The sampling frequency is consistent with the recommended frequency of
the Guide to Best Management Practices for Projects in Massachusetts, March 2007 for beach
nourishment. The results of the gradation analysis verified the sediment is mainly sand with
zero and one percent passing the No. 200 U.S. Standard Series Testing Sieve.
In accordance with 314 CMR 9.07(2)(a), chemical testing is not required provided a due-
diligence review is conducted. As such, Condition No. 6 requires a due-diligence review be
conduced.
Beneficial Reuse of sediments: Dredged material will be beneficially reused as beach
nourishment material on Dead Neck Island Barrier Beach.
Public Notice: The 401 WQC application public notice was published in the Barnstable Patriot
on March 6, 2009, and Department received no comment during the 21-day public comment
period, which ended on March 27, 2009.
Section 61 Findings: Pursuant to M.G.L. Chapter 30, Sections 61 to 62H including (M.E.P.A.)
this project was reviewed as EOEA No.11692 and the Secretary's Certificate, issued on
401 Water Quality Certification, Three Bays Preservation, Cotuit Bay-Nantucket Sounds Channel, Osterville
Transmittal Ns: A227084 Page 3 of 7
September.16, 1998 determined the requirement,to prepare an Environmental Impact Report
EIR) was waived.
Therefore, based on information currently in the record, the Department grants a 401,
Water Quality Certification for this project subject to the following conditions to maintain
water quality, to minimize impact on waters and wetlands, and to ensure compliance with
appropriate state law. The Department further certifies in accordance with 314 CMR 9.00
that there is reasonable assurance the project or activity will be conducted in a manner
which will not violate applicable water quality standards (314 CMR 4.00) and other
applicable requirements.of state law. Finally, the Department has determined that upon
satisfying the conditions and mitigation requirements of this approval, the project
provides a level of water quality necessary to protect existing uses and accordingly finds
that the project as implemented satisfies the Surface Water Quality Standards at 314
CMR 4.00.
1. The Contractor shall take all steps necessary to assure that the proposed activities will be,
conducted in a manner that will avoid violations of the anti-degradation provisions of
Massachusetts Surface Water Quality Standards that protect all waters, including wetlands.
2. Prior to the start of work, the Department shall be notified of any change(s) in the proposed
project or plans that may affect waters or wetlands. The Department will determine whether
the change(s) require a revision to this Certification.
3. Dredging in accord with this Certification may begin following the 21-day appeal period and
once all other permits have been received.
4. Work in waters and wetlands shall conform substantially to plans submitted in application to
this Department, 8 sheets, prepared by Sullivan Engineering, Inc., dated July 1, 2009,
unsigned and unstamped. The Department shall be notified if there are modifications and
or deletions of work as specified in the plans. Depending on the nature of the scope
change, approval by the Department may be required.
5. The Department shall be notified, attention Ken Chin 617-292-5893, one week prior to the
start of in-water work so that Department staff may inspect the work for compliance with the
terms and conditions of this Certification'.
6. Within 21 days of issuance of the Certification, the applicant shall perform a due-diligent
review in accordance with 314 CMR 9.07(2)(a) to determine that no known spills of oil or
other toxic substances have occurred which could have contaminated the sediment in the
proposed dredge area(s). The finding of the due-diligence review shall be submitted the
Department prior to commencement of the dredging activity
7. The Certification remains in effect for the same duration of the federal permit that required it.
8. Future maintenance dredging may be conducted as necessary for the duration of this
Certification, provided that:
a. the initial project and any subsequent dredging has been conducted satisfactorily
with no violations of the terms and conditions of this Certification,
401 Water Quality Certification, Three Bays Preservation, Cotuit Bay-Nantucket Sounds Channel, Osterville
Transmittal Ns: X227084 Page 4 of 7
b. if dredged material is not beneficially reuse as nourishment material, submit
information to the Department regarding final.end use/disposal of the dredged
material for review and approval. Under no circumstances that future maintenance
dredging can commence without obtaining approval from the Department,
c., 'if dredged material is beneficially reuse as nourishment material, provide document.
of the grain-size distribution of the sediment to be dredged is compatible with the
grain-size distribution of the approved receiving beach(es) in accordance with the
document entitled Beach.Nourishment, Mass DEP's Guide to Best Management
Practices for Projects in Massachusetts, March 2007,.
d. a due-diligent evaluation to determine that no known spills of oil or other toxic
substances have occurred which could have contaminated the sediment in the
dredge area,
e. the volume of future maintenance dredging does not exceed 14,586 cubic yards in a
single dredging event, and
f. the Department is notified prior to commencement of maintenance dredging.
9. Disposal of any volume of dredged material at any location in tidal waters is subject to
approval by this Department and the Massachusetts Coastal Zone Management office.
10. Prior to commencement of dredging activity, the applicant shall coordinate with NHESP
regarding any additional requirements in placing the dredged material on Dead Neck Barrier
Beach. At the minimum, the applicant shall comply with the recommendations set forth by
NHESP in the January 26, 1998 letter.
11. Within 30 days of the completion of the initial dredging, a bathymetric survey of the channel,
depicting post-dredge conditions, shall be sent to the Department.
12. In order to protect spawning, larval and juvenile development of winter flounder, no dredging
shall occur between January 15th and May 30th
13. The a licant or their contractor, shall make eve feasible effort to complete the projectppeveryppJ
within the permitted timeframe. Should the applicant, or their contractor, fail to complete the
project and wish to request an amendment to the Certification for incursion into the no-
dredge period, the written-request shall be received by the Department by January 2Id. The
following information shall be included.in the request:
a. project location and transmittal number,
b. the date on which dredging started,
c. the number of days and hours per day the dredge operated,
d. expected daily average production rate and the actual daily average production rate,
e. an explanation of why the project failed to remain.on schedule,
f. an account of efforts made to get the project back on schedule,
g. a plan depicting the areas that remain to be dredged,
h. the number of cubic yards that remain to be dredged,,
i. an accurate estimate of the number of days required to complete the project,
j. an evaluation of the impact of continued dredging on the species of concern,
k. a description of any, efforts that will be made to minimize the impacts of the project
on the species of concern, and a realistic assessment of any societal/financial effects
of a denial of permission to continue dredging.
401 Water Quality Certification,Three Bays Preservation, Cotuit Bay-Nantucket Sounds Channel, Osterville
Transmittal Ns: X227084 Page 5 of 7
The Department will share the information.with other resource agencies and a decision to
grant or deny the amendment shall be made by January 15th. Requests for amendment
received after January 2nd will be considered at the Department's discretion.
14. Four weeks prior to commencement of-the dredging activity, the applicant shall submit a
notification procedure outlining the reporting process to the Department for incidents relating
to the dredging activities impacting the surrounding resource area.and habitats such as, but
not limited to, observed dead or distressed fish, or other aquatic organisms, observed oily
sheen on surface water, sediment spill, observed turbidity plume beyond the deployed
BM.Ps, barging or equipment accident/spill. If any time during implementation of the project
a fish kill or significant water quality problem occurs in the vicinity of the project, all site
related activities impacting the water shall cease until the source of the problem is identified
and adequate mitigating measures employed to the satisfaction of the Department. ,
This certification does not relieve the applicant of the obligation to comply with other applicable
state or federal statutes or regulations. Any changes made to the project as described in the
previously submitted Notice of Intent, 401 Water Quality Certification application, or
supplemental documents will require further notification to the Department.
Certain persons shall have a right to request an adjudicatory hearing concerning certifications
by the Department when an application is required:
a. the applicant or property owner;
b. any person aggrieved by the decision who has submitted written comments during the
public comment period;
c. any ten (10) persons of the Commonwealth pursuant'to M.G.L. c.30A where a group
member has submitted written comments during the public comment period; or
d. any governmental body or private organization with a mandate to protect the
environment, which has submitted written comments during the public comment period.
Any person aggrieved, any ten (10) persons of the Commonwealth, or,a governmental body or
private organization with a mandate to protect the environment may appeal without having
submitted written comments during the public comment period only when the claim is based on
new substantive issues arising from material changes to the scope or impact of the activity and
not apparent at the time of public notice. To request an adjudicatory hearing pursuant to M.G.L.
c.30A, § 10, a Notice of Claim must be made in writing, provided that the request is made by
certified.mail or hand delivery to the Department, with the appropriate filing fee specified within
310 CMR 4.10 along with a DEP Fee Transmittal Form within twenty-one (21) days from the
date of issuance of this Certificate, and addressed to:
Case Administrator
Department of Environmental Protection
One Winter Street, 2Id Floor
Boston, MA 02108:
A copy of the request shall at the same time be sent by certified mail or, hand delivery to the
issuing office of the Wetlands and Waterways-Program at:
401 Water Quality Certification, Three Bays Preservation, Cotuit Bay-Nantucket Sounds Channel, Osterville
Transmittal Ns: X227084 Page 6 of 7
Department of Environmental Protection
One Winter Street, 5th Floor
Boston, MA 02108.
A Notice of Claim for Adjudicatory Hearing shall comply with the Department's Rules for
Adjudicatory Proceedings, 310 CMR 1.01(6), and shall contain the following information
pursuant to 314 CMR 9.10(3):
a. the 401 Certification Transmittal. Number and DEP Wetlands Protection Act File Number;
b. the complete name of the applicant and address,of the project;
c. the complete name, address, and fax and telephone numbers of the party filing the
request, and, if represented by counsel or other representative, the name,fax and
telephone numbers, and address of the attorney;
d. if claiming to be a party aggrieved, the specific facts that demonstrate that the party
satisfies the definition of"aggrieved person" found at 314 CMR 9.02;
e. a clear and concise statement that an adjudicatory hearing is being requested;
f. a clear.and concise statement of(1) the facts which are grounds for the proceedings, (2)
the objections to this Certificate, including specifically the manner in which it is alleged to
be inconsistent with the Department's Water Quality Regulations, 314 CMR 9.00, and (3)
the relief sought through the adjudicatory hearing, including specifically the changes
desired in the.final written Certification; and
g. a statement that a copy of the request has been sent by certified mail or hand delivery to
the applicant, the owner (if different from the applicant), the conservation commission of
the city or town where the activity will occur, the Department of Environmental
Management (when the certificate concerns projects in Areas of Critical Environmental
Concern), the public or private water supplier where the project is located (when"the
certificate concerns projects in Outstanding Resource Waters), and any other entity with
responsibility for the resource where the project is located.
The hearing request along with a DEP Fee Transmittal Form and a valid check or money order
payable to the Commonwealth of Massachusetts in the amount of one hundred dollars ($100)
must be mailed to:
Commonwealth of Massachusetts
Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 4062
Boston, MA 02211
The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or
granted a waiver. The filing fee is not required if the appellant is a city or town (or municipal
agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing
authority. The Department may waive the adjudicatory-hearing filing fee pursuant to 310 CMR
4.06(2) for a person who shows that paying the fee will create an undue financial hardship. A
person.seeking a waiver must file an affidavit setting forth the facts believed to support the claim
of undue financial hardship together with the hearing request as provided above.
Failure to comply with this certification is grounds for enforcement, including civil and criminal
penalties, under MGL c.21 §42, 314 CMR 9.00, MGL c. 21A §16, 310 CMR 5.00, or other
possible actions/penalties as authorized by the General Laws of the Commonwealth.
401 Water Quality Certification, Three Bays Preservation, Cotuit Bay-Nantucket Sounds Channel, Osterville
Transmittal Ns: X227084 Page 7 of 7
If you have questions on this decision, please contact Ken Chin at 617-292-5893.
Sincer ,
Glenn Haas
Acting Assistant Commissioner
Bureau of Resource Protection
enclosure: Departmental Action Fee Transmittal Form
cc:
Karen Adams, Regulatory/Enforcement Division, U.S.Army.Corps of Engineers,696 Virginia
Road, Concord, MA 01742-2751
Robert Boeri, CZM, 251 Causeway Street, Suite 800, Boston, MA 02114
Eileen Feeney, DMF, 838 South Rodney French Blvd., New Bedford, MA 02744
David Hill, Liz Kouloheras, DEP SERO
Barnstable Conservation Commission, 367 Main'Street, Hyannis, MA 02601
John O'Dea, Sullivan Engineering, Inc., 7 Parker Road, P.O. Box 659, Osterville, MA 02655
KC/X227084
I
Sullivan Engineering Inc.
7 Parker Road/Box 659
Osterville,MA 02655
508-428-3344
January 21,2009
Town of Barnstable
Conservation Commission
200 Main Street
Hyannis, MA 02601
RE: SE3-3743
Recording of Extension Permit
Dear Commission,
Please find enclosed the recording information for the above referenced file. The Extension
Permit was recorded today at the Barnstable Registry of Deeds Land Court as document number
1,104,893.
I trust this meets your present needs. Any questions please feel free to call.
Very truly yours,
Paula Sullivan
Sullivan Engineering Inc.
Cc: Three Bays Preservation, Inc.
ECF=!,oYE
JAN 2 2 2009
BARNSTABLE CONSERVATION
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
STA WPA Form 7 — Extension Permit for Orders of Conditions SE3-3743
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by DEP
and Chapter 237 of the Code of the Town of Barnstable
C. Recording Confirmation (cont.)
To:
Barnstable
Conservation Commission
Please be advised that the Extension Permit to the Order of Conditions for the project at:
Dead Neck Barrier Beach on Three Bays Estuary SE3- 3743
Project Location DEP File Number
has been recorded at the Registry of Deed of:
Barnstable
E
County
for: JAN 2 2 2009
BARNSTABLE CONSERVATION
Property Owner
and has been noted in the chain of title of the affected property in accordance with General Condition 8 of
the original Order of Conditions on:
Date Book Page
If recorded land the instrument number which identifies this transaction is:
Instrument Number
If registered land, the document number which identifies this transaction is:
Do•_: 1 s 104 7 893 Cl 1-21-200? 2=59-
Document Number
Signature of Applicant
wpafonn7.doc•rev.1/12/09
Page 3 of 3
Page 1 of 1
Bookbinder, Claudette
From: psullpe@aol.com
Sent: Thursday, January 15, 2009 11:55 AM
To:Bookbinder, Claudette
Subject: Re: Extension corrections
Hi Claudette,
You won't believe it but the Three Bays one (SE3-3743)changed twice since it was originally
recorded so I am sorry to ask you to change it again to the following:'
Owner is now Three Bays Preservation, Inc.so you can leave section 2 blank as its the same and the
Certificate number is 173003.
thanks again and my apologies.
Have a nice day.
Paula
Original Message-----
From: Bookbinder, Claudette <Claudette.Bookbinder@town.barnstable.ma.us>
To: psullpe@aol.com
Sent: Thu, 15 Jan 2009 10:35 am
Subject: Extension corrections
Hi Paula, -- Finally, here they are. Please let me know if anything further needs to be done. Thanks much! --
Claudette
SE3-3743E3.doc>> «3E3-4400E.doc>>
A Good Credit Score is 700 or Above. See yours in just 2 easy steps!
1/15/2009
Page 1 of 1
Bookbinder, Claudette
From: Paula Sullivan [paula@sullivanengin.com]
Sent: Wednesday, January 14, 2009 11:56 AM
To:Bookbinder, Claudette
Subject: Extension Permits
Hi Claudette,
I have two favors to ask with regard to the Extension Permits we received today.
1. SE3-3743,under section B recording info where you have the document number 820031 would you please add
the Certificate number 155772 to that line.
2. SE3-4400 the property owner under section A2 is not Cape Cod Oyster. It is Albert H. Surprenant, Jr. Tr., 262
Bridge Street Realty and the.address is 262 Bridge Street, Osterville, MA 02655
1 hate asking but when they check the documents at the Registry they will not record them as is. If you could
email the corrected first pages on both I would GREATLY appreciate it. Thanks
Paula
I
1/15/2009
Gatewood, Rob 3 7 3
From: Gibbs, Joe
Sent: Monday, January 12, 2009 8:29 AM
To: Gatewood, Rob; Bookbinder, Claudette HEARINGCc: Horn, Dan
Subject:3 Bays Cotuit Dredging Extension DATE. 1113
Hi Rob,
Harbormaster staff supports the extension request by 3 Bays Preservation to secure the
FEMA money and restore the channel from the storm damage.
Thanks,
Joe Gibbs
Assistant Harbormaster/Mooring Officer
JAN 12 2009
BARNSTABLE CONSERUATIUN
Sullivan Engineering Inc.
r
7 Parker Road, Box 659,Osterville MA 02655
0
508-428-3344 fax 508-428-3115
10 A1213 7q S94 ' January 7,2009
Conservation Commission FARING °a
Town of Barnstable JAN 2009
200 Main Street V-
DATEHyannis,MA 02601
RE: SE3-3743 /Three Bays Preservation,Inc./ g ent
Dear Commission,
We hereby request an extension to the above referenced project,which according to our
records will expire in November of this year.
The project as proposed was to dredge the entrance to,and portions of Cotuit and West Bay,
and to use the approximately 300,000 cubic yards of material for beach and dune nourishment on
Dead Neck. To the best of our knowledge'all work to date has been completed in substantial
compliance with the Order of Conditions.
In April 2007 the project area was significantly impacted by the"Patriots Day Storm". The
combination of astronomical high tides, storm surge,and large battering waves resulted in coastal
flooding and server erosion along the Massachusetts coastline,prompting a federal disaster area
declaration.
Comparing data sets from pre and post storm surveys it has been estimated that 46,549 cubic
yards of gross shoaling occurred in the Cotuit Bay entrance area,with approximately 14,586
cubic yards being in the maintained channels.
The Town with the assistance of Three Bays Preservation,and with the benefit of the dredging
permits previously issued to Three Bays Preservation,applied to the Federal Emergency
Management Agency for financial assistance with the disaster. Roughly two and one half years
later, in November 2008,a FEMA grant was issued for approximately$150,000,which is
estimated to be 75%of the costs associated with the clean up,with the remaining 25%to be
matched by the Town.
With the time elapsed during the grant process,and the strict time of year restrictions for
dredging and nourishment,it will not be possible to perform the work under the present Order
without the extension,and it is our understanding that the Town risks losing the funding if it is
not acted upon.
Although this represents a third request,we hope the Commission will consider it given the
significant benefits it represents.
We have attached the$60.00 fee associated with this request,along with Form E,the relevant
portion of the permit plans,and a Shoaling Study which includes a figure showing the shoaled
areas.
I trust this meets your present needs. If you have any questions,please feel free to call.
its,:,
Very truly, urs, r U U t—:
AN -9 2009
U
John O Dea,EIT
Sullivan Engineering Inc.
Qn4_r4 Tt f_E CC'NISERVATIQNCc: Town of Barnstable Harbor Masters Office&Natural Resources Department
Three Bays Preservation
Members of The American Society of Civil Engineers and The Boston Society of Civil Engineers
r
Town of Barnstable
Conservation Commission orm E
B" L 200 Main Street
ig&6 Hyannis Massachusetts 02601
Office: 508-862-4093 E-mail: conservation@town.barnstable.ma.us FAX: 508-778-2412
Extension Permit Request Applicant Name: I h ce ecv iu
r-T
SE3 File No. 3--)IL3 Order of Conditions expiration date: /Vov. o
1. Why is extension being requested? 56 AhA
2. What parts of project are completed?
3. What parts of project are not completed?Include estimated completion date.
5EE
4. Are completed parts of project in compliance with the approved plan and
Order of Conditions? yt5
5. Have special conditions been met to date? E.g. photographs of undisturbed
buffer,certified foundation plan? y CS
6. How long is extension request for? S `Jew S
7. Are sediment controls in effective condition? IUD
8. Have any previous Extension Permits been issued for this project? When?
yL-5 Z hay beer\
0 i[671 Oc
Rep esentative's Signature Date
Please submit this form,a cover letter,and a$60 check made payable to the
Town of Barnstable.
QAConservt\DEPFORMS\Form E.doc rev:06 JAN 2005
I
r 0 T U I T o
B A Y
a
I CCTJIT SAY TO SEPUIT TO SEPUIT
RIVER CHANNEL TO BE 2H NEL TO BE
DREDGED TO -9'; CHANNEL G 7'; C'HANNEL
WIDTH ',HILL BE 100' SV(D ILL1BECO'
PREVIOUSLY PERMITTED). USLY PERMITTED)
15.4 31 SECTION
10.6
NO.2 *
6 2.6
SECTION
5.0
3.9
4.0
B
C*
NO
a.e . w
5.8 3.3
6.4
1.2
a.3 4.5 7 OHIGHLA-__N 09ts ,
z.z
COTUIT SAY TO NANTUCK T SOUND
CHANNEL TO BE S.tC* a6
O
DREDGED TO -10'; CHANNEL 2
2.2. 1.1 1.0 9_
WIDTH WILL BE 100' c•a 5 4 0
PERMIT PENDING) 4.0
1.3
a t 0
SECTION NO.8 SECTION NO.1 1.5,
COTUIT BAY CHANNEL TO BE
y
A* DREDGED TO -11'. CHANNEL 9 'r
0.9. WIDTH WILL BE 200'
7 5.5.
5.8
PREVIOUSLY PERMITTED)
4.0 ^1'
0.3/•
q
8.7 11
S
a
t. 4.4
57 2.0
vi
1 1 \ 5 3.7
L I
HIGH TIDE. LINW-B 1
zs * TOE OF DUNE N E C (
TOP OF BERM P
10.5 FT - 70 FT WIDE p
PERMIT.PENDING) - PHASE 4
I clt23
7
MEAN HIGH WATER
d OY
an.
ya nr`•
OCT C7``
rr--``
y1r
LVL U
NOTES SHORELINE
PIER/DOCK
1. ALL DEPTHS AND
Q HOUSE STRUCTURES w
ROADSELEVATIONSREFERENCESECTIONNO.6 Af{,„r l,g e p,^_•1r;'e`
2.o MLW. TOP OF DUNE
E IN AREAS OF HIGH TOE OF- DUNE d
SHOALING RATES, BASELINE OF CONSTRUCTION
V OF ADVANCED 2.0 DEPTH BELOW MLW
0; MAINTENANCE DREDGING SEE SHEETS 5-7 FOR CROSS SECTIONS
V8 WILL BE PERFORMED. SALT MARSH
G* TEMPORARY SILT FENCE
CAPE AMERICAN BEACH GRASS LOCATION
2.0 VX 1997 SEDIMENT CORING LOCATIONS
G* COTUIT BAY ENTRANCE CHANNEL -t- 1998 SEDIMENT CORING LOCATIONS
TO BE DREDGED TO -8'; of 2000 SEDIMENT SAMPLES
2.0 CHANNEL WIDTH WILL BE 100'.zwxn PREVIOUSLY PERMITTED CHANNEL
PREVIOUSLY PERMITTED) PERMIT PENDING CHANNEL
0 5.d THRE"E BAYS PRESERVATION INC.
TOWN OF OSTERVILLE (Barnstable County) MA.
V7 PLANS ACCOMPANYING PETITION OF 3 BAYS
FI_FV. 2-8 HTI ENO CHANNEL PRESERVATION TO DREDGE PORTIONS OF
IF 1. MHW
AT -8' CONTOUR,
COTUIT BAY and NANTUCKET SOUND TO -11
t FI EV 0 MLW SCALE: 1 "=600'BORROW MATERIAL WILL BE USED TO FILL BEACH AREA ON SAMPSONS
SHEET 2 OF 7 NOVEMBER 2000
t
Gahagan &Bryant Associates, Inc.
3802 W. Bay to Bay Blvd., Suite B-22
Tampa, Florida 33629
813)831-4408 Fax(813) 831-4216
gbatpa@gba-inc.com ENGINEERS SURVEYORS
July 7,2008
Mr.Dick Henderson
FEMA
95 Warren Street
Upton,MA 01568
RE: Shoaling Study at Cotuit Inlet
Patriot's Day Storm-April 2007
Dear Mr. Henderson,
At the request of Mr.Lindsey Counsell of Three Bays Preservation,Inc.,I am forwarding you the
enclosed report and mapping covering two recent monitoring surveys performed at the Cotuit Inlet,
Ma. The report provides an analysis of the shoaling volumes between the two surveys and the
respective quantities attributable to the Patriot's Day Storm of April 2007.
Please do not hesitate to call me at(813) 8314408 should you have any questions or require
additional information regarding this matter.
Best regards,
Clay M.Bryant, P.E.
Project Engineer
cmbryant@gba-inc.com
cc\L. Counsell
J.Ramsey
Baltimore,MD Wilmington,DE Houston,TX Los Angeles,CA Novato,CA Wilmington,NC
Gahagan &Bryant Associates, Inc.
3802 W. Bay to Bay Blvd., Suite B-22
Tampa, Florida 33629
813)831-4408 Fax(813) 831-4216
gbatpa@gba-inc.com ENGINEERS * SURVEYORS
July 2008
Storm Related Shoaling at Cotuit Inlet, MA
Patriot's Day Storm
April 2007
This survey report has been prepared by Gahagan&Bryant Associates, Inc. (GBA) for Three Bays
Preservation,Inc.to provide an analysis of storm related shoaling in navigation channels which
occurred during the passage of the"Patriot's Day Storm"on April 16-17,2007. Hydrographic and
topographic surveys of Cotuit Inlet and the adjacent shoreline were conducted during April 2008.
The data was processed and compared to a prior survey of the area conducted during September
2004. Results of the analysis indicate that approximately 10,449 cubic yards of shoaled material
within the maintained navigation channel is attributable to the April 2007 storm event.
Background
The project area is situated on the southwestern coastline of Massachusetts in Barnstable County at
the southern limits of Cotuit Bay. To the west of the inlet is Cotuit Highlands and to the east is
Sampson's Island, a narrow
spit connected to Dead Neck
barrier island. Current water
depths within the channel
system range from 2 to 20 feet. i I c
Maintenance dredging of the
y
channels is necessaryto
provide for adequate flushinga
and water exchange from
Nantucket Sound,to sustain the
bays' water quality, and to k,. a
provide for navigational access
Ire
to the inland bays. The
dredging program is managed w t FAQ
and funded by Three Bays v r
irr
Preservation,Inc.,anon-profit t
conservation group dedicatedbN
to the protection of the water
l d@BY Gru;dfsf a) t arc
t
quality and marine resources 1-1Sun+i: ,Location
within Cotuit Bay,West Bay, t :
and North Bay; and the Town
of Barnstable. t
Figure 1.Location Map
Page 1 of 7
Baltimore,MD Wilmington,DE Houston,TX Los Angeles,CA Novato,CA Wilmington,NC
t
Storm Related Shoaling At Cotuit Inlet
Patriot's Day Storm-April 2007 ENGINEERS * SURVEYORS
On April 15rh,2007, an area of low pressure intensified rapidly as it moved slowly from the
southeastern United States to near New York City by the morning of April 16th.The intense low
over New York City, in combination with high pressure over eastern Canada,produced a tight
pressure gradient across the area which resulted in strong east to northeast winds.The strong winds
downed numerous trees,caused widespread power outages, and numerous road closures, especially
near the coast.Along the Massachusett's coast,the strong winds produced a storm surge and large
ocean waves.The combination of astronomical high tides, storm surge, and large battering waves
resulted in coastal flooding and severe erosion along the Massachusett's coastline,prompting a
federal disaster area declaration. The purpose of this report is to estimate what shoaling in the
maintained navigation channels may be attributable to the storm's impacts and thereby qualified for
federal aid under FEMA guidelines.
Ire WOW.momadr,a pmerki W'w5Wa d it.?ln &signs iwrt me*arm G?k*
Iirowaft/nl,tww.rba.'.xl v4- *Uptooiaoisarl»a U41 h IN N*wk OF ki"o
oaApgis,MW,er W9ftww"1,omdf&ftowsdanOX.mnnurmanet;iap1 1O [1 1 4
nynun>: gl m<m{ssa80R IM
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Figure 2. Satellite imagery and pressure isobar for the Patriot's Day Storm.
Navigation Channels
The navigation channels impacted by the storm are shown in Figure 3, and are maintained by Three
Bays Preservation, Inc. and the Town of Barnstable. The channels provide access to Cotuit Bay and
the Seapuit River. The channels range in depth from 8 to 11 feet and vary in width from 80 to 200
feet The last maintenance dredging event occurred during 2001,where approx. 9,000 cubic yards
of material was removed from the channel adjacent to the western tip of Sampson's Island.
Page 2 of 7
Storm Related Shoaling At Cotuit Inlet OM%
Patriot's Day Storm-April 2007 ENGINEERS *SURVEYORS
r•
tidy ip' f ISl. 'k•
i7
r
ti A--
Figure 3. Maintained Inlet Channels
Hydrograyhic Surveys
A partial hydrographic condition survey of the subject area was performed by GBA in September
2004. The survey coverage area is shown in Figure 4. The survey was performed at 100' line
spacing and provided bank-to-bank coverage. A post-storm hydrographic survey was performed in
April 2008 to cover the entire inlet area as shown in Figure 5.
The bathymetric surveys were performed utilizing a fully automated hydrographic survey system,
operated from a shallow draft survey vessel. Navigation and positioning for the survey were
accomplished using a real time kinematic(RTK)Global Positioning System,which significantly
reduces tide reduction errors caused by any tidal gradients within the inlet. All data was recorded
on a hard disk drive for post survey data processing. Bar check calibration of the fathometer were
taken at the start and end of each survey day. Tide readings were taken periodically as a control
check for the vertical component of the RTK.
The vertical datum for both surveys was NGVD 1929, as referenced from a 1 st order NGS
benchmark"D56-1996". The plane of Mean Low Water(MLW)in this area is referenced at 0.8 feet
below the National Geodetic Vertical Datum of 1929 (NGVD) . Mean High Water(MHW) is
referenced at 1.7 feet above NGVD 1929.
Shoaling Volumes
The data sets from the two surveys were entered into a digital terrain model to determine the recent
gross shoaling changes. The surveys indicate that approximately 46,549 cubic yards of gross
shoaling occurred between the two surveys with approx. 14,586 cubic yards of that total residing
within the maintained channel maintenance areas. Volumes were only calculated in areas where
Page 3 of 7
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Storm Related Shoaling At Cotuit Inlet o
Patriot's Day Storm-April 2007 ENGINEERS x SURVEYORS
data existed for the both the 2004 and 2008 surveys,thus, some accretion in the elbow of the
channel behind Sampson's Island may be unaccounted for.. An isopac drawing of the shoaling
areas is shown in Figure 6. The figure shows that the principal shoaling area lies at the western tip
of Sampson Island.
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Figure 6.Isopac of Shoaling Areas(hatched areas in red) between 2004 and 2008 surveys.
Recent Historic Annualized Shoaling Rate
In order to quantify the storm related shoaling volume,two different methods were analyzed to
estimate an average, annualized shoaling rate. By subtracting the expected annualized shoaling rate
over the 3 '/2 year period between surveys, from the gross shoaled volumes,the shoaling resulting
from storm impacts can be estimated.
The net sediment transport along the Dead Neck shoreline is from east to west directed toward the
Cotuit Bay entrance. This is apparent in the growth and westerly movement of the tip of the island
over time. By analyzing the historic shoreline positions,rates of shoreline advance into the inlet
and resultant sediment deposition into the maintained channel can be approximated.
Page 6 of 7
Storm Related Shoaling At Cotuit Inlet
Patriot's Day Storm-April 2007 ENGINEERS *SURVEYORS
Shoreline surveys of the western portion of Sampson's Island were performed by Applied Coastal
from 2002-2006(Ref. 1). In their 2006 report,Applied Coastal documented that the average rate of
westerly migration of the tip of the island was approx.6.5 feet per year over a 12 year period from
1994 -2006. If the 6.5 feet per year is applied to the 250 length of shoreline which causes direct
shoaling into the footprint of the maintained channel,a background channel shoaling rate of
approximately 903 cubic yards per year can be inferred.
There is little bathymetric data available in this area to develop a long-term rate of shoaling in the
maintained channel areas. The after dredging survey from the 2001 dredging project was obtained
and compared to the condition survey performed during September 2004.
Analysis of those two surveys revealed that 3,310 cubic yards of material shoaled within the
maintained channel limits during the 2.8 years between surveys,resulting in an average annualized
shoaling rate of 1,182 cubic yards per year.
The two independent annualized shoaling rates give similar results. Therefore, an average annual
shoaling rate of 1,182 cubic yards per year was estimated for the maintained channels in this area of
the inlet.
Storm Related Shoaline Impacts
The two surveys show that between September 2004 and April 2008, approx. 14,586 cubic yards of
shoaling occurred within the limits of the maintained navigation channels. Based on a background
shoaling rate of 1,182 cubic yards per year,the expected shoaling that would have occurred within
the maintained channels is calculated to be 4,137 cubic yards over the 3 %2 year period between the
2004 and 2008 surveys. Deducting the annualized shoaling from the gross shoaling results in storm
related impacts of 10,449 cubic yards.
I
References:
Applied Coastal Research and Engineering,Inc.(2006). "Dead Neck Beach Nourishment
Monitoring and Data Analysis,October 2006 Update",Technical Report
Page 7 of 7
I
Cotu/t Bay PREVIOUSLY PERMITTED AS
Oyster
SECTION N0. 2 HarborsDREDGEDTO -9
WIDTH OF 100'
N
co tu/t 0,00
Highlands SjP.
PREVIOUSLY PERMITTED AS
SECTION NO. 3
DREDGED TO -7
WIDTH OF 80'
PREVIOUSLY PERMITTED AS
SECTION NO. 8 PREVIOUSLY PERMITTED AS
DREDGED TO -10 SECTION NO. 1
WIDTH OF 100' DREDGED TO -11
DO WIDTH OF 200'
hx
2
5
OPOSED
MAI NANCE
SEE EET 4
STA. 30+00 PROPOSED
Dead NeckMAINTENANCE
SEE SHEET 5
Sampsons
Island
TOTAL SF OF MAINTENANCE DREDGING= 128,775
TOTAL CY OF MAINTENANCE DREDGING= 11,125
TOTAL CY WITH OVERDREDGE= 15,850
FOR EXISTING PERMITS SEE.
PROPOSED TOWN OF BARNSTABLE SE3-3743
1
MAINTENANCE DEP CH. 91 #9123
SEE SHEET 3 DEP WATER QUALITY#85987
ARMY CORPS#1 9 9 70 1 302
57A•15+p0
OVERALL
DREDGING PLAN VIEW
SCALE: 1" = 600'
PREVIOUSLY PERMITTED AS
SECTION No. 6 600 0 300 600 1200
DREDGED TO -8
WIDTH OF 100'
Nantucket SHEET 2 OF 8
THREE BA YS PRESER VA TION, INC.Sound P.O. BOX 215
OSTERVILLE, MA 02655
s P FOR MAINTENANCE DREDGING
THE COTUIT BAY ENTRANCE CHANNEL
COTUIT, MASS
JULY 1, 2009
SULLIVAN ENGINEERING, INC.
OSTERVILLE, MASS.
Pre
Th.e re e a. s onitor
Vol 25',July 2007 Y A Publication of Three Bays,Preservation;
Three:Bays Preservation hosts p:ubli'c forum bn ,".Saving our`Waters"
On"June I0, members of Three Bays'Pres0 'a-tion, State ,
and Town'officials,'staff from the_Mass_DEP"and others `
came together'at the Wianno,Yacht.Club-for a presentation-
on "Understanding, Nitrogen' Pollution aiid Wastewater
Management at Three.Bays, and Cape Cod" The -main'
attraction of ,the' evening was „a','pTesentation by:Nate.
Weeks; of Stearns & Wheler-Engineers m Hyannis;'Which '
focused on, the, 'ten-questions''addressed.in the':recently
released Three.Bays Preservation Guidance`Documentf on
the-topic.
As.w ,had hoped; t appeared that most of the members of `
the,audience had read ahe document prior to_attending thee'_ 40
event,which contributed to a highly,interactive discussion
addressing specific areas. of concern 'throughout the, t
i `
presentation
Top concerns from the audience included S location of meet certain planning and performance thresholds
L treatment.'plants;' the `duration, of this'process and the { (growth-neutral); which_inany Cape`.towns are positioned
expense.:' to do,<the-legislation calls for zero=interest loans
Senator Rob= O'Leary;`,who was a guest :at the ..event,' The most. important:.message of the"presentation is that
addressed' the *au dience,,about legislation; that^`he-.and there are. many different;_ possible -s`c"enarios ' `arid
Representative Matt Patrick,- also,,in attendance, have. technologies available, that` 'are ,currently undergoing
drafted'arid hope to submit, before.,the end..of ihe'year.;It evaluation by-the-town,,which is working io come up with`
would designate 35 percent of the-annual State_Revolving:, an `effective' comprehensive ,'wastewater.'";management
Fund'(SRF) loans "to support,projeeis brought,under the program:.If you have:any questions.about the.content of,
legislation, representing $100 million.in annual loans for- the ' Three Bays Preservation Wastewater Guidance:
sewer and 'wastewater.projects, SRF .furidsJ are, generally Document;please'.contact our.office. -
loaned at.2 percent interest; howevei;'for communities'that .
Nantucket`S,oundkeepers=and,,Three Bays Preservation host EcotourS`:aboardthe Yankee
On June 8`,,and 10`.., Three Bays Preservatioa and Nantucket Soundkeep
w ems joined ,forces to present"'a two-day-long: series`of $coiours-out.ofg
Hyamiis Harbor and Osterville. Originally, these tours'were scheduled as a
component of the;Gape Cod 1Vlarihme:Festival, in.lVlay, but rain and high
winds forced the tours to be rescheduled.
Aboard the 65 foot'fishing.boat Yanke
oth
e;which.hails.from Harwich, Cap `
twin Clem, smoothly-navigated.the,wafers-,around the Sound to,see Its• '
F
beauty: While the;trip'was under, way;_ demonstrations were-conducted,
including water'quality monitoring, navigation'and a plankton tow. There
was,also information available:about fish and other animals,that live idor
on the Sound.The.weather'cooperated this time, and everyone thoroughly
enJoyed.the cruise
here theBirds Are
By. Mary Richmond
The-first time I was outon Dead Neck Significant.numbers come,here at this '
a tiny barrier island.off:Ostervi_lle and time of year to,do their part l in the
Cotuit,;,was about. 2.5 years ago.
s
k continuance of the species. ,
I canoed out,with • Manomet Bird' s
z
k Willets, those seemingly.quiet and du11
Qbservatory.s,Kathy Parsons; who at s brown shorebirds that burst into elegant.
that.time,was:completing.her,doctorates patterns 'of black'and white when they
and•studying colonial, waterbirds 1 take flight,, are, also nesting, on :the,; ,
bspecificahyblack-crowned night herons island.'They let us know in no-uncertain. ,
E n and snowy egrets;It.was,one of the first terms when we were approaching a'
times 1' had been in, a.nesting' bird" nest, several,. flying 'quite' close; to
colony; and,.the density of birds, noise ,,.f remind us whose jerritory this really S.
and smell of°the colonies of herons and
egrets as well as°the sounds and sights,. number Of.'willets„are._nesting in the Three Bays-.Preservation has taken:a:
of hundreds of 'terns were amazing. grassier;areas very active role in.the management of.,:
thin' tiny but productive- preserve.
Sampson s Island and.Dead-Neck used, `1 went out'to.Dead Neck,recently with; Members.of Massachusetts Audubon or
to, be two.;separate •bairierislands' but' Judy Heller. and;one .of;her.assistants.':, -Three Bays are- welcome to visit the `
have:joined to become one'longer•'one:' The day was gray _and the.; skies`_ island as.-long-as'they observe the rules
last 25 ,years,the island has; 'threatened to wet the `parts of us`not and monitors are on the island daily to._Over the
suffered a lot of.beating.from the waves' ;atready.wet from boat spray, but the• .help those rule_s clear.
11andwind,and erosion-has`been intense;;, wind was`fairly quiet:arid the birds were` r
I
1
leaving little beach area for birds;to.nest busy_"as we approached.the.island. The: Visitors must respect _the fenced in
on. The.'hefons, are,gone, but piping least tems'were noisily`wheeling above,, areas and most'irnportantly,.must leave
plovers and least terns,two endangered their .nest area;-.as 'w.e :headed 6,,ff their dogs at home':Just the appearance
speci es,. are found,there in significant r around the,tpoint of 'the island and' of,a.dog,can spook ,already anxious
numbers' several: pairs of piping
l.
plovers ran: birds .and cause them to permanently.
ahead of ngusaloahe sand. leave.their nests and young:
In''1998,_Three<Bays Preservation was
born; and"nio' ie .than,$1.5 million,was The 'area .was replenished with".sand "Most people are great,"-Heller said:
raised.to replenish.the area with:`sand from dredging just last summer and the, `,`They dove being out. here and they
from dzedgings, which also opened up terns have ;happily :adopted ,fhe more want to keep", it this. way.: Being_
the'three bays that;are-affected by the_ upland, areas -of sand"that "are members,Jhey actually have a stake in
integrity.of the island itself surrounded; by 'electric fencing in, an its success, so .they .comply. We.'ve
attempt to keep the coyotes out. : really :only`had 'one,•nasty person .out
In 2004, the Mellon family donated 90; here who gave us a hard time
y
acres to Three Bays -Preservation-for-, The side.of the island facing:lVantucket
ongoing stewardship.The remaining 30 Sound took a significant, beating this,° She said-_ sheer numbers of boats and
acres are',' " wned- .by Massachusetts winter.and, the piping plover nests on people make: the, .balance difficult. • -
Audubon;'and the two, groups share the,lower, part of the beach,have all sometimes.,She is.'concerned that
I
this
monitoring responsibilities. washed away.:It is easy to"see how, as year there .will' be very' :,little beach at
the,lower beach:is flat right up o' the high tide;due to the severe erosion
Audubon monitors the birds and we' steep cuts inthe.dunes wonders what problems may-arise.. In•
monitor the people,"•said Judy Heller,the,meantime she and her staff will be,
project manager for =Three :Bays,. Some ,glover's. have .adapted and 'ar`e out on the island just about every day;
building nests up on the'higher parts of: in,,ng.sure that-all is'welt and that the
Substantial.numbers of piping plovers the dunes, but'there, is°some concern birds remain,undisturbed.
and least terns.nest on:Dead Neck and' about-•the steepness :_of ;the ' dunes,
h tin birds,will.:or'Sam sons"Island. In,fact last ear- themselves and ow b spyy
m tin copyright.OTTAWAY'1' t .n vi that. Time Al formation coDeadNeck.. was the most reductive> will not`be able o, a pyr g -productive,gate'
INC.-nesting area_for piping plovers:in the ` will tell....". NEWSPAPERS"
area, averaging 2.8 fledglings per nest:
This''Year,'about-•;;60"least .terns; are ' Dead ,Neck is. also a good place for.
setting, up ' housekeeping` and ,a jair horseshoe crabs to mate,.and'lay
w
Three Bays Preservation reeeives grant from the_Commonwealth of`
Massachusetts Division,.of Fisheries & Wildlife
The integrity of the;long term plan for, Day" storm this April,- the need for "no'longer,:nest on the island, such`as .
Dead,Neck Island, and.the,ongoing constant renourishment.-of the ,beach: American-,oystercatchers and herons. ;
projects by Three Bays_Preseryatio'n is ongoing.. With the ;increasing loss}of nesting
to improve water quality, shellfishing habitat througFi, activities such as
and fin-fishing'- resources .and This grant will• help . fund bu'r development and-' ncroachmerit,'b old
navigational channels throughout the continuing work with Mass Audubon efforts 7 are'required ,to: protect and
entire Three Bays region (West Bay, to protect beach-nesting birds:on the : improve'critical habitat such as Dead '
North Bay.',and- Cotuitr,,-Bay) has ' island. '.The'shorebirds :will .'benefit Neck.
resulted.in the''receipt of a substantial • from new solar_ powered electric
grant from the Commonwealth of fencing.' that will be ',installed r
Massachusetts 'Division of Fisheries se'asonally.,`around piping plover.,and its r is tie
Wildlife . under the, Landowner. least tern breeding' grounds`,, in ,an• e e ret i t,
Incentive.Program. effort jo,keep out predators such as..
coyotes and raccoons..'The project
Focusing on Dead Neck Island as the goal is to provide suitable- nesting
centerpiece of: our :barrier; :beach areas'. for,plovers_and:terns;. monitor
management. ;effort`: ',Three Bays breeding productivity,at each site and I
Preservation is implementing a long-, educate beachgoers about the
term dredging :and nourishment presence. of:nesting' shorebirds-and
program to maintain and stabilize the seabirds. -to gain support for the
island.in the face of dramatic coastal ' protectiowof their habitat
change: .and' sea-level, rise.: As
evidpnced*,by the..loss'of a significant It 'is -also hoped that through`, the ;
portion-of the south and east sides of replenishment of bird habitat;'we will,-
the island in,the so-called'"Patriots be able to attract.other shorebirds that
Welcome NewAdvisory_ Board Member
Ned Rowland has agreed to join Three Bays Preservation Advisory Board:
Ned has spent.his summers in,Osterville since the.mid.I930s and has watched the growth in population expand to,the point
than it is clear there is'a critical need for organizations like Three Bays'PreseNation to,exist and;serve asstewards of the envi-,
ronment.Ned'isan avid boater,and has been in the investment business for over.50 years;,bringing:a wade variety of talents to
the Three Bays Preservation organization
Ned'learned to sail at the Wianno Yacht Club;and was,Commodore in the.early 1986s. His three children and now his grand
children have been active on the waters in the-Three-Bays community
Ned has'been a member of the,Council of Visitors'of the Marine Biological,Labo'ratories in Woods Hole; he is past president
of the Board of Trustees of the Pingree School in Hamilton, MA; where he".and:his wife Susie reside:, Ned is currently;the
Commodore,oftherCruising Club of.America. '
Three Bays Preservation, Inc. Staff Three Bays Preservation OfIce,
Lindsey B Counsell;Executive Director'864 Main Street'
Peggy Rowland,Director of,Outreach:&Development P.O:Box 215
Judy Heller,=Program Manager. Osterville;MA 02655
P
Email: info@3bays org Phone: 5.08-420-6780
Website:www:3bays.org Fax 508-420-4489
a.
5 Presr¢o, Three Bays'Preservation,Inca NON-PROFIT
a9 864 Main Street PRSR t STD
R
U.S:POSTAGE PAID
P O-Box 2I5 SO;YARMOUTH ILIA'
M Osterville_MA 02655 02664
PERMIT 30
y UTO**5-DIGIT 02601 7 43
Mr ,Fred Steparns
r 200 Main St
Hyannis MA 02601,-4002
11h I IIII IIIu 11 1.1i'd,III11II1111I1I1I"
Three :Bays Preservation members.are invited to participate in a
series of educational events on Dead Neck and Sampsori's Island I
s Presented by Mass Audubon
is
Saturda s from 1 00=2.00 PMry f
Weather, 'Permitting
et at'Pirate'1Vle s°Cove.
t
Explore the Shore j
Bird Walks
l 2Ju7 007y. , Liu r•' July 21;2007
x August , 2007`,
4 August.18 .20074
t
1•
ape,Cod Aea&Cnf Students"at Three Bays
c
For the third y6ar'in a row, Three'1B Preservation was
t
pleased to welcome two,Cape Cod Academy seniors;to`our
ranks for the month of.May. Cooper'Fuller'from Center
ville and Sarah'Kugler from_Brewster each:performed a
graduation.,requirement of 80 hours of community'service^
y"while"assisting us at River Day,:digging holes for_signs on
c u Dead'Neck;4edesigning our display board and.performing;4
various other projects Cooper will.attend Providence Col
lege in the fall, and Sarah-`will,go to.'Cornell:University ink` `
Aupstate New'.York." We thank"there both fo .their hard,
7 ' work and cheerful`personalities:and wish:them the`best±of
luck in their future endeavors
r v
2007-Three Bays Pieservation;Inc.
w ,,z
oFINE
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions SE3-3743
Provided by DEP
A i639 ,. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and Chapter 237 of the Code of the Town of Barnstable
A. General Information
Important:1. Applicant:
When filling out
forms on the Three Bays Preservation, Inc.
computer, use
Name
only the tab
key to move P.O. Box 215
your cursor- Mailing Address
do not use the Osterville MA 02655
return key. City/Town State Zip Code
2. Property Owner(if different):
reb `--
Paul Mellon c/o Massachusetts Audubon Society
Name
w
208 South Great Road
Mailing Address
Lincoln MA 01773
City/Town State Zip Code
A9
B. Finding Information
The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on:
December 15, 2003
Date
for work at:
Dead Neck Barrier Beach on Three Bays 050 001, 002
Estuary Barnstable Assessors Map Number Parcel Number
Street Address Village
recorded at the Registry of Deeds for:
Barnstable
County Book Page
952699
Certificate(if registered land)
is hereby extended until:
November 21, 2009
Date
This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest
extension. Only unexpired Orders of Conditions or Extension may be extended.
Date the Order was last extended (if applicable):
November 21, 2006
Date
Issued by:
Barnstable
Conservation Commission
wpaform7.doc•rev.10/16/06 Page 1 of 3
a
t„E Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
s &RNST"LE WPA Form 7 — Extension Permit for Orders of Conditions SE3-3743
y
A AJ& g Provided by DEP
A.1639.Massachusetts Wetlands Protection Act M.G.L..c. 131, §40l
DN1°
A
and Chapter 237 of the Code of the Town of Barnstable
B. Finding Information (cont.)
This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and the appropriate DEP Regional Office (see Appendix A).
Signatures:
P
On Of
Day Month and Year
before me personally appeared
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that tie/she executed the same as his/her free act and deed.
Notary Pubtk My Commission Wires
C. Recording Confirmation
The applicant shall record this document in accordance with General Condition 8 of the Order of
Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the
Registry of Deeds, and return it to the Conservation Commission.
Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of
work,to record the final Order(or in this case, the Extension Permit for the Order of Conditions) in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, it shall be noted in the Registry's Granter Index under
the name of the owner of the land upon which the proposed work is to be done. In the case of registered
land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is done.
Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the
Order of Conditions subject to this Extension Permit.
wpaform7.doc•rev.10/16/06 Page 2 of 3
Massachusetts Department of Environmental Protection
DEP File Number:
o Bureau of Resource Protection - Wetlands
a rexsrna _ WPA Form 7 — Extension Permit for Orders of Conditions SE3-3743
zKnss Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40As63q. 0tfDMPrA
and Chapter 237 of the Code of the Town of Barnstable
C. Recording Confirmation (cont.)
To:
Barnstable
Conservation Commission
Please be advised that the Extension Permit to the Order of Conditions for the project at:
Dead Neck Barrier Beach on Three Bays Estuary, SE3- 3743
Barnstable, MA _ QEP EileNumber_ -
Project Location
has been recorded at the Registry of Deed of:
Barnstable
County
for:
Property Owner
and has been noted in the chain of title of the affected property in accordance with General Condition 8 of
the original Order of Conditions on:
Date Book Page
If recorded land the instrument number which identifies this transaction is:
Instrument Number
If registered land,the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaformZdoc•rev.10/16/06 Page 3 of 3
r
Sullivan Engineering Inc.
7 Parker Road/Box 659
Osterville,MA 02655
508-428-3344
October 25, 2006
Town of Barnstable
Conservation Commission
200 Main Street
Hyannis, MA 02601
RE: SE3=3743/Three Bays Preservation, Inc.
Recording of Extension Permit
Dear Commission,
Please find enclosed the recording information for the above referenced file. The second
Extension Permit was recorded today in the Barnstable Registry of Deeds Land Cou rt as
document number 1,047,592.
1 trust this meets your present needs. Any questions please feel free to call.
Very truly yours,
Paula Sullivan
Sullivan Engineering Inc.
Cc: Three Bays Preservation Inc.
OCT 2 6 2006
BARNSTABLE CONSERVATION
AIL
r
1
f
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP File Number:
r
WPA Edirm.7 Extension`Permit=for Orders of Conditi®ns sE3- 3743
MA&4C• y' Provided by DEPMassachusetts,Wetlands Protection Act M!G,L. c. 131, §40A
DN and Chapter 237 of''the Code'of the Town of"Barnstable
C. Recording Confirmation (corn.)
To:
Barnstable
Conservafion Commission
Please be advised that the Extension Permit to the Order of Conditions for the project at:
Dead Neck Barrier Beach on Three Bays Estuary, SE3- 3743
Barnstable, MA DEP File Number
Project Location
has been recorded at the Registry of Deed of:
Barnstable
County
for:LBARNSTABLECONSERVATIONgo '62006
Property Owner
and has been noted in the chain of title.of the affected property in accordance with General Condition 8 of
the original Order of Conditions on:
Date Book Page
If recorded land the instrument number which identifies this transaction is:
Instrument Number
If registered land, the document number which identifies this transaction is:
Duo-=e 1 y 047:592 10-25—'006 3=30
Document Number BARNSTABLE LAND COURT REGISTRY
SULLIVAN ENGINEERING INC,
Signaturlof;J080A 00V
4STERVILLE, MA. 02655
wpaform7.doc•rev.10/16/06 Page 3 of 3
r
SULLIVAN ENGINEERING INC.
7 PARKER ROADIP O BOX 659
OSTERVILLE, MA 02655
Sull ivanengin.com
phone 508-428-3344
October 4,2006
Conservation Commission
Town of Barnstable
200 Main Street
Hyannis,MA 02601
RE:U[ xtension Request SE3=37433
Three Bays Pf servation_IncO
Dear Commission,
According to our records,the above referenced Order of Conditions will expire on 11/21/06.
Although the project has already received one Extension,we hereby request a three year
extension to the above referenced Order of Conditions as the applicant has open Orders of
Conditions for SE4-4501 and SE3-4540 in which the dredge spoil will be deposited on Dead
Neck for Beach Nourishment.
I have attached the $60.00 fee associated with this request as well as the required Form E.
I trust this meets your present needs and thank you for your consideration of this matter.
V truly yours,
Peter Sullivan,P. E.
Sullivan Engineering Inc. E C E W E
Cc: Three Bays Preservation Inc.
D
OCT 10 2006
BARNSTABLE CONSERVATION
Ara 1718 19?
o?
HEARING
OCT 2006 _
s DATE
Members of
American Society of Civil Engineers,Boston Society of Civil Engineers
Town of Barnstable
BARNSTAJUX
Conservation Commission
z
200 Main Street
Nud" Hyannis Massachusetts 02601
Office: 508-862-4093 E-mail:conservation@town.bamstable.ma.us FAX: 508-778-2412
Form E Extension Permit Request
SE3 He No.
Z/.3 Order of Conditions expiration date:
1.Why is extension being requested?GOJ ,Z L G 7-%5b' 2-
2. What parts of project are completed?_Q2eE
3. What parts of project are not completed?Include estimated completion
date._ F(Z.O J t Cat 15-1 t TS V 0e->1 K P W(LG i S O C-o c(U 6
4. Are completed parts of project in compliance with the approved plan and
Order of Conditions?
T S
5.Have special conditions been met to date?E.g.photographs of undisturbed
buffer,certified foundation plan?_ Y*-7 S
6. How long is extension request for?3'Yc-o"QS
7.Are sediment controls in effective condition?
8. Have any previous Extension Permits been issued for this project?When?
2A,",U I d Oc:1
Representative's Signature Date
Please submit this form along with your letter request and a$60 check made
payable to the Town of Barnstable.Attendance at the meeting is required.
QAConservt\DEPforms\FormE.doc rev:09 Mar 04
f
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SULLIVAN ENGINEERING INC. SEp 3 0
7 PARKER ROAD/P O BOX 659
OSTERVILLE, MA 02655
RNSTASLE CONSERVATION
Peter Sullivan P. E. Mass Registration No. 29733
psullpe@aol.com
phone 508-428-3344 fax 508-428-3115
September 27, 2005
Conservation Commission
Town of Barnstable
200 Main Street
Hyannis, MA 02601
RE: SE3-4396 &SE3-3743
Wilkens Dredging Project
Dear Commission,
Please find attached plans delineating the dredge disposal area on Dead
Neck for the Wilken's dredge spoil.
I trust this meets your present needs. If you have any questions, please do
not hesitate to contact our office. Thank you.
Ve truly yours,
Peter Sullivan, P. E.
Sullivan Engineering Inc.
Cc: Frank Wilkens
John Alger, Esq.
Members of
American Society of Civil Engineers, Boston Society of Civil Engineers
r
co"rurr
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J
WFSI'
BAY BAY
IiAI'11IT'RIVE
DEAD NI:ck
PROPOSED
NGURISIIMENI' —
AREA
NANTUCKET SOUND
LOCUS PLAN
SCALE: I"= 2000'
0 1000 2000 4000ft.
r — SEAPUI T RIVER
n n .
s.:Pr'v--Rosa:,........'...•- -•.':eocn,•. . . . . :.:.-.•
RagosaM•:••• ••.'.'. . •.Gross... . .'.'.'.'. .
eye >IBencn ss Rosa.'.
PROPOSED DEWATERING/
NOURISHMENTAREA I
508 C.Y. J
T
T—C
J Grass•'•':.
H.T.L.
PET
NANTUCKET
FLOOD
SOUND -- - - -
HW.
SUWVX, EBB M L.W. 0.0
Cl
702"
PLAN VIEW
SCALE: I"= 100'
0 50 100 200ft.
Wilkens
Dredging Project
Osterville, Mass
Sullivan Engineering Inc.
September 22,2005
Sheet 1/3
NANTUCKET
SEAPUIT RIVER
SOUND FINISHED GRADE SILT BEACH GRASS
ELEV.12.0 FENCE
r\F/DREDGED MATERIAL
SI LTFENCE EXISTING
GRADE
Create containment dike with
existing on- site material.
Raise top of dike as dredging
progresses to F.G. 12.0 +-
H.T_L. 2.8_
M.H.W.I.8
SECTION A -A
of
M L.W. 0.0 _ PETESCALE:HORIZ A"=30',VERT. I"=31 2SULLIVq!
29733
CIVIL
N E.
o
13N
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ems .7a O
OO '. y A
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0 30 6 0 ft.
0 3 6ft.
cf
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SEAPUI T RIVER
M.L.W • •
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MiBEACH ,— _ — ---- \ \ '•/y
4 RgSS
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BEACH s
GRASS CD
OSA
fl
fig\pGOSAI^ \RAGOSA\ C I
SILT FENCE(TYP.)
I
a N PROPOSED DEWATERING/ p —// _
O
w NOURISHMENT AREA
a
J
x
12
BEACH
O GRASS
5- -
H.T.L — BEACH
M.N.W.
H.T. •
1
M.HW
FL *OD A0NANTUCKETnSOUND
PETER o.o
EfBVB SULLIM
D AT.0 M NOURISHMENT PLAN 29733
RELATIONSHIP SCALE: I"= 50'
CIVIL
MHW
0 10, 50'100' L Q
1.8'
Wilkens2.6' NGvo
Dredging Projecto.&'
MLW Osterville, )Mass
PER U.S. ARMY CORPS of Sullivan Engineering Inc.
ENGINEERS TIDAL FLOOD September 22,2005
PROFILE No.9 , 1988. Sheet 2/3
r7
Page 1 of 1
Gatewood, Rob
From: Melvin, Scott (FWE) [Scott.Melvin@ state.ma.us]
Sent: Tuesday, March 23, 2004 3:57 PM
To:psullpe@aol.com
Cc: Gatewood, Rob
Subject: Dead Neck vegetation removal
Attn. John O'Dea
John: We have reviewed the information contained in your letter of January 7, 2004, and the accompanying
aerial photograph. that proposes to remove approximately 600 square feet of vegetation on Dead Neck in
Osterville in order to improve nesting habitat for coastal waterbirds. In our opinion, removal of this vegetation as
proposed will not have adverse effects on the habitat of Piping Plovers, Least Terns, or Common Terns, nor is it
likely to harm or harass these species, if the following conditions are met:
1) No vegetation removal shall take place between April 1 and August 31.
2) If work is to be done between now and April 1, a qualified monitor shall first inspect the site to ensure that no
Piping Plovers are in the process of establishing nesting territories within 50 yards of the work area. If plovers are
found to be within 50 yards of the proposed work area, then no vegetation shall be removed until after August 31,
i.e. after the plovers and terns have completed nesting and chick-rearing for the year.
Please note that our conditional approval of the proposed work does not extend to any additional vegetation
removal, nor does it apply to any planting of new vegetation that may be proposed in the future. As we discussed
by phone, it is our expectation that any future proposals for vegetation planting or removal at Dead Neck shall be
submitted to this agency for review to ensure that the proposed work does not have adverse effects on habitat of
rare species or result in potential violations of the Massachusetts Endangered Species Act (MGL c. 131A) and its
implementing regulations (310 CMR 10.00)
Feel free to contact me if you have questions or need additional information.
Scott M. Melvin, Ph.D.
Senior Zoologist
Natural Heritage and Endangered Species Program
Massachusetts Division of Fisheries and Wildlife
Rte. 135, Westborough, MA 01581
508-792-7270 x150
508-792-7821 (fax)
scott.melvin @ state.ma.us
3/23/2004
Sullivan Engineering Inc.
7 Parker Road,Box 659,Osterville MA 02655
508428-3344 e-mail:psullpe(i,aolxom fax 508428-3115
January 26, 2004
Scott Melvin
Natural Heritage&Endangered Species Program
Massachusetts Division of Fisheries&Wildlife
Route 135
Westborough,MA. 01581
RE: Dead Neck
Dear Scott,
As was previously explained in a letter dated January 7, 2004, Three Bays
Preservation has requested permission from the Town of Barnstable Conservation
Commission to remove portions of the existing vegetation from Dead Neck to improve
bird habitat. At the same time they' equested permission to place new plantings to
maintain the island's stability on an as needed basis. The Conservation Commission
approved the proposed project as a revision to SE3-3743,1with the understanding that any
work would require prior approval from Rob Gatewood,the Commission's agent.
We are at this time requesting your approval of the project's concept,with the
understanding that any actual work on the island will require your approval,which may
be obtained by means of additional written requests.
I trust this meets your present needs. If you have any questions, please feel free to
call.
Very truly yours,
John O'Dea,EIT
Sullivan Engineering Inc.
Cc: Rob Gatewood
rrzk
Lindsey Counsell
John Alger, Esq.
JAB 2 8 2004
g E
10NSERV AZ10N
RNST P
Members of The American Society of Civil Engineers and The Boston Society of Civil"Engineers
Sullivan Engineering Inc.
7 Parker Road, Box 659,Osterville MA 02655
508428-3344 e-mail: inuflye4-,aol.com fax 508428-3115
January 7, 2004
Scott Melvin
Natural Heritage &Endangered Species Program
Massachusetts Division of Fisheries&Wildlife
Route 135
Westborough, MA. 01581
RE: Dead Neck
Dear Scott,
As per our telephone conversation please find attached the Order of Conditions (SE3-
3743) for work on Dead Neck, for which a three year Extension Permit was issued by the
Town of Barnstable Conservation Commission. Also attached are a letter submitted to
the Commission on December 3, 2003 as a revised plan, and an aerial photo of the island.
As the attached letter explains, Three Bays Preservation has requested permission to
remove portions of the existing vegetation to improve bird habitat, and at the same time
permission to place new plantings to maintain the islands stability on an as needed basis.
The Conservation Commission approved the proposed revision, with the understanding
that any work would require prior approval from Rob Gatewood, the Commission's
agent. Mr. Gatewood also requested that we get your input prior to starting any work.
For the first phase of this project Three Bays Preservation hopes to remove three areas
of vegetation totaling approximately 600 square feet. These areas are shown on the
attached photograph. This work would be performed by hand this winter in accordance
with the Special Conditions of the Order. The future of the project will be dependent on
the success of this first phase.
We would appreciate any input that you have.
I trust this meets your present needs. If you have any questions, please feel free to
call.
Very truly yours,
John O'Dea, EIT
Sullivan Engineering Inc. D
p04 EJAN232
Cc: Rob Gatewood' ,
Lindsey Counsell
STABt'E G Nr 1
John Alger, Esq. BARN
Members of The American Society of Civil Engineers and The Boston Society of Civil Engineers
ems.
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Sullivan Engineering Inc.
7 Parker Road,Box 659,Osterville MA 02655
v/J
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e-mail:psullpe(a,aol.com fax 508428-3115
December 3, 2003
Conservation Commission 2 ( ( rp
ETownofBarnstableD C L
200 Main Street
Hyannis, MA 02601 DEC — 9 2003
RE: SE3-3743/Three Bays Preservation/Dead Neck
Dear Commission,
BARNSTA13 CONSERVATION
We are writing this letter on behalf of Three Bays Preservation who would like your
permission to further enhance Dead Neck by removing and/or adding vegetation from the Barrier
Beach under the above referenced Order of Conditions.
Based upon ongoing discussions with Mass. Audubon,we now understand that the existing
vegetation is not ideal for bird habitat. The plovers and other rare birds which annually flock to
the area for nesting prefer open areas. It has been explained to us that the young,which are not
yet ready to fly,need to be able to walk unobstructivly to and from the waters edge for feeding,
and that the mature birds need open areas to land and take off from. From a bird habitat
standpoint,the island would best be left bare.
Unfortunately,the island,which provides storm protection to the Three Bays System,is in a
high velocity zone,and is continuously subjected to wind and wave action. Having vegetation on
the island is key to it's survival. From a storm protection standpoint the island would be best if
every square inch were planted.
The applicant,Three Bays Preservation,would like permission to remove portions of the
existing vegetation to improve the bird habitat. At the same time,they would like permission to
place new plantings to maintain the islands stability on an as needed basis. We feel that this is the
only feasible compromise.
We understand that we are requesting more latitude than you would typically give an applicant
in such a sensitive area,but please keep in mind that the Commission will have final approval
authority when it comes time for a Certificate of Compliance. If at that time the Commission is
unhappy with the end result,the applicant will be required to make any changes the Commission
sees fit.
We appreciate your consideration,and have enclosed the$25.00 revised plan fee associated
with this request.
I trust this meets your present needs. If you have any questions,please feel free to call.
Very truly yours,
John O'Dea
Sullivan Engineering Inc.
Cc: Lindsey Counsell
John Alger,Esq.
Members of The American Society of Civil Engineers and The Boston Society of Civil Engineers
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP File Number:
BARN nape. _ WPA Form 7 — Extension Permit for Orders of Conditions SE3-3743
1659.Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
lf MPr A
and Town of Barnstable Ordinances Article XXVII
C. Recording Confirmation (cont.)
To:
Barnstable
Conservation Commission
Please be advised that the Extension Permit to the Order of Conditions for the project at:
Dead Neck Barrier Beach on Three Bays Estuary SE3-3743
Project Location DEP File Number
has been recorded at the Registry of Deed of:
County
a
r
for:rD 2 2 2003
Property Owner
and has been noted in the chain of title of the affected property in accordance with General Condition 8 of
the original Order of Conditions on:
Date Book Page
If recorded land the instrument number which identifies this transaction is:
instrument Number
If registered land, the document number which identifies this transaction is:
Doc:952,699 12-19-2003 2:43
Document Number REGISTRY
Signature of Applicant
wpaform7.doc•rev.12/8/03
Page 3 of 3
r
r
Massachusetts Department of Environmental Protection
dF ` DEP File Number:
Bureau of Resource Protection - Wetlands
sAnfvsrnat e .WPA Form 7 — Extension Permit for Orders of Conditions SE3-3743
MASS. Provided by DEP9
bp 059. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and Town of Barnstable Ordinances Article XXVII
A. General Information
Important:
when filling out 1. Applicant:
forms on the Three Bays Preservation, Inc.
computer, use Name
only the tab
key to move P.O. Box 215
your cursor- Mailing Address
do not use the Osterville MA 02655
return key. City[Town State Zip Code
2. Property Owner (if different):
Paul Mellon c/o Massachusetts Audubon Society
IAll Name
208 South Great Road
Mailing Address
Lincoln MA 01773
City/Town State Zip Code
B. Finding Information
The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on:
November 21, 2000
Date
for work at:
Dead Neck Barrier Beach on Three Bays Estuary 050 001 &002
Street Address Assessor's Map/Plat Number Parcel/Lot Number
recorded at the Registry of Deeds for:
Barnstable
County Book Page
109140
Certificate(if registered land)
is hereby extended until:
November 21, 2006
Date
This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest
extension. Only unexpired Orders of Conditions or Extension may be extended.
Date the Order was last extended (if applicable):
Date
Issued by:
Barnstable
i
Conservation Commission
wpaform7.doc•rev.12/8/03 Page 1 of 3
r
t„E Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 7 — Extension Permit for Orders of Conditions sE3-3743
r nss.`' '
039. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
and Town of Barnstable Ordinances Article XXVII
B. Finding Information (cont.)
This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a
copy sent to the app' t and the appropriate DEP Regional Office (see Appendix A).
atures:
A
On Of
Day Month a<Year
before me p rso Ily appeared
to me k n t b the person de cribed in and who executed the foregoing instrument and acknowledged
that she a to the s s er free ct and deed.
C
otdry P lic My co T5,Ksion txpires
C. Recording Confirmation
The applicant shall record this document in accordance with General Condition 8 of the Order of
Conditions (see below),complete the form attached to this Extension Permit, have it stamped by the
Registry of Deeds, and return it to the Conservation Commission.
Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of
work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, it shall be noted in the Registry's Granter Index under
the name of the owner of the land upon which the proposed work is to be done. In the case of registered
land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is done.
Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of.the
Order of Conditions subject to this Extension Permit.
i
wpaformTdoc•rev.12/8/03 Page 2 of 3
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
BAUMN WPA Form 7 — Extension Permit for Orders of Conditions sE3-3743
b Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
RFD MA'S A .
and Town of Barnstable Ordinances Article XXVI1
C. Recording Confirmation (cont.)
To:
Barnstable
Conservation Commission
Please be advised that the Extension Permit to the Order of Conditions for the project at:
Dead Neck Barrier Beach on Three Bays Estuary SE3-3743
Project Location DEP File Number
has been recorded at the Registry of Deed of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property in accordance with General Condition 8 of
the original Order of Conditions on:
Date Book Page
If recorded land the instrument number which identifies this transaction is:
Instrument Number
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
i
wpaformTdoc•rev.12/8/03 Page 3 of 3
Sullivan Engineering Inc.
7 Parker Road,Box 659,Osterville MA 02655
508428-3344 e-mail:psullpeAaol.com fax 508428-3115
APPROdEDf -
O3 December 1, 2003
Conservation Commission
Town of Barnstable
D
2 (a nn
200 Main Street Lam, ly 1J
Hyannis, MA 02601
RE: Extension Request
DEC - 2 2003
SE3-3743 /Three Bays Preservation/Dead Neck
BARNSTABLE CONSERVATION
Dear Commission,
Based on discussions with Rob Gatewood and Lindsey Counsell we are asking for
your reconsideration of the extension request for the above referenced project. At the last
hearing you recommended that we request a Certificate of Compliance that would allow
for maintenance,similar to the approach that we took with the Wianno Club seawall
project. Although we may not have made it clear at the first hearing,we would like to
point out that the applicant was unable to complete all portions of the proposed channels.
Also, please keep in mind that the island presently needs, and will continue to need,
additional nourishment. As such, we feel than an Extension Permit may be more suitable
than a Certificate of Compliance.
I trust this meets your present needs. If you have any questions, please feel free to
call.
Very truly ours,
kohn O'Dea
Sullivan Engineering Inc.
Cc: Lindsey Counsell
Members of The American Society of Civil Engineers and The Boston Society of Civil Engineers
Sullivan Engineering Inc.
7 Parker Road,Box 659,0sterville MA 02655
508428-3344 e-mail:psullpe(a),aol.com fax 508428-3115
T"1A 0/:0/03
October 10, 2003
Conservation Commission
Town of Barnstable
200 Main Street D
Hyannis, MA 02601
OCT 15 2003
RE: Extension Request
SE3-3743 /Three Bays Preservation/Dead Neck
9MNSTABLE CONSERVATION
Dear Commission,
According to our records,the above referenced Order of Conditions will expire on
November 21, 2003. The project,which was to use the dredge spoil from portions of
West Bay Channel, Cotuit Bay Channel, and Seapuit River as beach nourishment on
Dead Neck, has been completed. The applicant would like permission to keep the Order
open so that they may continue their beach nourishment efforts on Dead Neck, and
maintenance dredge the channels as required.
We hereby request a three year extension for the project, and have enclosed the $60.00
fee associated with this request.
I trust this meets your present needs. If you have any questions, please feel free to
call.
Very truly purs,
John O'Dea
Sullivan Engineering Inc.
Cc: Lindsey Counsell
Members of The American Society of Civil Engineers and The Boston Society of Civil Engineers
I
Town of Barnstable
Conservation Commission
UMSTAUX
NAB& 200 Main Street
Hyannis Massachusetts 02601
Office: 508-862-4093 E-mail: con servationntown.barn stab le.ma.us FAX: 508-778-2412
Form E Extension Permit Request
SE3 File No. 3-7y3 Order of Conditions expiration date:
1. What parts of`project are completed?'C'he pr4etV vas Com.pl-e6 in
XS enyirek;g . bu- head /Jttk Lji Geoj,r,( ad l ten` rlovri61rn-e -
ovec- rn2 ar\ 41Ae chtinn-L will Rg-"ct mc.'Ir nano Jre&'oT
2. Are completed parts of project in compliance with the approved plan and
Order of Conditions ? U-s
3. Have special conditions been met to date? Eg. photographs of undisturbed
buffer, certified foundation plan? ]r_5
ci4l Cohd to I Z - sV rJc,,e Sury2.t
4. What parts of project are not completed? Include estimated completion date.
DParl, NeL\& of R n k nuer irn2_' ay. i1)2
C1n nn-els wild c eo.r-c_. my Pnanc dr eepcinc,.
5. Are sediment controls in effective condition?
6. Have any previous Extension Permits been issued for this project? When?
A/0
jill7412crc:
QAConservt\DEPformsTormE.doc rev:27 MAR 03
r
01/25/1995 02:43 918028624926 PAGE 02
REVISED PLAN SUBMITTAL SHEET
SE3- 3-3743
APPLICANT'S NAME: Three Bays Preservation, Inc.
PROJECT LOCATION: Cotuit Channel, Barnstable,MA
This project has already been issued an Order of Conditions lx l
OR Check One
Order of Conditions not yet issued
This plan will be considered on October 16, 2001
Date
REVISED PLAN SUBMITTAL SHEET
SE3-
APPLICANT'S NAME:
PROJECT LOCATION:
This project has already been issued an Order of Conditions
OR Check One
Order of Conditions not et issued
This plan will be considered on
Date
ATLANTIC
S OCEAN
cy
S
S
PROJECT
VICINITY
VACINTIY MAP (NTS)
NORTH
BAY
LITTLE
R>`
c,:•; C'`0 ISLAND
1 d=
ii
O GERANDLE
COTUIT ISLAND
BAY
HT
ELEV, 2.5 MHW PROPOSED CHANNEL
NEST
PERMIT PENDING BAY
PREVIOUSLY
COTUIT PERMITTED
HIGHLANDS
CHANNELS
T Rl
PLACEMENT SITE 5 DEADN t
FOR MATERIAL O
PERMIT PENDINGQ5
SO PREVIOUSLY
SCALE: 1"=2000' NA NT 0 cKE PREVIOUSLY PERMITTED
PERMITTED CHANNELS
PREVIOUSLY PERMITTED BEACH REPLENISHMENT
CHANNELS
THREE BAYS PRESERVATION INC. p d
TOWN OF OSTERVILLE (Barnstable County) MBA.
PLANS ACCOMPANYING PETITION OF 3 BAYS IOCT A 2001
PRESERVATION TO DREDGE PORTIONS OF
COTUIT BAY and NANTUCKET SOUND TO —11'
BORROW MATERIAL WILL BE USED TO FILL BEACH AREA ON SAMPSONS I. BARNSTABLE CONSERVATION
SHEET 1 OF 7 NOVEMBER 2000
C 0 T U I T o
BAY
Q
0 0
COTUIT BAY TO SEPUIT
6.1 RIVER CHANNEL TO BE E
SEPUIT
N
DREDGED TO -9'; CHANNEL
L BE
G 7'*;; CHANNEL
WIDTH WILL BE 100'D ILL BE 80'
10.1 PREVIOUSLY PERMITTED) SLY PERMITTED)
15.a 37 SECTION
NO.2
SECTION
10.6
5.0
3.9
4.0
B*
2.6 v
N0.3
4.8 `.
6.0
5.8 3.3
6.4 0
0
H I G H L A
22.1
3
4.5 7 O
0.91.5 3...
1.1 B*
2.7 ei
COTUIT BAY TO NANTUCKET SOUND o
CHANNEL TO BE C'*
DREDGED TO -10'. CHANNEL 2. 1.1
5't a.6
2.2 t.o Y9
WIDTH WILL BE 100' 0'8 5.8 1.0 .
PERMIT PENDING) 4.0 1.3
SECTION NO.8 SECTION NO.1 is
COTUIT BAY CHANNEL-TO BE O
A*DREDGED TO -11% CHANNEL 9
7 5.5
0.9 WIDTH WILL BE 200'
5.8
PREVIOUSLY PERMITTED)
8.7
1.1 0 3
a
2. 5.7 2.0
V 1 s
3 9 3.1
I 3.7
LIno'HIGH TIDE LIAR
2.5I* / TOE OF DUNE
D N E C K
TOP OF BERM A
10.5 FT - 70 FT WIDE Q
PERMIT PENDING) - PHASE 4
11,1111111 N!/11'.
MEAN HIGH WATER
F.
r LEGEND
NOTES SHORELINE
PIER/DOCK i
1. ALL DEPTHS AND
4
RHOUSEOADS
STRUCTURE. ,4
ELEVATIONS REFERENCESECTIONNO.6 f 1+Ie `.:.t,•.'-'i'tiii I
2.0 MLW. TOP OF DUNE
IN AREAS OF HIGH TOE OF DUNE
SHOALING RATES, BASELINE OF CONSTRUCTION
1' OF ADVANCED 2.0 DEPTH BELOW MLW
o
MAINTENANCE DREDGING SEE SHEETS 5-7 FOR CROSS SECTIONS
V8 WILL BE PERFORMED. SALT MARSH
G* TEMPORARY SILT FENCE
CAPE AMERICAN BEACH GRASS LOCATION
2.0 46 VX 1997 SEDIMENT CORING LOCATIONS
G* COTUIT BAY ENTRANCE CHANNEL -*e-. 1998 SEDIMENT CORING LOCATIONS
TO BE DREDGED TO -8'; of• 2000 SEDIMENT SAMPLES
2.0 CHANNEL WIDTH WILL BE 100'.PREVIOUSLY PERMITTED CHANNEL
PREVIOUSLY PERMITTED) PERMIT PENDING CHANNEL
THREE BAYS PRESERVATION INC.o 5.0
F TOWN OF OSTERVILLE (Barnstable County) MA.
x
V7 PLANS ACCOMPANYING PETITION OF 3 BAYS
END CHANNEL PRESERVATION TO DREDGE PORTIONS OF3
AT -8' CONTOUR.LU- 2.5 MHw COTUIT BAY. and NANTUCKET SOUND TO -11'
SCALE: 1 "=600'BORROW MATERIAL WILL BE USED TO FILL BEACH AREA ON SAMPSONS
SHEET 2 OF 7 NOVEMBER 2000
NOTES
4.6
c?
5.6 .6 3.3
1. ALL DEPTHS AND ELEVATIONS REFERENCE MLW. 4.9
IN AREAS OF HIGH SHOALING RATES,
3.3
V OF ADVANCED MAINTENANCE DREDGING WILL BE PERFORMED.
2. THE BACK 20 FT WIDE SECTION OF DUNE (ONCE THE 5:1 SLOPE 4.6 4.9 2.2
REACHES THE BERM ELEVATION) SHALL BE PLANTED WITH CAPE
AMERICAN BEACH GRASS, 2 CULMS PER HOLE. 14 INCHES ON CENTER
AND 8 INCHES DEEP. THE LIMBS OF THE P TED AREA ARE SHOWN 4.8 3.9
D*
ABOVE. p*
3. A TEMPORARY SILT FENCE MUST E INSTALL D 3 FT FROM THE EDGE
OF A MARSH DURING CONSTRUCTION 0 ENSU THE MARSH WILL NOT 5.L
BE COVERED. 3.5 4.0
0
a'7
0 S T E R V I L
CHANNEL TO BE DREDGED
32
G R A N D TO -11' MLW; CHANNEL 3.9
WIDTH WILL BE 100' 4.9
S L A N D PREVIOUSLY PERMITTED)
4
5.1 3.6
4.6
0 2.9 2.3 5.2
3.0
3.1 4.1
2.2
SECTION NO.4
3.0 OSTM
2.1 2.3
P 2.1 3.9 L 9
f 2.6 1.7
O p* p*e.
7.e
Q 1.7
G* G* J
r
SECTION
O
a
u o
NO.5 as
S E .p
SALT MARSH 2.2
0
1 3
V E R (NP') _
SILT FENCE (TYP.)
2
E*
9
BASELINE OF 6.0 7.7
O
O
CONSTRUCTION
a a O
0li!x
3 7 3 D
HIGH
LINE
000/
O MEAN HIGH E
o+
WATER o PHASE I TOE J
2.0OFDUNE
o
w
V)
ti i \\ :. •
TFj .rn PHASE I AND
PHASE II
PREVIOUSLY PERMITTED) Q-
1155
SECTION NO.7 v
WEST BAY ENTRANCE CHANNEL
TO BE DREDGED TO -8;
G* o
SHORELINE
CHANNEL WIDTH WILL BE 100.
e= PIER/DOCK PREVIOUSLY PERMITTED) G*
Q HOUSE STRUCTURE
ROADS 5.0
TOP OF DUNE
TOE OF DUNE
BASELINE OF CONSTRUCTION THREE BAYS PRESERVATION INC.
2.0 DEPTH BELOW MLW
SEE SHEETS 5-7 FOR CROSS SECTIONS
SALT MARSH
SILT FENCE
TOWN OF OSTERVILLE (Barnstable County) MA.
TEMPORARY-=
CAPE AMERIGW BEACH GRASS LOCATION PLANS ACCOMPANYING PETITION OF 3 BAYS
1997 SEDIMENT CORING LOCATIONS
o IB98 SEDIMENT CORING LOCATIONS PRESERVATION TO DREDGE PORTIONS OF
R°IOSEDIMENT „T CHANNEL COTUIT BAY and NANTUCKET SOUND TO -11'
PERMIT PENDING CHANNEL BORROW MATERIAL WILL BE USED TO FILL BEACH AREA ON SAMPSONS I.
SCALE: 1
b=
600' SHEET 3 OF 7 NOVEMBER 2000
i
CHANNEL CUT VOLUMES
SECTION GRADE (CY) O TO VOLUMED07M (CY) DREDGING (CY)
CE IMPROVEMENT
c^()
No. 1 1 95,354 27,226 14,615 107,965
No. 2 10,239 4,934 1,399 13,774
No. 3 7,417 3,496 4.037 6,876
No. 4 58,654 20,887 21,366 58,175
No. 5 500•" 2.000•' 2,500 0
No. 6 63,529 12,471 76,000 0
No. 7 298 3,921 4,219 0
No. 8 4.763 1,525 0 6.288
TOTAL 240,754 76,460 124,136 193,078
BEACH FILL VOLUMES
SECTION BEACH FILL (CY)
PHASE 1 124,637
PHASE 2 57,220
PHASE 3 51,678
PHASE 4 6,500
TOTAL 240,035
F.NN
s, , LS
Q
THREE BAYS PRESERVATION INC.
TOWN OF OSTERALLE (Barnstable County) MA.
PLANS ACCOMPANYING PETITION OF 3 BAYS
PRESERVATION TO DREDGE PORTIONS OF
COTUIT BAY and NANTUCKET SOUND TO -11'
I BORROW MATERIAL WILL BE USED TO FILL BEACH AREA ON SAMPSONS 1.
SHEET 4 OF 7 NOVEMBER 2000
i
PROPOSED GRADE
MIN. 4:1 SLOPE APPROX. TOP
TYPICAL BOTH SIDES) APPROX. EX. OF SLOPE
GROUND
ELEV. 0 MLW v
1' OF OVERDEPTH
ELEV. -12' MLHf-
ELEV. -11' MLW
TYPICAL SECTION A-A
COTUIT BAY CHANNELS.
200'
PROPOSED GRADE
MIN. 4:1 SLOPE APPROX. TOP
TYPICAL BOTH SIDES) APPROX. EX. OF SLOPE
GROUND
ELEV. 0 MLw v
f1_OF OVERDEPTH- - -PTH- - -
ELEV. —10' MLW--
ELEV. —9' MLW
TYPICAL SECTION B-B
SEPUIT RIVER TO
COTUIT BAY CHANNEL
100'
PROPOSED GRADE
MIN. 4:1 SLOPE APPROX. TOP
TYPICAL BOTH SIDES) APPROX. EX. OF SLOPE
GROUND
ELEV. 0 MLW
1' OF OVERDEPTH
ELEV. —7' MLW
ELEV. —8' MLW
TYPICAL SECTION C-C
SEPUIT RIVER TO
COTUIT BAY CHANNEL
80'
rrrrr
F. •,y
EXISTING GROUND r^
r
PROPOSED DREDGING TEMPLATE CA
NOTE: IN AREAS OF HIGH SHOALING,
1' OF ADVANCED MAINTENANCE DREDGING
WILL BE PERFORMED. THREE BAYS PRESERVATION INC.
TOWN OF OSTERALLE (Barnstable County) MA.
PLANS ACCOMPANYING PETITION OF 3 BAYS
PRESERVATION TO DREDGE PORTIONS OF
COTUIT BAY and NANTUCKET SOUND TO -11'
SCALE' NTS BORROW MATERIAL WILL BE USED TO FILL BEACH AREA ON SAMPSONS 1.
SHEET 5 OF 7 NOVEMBER 2000
f
PROPOSED GRADE
MIN. 4:1 SLOPE APPROX. TOP
TYPICAL BOTH SIDES) APPROX. EX.OF SLOPE
GROUND
ELEV. 0 MLW v
OF OVERDEPTH
ELEV. -12' MLW
r
I
ELEV.-1 WML
TYPICAL SECTION D-D
WEST BAY CHANNEL
100'
PROPOSED GRADE
MIN. 4:1 SLOPE APPROX. TOP
TYPICAL BOTH SIDES) APPROX. EX.OF SLOPE
GROUND
ELEV. 0 MLW v
1' OF OVERDEPTH
ELEV. -9' MLW
ELEV. -8' MLW .
TYPICAL SECTION G-G
WEST BAY CHANNEL
100'
PROPOSED GRADE
MIN. 4:1 SLOPE APPROX. TOP
TYPICAL BOTH SIDES) APPROX. EX.OF SLOPE
GROUND
ELEV. 0 MLW y
1' OF OVERDEPTH
ELEV. -11' MLW
ELEV. -10' MLW
TYPICAL SECTION H=H
NANTUCKET ENTRANCE CHANNEL
VARIES (200'-100'
x\\1111I1I
w iF
EXISTING GROUND
PROPOSED DREDGING TEMPLATE
NOTE: IN AREAS OF HIGH SHOALING,
1' OF ADVANCED MAINTENANCE DREDGING
WILL BE PERFORMED.
THREE BAYS PRESERVATION INC.
TOWN OF OSTERVILLE (Barnstable Counfy) MIA.
PLANS ACCOMPANYING PETITION OF 3 BAYS
PRESERVATION TO DREDGE PORTIONS OF
COTUIT BAY and NANTUCKET SOUND TO -11'
SCALE: NTS BORROW MATERIAL WILL BE USED TO ALL BEACH AREA ON SAMPSONS I.
SHEET 6 OF 7 NOVEMBER 2000
f
SE UIT NAN CKE _„
PRO OSED PHASE I PR FILERIERSCJND PROP SED RASE I PRO ILE
EACH G I 07 J
HEET No.1) -
ISTIN PRO ILE 101 0
1 I
80 -60 -40 -20 Q 20 40 60 80 100 120 140 160 180 200 220 240 260 280 300 320
SECTION E-E
DEADNECK BEACH NOURISHMENT
STA. 0+00 TO STA. 15+00
PHASE I AND II
i
SE UIT NANTJCKEr PPOPOSED PHA3E III ROFI
R r 7E-R—
8EAi,H GFUSS
SEE NOTE 2,
SHE T No.EXIS NG P OFILE 1SITFECE
0 /
HT
MHW
I
MLW
LT IVARSH
160 -140 -120 -100 -80 -60 -40 -20 20 40 60 80 100 120 140 160 180 200 220 240
SECTION F-F
EEDEADNECKBEACHNOURISHMENT
STA. 15+00 TO STA. 24+00 0 III
NANTUCKET SOUND COTUIT BAY
V
VATION
ILL TERIAL FOR BERM
i 1 ELEV. +10.5 FT
10
5
9 1
MHW
0
1
SAJPSONS ISLAP 0 i
5
80 -60 -40 -20 0 20 40 60 80 100 120 140 160
LEGEND
EXISTING PROFILE
SECTION I -I
PROPOSED PHASE I PROFILE
FUTURE PROFILE (PHASE 11 AND III)
SWL = STILL WATER LEVEL
THREE BAYS PRESERVATION INC.
NOTE: ALL ELEVATIONS ARE IN FEET TOWN OF OSTERVILLE (Barnstable County) MA.
AND REFERENCE MLW.
PLANS ACCOMPANYING PETITION OF 3 BAYS
PRESERVATION TO DREDGE PORTIONS OF
COTUIT BAY and NANTUCKET SOUND TO —1 V
SCALE: os shown
BORROW MATERIAL WILL BE USED TO FILL BEACH AREA ON SAMPSONS I.
SHEET 7 OF 7 NOVEMBER 2000
3 4
OilQ
DEPARTMENT.OF ENVIRONMENTAL PROTECTIO S
WATERWAYS REGULATION PROGRAM
FP
Bq R
Notice of License Amendment Application pursuant to M.G.L. Chap r TaRCECpp
Waterways License Application Transmittal Number W01-0252D SFRV,4T10NThreeBaysPreservation, Inc.
NOTIFICATION DATE: August 1, 2001
Public notice is hereby given of the Waterways application by Three Bays Preservation, Inc. to
amend the existing permit and hydraulically maintenance dredge approximately 6,288 cubic
yards material from the Cotuit Bay, West Bay and Nantucket Sound and to provide beach
nourishment along Sampsons Island in the municipality of Osterville in and over flowed tidelands
of the above stated waterways. The proposed project has been determined to be water-
dependent.
The Department will consider all written comments on this Waterways application received by
within 15 days subsequent to the"Notification Date". Failure of any aggrieved person or group
of ten citizens or more to submit written comments to the Waterways Regulation Program by the
Public Comments Deadline will result in the waiver of any right to an ajudicatory hearing in
accordance with 310 CMR 9.13(4)(c).
Additional information regarding this application may be obtained by contacting the Waterways
Regulation Program at(508) 946-2734. Project plans and documents for this application are on
file with the Waterways Regulation Program for public viewing, by appointment only, at the
address below.
Written comments must be addressed to: Mitch Ziencina, Environmental Analyst, DEP Wetlands
and Waterways Program, 20 Riverside Drive, Lakeville, MA 02347.
s
aJ
APPRO PLAW W Sole
81 Technology Park Drive
East Falmouth, MA 02536
Telephone: 508-540-8080
Direct Line: 508-495-6232
Fax: 508-540-1001
E-mail: tmarden@whgrp.com
December 11, 2001
Town of Barnstable
Conservation Commission
367 Main Street
Hyannis, MA 02601
RE: Change in dredge volume for Cotuit Channel Dredging (DEP File# SE3-3743)
Dear Commissioners,
The purpose of this letter is to request a change in the volume of dredge material
required to construct the previously permitted Cotuit Channel dredging project. The
original Order of Conditions requested a dredge volume of 6,288 cubic yards to be
placed near the western end of Sampsons Island. Pre-construction surveys performed
during December 2001 revealed that construction of the design channel width and
depth would require removal of up to 9,000 cubic yards of sand. Modifications to the
channel layout,width and depth are identical to that permitted previously, and changes
to the channel footprint are not being requested. The only change involves the removal
of additional material that has accumulated within the channel footprint since the time
of the last survey. The design for the Sam sons Island dune restoration/disposalYP
location will be sufficient to hold the additional dredge material, and no changes are
being requested to the disposal design or footprint. Please find attached a check for $25
to cover the processing of this application. Please do not hesitate to contact me with
any questions.
Sincerely,
Leslie Fields
Coastal Geologist
APPROVED PLAN Wo Sole
w azd
81 Technology Park Drive
East Falmouth, MA 02536
Telephone: 508-540-8080
Direct Line: 508-495-6232
Fax: 508-540-1001
E-mail: tmarden@whgrp.com
October 2, 2001
Town of Barnstable
Conservation Commission
OCT A 2001367MainStreet
Hyannis,MA 02601
BARNSTABLE CONSERVATION
RE: Revised Plan for Dead Neck Island Dune Restoration (DEP File# SE3-3743)
Dear Conservation Commission,
Woods Hole Group, Inc. (WHG) is submitting revised plans on behalf of Three Bays
Preservation, Inc. for a modification to the presently permitted channel layout
connecting Cotuit Bay with Nantucket Sound. The original Notice of Intent and plans
entitled "Channel Dredging and Beach Nourishment Plan" dated 10/24/00 showed the
connector channel (Section 8) in two separate segments. The plans have since been
modified (see attached plans) to show a continuous channel connecting Nantucket
Sound with Cotuit Bay. The depth of the proposed channel remains at—10 ft MLW, and
has been designed to provide a gradual ramp in water depth from the permitted
channel depths in the Sound and Bay. The location and design of the channel were
developed in consultation with MA Coastal Zone Management (MCZM). Changes
have not been made to the original design of the disposal site on Sampsons/Dead Neck
island. The dune restoration plan was designed with the help of the MA Audubon
Society, and is intended to create new wildlife habitat for rare and endangered species.
The remaining permits for this project are pending with the various state and federal
agencies. The anticipated start date for the dredging is November 1, 2001. Please do
not hesitate to call Leslie Fields at 508-495-6225 with any questions.
Sincerely,
06U A 6W Ck"
Tara Marden
Coastal Geologist
s
w
3
Yh
Ap
CIS
qN
pa
rn e 00
Cd
II
iA
a
V ,
r--
Woods bole Group
Marine Environmental Solutions
TM
Sent By Facsimile and 1"Class Mail 81 Technology Park Drive
E. Falmouth,MA 02536 - USA
Phone: 508-540-8080
December 15, 2000 Fax: 508-540-1001
e-mail: WHGroup@whgrp.com
www.whgrp.com
Barnstable Conservation Commission
D
rp
C/o Mr. Robert Gatewood, Conservation Agent
Town of Barnstable
Barnstable Conservation Commission DEC 2 1 2000
367 Main Street
Hyannis, MA 02601 BARNSTABLE Co"VSERV4TIoNFax: (508) 790-6230
Re: Dead Neck Dune Restoration'(S` E3J3)_-arid Rowe Dredging (SE3-3362)
Dear Members of the Commission,
This letter is intended to inform you that Three Bays Preservation,Inc. plans to
complete a portion of the dredging and beach replenishment work permitted for
these projects in the upcoming dredging season. Three Bays Preservation will be
working cooperatively with the Town of Barnstable and the Barnstable County
Dredge to dredge portions of the West Bay channel, as well as the Rowe channel.
All dredged material will be deposited on Dead Neck Island in accordance with
the existing permits. Existing permits and approvals include:
Dead Neck Dune Restoration Project
MEPA Final Record of Decision (EOEA 11692; dated September 16,
1998)
Order of Conditions (SE 3-3743, dated November 21,2000, active
until November 21, 2003)
Water Quality Certification (DEP Transmittal#85987, dated
November 2, 1998, active until November 2,2008)
Chapter 91 Permit (Permit No. 363, dated November 6, 1998; active
until November 6, 2008)
CZM Consistency Statement (November 9, 1998)
USACE Individual Permit (Permit No. 199701302, dated December
1, 1998)
Rowe Channel
MEPA Certificate (Not applicable)
Order of Conditions (SE 3-3362, dated July 31, 1998, active until
July 31,2001)
Amended Water Quality Certification (DEP Transmittal#87972,
dated January 14, 1999, active until January 14,2009)
Chapter 91 Permit (Permit No. 369, dated December 16, 1998, active
until December 16,2008)
CZM Consistency Statement (Not applicable)
USACE Programmatic General Permit (Permit No. 199802162,
dated December 18, 1998, active until March 1,2001)
The best case scenario is for mobilization to occur at the end of December 2000,
with dredging to occur in January 2001. The final schedule is subject to
refinement,however,based on other ongoing projects and weather conditions.
Please do not hesitate to call me (508-495-6229) or the Three Bays Preservation
Program Manager (Mr. Lindsey Counsell (508-420-0780) with any questions.
Sincerely,
The Woods Hole Group, Inc.
I
Robert P. Hamilton Jr.
Business Unit Director
Coastal Engineer
Cc: Mr. Doug Vigneau, MEPA
Ms. Yvonne Unger, DEP Waterways
Ms. Fran Jordan, DEP Waterways
Ms.Jane Mead, MCZM
Mr. Greg Penta,USACE
Mr. Dan Horn,Town of Barnstable Department of Natural Resources
Mr. Tom Marcotti, Town of Barnstable Department of Natural Resources
Mr. Lindsey Counsell,Program Manager, Three Bays Preservation, Inc.
Mr. William Gahagan, President, Three Bays Preservation, Inc.
I
i„
r.
Y Massachusetts Department of Environmental Protection
DEP Filer,umba
Bureau of Resource Protection - Wetlands SF3-3741
WPA Form .5 - Order of Conditions ProvideijbyD';_
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
T y
TOWN uo
A. General Information IT s
Important:
2639.
From: wrY
When filling
out forms on Barnstable
the computer, Conservation Commission
use only the
tab key This issuance if for(check one):
move your
0Urbur - E Order of Conditions
not use the
return key. Amended Order of Conditions
I
To: Applicant: Property Owner (if different from applicant):
Three Bays Preservation, Inc. Paul Mellon C/o Massachusetts alias-i ,
Name Name Society
PO BOX 215 208 South Great Rona
Mailing Address Mailing Address
Osterville, MA 02655 T.;nro1n MA 01773
Cityrrown State Zip Code Cityrrown State Zip Cam.
1. . Project Location:
Dead Neck Barrier Beach on Three Bays FS ttary Rarnctahle
Street Address Cityrrown
050 not a,;a Ong
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Barnstable
Country Book Page
109140
Certificate(if registered land)
3. Dates:
October 27, 2000 November 14, 2000 November 21, 2000 _
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
Dredging & Nourishment Plans October _2.4, 2000
Title Date
Section Plan October 1997
5. Final Plans and Documents Signed and Stamped by:
Richard Thomas,PE
Name
6. Total Fee:
512.50
from Appendix B:Wetland Fee Transmittal Form)
YFA For 5a e t '
Rev 02/00
Massachusetts Department of Environmental Protection -DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 — Order of Conditions ProvidedbyDEa
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act: r
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
Public Water Supply Land Containing Shellfish Prevention of Pollution
Private Water Supply Fisheries Protection of Wildlife Habitat
Groundwater Supply Storm Damage Prevention Flood Control
Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes).
Approved subject to:
the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the.extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control.
Denied because:
the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore, work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect.these interests, and a final Order of Conditions is issued.
the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project
may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final
Order of Conditions is issued.A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
General Conditions (only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federa!, state, or local statutes, ordinances, bylaws, or regulations.
WPA F=rr;5 Pace 2 c'i
Rev MOO
DEP File Number:
y Massachusetts Department of Environmental Protection
r Bureau of Resource Protection - Wetlands
WPA Form 5 — Order of Conditions Provid-; by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
th 2s-a-sp in this Order.
5. This Order maybe extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has-become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon'which the proposed work is to
be done. In the case of the registered land, the Final Order shah also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
Massachusetts Department of Environmental Protection" (or, "MA DEP")
File Number SE3-3743
M. Where the Department of Environmental Protection is requested to issue a Superseding Order,the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
WFn Far+5 Faye 3 cf 7
Rev 02100
1
DEP File Number:
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Provided by DESWPAForm5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or in place,the wetland boundary morker;-; shall be maintained dntil a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Special Conditions (use additional paper, if necessary):
see attached
Findings as to municipal bylaw or ordinance
Furthermore, the Barnstable hereby finds (check one that applies):
Conservation Commission
that the proposed work cannot be coriditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Name Municipal Ordinance or Bylaw
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
Article 27 of Town Ordinances
Name Municipal Ordinance or Bylaw
The Commission orders that all work shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above. To the extent that the following conditions
modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,
the conditions shall control.
wPA Fa^+S Pate<c'7
Re i Gc/v
SE3-3743 ---Three Bay Preservation
Approved plans=Oct.24,2000 Dredging and Nourishment Plans by Richard Thomas PE and
October, 1997 Section Plan by same.
Special Conditions of Approval:
1. Within one month of receipt of this Order of Conditions and prior to the commencement of any work
approved herein,General Condition number 8(preceding page)shall be complied with.
2. Prior to the start of work,a Certificate of Compliance hsall be-obtained for file SE3-3228.
3. This permit is valid for 3 years from the date of issuance, unless extended at the request of the
applicant.
4. The applicant shall provide project contractors with copies of the Order of Conditions and approved
plans prior to the start of their work.
5. The Natural Resources Dept.shall be notified at least 21 working days prior to the start of work at the
site,to inspect the areas for shellfish. If deemed necessary by the Shellfish Constable, shellfish shall
be removed from the work area to a suitable site and/or replanted at the locus following construction.
The foregoing measures for shellfish protection shall ensue at the expense of the applicant.
6. No work on the project shall take place between March 15 and October 15.
7. Sand for nourishment shall be clean and compatible. No silt or clay chunks shall be placed upon the
barrier beach.
8. Saltmarsh shall not be disturbed during the project. The slope of the constructed dune shall gently
feather out,on the Seapuit River side with its end point no closer then 3' off the marsh edge.
9. Prior to slurry discharge,the applicant shall consult with the Conservation Agent at the site to inspect
the adequacy of sediment controls adjacent to salt marsh.
10. The slurry pipe shall not be placed in the saltmarsh,nor shall any heavy equipment be operated in the
marsh. Foot traverse through the marsh shall be avoided.
11. The temporary bulkhead shall be removed from the barrier beach.
12. A post-dredging bathymetric survey shall be performed by the project engineer and results submitted
to the Conservation Commission within 6 months of dredging. The Cotuit cut area shall a monitored
annually for erosion/deposition dynamics for the life of this order.
13. Siltation resultant from slurry discharge shall be monitored on a daily basis. Should silt plumes be
observed(as was the case in phase 1), the applicant shall immediately notify the Shellfish Officer and
Conservation Agent.
14. Beach grass planting(both area and density)shall meet with the approval of the Mass Audubon
Society.
15. At the completion of work, or by the expiration of the present permit, the applicant shall request in
writing a Certificate of Compliance for the work herein permitted. Where a project has been
completed in accordance with plans stamped by a registered professional engineer,architect,landscape
architect or land surveyor, a written statement by such a professional person certifying substantial
compliance with the plans and setting forth what deviation, if any, exists with the record plans
approved in the Order shall accompany the request for a Certificate of Compliance.
ent of Environmental Protection
DEP File Number.
Massachusetts Department
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions Provided by DEP
Q'
Massachusetts Wetlands Protection Act M.G.L: c. 131, §40
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
see attached
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or
hand delivered at the same time to the appropriate Department of Environmental Protection Regional
Office (see Appendix A) and the property owner(if different from applicant).
Signatures:
c
i
Day Month and Year
before me personally appeared
U'2) 144 He Z L er
to me known to be the person described in and who executed the foregoing instrument and
ackn /edged at he/she ex c ed the same his/her fre act and deed.
Notary Public My Commission Expires
This Order is issued to the applicant as follows:
by hand delivery on by certified mail, return receipt requested, on
November 21, 2000
Date Date
WPA form 5 Page 5 of 7
Rev.02=
i
DEP File Number:
x 111Qssachusetts Lepa, ume;lt of Environmental Protection
Bureau of Resource Protection- Wetlands
WPA Form 5 — Order of Conditions Providedb_DEP
Yb•
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
4
C. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of.Conditions.
The request must be made by certified mail or hand delivery to the Department,with the appropriate filing
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in
310 CMR 10.03(7) within ten business days from the date of issuance of this Order.A copy of the request
shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and-to-.--
the applicant, if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
D. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located; within the chain of title of the affected property. In the case of.recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
Barnstable
Conservation Commission
1
Y PA F;rn!Pa;e 5 cf 7
Rev 02/00
D=P File Numb,.:
Massachusetts Department of Environmental Protection
I Bureau of Resource Protection - Wetlands
t Provided by DSF
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
Barnstable
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Dead Neck Barrier Beach on Three Bays Estuary SE3-3743
Project,Location D_P File Number
Has been recorded at the Registry of Deeds of:
County BooK Page
for:
Pro+.erty Ov:ner
and has been noted in the chain of title of the a`fected property in:
6cot Page
In accordance with the Order o`Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
InsVument Number
If registered land, the document number identifying this transaction is:
Document Number
Sicnature of Applica it
pzSP 7 c<7
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands DEP File Number
WPA Form 3 - Notice of Intent
for DEP use only
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Please type or
AND TOWN OF BARNSTABLE ORDINANCES
print clearly all General Information
information
ARTICLE XXVII
3. Property Owner(if different from applicant):requested on this 1. Applicant:
form. Paul Mellon C/O Massachusetts Audubon Society
Three Bays Preservation, Inc Name
NMr- 208 South Great Road
P.O.Box 215
M.?dng ndti'Pss
Maiii;;g,4cidre55 Lincoln
Osterville
Ciry,fawn
City7own MA 01773
MA 02655 Kate Zip COde
state Zip code
4. Summary of Project Impacts:
PitotteNurr,UeJ
IT" r r o w [a.Is any work being proposed[in the Buffer Zone.
F?x Num@er iif arp;iu?WI y'
No V Yes
uu IOCT 2 7 2000GNaiiAdrh2S5(,'fappiirabie)
If yes,how many sq.ft.?
2. Representative(if any): 95,000 BARNRT,4pi
ATION
Woods Hole Group,Inc. sguarefeei
t:%rm
Robert Hamilton b.List the impacts of proposed activities on each wetland
cvr:?cr,v,?r,e resource area(temporary and permanent impacts,prior to
81 Technology Park Drive restoration or mitigation):
M.adi;:g,4ddress
Resource Area Size of Impact(e.g.,sq.ft.)East Falmouth
citynrner,
MA 02536 Coastal Dune 48,103(0)'
state Zip Lode
508-540-8080
Barrier Beach 769,250(113,451)
Pfrare Nurrt508Nuirbo 001 Land under ocean 1.920,685(44,720)
Fax am erilto eppliu?
h Land containing shellfish 1,920,685 44,720bhamilton@whgrp.com 9
iiMaiiAdm2ss f/appu.a..re)
All numbers in parenthe indicate additional
areas above size previously approved.
See Attachment B for a summary of impacts.
Project Description
1.Project Location: 2. Registry of Deeds:
ti=o A MNO
Barnstable Barnstable
City/Tnwn C.-Ay
Dead Neck Barrier Beach on Three Bays Estuary
sUeetflddress
50 1 and 2 ll
itssrsxasR9ap Pla1F Parmftot6 page
u
109140
CK.IifirVe pfRegisiered Land)
Rev.10/98 Page 1 of 5
NOTICE OF INTENT
Submitted to the Town of Barnstable
For
DEAD NECK DUNE RESTORATION
W#is0 1 8
81 Technology Park Drive
East Falmouth MA 02536
October 2000
z
r Woods bole Group
TwMarine Environmental Solutions
81 Technology Park Drive
Hand-delivered E. Falmouth, MA 02536 • USA
Phone: 508-540-8080
Fax: 508-540-1001
October 24, 2000 e-mail: WHGroup@whgrp.com
www.whgrp.com
Barnstable Conservation Commission
C/o Mr. Robert Gatewood
367 Main Street
Hyannis, MA 02601 OCT z 7 2000
t
Re: Dead Neck Dune Restoration Project
L E C0,4 vAT1pN
Dear Commission Members,
The Woods Hole Group (WHG) is submitting this Notice of Intent(NOI) on
behalf of the Three Bays Preservation, Inc. for dredging navigation channels
within the Three Bays Estuary and restoration of Dead Neck Island. There was
an existing Amended Order of Conditions (SE 43-3228, dated February 13, 1998)
for this project that unfortunately expired on September 10, 2000. Much of the
work permitted by this Amended Order has been completed over the past two
years; however, there still remains work to be completed. The expiration of the
Order was an oversight that could have been prevented with a request for an
extension; however, it was erroneously assumed that the Order was valid three
years from the Amendment data,which it was not.
This new NOI is submitted because there is a need presently to finish the work
outlined in the expired Amended Order, and to add slightly to the scope of
work. Three Bays Preservation is working cooperatively with the Town to
employ the county dredge to perform dredging this year in West and Cotuit
Bays (beginning in December). In order for the work to be completed,
permission must be renewed from the Town. All other existing state and federal
permits are still active. We hope that an Order of Conditions can be issued in a
timely fashion so that the work can proceed.
There are two fundamental requests in this NOI.
First, there is a brief summary of the scope of work permitted under
the previous Amended Order of Conditions,and we ask that
permission for this work be renewed with a similar Order of
Conditions.
Second, there is a description provided for a small amount of
additional dredging in the Cotuit channel entrance that we ask be
added to the existing scope of work. This dredging is required for
navigational purposes, and the material will be used to enhance bird
habitat and storm protection on Sampson's Island. Three Bays
Preservation has worked cooperatively with the Audubon Society to
ensure the addition of the material to Sampson's Island will provide
environmental benefits.
Thank you for your continued support for the Three Bays Preservation's
programs. Please don't hesitate to contact us if there are any questions or
requirements for additional information.
Sincerely,
The Woods Hole Group, Inc.
Bob Hamilton
Coastal Engineer
Enclosed: Nine (9) copies of the NOI
1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection-Wetlands
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Project Description (coot.)
3. Project Description:
4.Plan and/or map references(list title and date):
See Attachment C
Locus Map(Attachment A)
Project Plans,October 2000 (Attachment D)
Activities Subject to Regulation
Land Under Water Bodies:
1. a.If Buffer Zones to resource areas are to be impacted,in
Not applicable
whole or in part,check the applicable resource areas:
y arr I ee.to be a!terW
Inland Resource Areas Coastal Resource Areas
Cubic Yvzs ro he dreCed
Inland Bank Coastal Beach
Land Subject to Flooding:
Bordering Vegetated Wetland V.Barrier Beach
Bordering:
i Rocky Intertidal Shore Not applicable
i Coastal Dune Square reettoLvAeed
Coastal Bank Cubic wardsfine;ordi.pkxed
Salt Marsh
Isolated:
b. Proposed activities located,in whole or in part,in Not applicable
Wetland Resource Area(s)(Complete all that apply): Square feettobealtered
Inland Resource Areas Cubic lerdsfifiedordisplaced
Bank:
Coastal Resource Areas
Not applicable
Lima,Feettobeafrered Salt Marsh:
None
Bordering Vegetated Wetlands: Square feetrobealtered
Not applicable
Squarefeetl7heanarei Coastal Dune:
48,103(0)
Square feet to be replica!ad cr resU
Square Peer to be altered
red None
Cubir.Yv1.,VN/cluam to be removed
Rev.10/98 Page 2 of 5
ti
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
U Activities Subject to Regulation (coot.)
Land Under Ocean:
1,920,685(44.720) ii.Width of Riverfront Area(check one):
SquxeFeeu,?beo;tered 25 feet-Designated Densely Developed Areas only
317,926(6,288) ---I 100 feet-New agricultural projects only
cub.:)aastobedreoyed 200 feet -all other projects
iii.Mean annual high-water line determined by:
Beach: check all that apply)
769,250(113,451)
Square feettnbealrered
Changes in soil:vegetation:water marks;scouring
Top of bank(inland rivers)
First observable break in slope
Rocky Intertidal Shore: Mean annual flood level
Not applicable
Mean high tide(for coastal rivers only)
Square Feet to bealier*0 iv.Distance of proposed activity closest to the mean annual
high-water line:
Land Under Salt Pond: Not applicable
FF.fi i
Not applicable
Square Feet to beSIM—''
v.Total area(square feet)of Riverfront Area on the site of
the proposed project:
i rbic Yards ioberkedyed
Not applicable
Coastal Bank:
Square Feet
Not applicable vi.Proposed alteration of Riverfront Area:
Linear feet to beallaed Not applicable
Total Square feet
Designated Port Area:
square feel within 100 R.!orn bank
Not applicable
Square Feet to be aLrered Sanaie Feet bentieen 100 and 200 R,From hank
Land Containing Shellfish:
2. Bordering Vegetated Wetland Delineation:Explain the1.920,685(44,720) determination of Bordering Vegetated Wetland boundaries
Square F liobealtered identified on plans:
Final Order of Resource Area Delineation issued by
Fish Run: conservation commission or DEP(attached)
Not applicable
DEP BVW Field Data Form(attached)
Linair Feet io be allwed
J Other Method of Determining BVW boundary(Check all
Riverfront Area that apply and attach documentation):
5076 or more wetland indicator plants
i.Name of waterway(if available): Saturated/inundated conditions exist
Not applicable
Groundwater indicators
Direct observation
Hydric soil indicators
Credible evidence of conditions prior to disturbance
Rev.10/98 Page 3 of 5
y
Massachusetts Department of Environmental Protection
Bureau of Resource Protection-Wetlands
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection:Act M.G.L. c. 131, §40
Activities Subject to Regulation (cont.)
3.Sites Subject to Special Protection
b.Is any portion of the proposed project located within an
a. Is any portion of the proposed project located within Area of Critical Environmental Concern(ACEC)?
estimated habitat which is indicated on the most recent
Estimated Habitat Map of State-Listed Rare Wetland Yes V. No If yes.provide name of ACEC(see
Wildlife published by the Natural Heritage and Endangered Appendix D for ACEC locations):
Species Program?
ACFC
V Yes No
2000-2001 Edition
Date of Map
If yes,include proof of mailing or hand delivery of NO1 to:
Natural Heritage and Endangered Species Program c. Is any portion of the site subject to a Wetlands
Division of Fisheries and Wildlife Restriction Order under the Inland Wetlands Restriction Act
Route 135.North Drive M.G.L.c.131,s.40A)or Coastal Wetlands Restriction Act
Westborough,MA 01581 M.G.L.c.131,s.105)?
Yes i ' No
If yes,attach a copy of the Restriction Order to the NO1.
Performance Standards
1. Is any portion of the proposed activity eligible to be treated
b.Was the lot where the activity is proposed created prior to
August 1, 1996?
as a limited project subject to 310 CMR 10.24 or 310 CMR
10.53?V Yes ::I No
Yes i/No If yes,describe which limited project 4. a. Describe how the project will meet all performance
applies to this project: standards for each of the resource areas altered,including
standards requiring consideration of alternative project
design or location. Attach additional sheets.if necessary,
Attachment E and F
2. Is any activity within any Resource Area or Buffer Zone
1 exempt from performance standards of the wetlands
regulations,310 CMR 10.00.
Yes V.No If yes,describe which exemption applies to
b. Stormwater Management:
this project:
The project is exempt from the DEP Stormwater Policy:
Yes ' No If yes,explain why the project is exempt:
3. a.Is the project located in the Riverfront Area: Proposed project has no effect on stormwater.
Yes V.No
It yes,indicate the proposed project purpose:
Single family home
Residential subdivision
Commercial development If no,stormwater management measures are required.
Industrial development Applicants are encouraged to complete Appendix C•
Transportation Stormwater Management Form and submit it with the
Other-describe: Notice of Intent.
Rev.10/98 Page 4 of 5
l'
massadfersetts Deparbow of Envirannontal Protection
Bureau of Resource Protection—Wetlands
WPA Form 3 • Notice of intent
Massachusetts Wetlands Protection Act M.G.L. c. 731, §40
U Additional Information
Afsplicant must include ail the following with this Notice of Intent-
USGS or other map of the area(along with a narrative description,if necessary).containing sumciem
information for the conservation commission and the Department to locate the site.
Plans identifying the location of proposed activities('including activities proposed to serve as a BVW
replication area or other mitigating measure)relative to the boundaries of each affected resource area.
Other material identifying and explaining the determination of resource area boundaries shown on plans
e.g..a DE BVW field Data Form).List of the titles and final revision dates of all plans and other material submitted with this N01.
1
Fees
tThe fees for work proposed under each Notice of Intent must Applicants must Wbmitthe following information(in
be calculated and submitted to the conservation commission addition to pages 1 and 2 of Appendix B)to confirm fee
and the Department(see the Instructions and Appendix 0: payment:
Wetland Fee Transmittal Form). 7105.7108 10125/00
C**M~ cftcl OaA
No fee shall be assessed for projects of the federal govern- Woods Hole Group
meet,the Department of Environmental Protection.or cities piYor4wo4w
and towns of the Commonwealth.Three Says Preservation,Inc.
d,QptlydM Mx'fPORraarM 1rprtAg'ad
Signatures and Submittal Requirements
PLEASE INDICATE WHO IS TO RECORD TIE ORDER OF CONDITIONS: _APPLICANT X_AGENT
I hereby certify under the penalties of perjury that the For conservation connnission:
foregoing Notice of Intent and accompanying plans,docu• Two copies of the completed Notice of Intent(Form 3),
meets,and supporting data are true artd complete to the best including supporting pas and
B:end theen nown fco pay of
ment
of my knowledge.I understand that the conservation commis- pages 1 and 2 of Appendixty Y
sion will place notification of this Notice in a local newspaper must be sent to the conservation commission by certified mail
at the expense of the applicant in accordance with the wetlands or hand delivery.
regulations,310CMR 10.050)(8)
For KP:
I further certify under penalties of perjury that all abutters were Two copies of the completed Notice of Intent(Form 3),
notified of this application,pursuant to the requirements of including supporting plans and documents:two copies of
M.G.L.c.472 of the Massachusetts Acts of 1993.Notice must pages 1 and 2 of Appendix B;and a copy of the state fee
be made in writing by hand delivery or certified mad(return payment must be sent to the DEP regional office by certified
receipt requested)to all abutters within 100 feet of the mail or hand delivery(see Appendix A for regional office
property line of the project location. addresses).
Other:
If the applicant has chwJW the'yes"box in any part of
Section C,Item 3.above,refer to that section end the Instruc-
tions for additional submktal requirements.
The original and copies must be sent simultaneously.Failure by
the applicant to send copies in a timely mariner may result in
10/26/00
dismissal of the Notice of Intent.
S:g wweufnpnrnrr.i^c Orr
1 •
Page 5 of 5
Reis 1tt/9B
27 of OCTOBER in the yem=L m accK with the
Submiaad the day u ps far s Notice of Infant
Town of Barnstable"Regulation Governing Minimum Submission Rcq
Application"by:
Print Name)
08-4 -tt
Owner i Ap ficeutt SignatureI Telephone
508) 540-8080
rNll—er's Authorized Agent b....:
Telephone Number
Approved: May 23,1997
Revised: July S.I997
1rsuMea2.d%
submg2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands
WPA Appendix B - Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G,L. c. 131, §40
Please type or
print clearly all U Instructions
information
1. To calculate filing fees,refer to the category fee lists and 2. To the conservation commission:Send the Notice of Intent,requested on this
form. examples in Section D of this form.Complete pages 1 and Abbreviated Notice of Intent,or Abbreviated Notice of
2 of this form and send these pages and a check or money Resource Area Delineation;a copy of pages 1 and 2 of this
order for the state share of the fee,payable to the Com- form;and the city/town fee payment.
monwealth of Massachusetts,to:
3. To DEP regional office(see Appendix A for addresses):
Dept.of Environmental Protection Send the Notice of Intent,Abbreviated Notice of Intent,or
Box 4062 Abbreviated Notice of Resource Area Delineation;a copy of
Boston,MA 02211 pages 1 and 2 of this form;and a copy of the state fee
payment.
Applicant/Property Owner Information
1. Applicant: 2. Property Owner:
Three Bays Preservation, Inc. Paul Mellon C/O Massachusetts Audubon Society
Nalne Ila1f;E
W
P.O.Box 215 208 South Great Road
MaiiingAddfess M!hngAddress
Osterville Lincoln
CilylTown cityi l bwr,
W
MA 02655 MA 01773
state 40 Code a.e Zip code
781)259-9500
Pioone A4imbh' phone A+umber
3. Project Location:
Dead Neck Island/Cotuit Bay
Barnstable
CiryrToa,n
Fees
OCT 2 7 2000
Note:See Abbreviated Notice of Resource Area Delineation:
examples of how
to calculate The fee is calculated as follows(check applicable project type): BARNSTABLE CONSERVATIONwetlandfilingfees
in Section D. single family house project
x$1.00
feet of BVW)
i
Total fee(not to exceed$100)
all other projects
x$1.00=
feet of BVW) Total fee(not to exceed$1.000)
State share of filing fee: City/Town share of filing fee: $512.50
112 of total fee minus$12.50) 112 of total fee plus$12.50)
Rev.10/98 Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands
WPA Appendix B - wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 731, §40
Fees (cont.)
Note:See Abbreviated Notice of Intent or Notice of Intent:
examples of how
to calculate The fee should be calculated using the following six-step process and worksheet:
wetland filing fees
in Section D.Step 1/Type of Activity:Describe each type of activity(see Section D for a list of activities)which will occur in a wetland resource
area and buffer zone.
Step 2/Number of Activities:Identify the number of each type of activity.
Step 3/Individual Activity Fee:Identify the fee associated with each type of activity using the six categories of projects and fees
listed in Section D of this form.
Step 4/Subtotal Activity Fee:Multiply the number of activities(identified in Step 2)times the fee per category(identified in
Step 3)to reach a subtotal fee amount.Note:If any of these activities are in a riverfront area in addition to another resource
area or the buffer zone,the fee per activity should be multiplied by 1.5 and then added to the subtotal amount.
Step 5/Total Project Fee:Determine the total fee for the project by adding the subtotal amounts identified in Step 4.
Step 6/Fee Payments:To calculate the state share of the fee,divide the total fee in half and subtract$12.50.To calculate the
city/town share of the fee,divide the total fee in half and add$12.50.
Step 1/Type of Activity Step 2/Number Step 3/Individual Step 4/Subtotal
of Activities Activity Fee Activity Fee
Beach Nourishment 1 250.00 250.00
Dredging 1 725.00 725.00
Step 5/Total Project Fee: $
1,000_00
Step 6/Fee Payments:
Total Project Fee:
1,000.00
Total fee from Step 5)
State share of filing fee: $
487.50
City/Town share of filing fee: $
512.50
1/2 of total fee minus$12.50) 1/2 of total fee plus$12.50)
Rev.10198 Page 2 of 4
ATTACHMENT A
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Three Bays Preservation, Inc.
The Woods Hole Group Dead Neck Dune Restoration, Barnstable, MA
81 Technology Park Drive
110 S e E. Falmouth, MA 02536
USGS Cotuit Quadrangle
1
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ATTACHMENT B
Summary of Impacts
1
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Attachment B: Summary of Impacts
Although the scope of the project is relatively large,the environmental impacts
of the proposed project are generally positive. Much of the work has already
been completed under the previous Amended Order. Positive impacts related to
storm protection, navigation,wildlife habitat enhancement, and water quality
have been observed. A summary of the expected impacts is presented below:
1. Effects on erosion control: The proposed project will cause a dramatic
improvement of the erosion protection to the Three Bays System. The
proposed project is designed specifically to improve the storm protection and
flood control capabilities of the presently eroded Dead Neck and Sampsons
Island barrier beach system. The proposed maintenance dredging will not
expose the Three Bays System to increased coastal erosional pressures (e.g.,
waves, currents, storm surge).
2. Effects on wildlife: Both aspects of the proposed project, dune restoration
and dredging,will benefit wildlife. The restored dunes and widened coastal
beaches will provide additional habitat for birds and other indigenous
species. The dune restoration also will improve storm protection provided by
Dead Neck to marine fisheries and wildlife habitat within the estuary (e.g.,
salt marsh, land containing shellfish). If necessary, a shellfish seeding
program will be implemented to restore the health of the dredged land
containing shellfish. Dredging also will improve tidal circulation within the
Three Bays Estuary, which may lead to an improvement in water quality.
The Three Bays Preservation is committed to monitoring the effect of the
dredging on water quality in the system.
3. Effects on recreational interests: Dead Neck Island is used routinely in
summer months by recreational swimmers, sunbathers, and boaters.
Presently, Nantucket Sound beaches on Dead Neck have eroded to the point .
where little healthy recreational beach areas remain. Sandy beaches will be
provided by the proposed dune restoration/beach nourishment project,
which will improve recreational aspects of Dead Neck Island. Additionally,
the channels maintenance dredged in West Bay, Cotuit Bay, and Nantucket
Sound will improve navigation and safety for recreational boaters in the
Three Bays system.
4. Effects on aesthetic interests: The aesthetic qualities of Dead Neck Island
will be improved as a result of the proposed dune restoration and beach
nourishment. 'The work completed to date under the previous Amended
Order helped restore the natural beauty of Dead Neck Island. The beaches
are wider, more shallow sloping, and sandy. The clean,beach-compatible
sediments placed on the beach have been bleached to lighter colors by the
sun. Also, as a result of the proposed project,the dune system appears
healthy,with thriving beach grass. From Nantucket Sound,Dead Neck once
again epitomizes a healthy Cape Cod barrier island. Continued dredging and
beach replenishment is required to maintain these positive environmental ,,
impacts.
5. Effects on public trust rights: Although Dead Neck Island is privatelyPggPY
owned, the barrier beach is used routinely by the public. The proposed
project will improve the utility of Dead Neck with regard to swimming,
sunbathing, etc.
ATTACHMENT C
Project Description
T
Attachment C: Project Description
The project fundamentally consists of dredging navigation channels and use of
the dredged materials to restore eroding beaches, dunes,and wildlife habitat on
Dead Neck and Sampson's Island. In all, the project consists of 124,136 cubic
yards of maintenance dredging and 193,078 cubic yards of improvement
dredging from navigation channels within West Bay,Cotuit Bay, the Sepuit
River, and Nantucket Sound. All of the proposed maintenance dredging and
186,790 cubic yards of the proposed improvement dredging was permitted under
the expired Amended Order of Conditions; therefore, only 6,288 cubic yards of
additional dredging from the entrance channel to Cotuit Bay is requested as part
of this NOI. Brief project descriptions for the previously permitted work and the
additional work are provided below:
Previously permitted work
The expired Amended Order of Conditions (SE 43-3228) provided.for extensive
dredging of navigation channels and beach replenishment/dune reconstruction
on Dead Neck Island. The plans in Attachment D show clearly the scope of work
that was previously permitted,which included the following primary
components:
Phase 1
Dredging of a navigation channel, extending from Nantucket Sound
through the jettied entrance and into West Bay.
t Dredging of a small spur channel from West Bay into the Sepuit River.
Dredging of a system of channels within Cotuit Bay extending from
the Sepuit River to the exit from Cotuit Bay into Nantucket Sound.
Dredging of an approach channel in Nantucket Sound to the entrance
of Cotuit'Bay.
Placement of approximately 124,637 cubic yards of clean,beach-
compatible dredged material onto a 1,500 foot section of the east end of
Dead Neck to provide a 25-year (average)storm protection design.
Planting of beach grass on Dead Neck.
Phase 2
Placement of an additional 57,220 cubic yards of sand to reinforce the
Phase 1,25-year(average) design to a 50-year(average) storm
protection design.
Phase 3
Renourishment of an additional 900 feet of Dead Neck Island to extend
the length of the 50-year(average) storm protection design.
r
In all, the previously permitted work consisted of 310,926 cubic yards of
dredging. Extensive environmental surveys and analyses were performed in
support of the initial project, including: sediment coring and laboratory grain
size analyses; shellfish surveys;wetland resource delineation and assessment;
bathymetry surveys; engineering design; and environmental impact assessment.
Extensive coordination with the various local, state, and federal permitting
authorities also was required to obtain appropriate permits. The purposes of this
previously permitted work include improved storm protection,navigation
benefits, restoration of environmental habitat including habitat for rare and
endangered species of birds (e.g., piping plover), and water quality
improvements. An extensive Amended Order of Conditions was issued, which
outlined the scope of permitted work, appropriate environmental protection
guidelines, and monitoring requirements.
Most of the dredging within Cotuit Bay has been completed, as have portions of
the dredging in West Bay. No work has been completed within Nantucket
Sound. Dead Neck has been restored substantially, and storm protection benefits
have been realized. Also, the Audubon Society has documented an
improvement in wildlife habitat, particularly for rare and endangered species of
birds (See Attachment K). Further, some citizens have reported a qualitative
improvement to water quality since the dredging has been completed. The Three
Bays Preservation is working cooperatively with its constituency, the Town, and
the County to complete the remaining work that was permitted under this
Amended Order of Conditions. This new NOI is being filed to renew permission
to complete this work,because the existing Amended Order has unfortunately
expired. It is anticipated that a new Order of Conditions can be issued with the
same Special Conditions that pertained to the expired Amended Order. The
existing state (i.e., EOEA Final Record of Decision from MEPA,Water Quality
Certification, Chapter 91 Permit, and MCZM Consistency Statement) and federal
permits (i.e., USACE Individual Permits) are still active, and provide permission
to complete the work for a period of up to 10 years.
Additional Proposed Work
The newly proposed work,referred to as Phase 4,consists of removing an
additional 6,288 cubic yards of dredge material from the entrance to Cotuit Bay.
The purpose of this new work is to maintain a 10 ft navigation channel between
Nantucket Sound and Cotuit Bay,which is experiencing shoaling problems at it's
extents. This additional dredging would result in only a 2 percent increase in thegY
previously approved dredge volume and is required simply to connect the
interior and exterior channels of Cotuit Bay.Water depths in many areas of the
entrance are naturally deep and therefore maintaining a navigation channel at
the entrance to Cotuit Bay would only require dredging at the entrance channel s
seaward and landward extents of(See Attachment D).
This dredging will provide beach compatible sand for the enhancement of
wildlife habitat and the improvement of storm protection along a 900 ft section of
Sampson s Island. Three Bays Preservation has worked cooperatively with
representatives from the Audubon Society to design the placement of this
material so as to improve habitat specifically for rare and endangered species of
birds that inhabit Sampsons Island. All dredged material will be placed above
the coastal bank to avoid harming any shellfish existing just offshore of
Sampson's Island.
A Final Record of Decision has been issued by MEPA, which states that the
project does not require an EIR. Further,we are in the application process with
the appropriate state (i.e., DEP and MCZM) and federal (i.e., USACE) agencies to
modify the existing permits to allow this limited additional dredging.
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ATTACHMENT D
Project Plans
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N ATLANTIC
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PROJECT 46 5.3 8.8 ,
VICINITY
5F 8.6 3.3 B A Y
3.3
4.9 2.3
VICINITY MAP
0 S T E R V I L L E 4 8
D* 4.5D
C 0 T U I T G R A N D 51
3,5 4.0
j 4.7
BAY I S L A N D
3,2
5,5 3.9 CHANNEL TO BE DREDG D
4.9 TO -11' MLW; CHANNEL
b COTUIT BAY TO SEPUIT WIDTH WILL BE 100'
RIVER CHANNEL TO BE
V4
V,
71 PREVIOUSLY PERMITTED)
DREDGED TO -9'; CHANNEL
WIDTH WILL BE 100'
S.1 3.6
4.6
101 PREVIOUSLY PERMITTED)
2 5.2
COTUIT BAY TO SEPUIT
RIVER CHANNEL TO BE 30
15 41
3 7 SECTION
NO 2
DREDGED TO -7'; CHANNEL 4,1
SECTION WIDTH WILL BE 80'
106
5 0
3.9 B* NO.3 PREVIOUSLY PERMITTED) 2.2
6,0
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2,6
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6 5.8 3 3 SECTION V0.4 3.0
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H I G H L A N D S 1 1 0 a
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COTUIT BAY TO NANTUCKET SOUND 5 C* 4 y
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CHANNEL TO BE 24 1 7 g
D D
DREDGED TO -10'; CHANNEL
z. 1 5 V9
WIDTH WILL BE 100'
Q4 41i
COTUIT BAY CHANNEL TO BE y v_____
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I N(
PERMIT PENDING) SECTION NO.1 - 15 G*G*
SECTION NO.8 A*DREDGED TO -1 1 ; CHANNEL 9
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5.7 5.5
09 5,7` WIDTH WILL BE 200'
ors
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2,1 PREVIOUSLY PERMITTED)5'8
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2. 14 2000
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SILT FENCE (TYP.)5.° E
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I LINE
TOP OF BERM O
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E*BEACH FILL VOLUMES
10.5 FT 70 FT WIDE PHASE I TOE
PERMIT PENDING) - PHASE EXISTING
SHORELINE N
WATER
OF DUNE
o
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SECTION BEACH FILL (CY)i O W "J
I* c~n
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NOTES PHASE III PHASE I AND
PHASE 1 124,637
f PREVIOUSLY PERMITTED) PHASE PHASE 2 57,220
MEAN HIGH WATER
1 . ALL DEPTHS AND ELEVATIONS REFERENCE MLW.
PREVIOUSLY PERMITTED) PHASE 3 51 ,678
IN AREAS OF HIGH SHOALING RATES,LEGEND PHASE 4 6,500
1 ' OF ADVANCED MAINTENANCE DREDGING WILL BE PER7ORMED.
2. THE BACK 20 FT WIDE SECTION OF DUNE (ONCE THE 6:1 SLOPE TOTAL 240,035
SECTION N0.7
SHORELINE REACHES THE BERM ELEVATION) SHALL BE PLANTED WITH CAPE
PIER/DOCK AMERICAN BEACH GRASS, 2 CULMS PER HOLE, 14 INCHES ON CENTER SCALE
HOUSE STRUCTURE AND 8 INCHES DEEP. THE LIMITS OF THE PLANTED AREA ARE SHOWN X 400 0 200 400 800
SECTION NO.6 ROADS ABOVE. o
20 TOP OF DUNE 3. A TEMPORARY SILT FENCE MUST BE INSTALLED 3 FT FROM THE EDGE-------
TOE OF DUNE OF A MARSH DURING CONSTRUCTION TO ENSURE THE MARSH WILL NOT o FEET
2.0 DEPTH NBELOWCMCONSTRUCTION BE COVERED.
CHANNEL CUT VOLUMES G* '
G* 00
SEE SHEET 2 FOR CROSS SECTIONS
V8 SALT MARSH VOLUME TO VOLUME TO MAINTENANCE IMPROVEMENT REV DATE j DESCRIPTION BY
G* TEMPORARY SILT FENCE SECTION GRADE (CY)OVERDEPI-H (CY) DREDGING (CY) DREDGING (CY)
CAPE AMERICAN BEACH GRASS LOCATION L V6 THREE BAYS PRESERVATION, Inc.20 Vx 1997 SEDIMENT CORING LOCATIONS No. 1 95,354 27,226 14,615 107,965
G* COTUIT BAY ENTRANCE CHANNEL 10 1998 SEDIMENT CORING LOCATIONS 5.0 4 OSTERVILLE, MASSACHUSETTS
TO BE DREDGED TO -8'; 0,16 2000 SEDIMENT SAMPLES No. 2 10,239 4,934 1 ,399 13,774 WEST BAY ENTRANCE CHANNEL
CHANNEL WIDTH WILL BE 100 . PREVIOUSLY PERMITTED CHANNEL TO BE DREDGED TO -8; RESTORE OSTERVILLE WATERWAYS
PREVIOUSLY PERMITTED) PERMIT PENDING CHANNEL
NO. 3 7,417 3,49h 4,037 6,876
CHANNEL WIDTH WILL BE 100. AND DEADNECK BEACH NOURISHMENT
3 No. 4 58,654 20 88-7 21 ,366 58, 175 PREVIOUSLY PERMITTED)
c ELEV. 2.8 Hr
No. 5 500** 2,000** 2,500 0 QF- ELEV. 2.5 MHW CHANNEL DREDGING AND
No. 6 63,529 12,47 76,000 0 31155
Cj-
W V7
NO. 7 298 3,921 4,219 0 011Sloxer
BEACH NOURISHMENT PLAN
END CHANNEL
AT -8' CONTOUR. No. 8 4,763 1 ,525 0 6,288
ESTIMATED VOLUME DATE: 10/24/00 CONTRACT No.SHEETGAHAGAN & BRYANT ASSOCIATES, INC. TOTAL 240,754 76,460 124, 136 193,078 SCALE: 1 "=400' No. 1
SE UIT NAN CKE
pR0 OSED PHASE'PROPOSED GRADE
RI ER S ND PROP SEO JHASE I PROFILE
MIN. 4:1 SLOPE APPROX. TOP
TYPICAL BOTH SIDES)APPROX. EX. OF SLOPE EACH GRAS
GROUND SEF OTE 20' Inn 11 7AD
ELEV. a MI v
HE::T No.1)
OF OVERD PTH 1r ISTIN PRO WILE 1 MLw 1
ELEV. -12' MLW
TYPICAL SECTION A—A HT 1
COTUIT BAY CHANNELS
200'
PROPOSED GRADE
YIN, t:t SLOPE APPROX. TOP
80 -60 -40 -20 It 20 40 60 80 100 120 140 160 180 200 220 240 260 280 300 320
TYPICAL BOTH SIDES)APPROX. EX. OF SLOPE '
GROUND SECTION E—E
FLEV. 0 MLW V
F OVEROEPTH DEADNECK BEACH NOURISHMENT
ELEV. -10' MLWELEV. -9' MLW
TYPICAL SECTION B—B
STA. 0+00 TO STA. 15+00
SEPUIT RIVER TO PHASE I AND II
COTUIT SAY CHANNEL
SE UIT NAN CKE. PROPOSE P E III ROFI
PROPOSED GRADE
RI
MIN. t;i SLOPE APPROX. TOP
TYPICAL BOTH SIDES) APPROX. EX. OF SLOPE
BEA H G S
GROUND SE NOTE 2.
ELEV. =1A
LL
SHE No.
1 EXIS NG P OFILE 1OFOVERDEPTHSITFECE-
ELEV. -B' MLW
ELEV. -7' MLW
TYPI SECTION C—C HTL
SEPUIT RIVER TO
COTUIT BAY CHANNEL iALT r H
BO' FT
PROPOSED GRADE
160 -140 -120 -100 -80 -60 -40 -20 20 40 60 80 100 120 140 160 180 200 220 240
MIN. 4:1 SLOP(
TYPICAL BOTHE OSIDES)
GROUND
APPROX. i0P\
APPROX. EX. F SLOPE
ELEV. 0 MLW o
SECTION E—E
V OF OVERDEPTH
ELEV. -12' MLW
ELEV• -11' MLw
DEADNECK BEACH NOURISHMENT
TYPICAL SECTION D—D
STA. 15+00 TO STA. 24+00
WEST BAY CHANNEL
PHASE III
100'
NANTUCKET SOUND COTUIT BAY
PROPOSED GRADE
MIN. 4:1 SLOPE APPROX. TOP
TYPICAL 80TH SIDES) APPROX. EX. OF SLOPE 71
FILL MATERIAL FOR BERM
cRouNo ELEV. +1 1.0 FT
ELEV, 0 MLW v
V OF OVERDEPTH
1 .
ELEV. -9' MLW
ELEV. -B' MLW
5
TYPICAL SECTION G—G
I
6
WEST SAY CHANNEL 1
100'
PROPOSED GRADE S ECTI O N 1-1 ELEV. 0.0 FT
MIN. 4:1 SLOPE
APPROX. EX.
1P ROX. TOP
OF SLOPE EXISTING GROUNDTYPICALBOTHSIDES)
GROUND
ELEV. 0 MLW v LEGEND SAMPSONS ISLAND
1' OF OVERDEPTH
ELEV. -11' MLW
ELEV. -10' MLW EXISTING PROFILE 11ry1y1 tIIN6s;
TYPICAL SECTION H—H PROPOSED PHASE I PROFILE
REV DATE DESCRIPTION BY
NANTucKEr ENTRANCE CHANNEL
FUTURE PROFILE PHASE II AND III F.
a" BARNSTABLE
VARIES (200--100- C' SWL - STILL WATER LEVEL MASSACHUSETTS
Iwo 3 BAYS PRESERVATION
EXISTING GROUND F1 FV 98 HTL NOTE: ALL ELEVATIONS ARE IN FEET
PROPOSED DREDGING TEMPLATE
V MHW AND REFERENCE MLW.'.
ADVANCED
C TYPICAL DREDGING AND
a;....01 Pi 136l e"r ta•
NOTE: IN AREA$ OF HIGH SHOALING,
4,
i ' t DUNE SECTIONSW1LL0BEPERFORMED.
NTENANCE DREDGING
W•.
Jill li1'E011 r
DATE: OCT 2000 CONTRACT No. S BRYANT ASSOCIATES, INC. CALE: NTS No.02
ATTACHMENT E
Impacts to Rare and Endangered Species
0
r
Attachment E• Rare and Endangered SpeciesImpactstoPgP
The proposed project is designed to have a positive impact on rare and
endangered species. The work permitted by the previous Amended Order of
Conditions was intended specifically to restore Dead Neck Island,which is a
documented habitat for piping plovers and certain species of terns. At the time
the original project was proposed, the west end of Dead Neck Island was
severely eroded, and actually was submerged during high tides. As a result of
t the work completed to date, Dead Neck now has a healthy dune system, and
provides valuable wildlife habitat that previously was absent. Issuing a new
Order of Conditions,which is consistent with the previous Amended Order,will
provide for the maintenance of Dead Neck Island and its associated habitat for
rare and endangered species of birds.
The small, new part of the project,which consists of dredging the entrance to
Cotuit Bay and placement of the dredged material on Sampsons Island, also is
intended to improve habitat for rare and endangered species of birds. Based on
the success experienced with the sand replenishment at the west end of Dead
Neck, Three Bays Preservation worked cooperatively with representatives from
the Audubon Society to design a sand replenishment on Sampson's Island that
will benefit the protected birds. The newly deposited sand is expected to
provide additional nesting grounds for the birds during this coming nesting
season.
The primary mitigation measure that is required to ensure the protection of the
rare and endangered species, as well as the habitat enhancement, is a window on
construction work. Specifically, there shall be no work on the beach between
March 15 and October 15, as stipulated under the previous Amended Order of
Conditions.
ATTACHMENT F
Performance Standards and Mitigation Measures
J
tAttachment F: Performance Standards and Mitigation Measures
Land Under the Ocean
The proposed dredging will take place in land under the ocean in West Bay,
Cotuit Bay, and Nantucket Sound (Attachment D). The project is consistent with
310 CMR 10.25, which provides the wetlands regulations governing activities
within land under the ocean resources. The following mitigation measures are
included in the proposal to ensure consistency with land under the ocean
regulations:
The extent of bottom vegetation(e.g., eel grass) has been defined based
on coordination with Town personnel, review of recent aerial photos,
and a limited field verification program. No eel grass beds exist within
the areas to be dredged, and impacts to such resources will be avoided.
Shellfish resources will be protected as described in the discussion of
land containing shellfish below.
The proposed dredging will not reduce the significance of the land
under the ocean with regard to storm damage prevention, flood
control, or protection of wildlife habitat.
Dredging will be conducted outside of the anadromous/catadromous
fish run window of March 15th to June 15th to avoid adverse impacts to
these species. (In fact, no work will be completed between March 15
and October 15 based on fisheries, bird, and recreational interests).
Since-the dredged material is composed of clean, beach-compatible
sediments, there will be no adverse impacts to wildlife or wildlife
habitat associated with the suspension or transport of pollutants,
increases in turbidity, smothering of bottom organisms, accumulation
of pollutants by organisms, or destruction of marine fisheries habitat
or wildlife habitat. Sediment samples have been collected, according
to an approved sampling plan, to verify the high sediment quality.
Coastal Beach
improve the Dead NeckTheproposedprotecthasbeendesignedprimarilytope
coastal beach resource. The dune restoration/beach nourishment will enhance
the ability of the beach to reduce wave energy. The dunes/beach will be
constructed with clean, beach-compatible sediments (consistent with the
performance standard set forth in 310 CMR 10.27(5)), which were verified with
sediment grain size data.
Extensive sediment sampling, coring, and laboratory analyses were completed in
support of the previously permitted project. For the new work proposed in
Cotuit Channel, nine (9) additional sediment samples were collected (see
Attachment D for locations). Grain size analyses performed on these samples
show that all sediments collected from areas proposed for dredging are suitable
for beach nourishment under the standards set forth in 310 CMR 10.27(5).
The gentle slope of the beach will be maintained, and the beach will continue to
change form naturally,in response to dynamic wave conditions. The beach also
will continue to supply sediment to downdrift beaches. Consistent with 310
CMR 10.27(3), there will be.no adverse effect by increasing erosion, decreasing
the volume or changing the form of the nourished beach or adjacent beaches.
Rather, the capabilities of the beach will be improved.
Regarding wildlife habitat, the proposed project will restore the currently
degraded wildlife habitat for birds and other organisms indigenous to coastal
beaches. In accordance with 310 CMR 10.27(7), there will be no adverse impacts
to specified habitat sites of rare vertebrate or invertebrate species. The beaches
and dunes will be restored in accordance with beach slope, scheduling, and other
requirements of the Natural Heritage Program and the Massachusetts Audubon
Society. For instance, no dredging/beach nourishment will occur in the months
of April through August to avoid potential impacts to nesting endangered birds
on Dead Neck Island.
Barrier Beach
Dead Neck Island is a barrier beach resource, containing coastal beach, coastal
dune, and salt marsh coastal resource areas. The storm protection and flood
control capabilities of Dead Neck are significant, and must be maintained to
preserve the Three Bays Estuary, including its marine fisheries and wildlife
habitat. A few years ago, the storm protection capabilities of Dead Neck were
reduced substantially by coastal erosional pressures. The work completed to
date has helped stem the problem. However, continued work is required to
maintain the storm protection capabilities of Dead Neck.
The proposed project is consistent with the performance standards set forth inPPPJ
310 CMR 10.29 for barrier beaches. Consistency with 310 CMR 10.29(3) is
presented in the discussion of coastal beaches (above) and coastal dunes (below).
Regarding 310 CMR 10.29(4), the proposed project will have no adverse impact
to specified habitat sites of rare species, as described in the discussion of coastal
beaches above.
Coastal Dune
One of the primary purposes of the proposed project is to restore the eroded
dunes on Dead Neck Island. The dune restoration project will improve the storm
damage and flood control capabilities of the Dead Neck and Sampson s Island
dunes. The dune restoration has been designed to provide protection against the
average 50-year storm for 2,400 feet of shoreline. The dunes will continue to be
eroded naturally, providing a renourished sand supply to the beaches. The
restored dunes on Dead Neck will be vegetated to maintain the stability of the
dune system, and to encourage conditions favorable to sand deposition (e.g.,
wind/aeolian transport and deposition of sediments). Dry, non-vegetated
beaches fronting the dunes will be widened substantially to provide improved
habitat for the birds indigenous to the island. The proposed sand replenishment
on Sampson's Island will not be planted, as per recommendation from the
Audubon Society. Because the dune system there already is healthy, the
unplanted replenishment is intended to provide additional nesting habitat for
rare and endangered species of birds.
The project is consistent with the performance standards set forth for coastalPJ
dunes in 310 CMR 10.28. In accordance with 310 CMR 10.28(3), there will be no
adverse impacts to the interests presented. In fact these interests will be
improved. The plantings are consistent with 310 CMR 10.28(5)(c). Consistent
with 310 CMR 10.28(6), the project has been designed with a sensitivity to the
rare species, as described in the discussion of coastal beaches above.
Land Containing Shellfish
The extent of land containingshellfish was identified through close coordinationg
with the Town Shellfish Constable, the Department of Marine Fisheries(DMF) ,
and a field verification program. Shellfish surveys were conducted for the
previously permitted portions of the project. New surveys conducted in
cooperation with the Town Shellfish Constable were also conducted to evaluate
the newly proposed work on Sampson s Island (See Attachment J). In this
evaluation some shellfish were found approximately 50 feet offshore of
Sampson's Island. For this reason we are proposing beach replenishment upland
of the coastal bank where no shellfish exist. In addition all dredging and beach
replenishment work will be carried out during the winter months when
dormancy will minimize affects on any nearby shellfish populations.
Although no dredging or beach replenishment is proposed in areas that contain
significant shellfish resources, appropriate steps will be taken (e.g., seeding) to
preserve any areas where shellfish populations are found to be significant in
accordance with 310 CMR 10.34(5). If necessary, the shellfish restoration or
seeding program will be developed in cooperation with the Shellfish Constable
and DMF.
Buffer Zone of Salt Marsh
Dead Neck Island contains sporadic salt marsh areas, particular on the backside
of the barrier island. The extent of salt marsh resources on Dead neck are
mapped on the plan in Appendix E. These salt marsh areas are significant
according to the interests presented in 310 CMR 10.32. Because salt marsh
resources are important, the proposed project has been designed in accordance
with 310 CMR 10.32(3), and shall not destroy any portion of the marsh, nor have
an adverse effect on the productivity of the marsh. No dune restoration/beach
nourishment sediments will be placed within an existing salt marsh area.
Additionally, material placed within 100 feet of a salt marsh will be graded to a
stable slope, so as not to cover any portion of the nearby marsh resource.
Consistent with 310 CMR 10.32(6), the proposed project will not have an adverse
impact on specified habitat sites of rare species, as explained in coastal beaches
above.
r
ATTACHMENT G
Wetland Fee Transmittal Form
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands
WPA Appendix B - Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Please type or
print clearly all Instructions
information
1. To calculate filing fees,refer to the category fee lists and 2. To the conservation commission:Send the Notice of Intent,
requested on this
examples in Section D of this form.Complete pages 1 and Abbreviated Notice of Intent,or Abbreviated Notice ofform.
2 of this form and send these pages and a check or money Resource Area Delineation;a copy of pages 1 and 2 of this
order for the state share of the fee,payable to the Com- form;and the city/town fee payment.
monwealth of Massachusetts,to:
3. To DEP regional office(see Appendix A for addresses):
Dept.of Environmental Protection Send the Notice of Intent,Abbreviated Notice of Intent,or
Box 4062 Abbreviated Notice of Resource Area Delineation;a copy of
Boston,MA 02211 pages 1 and 2 of this form;and a copyof the state fee
payment.
c ApplicantlProperty Owner Information
1. Applicant: 2. Property Owner:
Three Bays Preservation, Inc. Paul Mellon C/O Massachusetts Audubon Society
Nang Nacre
P.O.Box 215 208 South Great Road
Maifing,4tti-m M.airing Address
Osterville Lincoln
ciryo7mw Cit;i!bwr;
MA 02655 MA 01773
s te Zip Code Srate Zip code
781)259-9500
rhore Number Phone Jbmber
1 3. Project Location:
Dead Neck Island/Cotuit Bay
SreeL'r:tN!imbrr
Barnstable
OVA—
Fees
Note:See Abbreviated Notice of Resource Area Delineation:
examples of how
to calculate The fee is calculated as follows(check applicable project.type):
wetland filing fees
in Section D. single family house project
x$1.00=
feet of BVW) Total fee(not to exceed$100)
all other projects
x$1.00=
feet of BVW) Total fee(not to exceed$1.000)
State share of filing fee: City/Town share of filing fee: $512.50
112 of total fee minus$12.50) 112 of total fee plus$12,50)
Rev.10/98 Page 1 of 4
I
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands
WPA Appendix B - Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 731, §40
0 Fees (cont.)
Note:See Abbreviated Notice of Intent or Notice of Intent:
examples of how
to calculate The fee should be calculated using the following six-step process and worksheet:
wetland filing fees
in Section D.Step 1/Type of Activity:Describe each type of activity(see Section D for a list of activities)which will occur in a wetland resource
area and buffer zone.
Step 21Number of Activities:Identify the number of each type of activity.
Step 3/individual Activity Fee:Identify the fee associated with each type of activity using the six categories of projects and fees
listed in Section D of this form.
Step 4/Subtotal Activity Fee:Multiply the number of activities(identified in Step 2)times the fee per category(identified in
Step 3)to reach a subtotal fee amount.Note:If any of these activities are in a riverfront area in addition to another resource
area or the buffer.zone,the fee per activity should be multiplied by 1.5 and then added to the subtotal amount.
Step 5/Total Project Fee:Determine the total fee for the project by adding the subtotal amounts identified in Step 4.
tStep 6/Fee Payments:To calculate the state share of the fee,divide the total fee in half and subtract$12.50.To calculate the
city/town share of the fee,divide the total fee in half and add$12.50.
i
Step 1lType of Activity Step 2lNumber Step 3/Individual Step 4/Subtotal
of Activities Activity Fee Activity Fee
Beach Nourishment 1 250.00 250.00
Dredging 1 725.00 725.00
Step 5/Total Project Fee: $
1,000.00
Step 6/Fee Payments:
Total Project Fee:
1,000.00
Total fee from Step 5)
State share of filing fee: $
487.50
City/Town share of filing fee: $
512.50
112 of total fee minus$12.50) 1/2 of total fee plus$12.50)
Rev.10/98 Page 2 of 4
1.
ATTACHMENT H
Abutter Notification
1
NOTIFICATION TO ABUTTERS UNDER THE
MASSACHUSETTS WETLANDS PROTECTION ACT
TOWN OF BARNSTABLE ORDINANCES,ARTICLE XXVII
RE: Conservation Commission Filing
TO WHOM IT MAY CONCERN:
As a person listed as an abutter or owning property within 300 feet of the above
mentioned property, please be advised that a Notice of Intent has been filed at the Barnstable
Conservation Commission regarding the above referenced location which is subject to protection
under the Massachusetts Wetlands Protection Act and the Ordinances of the Town of Barnstable.
Additional detail is as follows:
APPLICANT: Three Bays Preservation, Inc.
PROPERTY LOCATION: Dead Neck Barrier Island
Town of Barnstable
ASSESSORS MAPS: Map #33 Parcels 2, 3-1, 16, 18, 19-1, 19-2, 20,
21, 25, 26, 29, 30, 31, 32, 37, 42,43, and 41
Map#34 Parcels 45,45-1, 66, and 67
Map#50 Parcels 1 and 2
Map#51 Parcels 1, 2,4-1, 4-2, 4-3, 5, 6, 7-1, 7-2,
7-3, 8, 9, 10, 11, 12, 13, 14, 15, and 16
Map#70 Parcels 9-1, 9-2, 9-3, 9-4, and 9-5
Map#90 Parcels 1, 8, 9-1, 9-2, and 17
Map#91 Parcels 1, 2, 3, 14, and 15
PROJECT DESCRIPTION: The proposed project calls for the reconstruction
of the dunes on Dead Neck Barrier Island. Clean,
beach-compatible sediments for Dead Neck
Beach renourishment will be obtained from
shoals in West Bay, Cotuit Bay, and Nantucket
Sound. In addition to improving the natural
resources and storm protection of Dead Neck
Beach,the project will improve water circulation
and navigation in the Three Bays system.
AGENT: Woods Hole Group, Inc.
Attn: Robert P. Hamilton, Jr.,M.C.E.
81 Technology Park Drive
E. Falmouth, MA 02536
Attachment H
ENGINEER: Gahagan & Bryant Associates, Inc.
9008 Yellow Brick Road,Unit 0
Baltimore,MD 21237
PUBLIC HEARING: Barnstable Town Offices
Date: November 14, 2000
Time: 6:30 PM
describing the proposed activity are on file with the BarnstablePlansandapplicationgppye
Conservation Commission and in the offices of Woods Hole Group, Inc. and may be examined at
those locations between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday. If you
have questions or desire to comment for the record, do not hesitate to contact Bob Hamilton or
Jon Woodruff at (508) 540-8080 or the Barnstable Conservation Commission at(508) 790-6245.
NOTE: Notice of the public hearing, including its date, time, and place will be published at least
five (5) days in advance in the Barnstable Patriot Newspaper.
Notice of the public hearing, including its date, time, and place will be posted in the
Town Hall at least forty-eight (48) hours in advance.
You may also contact your local Conservation Commission or the nearest Department of
Environmental Protection Regional (DEP) Office for more information about this
application or the Wetlands Protection Act. To contact DEP Southeast Region office,
call (508) 946-2800.
Attachment H
LIST OF ABUTTERS
Locus—Assessors Map Parcel
Name and Address Map No. Parcel No.
u SocietyMassachusettsAudubonSoety 50 1
South Great Road
Lincoln, MA 01773
Joan Wiss Corby 51 1
4201 Connecticut Ave NW#600
Washington, DC 20008
Yasmine Realty Limited 51 2
C/O Loeb, Block, Wacksman& Selzer
505 Park Avenue Ste 900
New York,NY 10022
Frank& Maureen Wilkens 51 4-1,.4-3
Box 2080
Osterville, MA 02655
Steven& Carmella Kletjian 51 4-2
C/O Unicco Service Co.
4 Copley Place
Boston, MA 02116
David& Susan Kelly 51 5
C/O Pirates Cove Trusts 1 & 2
604 Poplar Court
Pittsburgh, PA 15238
Zenas Crocker VII 51 6
125 Woodlawn Avenue
Wellesley Hills, MA 02181
Williams Management Co. 51 7-1, 7-2, 7-3
C/O Mary R Ballinger
1203 Long Cabin Lane
St. Louis, MO 63124
Barbara Cleary 51 8
2 Commonwealth Avenue
Boston,MA 02116
1
LIST OF ABUTTERS (cont.)
Locus—Assessors Map Parcel
Name and Address Map No. Parcel No.
Oyster Harbors Club, Inc. 51 9
1 Grand Island Road
Oyster Harbors,MA 02655
David Hogan 51 10, 11
C/O Patricia Baker
4440 PGA Blvd Ste 402
Palm Beach Garden,FL 33410
Alan McDonough 51 12
147 Glen Road
Wellesley, MA 02181
Tia Moir&N Norcross Tr 51 13
C/O M. Fernandes& M. Collins
1336 Massachusetts Avenue
Cambridge,MA 02138
Thomas J. & Peter T. White 51 14, 15
C/O Stoll, Roger& Kathleen
47 Sunset Point
Osterville, MA 02655
Susan Crocker 51 16
P.O. Box 2065
Oyster Harbors, MA 02655
Paul Mellon 70 9-2, 9-3, 9-4, 9-5, 9-6
C/O Rachel Mellon 91 15
8554 Oak Spring Road
Upperville, VA 20184
James P. Mills Jr. 90 1
P.O. Box 1261
Middleburg, VA 22117
Ruth Plimpton 90 8
4600 Palisade avenue
Riverdale,NY 10471
G
2
LIST OF ABUTTERS (coat.)
Locus—Assessors Map Parcel
Name and Address Map No. Parcel No.
Robert Goodof 90 9
Eaton Vance Management Inc.
989 Sea View Avenue
Osterville, MA 02655
John J. Cook Jr. 90 9-2
C/O Joette Cook
96 Abbott Road
Wellesley, MA 02181
Frank Ward 90 17
27 Elm Street
Canton, MA 02021
Indian Point, Inc. 91 1, 14
3120 Kennett Pike
Wilmington, DE 19807
C. William Carey 91 2
C/O Carey Associates, Inc.
150 Federal Street 12t' Floor
Boston, MA 02110
Sheila Largay 91 3 .
Terrell Road
Woodbury, CT 06798
Kathleen Christie 33 2,20
C/O Alan&Kathleen Christie
15 Stewart PI Apt#4E
White Plains,NY 10603
Daniel B. Ciotti 33 3, 19-1
Peter Gens
C/O Brown, Rudnick& Freed
One Financial Center
Boston, MA 02111
3
LIST OF ABUTTERS coot.
Locus—Assessors Map Parcel
Name and Address Map No. Parcel No.
Kathleen Crawford 34 45
5000 Standbury Drive
Solon, OH 44139
Woods Hole Oceanographic Institution 34 45-1
Challenge Drive
Woods Hole, MA 02543
Pemberton Whitcomb 33 16
C/O Leventhal
2 Oliver Street
Boston, MA 02109
Helen Carley 33 18
P.O. Box 43
Harvard, MA 01451
John Conathan III Tr 33 19-2
Dee Realty Trust
9 Parker Road
Osterville, MA 02655
Town of Barnstable 33 21
367 Main Street
Hyannis,MA 02601
Elva O'Brien 33 25
205 Ocean View Avenue
Cotuit, MA 02635
Patricia Miller 33 26
P.O. Box 1022
Cotuit, MA 02635
Dennis & Susan Ausiello 33 29
38 Bradford Road
Wellesley, MA -02181
4
LIST OF ABUTTERS (coot.)
Locus—Assessors Map Parcel
Name and Address Map No. Parcel No.
Steven Hirsch 33 30, 31
7 Tip Top Road
Swampscott,MA 01907
Michael Belanger 33 32
100 Cross Street
Cotuit, MA 02635
Florence M. Carriuolo Trs 33 41
C/O Daniel Flynn Trs
8 Northeast Road
Farmington, CT 06032
Thayer Swartwood 33 42
19 Centre Street
Cambridge, MA 02139
Alexander Swartwood 33 43
19 Centre Street Unit 1
Cambridge, MA 02139
Mary Malone Sullivan 34 66
Box 646
Cotuit, MA 02635
Brian Bixby, Trustee 34 67
C/O William& Mary Sullivan
202 Orange Tree Drive
Lake Worth, FL 33462
Charles Swartwood 33 37
t19 Centre Street Unit 1
Cambridge, MA 02139
i
5
ATTACHMENT
Expired Amended Order of Conditions
1 I
1
1
1
1
1
1
1
1
1
1 - DOC:721.,092 03-27-98 .10:37
s10 cfulR joss BARNSTABLE LAND COURT REGISTRY
Form 5 DEOE Fie SE3-3228
0 TN[t0`
To be prov,Ced by DEdEi
Barnstable
omCmonwealth
City.Town
t Three Bay Preservation Inc.
of Massachusetts surrr Applicant
r+ua
679•
Olt
ra::.
AHMED
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
TOWN OF BARNSTABLE ORDINANCES, ARTICLE XXVII
From Barnstable Conservation C mm'
Three Bays Preservation .Inc. Pual Mellon
To y
y
Name of Applicant)Name of property owner)
Rokeby Farm
Address
Address Upperville,. Virginia 22176
2
Map Number 50 Parcel Number c
This Order is issued and delivered as follows:
I
date)
D by hand delivery to applicant or representative on
U
2/13/98 date)
by certified mail. return receipt requested on
This project is located at Deadneck Barrier Beach/West Bay/Cotuit Bay/Nantucket Sound
The property is recorded at the Registry of Deeds in Barnstable
Book Page
Certificate(if registered)109140 Land Court Plan 15354-A Sheet
The Notice of Intent for this project was filed on May 28, 1997 date)
The public hearing was cl osed July 8, 1997 date)
Findings
The Barnstable Conservation Commissionon has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
Commission at this time.the Commission has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act(check as appropriate):
Public water supply K3 Flood control Land containing shellfish
Private water supply Storm damage prevention Fisheries
Ground water supply Prevention of pollution Protection of wildlife habitat
Total Filing Fee Submitted $975.00 State Share $
475.00
Cityfrown Share 500.00 r/.-fee in excess of S25)
Total Refund Due S City/Town Portion S State Portion S
ARTICLE 27 Only: z total) ft total)
Public Trust Rights Agriculture Erosion Control
Aquaculture M Recreational
Historic Aesthetic
Effective 11/10/89
5.1
Therefore, the Barnstable Conservation Comm3,seioa hereby finds that the
following conditions are necessary, in accordance With the Performance
rmestandardssetforthintheregulations, to protect these interests
in
checked above. The commission orders that all work shall be p erfo
accordance with said conditions and with the Notice of =ntenn dreeferencced
above. To the extent that the following conditions modify o
from
the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
General Conditions:
1. Failure to comply with all conditions stated herein,be deemed
related statutes and other regulatory
cause to revoke or modify this order..
or any exclusive
y. This order does not grant any property rights
to private property
privileges; it does not authorize any injury
or invasion of private rights.
3. This order does not relieve the permittee or any other Person of
the necessity of complying with all other applicable federal,
state or local statutes, ordinances, by laws or
4. The. work authorized hereunder shall be completed within three
years from the data of this order unless either of the following
apply:
a) The work is a maintenance dredging project as provided for
in the Act; or
b) The time for completion has been extended to a specifiedrom
date more than three years, but less than five years,
the date of issuance and both that data and the specialcircumstanceswarrantingtheextendedtimeperiodareset-
forth in this order.
5. This order may be extended by the issuing authority for one ormoreperiodsofuptothreeyearseachuponapplicationtotheissuingauthorityatleast30dayspriortotheexpirationdate of
the order.
ro ect-shall be clean fill,
6. Any fill used in-connection with this debris, including but not
containing no trash, refuse, rub
a
limited to lumber, bricks, plaster, wirer lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles or parts of any
of the foregoing.
7. No work shall be undertaken until all administrative appealpealhas
periods from this order have elapsed or, if such as aPP
P at have been
been filed, until all proceedings before the Department
completed.
8. No work shall be undertaken until the Pe&a derfobeen
recorded in the Registry of Deeds or
of title
district in Which the land is located, within the chain
Zn the casa of recorded land. the Final
of the affected property- index under
order shall also be noted in the Registry's grantor
proposed work isthenameoftheownerofthelanduponwhichtheprop
to be done. The recording information shall be submitted to the.commission on the form at the end of this order prior to
co=encement of the work.
9. A sign shall be displayed at the site not less than two word
e
feet or more than three square feet in size bearing t
Massachusetts Department of Environmental Protection, File Number
SE3-3228
lo. where the Department of Environmental Protection is requested to
make a determination and to issue a superseding
l agency proceedingsconservationcommission` shall be a•.party
and hearings before the Departmen t.
11. upon completion of the work described herein,theofapplicant shall
forthwith request in writing that a certificate
e be
issued stating that the work has been satisfactorily completed.
12. The work sh all conform to the following plans and special
conditions.
SE3-3228—Three Bay Preservation
Approved plans=Nov.20, 1997 Dredging and Nourishment Plans by Richard Thomas PE and Nov. 1,
1997 Channel and Beach Cross Section Plan(Sheet 2) by same and Feb. 12, 1998 Seaview
Avenue Unloading Area Plan(sheet 2 of 2)by Same.
Special Conditions of Approval:
1.General Conditions 1-12 on the preceding page are binding,and demand both your attention and
compliance.
2.Within one month of receipt of this Order of Conditions and prior to the commencement of any
work approved herein,General Condition number 8 (preceding page)shall be complied with.
3.The applicant shall pay for their legal advertisement as invoiced.
4.This permit is valid for 3 years from the date of issuance, unless extended at the request of the
applicant.
5.The applicant shall provide project contractors with copies of the Order of Conditions and
approved_plans prior to the start of their work.
6.The Natural Resources Dept.shall be notified at least 21 working days prior to the start of work at
the site,to inspect the areas for shellfish. If deemed necessary by the Shellfish Constable,
shellfish shall be removed from the work area to a suitable site and/or replanted at the locus
following construction. The foregoing measures for shellfish protection shall ensue at the expense
of the applicant.
7.No work on the project shall take place between April 1 and October 15.
S.Sand for nourishment shall be clean and compatible. No silt or clay chunks shall be placed upon
the barrier beach.
9.Saltmarsh shall not be disturbed during the project. The slope of the constructed dune shall
gently feather out,on the Seapuit River side with its end point no closer then 3' off the marsh
edge prior to any work near the marsh.
10. The slurry pipe shall not be placed in the saltmarsh,nor shall any heavy equipment be operated in
the marsh. Foot traverse through the marsh shall be avoided.
11. This Order,anticipatingwhileanticiatin Phases 2 and 3 of the project,in future years only approves Phase 1
for start-up. Prior to the start of work for Phases 2(and 3),provided the Order of Conditions is
still valid,plan amendments and work protocols shall be submitted,and a legally-noticed
discussion with the Commission shall ensue. The Commission must have approved all
amendments and protocols prior to the start of work.
12. A post-dredging bathymetric survey shall be performed by the project engineer and results
submitted to the Conservation Commission for compliance review purposes.
13. It is the responsibility of the applicant, owner and/or successor(s)to ensure that all conditions of
this Order are complied with. The project engineer and contractors are to be provided with a copy
of this Order and referenced documents before the commencement of construction. The foregoing
condition shall not be construed to exempt project contractors from responsibility for any work
performed in deviation with provisions of the Order of Conditions or with the detail of the plans
of record.
14. The Conservation Commission,its employees,and its agents shall have a right of entry to inspect
for compliance with the provisions of this Order of Conditions.
15. At the completion of work,or by the expiration of the present permit,the applicant shall request in
writing a Certificate of Compliance for the work herein permitted. Where a project has been
completed in accordance with plans stamped by a registered professional engineer, architect,
landscape architect or land surveyor, a written statement by such a professional person certifying
substantial compliance with the plans and setting forth what deviation, if any, exists with the
record plans approved in the Order shall accompany the request for a Certificate of Compliance.
16. This Amended Order shall expire Sept. 10,2000.
17. The Seaview Avenue unloading area shall be fully restored at the conclusion of work with all
sheeting removed and the substrate returned to original grade and productivity.
is. Prior authorization for use of Town property at the end of Seaview Avenue shall be obtained prior
to the start of work there. Any revetment damage that may occur in the course of work there
shall be the responsibility of the applicant.
19. No rocks,sandbags,geotubes or other structural armorment are herein permitted for use on Dead
Neck.
y
Issued By BARNSTABLE Conservation Commission
Signature(s)
This Order must be signed by a majority of the Conservation Commission.gn
f February 19 98 before me
r ° this 13th day o
AUDREY A. OLMSTEAD to.me known to be the
rson ,y appeared
j6cribed in and who executed the foregoing instrument and acknowledged that he/she executed the same
y
erson.P
free act and deed.s;F4* '-"- '' • '
s' )gip
4C. '
public My commission expires
votar}t
The applicant,the owner,any person aggrieved by this Order.any owner of land abutting the land upon which the proposedworkisiobedoneoranytenresidentsofthecityortowninwhichsuchlandislocatedareherebynotifiedoftheirrighttorequesttheDepartmentofEnvironmentalQualityEngineeringtoissueaSupersedingOrder, providing the request ismadebycertifiedmailorhanddeliverytotheDepartmentwithintendaysfromthedateofissuanceofthisOrder.A copyoftherequestshallatthesametimebesentbycertifiedmailorhanddeliverytotheConservationCommissionandtheapplicant.
LE REGISTRY OF DEEMBpRNSTA6
EARNSaTABLE COUNTYREQI9TRYQP0El?0$
A TRUE CORM;ATTEST
SL Nt"4.',
JOHN F.MEAOE,REGISTER
t
j
1
i
11
ATTACHMENT )
Shellfish
Woods Hole Croup
Marine Environmental Solutions
TM
81 Technology Park Drive
E. Falmouth, MA 02536 • USA
August 31,2OOO
Phone: 508-540-8080
Fax: 508-540-1001
e-mail: WHGroup@whgrp.com
www.whgrp.com
Barnstable Conservation Commission
367 Main Street
Hyannis,MA 02601
RE: Shellfish survey report for Sampson's Island Cotuit Bay for berm design project for Gahagan&
Bryant Associates
Background:
This shellfish survey was conducted on August 21, 2000 by the team of Mr. Tom Marcotti, Shellfish
Constable for the Town of Barnstable, George Hampson, Science Biologist with the Woods Hole.Group
of Falmouth,and Lindsey Counsell,Director of the Three Bays Preservation.
As required by the Town of Barnstable Conservation Commission a shellfish survey must be completed
as part of any dredging proposal or deposition of any sediments within subtidal, intertidal, or subtidal
waters of Barnstable.
Methods:
The.area studied began 500 feet easterly of the western point of Sampson's Island and ran to the east 850
ft. Several sample transects (11) were established running northerly and perpendicular to the beach.
Spacing between transects was either 50 ft or sometimes extended to 100 ft. The extra spacing was
justified where bottom habitat appeared more consistent and closer sampling was not needed. Sample
lines ran shoreward from the defined edge of the dune bank to the subtidal. These transects are also found
in Table 1. :aoie 1 aiso gives the bivalves collected and the sizes and the method used to collect them.
Two methods of collecting were used. Sampling a one square yard where all the bivalves were raked to a
depth of at least 12" and the clams picked out and measured. The other method was to excavate a
12"xl2"xl2" and sieve it through a 5 mm screen. This latter method captured the smaller individuals.
Using the two methods all the sizes were sampled.
Results:
Only a moderate shellfish concentration exists between station #3 and station #7. However to protect
these marginal resources, any sand deposition should be carried either east of station#7 or placed above
the dune bank because the shellfish concentrations are drastically reduced within these areas.
Sincerely,
George Hampson
Table 1. Shellfish inspection of extension of West end Sampson's,Island. Sampling begins at 500 ft. from west
point.
Distance Sample
Station# from Bank Shellfish# Species Area Grain Size Collector
Well sorted/med.
Sta. #1 -0 ft. 40 ft. 0 12"sq.sand Hampson
25 ft. 0 12"sq. Hampson
Fine sand/well
Sta. #2-50 ft. 50 ft. few/juvenile quahogs 12"sq.sorted Hampson
0 Marcotti
Sta.#3- 100 ft. 55 ft. 14 quahogs 1 yd.Sq. Various sizes Marcotti
3 juveniles, 1 adult
Sta. #4- 150 ft. 57 ft.4 quahogs 12"sq.sand &gravel Hampson
2 quahogs 12"sq.1 juvenile, 1 adult Hampson
15 quahogs 1 yd. Sq. 111-2 1/2" Marcotti
Sta. #5-250 ft. 58 ft. 2 quahogs 12"sq.Juvenile Hampson
0 quahogs 12"sq.Juvenile Hampson
1 quahogs 12" sq.Juvenile Hampson
20 quahogs 1 yd. Sq. Marcotti
Sta. #6-350 ft. 50 ft. 0 12"sq. Hampson
0 Hampson
0 Hampson
0 1 yd. Sq. Marcotti
2 juveniles
medium coarse
Sta.#7-450 ft. 60 ft. 2 quahogs 12"sq.sand Hampson
2 juveniles
medium coarse
1 quahogs 12"sq.sand Hampson
2 juveniles
Medium coarse
0 quahogs 12"sq.sand Hampson
2 juveniles
medium coarse
0 quahogs 12"sq.sand Hampson
2 quahogs 11 yd. Sq. <1" Marcotti
1
Table 1. Shellfish inspection of extension of West end Sampson's Island. Sampling begins at 500 ft. from west
point.
Distance Sample
Station# from Bank Shellfish# Species Area Grain Size Collector
Medium sand/well
Sta.#8 56 ft. 0 12" sq.sorted Hampson
Medium sand/well
0 sorted Hampson
Medium sand/well
0 sorted Hampson
0 1 yd. Sq. Marcotti
Medium sand/well
Sta.#9-675 ft. 60 ft.+ 0 12"sq.sorted Hampson
Medium sand/well
0 sorted Hampson
Medium sand/well
1 quahogs sorted Hampson
0 1 yd. Sq. Marcotti
Fine sand/well
Sta.#10-750 ft. 60 ft. +2-1 cm. quahogs 12"sq.sorted Hampson
Fine sand/well
0 sorted Hampson
Fine sand/well
0 sorted Hampson
0 1 yd. Sq. Marcotti
Fine/med.
Sta.#11-850 ft. 60 ft. 0 12"sq.sand/well sorted Hampson
Fine/med.
0 sand/well sorted Hampson
Fine/med.
0 sand/well sorted Hampson
01 11 yd. Sq. Marcotti
I
2
ATTACHMENT K
Massachusetts Audubon Society Letter
FROM.- MASS AUDUBOH SOCIETY FOX MO. : 781 259 8899 08-17-00 12:42 P.02
i
Massachusetts Audubon Society
208 South Great Road
Lincoln, Massachusetts 0177-7
781) 259-9500
t 17Augur , 2000
Adam Kornick
Woods Hole Group
81 Technology Park Drive
E. Falmouth,MA 02536
Dear Mr. Kornick,
and dredgedWehavereviewedtheproposedchanneldredgingged material disposal p
proposed by Three Bays Preservation, Inc. We have no objection to the placement of
dredged materials onto the adjoining property of the Massachusetts Audubon Society. We
expect this beach nourishment activity will be of potentially significant benefit to us by
enhancing habitat for nesting coastal waterbirds. Scott Hecker. Director of Bird
Conservation Programs noted on a ma for you where the sand trust be placed betweenP
This work must be completedtheisland. Th . P letedthetwohightidelinesonthewesternendof
prior to April 1 or after September 10 of any given year so as not to disturb nesting terns
or plovers.The Society's agreement to use its land for the disposal of dredged matcrill is
contingent upon our review and approval by Mr. Hecker of the final design specifications
of this project. Moreover, as a further condition of our approval, the Three Bays
Preservation.Inc. agrees to indemnify and hold Massachusetts Audubon Society harmless
for any damage to property and injury or death to persons resulting from this dredging
and dredged material disposal project.
We look forward to working with you on this endeavor.
Sincerely,
1I]LA&1
Biancroft . oor
Vice President for Operations
cc: Scott Hecker
ATTACHMENT L
Proof of Mailing
Natural Heritage & Endangered Species Program
COMPLETE
Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
C. Signature
Attach this card to the back of the mailpiece,X
Agent
or on the front if space permits.
Addressee
D. Is delivery address different from item 1? Yes
1. Article Addressed to: If YES,enter delivery address below. No
NATURAL HERITAGE & ENDANGERED
SPECIES PROGRAM
DIVISION OF FISHERIES
AND WILDLIFE
ROUTE 135, NORTH DRIVE
3. Se Ice Type
WESTBOROUGH MA 015.81 C3 Certified Mail Og ress Mail
Registered ldReturn Receipt for Merchandise
E3 Insured Mail C.O.D.
99-160 4. Restricted Delivery?(Extra Fee) Yes
2. Article Number(Copy from service label)
7099 3220 0010 4446 0467
PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-17e9
Postal
DomesticCERTIFIED MAIL RECEIPT
Only: . Insurance CoverageProvided)
Article Sent To:
tti _
n
C3 0
A -0 Postage $
Certified Fee K
Postmark
Return Receipt Fee Here
e C3 O (Endorsement Required)
3
r-9
Restricted Delivery Fee
O C3 (Endorsement Required)
C3 C3
Total Postage d Fees
rururru Name(Please Print clearly)(To be completed by mailer)
m m NATURAL HERITAGE &ENDANGERED
it a- StSF'E ri'N5
Ir Ir
a c clMTE 155 NORTH DRIVE
t
I '
i
r
COMMONWEALTH OF MASSACHUSETTS
R EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
Z
d
DEPARTMENT OF ENVIRONMENTAL PROTECTION
SOUTHEAST REGIONAL OFFICE
ARGEO PAUL CELLUCCI NOV BOB DURAND
Governor 3 2000 Secretary
JANE SWIFT LAUREN A.LISS
Lieutenant Governor BARNSTABLE CONSERW
Commissioner
DATE: Municipality: BARNSTABLE
RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER
The Department of Environmental Protection has received a Notice of Intent
filed in accordance with the Wetlands Protection Act . (M.G.L. c.131, §40) :
Applicant.: Three Bays Preservation, Inc.
Project Location: Dead Neck Barrier Beach on Three Bays Estuary
Please submit the below additional required information and include your
assigned file number on all correspondence.
Stormwater management form
Comments:
This project has been assigned the following file #: SE 3-3743
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL,
NOT APPROVAL OF APPLICATION
For more information please contact: Angela DaCosta at (508) 946-2745
X) PLEASE SEE OTHER SIDE FOR POTENTIAL ADDITIONAL APPLICABLE REQUIREMENTS
CC: Conservation Commission
Board of Health
X) U.S. Army Corps of Engineers
X) Mass. Division of Marine Fisheries
X) DWW - Boston - ATTN: Yvonne Unger - 317, 926 C.Y. DREDGE
U.S.E.P.A. - Region 1
Mass. Natural Heritage & Endangered Species Program
DEP - SERO - BRP - ATTN:
20 Riverside Drive• Lakeville,-MA 02347 .• FAX (508) 947-6557 Telephone (508) 946-2700
This information is available-in alternate format by-calling-our ADA .Coordinator at
617) 574-6872.
DEP on the World Wide Web: http:/AwAw.mapnet.state.ma.us/dep
i a Printed on Recycled Paper
IF,CHECKED, THE FOLLOWING ITEMS) APPLY TO THIS NOTICE OF INTENT:
X Other Regulatory Jurisdiction
X) Please send copy of Notice of Intent and Plans to Massachusetts
Division of Marine Fisheries, ATTN: Environmental Reviewer at 50A
Portside Drive, Pocasset, MA 02559 or if Nantucket or Martha's Vineyard
to MDMF, ATTN: Greg Skomal at P.O. Box 68, Vineyard Haven, MA 02568.
X) Chapter 91 license may be required. Please complete enclosed
application and submit to this office or provide information why license
is not required.
Applicant is advised to contact U.S. Environmental Protection Agency
at (617) 565-3909 regarding need for Stormwater permit.
X 401 Water Quality Certification (314 CMR 9.00) may be required. Provided
that the project meets certain conditions, summarized below from 314 CMR
9.03 and 9.04, and the conditions under the Corps of Engineers
Programmatic General Permit for Massachusetts (PGP) , the project
qualifies for 401 Certification as certified under the PGP. Information
and a copy of the PGP can be obtained from the Corps of Engineers at
1-800-362-4367.
See below for further details:
Based upon the information submitted in and with your Notice of
Intent a separate 401 Water Quality Certification application form is not
required. Provided that:
a) activities are conducted in compliance with MGL c.131, §40 (the
Wetlands Protection Act) and the Final Order of Conditions permitting the
activities does not result in the loss of more than 5,000 square feet
cumulatively of bordering and isolated vegetated wetlands and Land Under
Water and/or the dredging of more than 100 cubic yards of Land Under
Water;
b) the Final Order of Conditions requires at least 1:1 replacement of
Bordering Vegetated Wetlands pursuant to 310 CMR 10.55 (4) (b) ;
c) The project is not listed in 314 CMR 9.04 (1) through (11) including:
discharge of dredged or fill material to any Outstanding Resource Water;
any part of a subdivision unless deed restricted, so long as the discharge
is not to an Outstanding Resource Water see 314 CMR 9.04 (3) ; activities
exempt from MGL c.131, §40 (except for normal maintenance and improvement
of land in agricultural or aquacultural use) ; discharge of dredged or fill
material to an isolated vegetated wetland identified as rare and
endangered species habitat; loss of any salt marsh; activities subject to
an individual 404 permit.
If impacts to resource areas or project size increases beyond that
described in the Notice of Intent or there are discrepancies therein, you
must notify the Department and request a determination that the criteria
of 314 CMR 9. 03 have been met before the activity may begin.
Before the activity described in the Notice of Intent can commence,
you must obtain a Water Quality Certification from this Regional Office.
Please complete the enclosed 401 Water Quality Certification application
form and file it with this Regional Office for review.
X) Your project involves dredging of greater than 100 cubic yards of Land
Under Water. Please complete the enclosed 401 Water Quality Certification
application form and submit to the Department of Environmental Protection,
Waterways Regulation Program, One Winter Street, Boston, MA 02108. Call
the Waterways Regulation Program at 617-292-5695 with any questions.
Applicant is advised to forward a copy of the Water Quality
Certification Application to the Corps of Engineers for review.
call 1-800-362-4367 for information) .
Home Office Environmental Laboratories West Coast Office
81 Technology Park Drive 375 Paramount Drive, Suite B 1167 Oddstad Drive
East Falmouth,MA 02536 Raynham, MA 02767 Redwood City,CA 94063
Phone: 508-540-8080 Phone: 508-822-9300 Phone: 650-298-0520 mTle
Fax: 508-540-1001 Fax: 508-822-3288 Fax: 650-298-0523 wuf'Email: WHGroup@whgrp.com Email: whale@ultranet.com Email: wco@whgrp.com
t.
1
367 Main Street
Hyannis Massachusetts 02601
D
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iv ti
GF.we Po.
OCTy 2 7 ju-j
BARNSTABLE, .
I]
MASS. C
oG
T=
639
A~ BARNSTABLE CONSERVATIONfinrnn
Office: 5OS-S62-4093
FAX: 508-790-6230
Regulation Governing Minimum Submission
Requirements for a Notice of ktent Application
The Barnstable Conservation Commission has adopted the following requirements in o;-der to obtain more
consistently complete submission documents necessary for a thorough and efficient review of all Notice of
Intent(NO1)applications. Failure to complete any of the items in this checklist may result in your
application being denied.
Applicant or applicant's agent should check each box denoting that the task has been completed or in
certain instances, like field staking, denoting that the task will be completed. This checklist shall be
submitted to the Barnstable Conservation Division wiri the NO1 application:
1.Abutter Notification (See Abutter Notification Regulation)
a.Contact the Conservation Division office(508) 862-4093 regarding the docketing
process.
v b.Provide a copy of the list of abutters within a 300' radius of the project site.
C.Provide two copies of the Assessor's Map indicating the parcel of the project site and
showing the 300' radius perimeter line.
J d.Provide a copy of the abutter notification letter. Use the form letter provided in our
Abutter Notification Regulation.
e.Provide the return receipts from the certified mailings to the abutters as proof of
notification,with the receipts clue no later than the night of the hearing. if any mailings
are returned,provide the entire envelope, indicating by postal service stamp the reason
for return.
Field Staking:
a.On or before Tuesday, 8:30 a.m. one week prior to the scheduled public hearing.have
your project staked by a Registered Land Surveyor showing all outside corners of all
proposed structures and the continuous proposed"limit of work' line.
b.Have a wetlands scientist or other qualified professional flag all wetland resource areas
on or within 100' of the work area. Make sure that the flags are sequentially numbered.
subreg2
CI
2
C.Provide a project identification stake with bright-.painted top and applicant name and
address easily visible from the street accessing the site.
3.Legal Advertisement Fees:
a.Pay for the costs of legal advertisement of your project in the local newspaper. (V,'hile
we take care of the ad's publication,you are responsible for its payment. The newspaper
will bill you directly.)
4.Minimum Documentation for a Complete Application:
a Provide a completely filled out(in all parts)Notice of Intent application as locally
adopted for the Town of Barnstable - Form 3 and supplements(Riverfront Area or
Stormwater Management Supplements)as applicable, including DEP Vegetated Wetland
Field Data Form. Indicate assessor's map and parcel number of the project as well as
the street address.
E/ b.Provide project plans stamped by a professional er.-ineer, land surveyor, architect or
landscape architect(as applicable). Plans shall be drawn at a readable scale (1"=20'
I referred). For multi-acre sites a second site plan, drawn at larger scale showing the
entire site, should also be provided.
The site plan shall also show:
1.All existing and proposed contours(at 2' minimum intervals, 1' preferred on
residential sites).
If 2.Clear delineation of all existing an.l proposed structures and features. Building
structures must be accurately dimensioned(fixed location)from property lines
and wetland resource areas. Plans shall be in sufficient detail to show all
potential wetland impacts,mitigation,compensatory areas,engineered
structures, utilities, landscaping,etc. within the area of jt!risdiction. On
complicated sites, existing and proposed conditions should be shown on
separate sheets.
3.Locus inset map of the site clearly showing its location relative to surrounding
public streets.
4.All wetland resource area flags by individual flag number(matched to the field)
to clearly identify all resource areas on or within 100' of the work area.
5.Section views showing changes in trade, cuts and fills.
6.Plan revisions clearly noted and dated in the revision block. The individual who
stamped the plan must re-initial. A Revised Plan Submittal Sheet must be
attached.
rj 7.At least one copy of the submitted site plan printed with original signature or
over original professional seal.
C.Provide detailed,written street directions to the locus(site).
d.Provide a copy of a U.S.G.S. locus map indicating the general area of the project site.
subreg2
L
3
e.Provide a written narrative of any project impact and proposed miiigation a,they relate
to:
1.Any of the interests of Article 27 of the Town of Ban stable By-Laws and the
MA Wetlands Protection Act.
2.The performance standards contained in the MA NVetland Protections
1egulations(310 CMR 10.)
3.Regulation Governing Activity in the 100' Buffer Zone.
4.Regulations for Private Piers and Docks.
5.Pier Compliance and Maintenance Regulations.
6.Guidelines for New Private Piers.
El Any other applicable regulations(310.CI\4R 10 or as promulgated under Article
27 of the Town Ordinances).
f. Provide a check for the To,,N?n of Barnstable portion of the required filing fee. (The
portion payable to the Commonwealth goes elsewhere.)
U
a Provide any other documentation,photo?ra phs,archit;lCTural renderings or other
supporting data prepared by professionals competent in the field which may be relevant
to the application.
5.Submissjon of copies of the con;l eted application with laps:
a.Provide two Notice of Intent applications with plans folded to the Barnstable
Conservation Division Office for the permanent fie.
b.Mail two copies of the notice of Intent with plans to the D.E.P. Southeast Regional
Office,20 Riverside Dr., Lakeville,MA 02346 Send DEP portion of filing fee to:
Dept. of Environmental Protection, Box 4062,Boston,MA 02211
C.Provide seven additional Notice of Intent copies(with folded plans and all pertinent data
attached)to the Barnstable Conservation Division Office for distribution to and eviewr
by the Barnstable Conservation Commission members. Any supplementary
documentation for member review should be submitted on or before Tuesday at noon,
two weeks prior to the scheduled public hearing.
d.For roadway construction or repair projects, provide one copy of the Notice of Intent and
plans to the Coastal Health Resources Coordinator c/o the Board of Health.
e.For coastal piers, dredging, coastal engineering structures or other coastal erosion control
projects, provide one copy of the Notice of Intent and plans to the Shellfish Biologist c/o
Natural Resources Division Office, 1189 Phinney's Lane, Centerville,NIA 02632
f. For coastal piers and dredging provide one copy to the Harbor Master, c/o the Harbor
Master Division, 1189 Phinney's Lane, Centerville,MA 02632
subreg2
Submitted the day of in the year in accordance with the
Town of Barnstable"Regulation Governing Minimum Submi_,sion Requirements for a Notice of Intent
Application"by:
Print Name)
Owner/Applicant Signature / Telephone Number
Owner's Authorized Agent Signature / Telephone Number
Approved:May 28, 1997
Revised: July 8, 1997
J:subreg2.doc
subreg2
r ysr THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
OFFICE OF COASTAL ZONE MANAGEMENTF
251 CAUSEWAY STREET,SUITE 900,6OSTON,NIA 021-14-2136
fi
k
617) fi26-1200 FAX: (617)626-1240
i
MEMORANDUM BARNSTABLE CONSU.,";'J"<
TO: Bob Durand,Secretary, EOEA
ATTN: Doug Vigneau,MEPA Unit
FROM: Tom Skinner,Director, CZ I
DATE: September 28, 2000
RE: EOEA 11692—Three Bays Dredging and Dead Neck Island Beach
Restoration; Barnstable
The Massachusetts Office of Coastal Zone Management(CZM)has completed its
review of the above-referenced Notice of Project Change(NPC), noticed in the
Environmental Monitor dated September.9,2000, and does not recommend the
preparation of an Environmental Impact Report.
The original project described in an Environmental Notification Form filed with
MEPA in November, 1997 involved dredging approximately 233,500 cubic yards of
sediment and placement of the material on approximately 2,400 lineal feet of Dead Neck
Island. The NPC involves approximately 7,000 cubic yards of additional dredging in a
channel connecting the interior and exterior channels of Cotuit Bay and nourishment of .
an additional section of Dead Neck Island.
CZM is generally supportive of the proposed channel dredging and use of clean,
compatible material for beach and dune restoration on Dead Neck Island. However,
CZM is concerned about the potential short and long term adverse impacts of the
dredging on the adjacent shoreline. Based on the plan view(Sheet 2 of 2) of the
proposed channel submitted with the NPC,the westernmost point of the channel is within
approximately 25 feet of the Cotuit shoreline. The typical cross-section submitted with
the NPC indicates that the total area to be dredged, including side slopes, is wider than
the 100' wide channel shown on the plan view. CZM is very concerned about the
potential wave climate.change and increased erosion of the Cotuit shoreline that may be
caused by the proposed channel alignment. There appears to be plenty of room to adjust
the channel alignment to minimize the potential impacts to the adjacent shoreline. CZM
will work with the proponents to address this issue during permitting.
The proposed project may be subject to CZM federal consistency review. For
further information on this process, please contact Jane W. Mead, Sr. Project Review
Coordinator, at 617-626-1219.
r E.`iUiF^iRFd'f 'i:'4F:Ji? i:,tx_ ,,.,r, .;IL ,:EC:?.•',: '.Y. .110.7..., v,t9 d.;c£S, liiRl:C
I aviv:d.S2.:tt.rr 3.ir:%C7rn/
TWS/rh
cc: Bob Hamilton, Woods Hole Group,
81 Technology Park Drive, East Falmouth, MA 02536
Truman Henson, Jr.,
CZM Cape Cod and Islands Regional Coordinator
Elizabeth Kouloheras and Jim Mahala,
Southeast Regional Office,MA DEP
Sharon Pelosi, Acting Section Chief
Waterways Program, MA DEP
Karen Adams,
US Army Corps of Engineers
Steve Tucker
Cape Cod Commission
Barnstable Conservation Commission
s
aF BAs CAPE COD COMMISSION
0 == r 3225 MAIN STREET
V ® trl
P.O. BOX 226
BARNSTABLE, MA02630
508)362-3828
SACHUS FAX(508)362-3136
E-mail:frontdesk®capecodcommission.org
September 29, 2000 Q
Secretary Robert Durand OCT _ 3 2000
Executive Office of Environmental Affairs
251 Causeway Street
Boston, MA 02114 BARNSTAP"" CONSERVAT;0N
Attn: Douglas Vigneau
Re: Dead Neck Island Dune Restoration,Notice of Project Change, EOEA#11692
Dear Secretary Durand:
Cape Cod Commission staff has reviewed the Environmental Notification Form Notice of Project
Change #11692 for the Dead Neck Island Dune Restoration in Osterville, Massachusetts. An ENF and
EIR were categorically required at the time of filing because the Wetlands Protection Regulation/MEPA
threshold of dredging and nourishing greater than 10 acres of protected resource areas was met. While
the Cape Cod Commission did not review the original application and has not formally reviewed the
Notice of Project Change, Commission staff offers the following comments.
8
PROJECT BACKGROUND
Dredging of the Three Bays area was previously reviewed in 1985, 1997, and 1998. A history of
permitting of proposed dredging in this area follows below:
EOEA 11308 ENF Noticed 9/9/97 maint: (not described) improve: 125,000
EOEA 11308 NPC Dated 10/30/1997 maint: 88,282 improve: 25,088
EOEA 11308 Final Decision 1/9/98 maint: 88,282 improve: 25, 088
EOEA 11692 Draft Decision Noticed 6/22/98 maint: 106,637 improve: 161,845.
EOEA 11692 Final Decision Issued 9/6/98 maint: 124,136 improve: 186,790
EOEA 11692 Notice of Project Change 9/9/00 maint: 124,136 improve: 193,790
i
The project proposal in 1997 included"more than 125,000 yards of improvement dredging," which was
eliminated from the proposal through a Notice of Project Change"based on comments provided by the
Massachusetts Environmental Protection Act (MEPA) Unit,National Marine Fisheries Service
NMFS), the Massachusetts Coastal Zone Management Office (MCZM), and the US Army Corps of
Engineers (USACE)." Staff is concerned that through subsequent filings and review of this project,the
volume of improvement dredging has gradually increased to an amount in excess of the volume found in
1997 to be cause for concern by these permitting agencies.
Dead Neck Island Dune Restoration,Notice of Project Change,EOEA#11692 1
September 29,2000
t~J
A r
A
e•
Because many aspects of the previous proposal were already reviewed and permitted, the Commission
staffs comments will concentrate primarily on the expanded improvement dredging described in this
Notice of Project Change.
PROJECT DESCRIPTION
The beach/dune nourishment design of the original proposal was identified in the July, 1998 ENF as
exactly the same as what was approved and permitted earlier this year". The dredging design described
in the current Notice of Project Change involves an additional 7,000 cubic yards amounting to a 3%
increase in the volume of material to be dredged. The applicant has also provided an additional template
to illustrate the profile of material proposed for placement on Sampson's Island (at the western end of
Dead Neck Island). The Project Description states that the impetus for increasing the dredged area is the
improvement of storm protection and channel navigability,habitat restoration, and improved circulation
in the South Barnstable Bay System. The Notice of Project Change does not provide specific
information regarding past maintenance of the area proposed for additional dredging.
PROPOSED DREDGING
The proposed dredging project encompasses approximately 7,000 cubic yards to be removed from the
channel leading into Cotuit Bay from Nantucket Sound. The dredged material is proposed for use as
beach nourishment on Sampson's Island, which comprises the western extent of Dead Neck Island.
According to the Notice of Project Change,the dredge area was sampled using core samples and surface
grabs, and the substrate was found to be comprised of"only beach-compatible sand". However, no
information regarding the analysis of the material in this new area was provided.
SHELLFISH RESOURCES
The original permit application clearly states that"past dredging operations have been conducted with
documented adverse impacts to shellfish populations". The Notice of Project Change does not stipulate
whether the proposed expansion of dredging is in an area of past dredging activity. The Notice of
Project Change also states that the Town of Barnstable Shellfish Biologist performed a shellfish survey
and that the project was designed to account for shellfish interests in the area. However, the applicant
does not describe the results of the survey, does not characterize potential impacts, and does not
stipulate what mitigation measures are proposed. The original application also refers to a shellfish
seeding program and relocation of any resources found within the project area, however the scope and
intensity of the mitigation is not described.
SUBMERGED AQUATIC VEGETATION
The original ENF stated that no `significant' aquatic vegetation exists within the proposed dredging area.
The Notice of Project Change is silent on the issue of submerged aquatic vegetation. Plans illustrating
the additional dredging proposed in the Notice of Project Change should depict known areas of and type
of aquatic vegetation.
WATER QUALITY
Water quality problems do exist in the Southwest Barnstable Embayment System (Cotuit Bay, West
Bay,North Bay and Prince Cove) particularly in the upper reaches, as outlined in the 1995 final report
Field Data Collection and Flushing Model Development of the Southwest Barnstable Embayment
System"provided by ASA, Inc.. to the Town of Barnstable, and the 1998 Cape Cod Coastal Embayment
Project promulgated by the Cape Cod Commission. The original proposal to dredge material from
navigable channels likely resulted in larger volumes of tidal water entering this system. While this may
Dead Neck Island Dune Restoration,Notice of Project Change,EOEA#11692 2
September 29,2000
a
appear to potentially improve water quality due to dilution, the.Notice of Project Change does not
address Commission staff s concerns (already articulated in letter dated July 14, 1998)that the
additional `residence time' of water in the system may further impact its ability to flush nutrients.
BEACH RENOURISHMENT
The beach re-nourishment profile provided by the applicant is difficult to interpret, and a description of
planting measures for the additional nourishment area was not provided. However, it seems apparent
that two areas that currently allow stormwater to overwash the barrier will be filled. While the
additional massing of a dune on Sampson's Island will enhance its ability to serve as a sacrificial storm
buffer, filling of overwash areas may exacerbate damage to the dune during extreme conditions. Once the
nourishment material is placed on site, appropriate vegetation should be planted to increase the longevity
of the project. Natural inundation of the beach areas and the effects of wind erosion will ensure that
adequate nesting area for shorebirds persists.
SUMMARY
Commission staff has concerns regarding yet another enlargement of the previously permitted dredging
project. We are satisfied that the timing and phasing limitations applied to the original project are
suitable safeguards for the work proposed under the Notice of Project Change. And, given the erosive
nature of the barrier island in the vicinity of the proposed project and the concomitant potential for
damage to landward property in the event of a significant coastal storm, we do not wish to unduly delay
the proposed project. However, we recognize that alterations to the flushing rate of the Southwest
Barnstable Embayment System must be handled with care, and that the potential for increased storm
damage to properties adjacent to the proposed dredging area must be considered.
Minimum Performance Standard 2.2.3.7 of the 1996 Regional Policy Plan stipulates that".New dredging
projects or expansion of existing dredging projects shall not occur unless a substantial public benefit can
be demonstrated including but not limited to enhancement of fish or shellfish habitat, improvements to
the flushing capacity of nitrogen sensitive embayments, or necessary improvements to navigational
safety". The ENF does not demonstrate that potential public benefits outweigh the possible detriments
of the project. However, staff do concur that some improvements in the areas described in the Minimum
Performance Standard may result from the project, and that other public benefit in the form of critical
species habitat and storm damage prevention will be realized.
We would support the approval of the work described under the Notice of Project Change and the '
applicant's request to maintain the waiver from the EIR requirement provided that: 1) sufficient
planting measures are required to enhance the resilience of newly placed material, and 2) shellfish
interests are protected and the proposed mitigation strategy (seeding program,relocation) designed in
cooperation with the Town of Barnstable Shellfish Biologist is submitted to the permitting agencies for
review.
We remain willing to work with the regulatory agencies,particularly the Barnstable Conservation
Commission, during its review of any extension application or amendment that will be forthcoming
through the local permitting process.
Dead Neck Island Dune Restoration,Notice of Project Change,EOEA#11692 3
September 29,2000
r
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f
J
Thank you for the opportunity to comment on this project.
Sincerely,
Mar o Fe
Ex utive irector
cc: ert Hamilton, Aubrey Consulting
Barnstable Conservation Commission
Barnstable Planning Department
Elizabeth Koulaheras, DEP/SERO
Karen Adams, Anny Corps of Engineers,NED
Natural Heritage and Endangered Species Program
David Ansel, Cape Cod Commission
Dead Neck Island Dune Restoration,Notice of Project Change,EOEA#11692 4
September 29,2000
1
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from an on the water survey performed in Osterville, MA 02655 c aa»s ua taoaMae-.nu;; aSeapU%t RiverandfollowtoSeapuitRiverRoadSiteCanbeviewedOctoberZoosI..from f253, and is located south west of the Barnstable (aster Harbors) Mess. aThedatumsusedamM.L.W. N.A.D 83 Mass.s,:cnau-1a u wpieratthisaddress.
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PROPOSED GRADE
80 —60 —40 —20 Q 20 40 60 80 100 120 140 160 180 200 220 240 260 280 300 320
MIN. 4:1 SLOPE APPROX. TOP
TYPICAL BOTH SIDES)APPROX. EX. OF SLOPE
GROUND SECTION E-E
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F ovERDEPTH DEADNECK BEACH NOURISHMENT
ELEV. -10' ML
ELEV. -g M`W
TYPICAL SECTION B—
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B PHASE I AND II
SEPUIT RIVER TO
COTUIT BAY CHANNEL
100'
PROPOSED GRADE
SE UIT NAN CKEF /— PROPOSED PHA3E III ROFI
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ELEV. -7' MLW 0 f
ELEV. -8' MLW
TYPICAL SECTION C—C HTL
SEPUIT RIVER TO
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PROPOSED GRADE
160 —140 —120 —100 —80 —60 —40 —20 IL 20 40 60 80 100 120 140 160 180 200 220 240
MIN. 4:1 SLOPE - APPROX. TOP
TYPICAL BOTH SIDES) APPROX. EX. OF SLOPE
GROUND SECTION E-E
ELEV. 0 MLW v
V OF OVERDEPTH
ELEV. -11' MLW
DEADNECK BEACH NOURISHMENT
ELEV. -12' MLW STA. 15+00 TO STA. 24+00
TYPICAL SECTION D—D PHASE III
WEST BAY CHANNEL
100'
NANTUCKET SOUND COTUIT BAY
PROPOSED GRADE
MIN. 4:1 SLOPE APPROX. TOP
TYPICAL BOTH SIDES) APPROX.
GROUND
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ELEV. +1 1.0 FT
ELEV. 0 MLW v FILL MATERIAL FOR BERM
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ELEV. -9' MLW
TYPICAL SECTION G—G
55
6
WEST BAY CHANNEL
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PROPOSED GRADE S ECTI O N 1-1 ELEV. 0.0 FT
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t' OF OVERDEPTH
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ELEV. -10' MLW 1\ EXISTING PROFILE
TYPICAL SECTION H—H PROPOSED PHASE I PROFILE e ulaS1lr1`rrt rpr.
FUTURE PROFILE (PHASE it AND III) s
FYu z'
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REV DATE DESCRIPTION BY
NANTUCKET ENTRANCE CHANNEL
VARIES (zoo'-too'
HARNSTABLEF• Y :;
SN,IL = STILL WATER LEVEL O MASSACHUSETTS
EXISTING GROUND FLFv HTL NOTE: ALL ELEVATIONS ARE IN FEET 3 BAYS PRESERVATION
PROPOSED DREDGING TEMPLATE AND REFERENCE MLW. e
TYPICAL DREDGING ANDV. MHW
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DUNE SECTIONS1' OF ADVANCED MAINTENANCE DREDGING
ssss;soe+=y;,;-;.•iWlllBEPERFORMED. Lt`p '
ir DATE: OCT 2000 CONTRACT No. SHEET
GAHAGAN & BRYANT ASSOCIATES, INC. SCALE: KITS No.02
v
N ATLANTIC 6.9
00
OCEAN 6.5
7.9
3.3
QASSACI USC7TS
0 3.2
1
1
0
4.2
5.6
7.8
7.2
3.9 5.3
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0 S T E R V I L L E 4.8 3.9
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C 0 T U I T 0
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I S L A N D
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4 WIDTH WILL BE 100'9-
6.1 RIVER CHANNEL TO BE
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5,8
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SECTION N0.8 DREDGED TO -11'; CHANNEL 9A
0.95.5
WIDTH WILL BE 200'
5.7
PREVIOUSLY PERMITTED) aif
8,7
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NO.5u, 00 >
3 4.54 ".I T1.
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NOTES PHASE III PHASE I AND
PHASE 1 124,637
PREVIOUSLY PERMITTED) PHASE II PHASE 2 57,220
MEAN HIGH WATER
1. ALL DEPTHS AND ELEVATIONS REFERENCE MLW.
PREVIOUSLY PERMITTED) PHASE 3 51 ,678
IN AREAS OF HIGH SHOALING RATES,LEGEND 7PHASE 4 6,5001' OF ADVANCED MAINTENANCE DREDGING WILL BE PERFORMED.
2. THE BACK 20 FT WIDE SECTION OF DUNE (ONCE THE 6:1 SLOPE
SECTION N0.7
TOTAL 240,035 OCT A 2001
SHORELINE REACHES THE BERM ELEVATION) SHALL BE PLANTED WITH CAPE
1.0
PIER/DOCK AMERICAN BEACH GRASS, 2 CULMS PER HOLE, 14 INCHES ON CENTER SCALE
HOUSE STRUCTURE AND 8 INCHES DEEP. THE LIMITS OF THE PLANTED AREA ARE SHOWN 13ARNSTABLE CONSERVATION
SECTION NO.6 ROADS ABOVE. 0
400 0 200 400 800
2.0 TOP OF DUNE 3. A TEMPORARY SILT FENCE MUST BE INSTALLED 3 FT FROM THE EDGE x
TOE OF DUNE OF A MARSH DURING CONSTRUCTION TO ENSURE THE MARSH WILL NOT
BASELINE OF CONSTRUCTION BE COVERED.
0
0 FEET
G*0
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SEE SHEET 2 FOR CROSS SECTIONS
V8 SALT MARSH VOLUMETO VOLUMETO MAINTENANCE IMPROVEMENT
G* TEMPORARY SILT FENCE SECTION GRADE (CY)OVERDEPTH (CY) DREDGING (CY) DREDGING (CY)
REV DATE DESCRIPTION BY
CAPE AMERICAN BEACH GRASS LOCATION 6 THREE BAYS PRESERVATION, Inc.2.0 0 VX 1997 SEDIMENT CORING LOCATIONS No. 1 95,354 27,226 14,615 107,965
G* COTUIT BAY ENTRANCE CHANNEL 10 1998 SEDIMENT CORING LOCATIONS 5.0 4.0 OSTERVILM, MASSACHUSETTS
2,0
TO BE DREDGED TO -8'; 010 2000 SEDIMENT SAMPLES No. 2 10,239 4,934 1 ,399 13,774 WEST BAY ENTRANCE CHANNELCHANNELWIDTHWILLBE100'. maw PREVIOUSLY PERM11TED CHANNEL TO BE DREDGED TO -8; RESTORE OSTERVILLE WATERWAYS
PREVIOUSLY PERMITTED) PERMIT PENDING CHANNEL
No. 3 7,417 3,496 4,037 6,876
CHANNEL WIDTH WILL BE 100. AND DEADNECK BEACH NOURISHMENT
5.0
No. 4 58,654 20,887 21 ,366 58,175 PREVIOUSLY PERMITTED)
FF, a+5, '%ELEV. 2.8 HTL
No. 5 500** 2,000** 2,500 0
FL V. 2.5 MHW 5 APPROVED PLAN
No. 6 63,529 12,471 76,000 0 3
V7 Fl FV 0 MLW No. 7 298 3,921 4,219 0
END CHANNEL
AT -8' CONTOUR.
ESTIMATED VOLUME
No. 8 4,763 1 ,525 0 - 6,288
DATE: 11 /24/00 CONTRACT No.SHEETGAHAGAN & BRYANT ASSOCIATES, INC. TOTAL 240,754 76,460 124,136 193,078
1 SCALE: No.
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6,9
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OCEAN 6,5
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SECTION N0.8 A*DREDGED TO -11'; CHANNEL 90
5.7 5.5
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PHASE I TOE _
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m p
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N PHASE 1 124,637
NOTES
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PHASEII
ASE I AND
N PHASE 2 57,220
MEAN HIGH WATER PREVIOUSLY PERMITTED) PHASE 3 51 ,6781 . ALL DEPTHS AND ELEVATIONS REFERENCE MLW.
LEGEND IN AREAS OF HIGH SHOALING RATES, PHASE 4 6,500
1 ' OF ADVANCED MAINTENANCE DREDGING WILL BE PERFORMED.
2. THE BACK 20 FT WIDE SECTION OF DUNE (ONCE THE 6:1 SLOPE TOTAL 240,035
SHORELINE REACHES THE BERM ELEVATION) SHALL BE PLANTED WITH CAPE
SECTION N0.7
PIER/DOCK AMERICAN BEACH GRASS, 2 CULMS PER HOLE, 14 INCHES ON CENTER SCALE
HOUSE STRUCTURE AND 8 INCHES DEEP. THE LIMITS OF THE PLANTED AREA ARE SHOWN 400 0 200 400 800
SECTION NO.6 ROADS ABOVE. ox
2.0 TOP OF DUNE 3. A TEMPORARY SILT FENCE MUST BE INSTALLED 3 FT FROM THE EDGE
TOE OF DUNE OF A MARSH DURING CONSTRUCTION TO ENSURE THE MARSH WILL NOT o FEET
BASELINE OF CONSTRUCTION BE COVERED. G* o
2,0 DEPTH BELOW MLW CHANNEL CUT VOLUMES G*
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G* TEMPORARY SILT FENCE SECTION GRADE (CY)OVERDEPTH (CY) DREDGING (CY) DREDGING (CY)
REV DATE DESCRIPTION BY
CAPE AMERICAN BEACH GRASS LOCATION V6 THREE BAYS PRESERVATION, Inc.
o VX 1997 SEDIMENT CORING LOCATIONS No. 1 95,354 27,226 14,615 107,965
5.0 4.0 OSTERVILLE, MASSACHUSETTSG* COTUIT BAY ENTRANCE CHANNEL 1 0 1998 SEDIMENT CORING LOCATIONS
TO BE DREDGED TO -8'; 01 • 2000 SEDIMENT SAMPLES No. 2 10,239 4,934 1 ,399 13,774 WEST BAY ENTRANCE CHANNELRESTORE OSTERVILLE WATERWAYS2.o CHANNEL WIDTH WILL BE 100'. PREVIOUSLY PERMITTED CHANNEL No. 3 7,417 3,496 4,037 6,876 TO BE DREDGED TO -8;
PREVIOUSLY PERMITTED) PERMIT PENDING CHANNEL CHANNEL WIDTH WILL BE 100. AND DEADNECK BEACH NOURISHMENT
o
No. 4 58,654 20,887 21 ,366 58, 175 PREVIOUSLY PERMITTED) ti1un rurri i
J oFl FV 2.8 HT
No. 5 500** 2,000** 2,500 0 F
ELEV. 2.5 MHWq, ° CHANNEL DREDGING AND
m No. 6 63,529 12,471 76,000 0
BEACH NOURISHMENT PLANwv7ELEV. o MLW No 7 298 3,921 4,219 0 S;, '-END CHANNEL
No. 8 4 763 1 525 0 6,288AT -8 CONTOUR. Sr \\ESTIMATED VOLUME rONAI DATE: 10/24/00 11 CONTRACT No.SHEET
GAHAGAN & BRYANT ASSOCIATES, INC. TOTAL 240,754 76,460 124, 136 193,078 SCALE: 1 "=400' No. 1
N ATLANTIC
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TO —8' MLW; CHANNEL fj ;' ,, •, s.tl
K;W; `
A COTUIT BAY TO SEPUIT 4
WIDTH WILL BE 100'
RIVER CHANNEL TO BE if'
L 3
1 3,6
j DREDGED TO -8'; CHANNEL fit,..._
fey ,.."_t ' ,
1 (
r
10,1 WIDTH WILL BE 60' fl .
Y
ti,
i',
s
t 1
4s.. 2.8 \ 2,
COTUIT BAY TO SEPUIT 3,0
15.4 t 3,1
3,7 SECTION RIVER CHANNEL TO BE tip.
m
NO.2
t
DREDGED TO -6'; CHANNEL 4I w--
10 6
3.9 B* NO 3SECT10N WIDTH WILL BE 60' I r'
2,2 \ F
f
5,0 4,0
v
C* f r^"
6, 6,0 I I r`
Il4,8
3:3 it ''..r
r
SECTION NO.4 3 0
7,0 6,4
rr;;:
2,1
2I 3
C O T U I T
2 1
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r' f. t,
12
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k
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j
4
4.6 7
f "" it`
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1,1
2.2 1.0 9 ij'to as R f g
1.3 1.0
t
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s p4,1 t '..''fir ;;li r ..., If ,43 'f, i ef i,r yy, I 0 I N Ts7
f:
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it Y"
y
I:dSECTIONNO.1 1,5 T
r L Z-•....1` `tr Mt p , jlt f`` i 1 1 a.l~ni 'ATMv
f:
3
CO UIT BAY CHANNEL TO BE
0,9
DREDGED TO -8'; CHANNEL 6.0
i>t' `';
rt a
u
5.7 5,5 2
7
WIDTH WILL BE 100'
5.8
i v
i t
8.7 0 3 a_ w':r " .. ('
r
j SECTION
4.0 11,0 1:1 E l rl l..:r
N0.5 t.w._. ._.
el
C t 13,7 12,3
I '
y
JarC - li _ --- u
f
12:4 2:0
1 4 R I C R SALT MARSH
p 2 2 t:,' Il it jaiC._
V L
4
D. SILT FENCE (TYP. t ii i
i'
s 4f
3
t
J E
t .
I
v0 BASELINE 3._._,..ELI OF 6.0
2,
it
f i
3..
ia
rI.., Ali ?' + kL'O CONSTRUCTION 7 7
J
y4A
3,8
5.1
a
j 13.3 t
3.
I E C
S 2,5 N HIGH TIDE F*
LINE
II S p EofoMEANHIGH
PHASE I TOES0NSEXISTING
WATER
OF DUNE 2'
CC)Qo
SHORELINE
Q
w
o
V) F
T U C K T PH R
PHASE I ANDUnl PLAN OF RECORDNPHASEII
NOTES
LEGEND
1 . ALL DEPTHS AND ELEVATIONS REFERENCE MLW. BARNSTABLE CONSERVATION
IN AREAS OF HIGH SHOALING RATES, SECTION NO.7:
1 ' OF ADVANCED MAINTENANCE DREDGING WILL BE PERFORMED. o SCALE
l o SHORELINE
PIER/DOCK 2. THE BACK 20 FT WIDE SECTION OF DUNE (ONCE THE 6:1 SLOPE N
400 0 200 400 800
T)
SECTION N0.6 HOUSE STRUCTURE REACHES THE BERM ELEVATION) SHALL BE PLANTED WITH CAPE o
TENNIS COURT/FENCE AMERICAN BEACH GRASS, 2 CULMS PER HOLE, 14 INCHES ON CENTER C
2,0
ROADS AND 8 INCHES DEEP. THE LIMITS OF THE PLANTED AREA ARE SHOWN FEET
TOP OF DUNE ABOVE.
TOE OF DUNE
BASELINE OF CONSTRUCTION 3. A TEMPORARY SILT FENCE MUST BE INSTALLED 3 FT FROM THE EDGE
2.0 DEPTH BELOW MLW OF A MARSH DURING CONSTRUCTION TO ENSURE THE MARSH WILL NOT
V8 SEE SHEET 2 FOR CROSS SECTIONS BE COVERED. 17 REV DATE DESCRIPTION BYSALTMARSH
V6
S s TEMPORARY SILT FENCE THREE BAYS PRESERVATION Inc.2 0 CAPE AMERICAN BEACH GRASS LOCATION
QvX SEDIMENT CORING LOCATIONS
VOLUME TO ADVANCE MAINTENANCE
4.0 OSTERVILLE, MASSACHUSETTS
co COTUIT BAY ENTRANCE CHANNEL SECTION GRADE (CY) VOLUME (CY)
H z.o TO BE DREDGED TO -8';
WEST BAY ENTRANCE CHANNEL RESTORE OSTERVILLE WATERWAYSwCHANNELWIDTHWILLBE100'. No. 1 15, 147 10,1 15
TO BE DREDGED TO 8,AND DEADNECK BEACH NOURISHMENTNo. 2 7 064 3,539 CHANNEL WIDTH WILL BE 100.
ro N\1\i{l!I I R ftl i
ELEV. 2.8 HTL No. 3 3,451 2,821 8 FF,'4";; ,,
ELEV. 2.5 MHW No. 4 11 ,779 14,954
iD :_
CHANNEL DREDGING AND
Lu
Of No. 5 500**2,000** 31155
5`4
W v7
Lo No. 6 25,000** 12,000**BEACH NOURISHMENT PLAN
END CHANNEL
AT -8' CONTOUR. No. 7 7 500**7'500**
r
l1111141 DATE: 11 /20/97 CONTRACT No.SHEETGAHAGAN & BRYANT ASSOCIATES, INC. ESTIMATED VOLUME
SCALE: 1 "=400' No. 1
UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
LISPS
Permit No.G-10
Sender: Please print your name, address, and ZIP+4 in this box •
Barnstable Conservation Commiaelat
Town Hall,367 Main SL
Hyannis,MA 02601
Se3-3743 Three Bays
i
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
Complete items 1, .and 3.AISo Complete A. Received by(Please Print Clearly) B. D 4 if Restricted-bel very is desired. a—-
Print your name atIdiaddress on the reverse
so that we can retul:rl the card to you.
C. S' at a
r'
AgentAttachthiscardtO-the back of the mailpiece,
or on the front if space permits.
X Addressee
D. Is delivery address different from it 1? El Yes
1. Article Addressed If YES,enter delivery address below: .1 No
Robert Hamilton
Woods Hole Group, Inc.
81 Technology Park Drive .
East. Falmouth.,
v,
MA 02536
k' 3. Service Type
1 Certified Mail Express Mail
y?. Registered R7 Return Receipt for Merchandise
Insured Mail C.O.D.
ra 4. Restricted Delivery?(Extra Fee) Yes
2 Article Number(Cop.fFom service label)
41,sJe r s..:'.a,i t I t i .3r •, :'I `# ,ht-!{ 1ili:f1::iR'
PS;orM1,Ju1-*':1999 Domestic Return Receipt 102595-00-M-0952
Town of Barnstable
Conservation Commission Form R
SARNsrnBIE
MAW200 Main Street
o °'` Hyannis Massachusetts 02601
Office: 508-862-4093 E-mail: conservation@town.barnstable.ma.us FAX: 508-778-2412
Revised Plan Request
SE3- OOC expiration date:Applicant Name:
Project Location Map: Parcel:
1. Why is a revised plan being submitted?
2. Is the revision proposed or as-built ?
3. If a revised site plan is being submitted, what is its revision date?
4. Does the revised site plan have an original stamp, signature, and initials in
the revision block?
5. What parts of project are completed?
6. What parts of project are not completed?
q 7. e completed parts of project in compliance with the approved plan and Order
HEARING onditions ?
NOV 2012
G3
r
a special conditions been met to date? E.g. Forms A &B, photographs ofO
disturbed buffer, certified foundation plan?
9. Are sediment controls in effective condition?
Representative's Signature Date
Please submit this form, a cover letter, two plans with original stamp & signature
Viand a $ 35 check made payable to the Town of Barnstable. Also, prepare anF
additional five collated sets for distribution to the commissioners J
SE UIT NANTXJC'e
PRO', PHASFIPR FILE I
RI ER $ ROP SED HASE I PRO ILE
FEACH GRASS
I 20>SEE NOTE I
SHEET No.t) -
O LE 0 0EXISTINGPR
s
MHW
r
80 -60 -40 -20 EL 20 40 50 80 100 120 140 160 180 200 220 240 260 280 300 320
SECTION E- E
DEADNECK BEACH NOURISHMENT
STA. 0+00 TO STA. 15+00
PHASE I AND II
SE UIT NANTJCKE PROPOSED P E III ROFILE
RI R
IL-AN-
BEACH G S
SEE NOTEI 2. j
SHE No.
SIT FEI,CE EXISTING P ROFILE -11
o
H
M
1
SALT AAARSH
i
160 -140 -120 -100 -80 -60 -40 -20 20 40 60 80 100 120 140 160 180 200 220 240
i
SECTION F-F
i I
DEADNECK BEACH NOURISHMENT
STA. 15+00 TO STA. 24+00
PHASE III
NANTUCKET SOUND COTUIT BAY
I
t''a`
t '°
ILL MATERIAL FOR BERM
j 1
ELEV. +10.5 FT 10
I 5
S
MHWI
i 0
SON ISLAND i
80 -60 -40 -20 0 20 40 60 80 100 120 140 160
LEGEND
SECTION 1 -1
EXISTING PROFILE
PROPOSED PHASE I PROFILE
FUTURE PROFILE (PHASE II AND III)
SWL = STILL WATER LEVEL THREE BAYS PRESERVATION INC.
NOTE: ALL ELEVATIONS ARE IN FEET TOWN OF OSTERVILLE (Barnstable County) MA.
AND REFERENCE MLW.PLANS ACCOMPANYING PETITION OF 3 BAYS
PRESERVATION TO DREDGE PORTIONS OF
COTUIT BAY and NANTUCKET SOUND TO —11'
SCALE: cs shown
BORROW MATERIAL WILL BE USED TO FILL BEACH AREA ON SAMPSONS I.
SHEET 7 OF 7 NOVEMBER 2000
i
o .
0TUIT Do
B A Y
OD
0 0
COTUIT BAY TO SEPUIT
6.1 RIVER CHANNEL TO BE
TO SEPUIT
NEL
DREDGED TO -9'; CHANNEL
WIDTH WILL BE 100'
G
E ;
CHANNEL
BE
87DILL80'
10.1 PREVIOUSLY PERMITTED) p USL PERMITTED)
15.4 37 SECTION
10.6
NO'2
B*
SECTION
N0.3
5.0
3.9
4.0 2.6 C*
4.8
6.0 5.8 3.3
6.4
0
C 0 T 2_I
H I G H L A N
12
3
4.s
0.9
1.5
1.1 * 2.7
COTUIT BAY TO NANTUCKET SOUND
B
C*
CHANNEL TO BE 5.1 4.6
O
DREDGED TO -10% CHANNEL 2:
2.2
1.1 1.0
WIDTH WILL BE 100'
1.3
0.8 5.8 1.0 5
PERMIT PENDING) 4.0
SECTION NO.8 SECTION NO.1 1.5
COTUIT BAY CHANNEL TO BE
A* DREDGED TO -11'; CHANNEL 9
0.9 WIDTH WILL BE 200'
7 5.5
5.6
PREVIOUSLY PERMITTED)
4.0 •,Ij.B \
8.7 1.1 0.3
i
2\• 1.. 4.4
2. 5.7 2.0
vi
I '•6 3.9 3.1
H*Zi•I i H*
3.7
1•01 HIGH TIQ,LIN'tB
z.s * TOE OF DUNE E C KN
TOP OF BERM p` D
10.5 FT - 70 FT WIDE 0
PERMIT PENDING) - PHASE 4
111u1„ur,,,
r pp••,,,
MEAN HIGH WATER
LEGEND
NOTES SHORELINE
PIER/DOCK
1. ALL DEPTHS AND HOUSE STRUCTURE:
f/
2 0
SECTION N0.6 ELEVATIONS REFERENCE TOP OF DUNE
r//
ic ^;s`
IN AREAS OF HIGH TOE OF DUNE
SHOALING RATES, BASELINE OF CONSTRUCTION
1' OF ADVANCED 2.0 DEPTH BELOW MLW
MAINTENANCE DREDGING SEE SHEETS 5-7 FOR CROSS SECTIONS
V8 WILL BE PERFORMED. SALT MARSH
G*
TEMPORARY SILT FENCE
CAPE AMERICAN BEACH GRASS LOCATION
2.0 0 VX 1997 SEDIMENT CORING LOCATIONS
G* COTUIT BAY ENTRANCE CHANNEL -t-e- 1998 SEDIMENT CORING LOCATIONS
TO BE DREDGED TO -8'; 2000 SEDIMENT SAMPLES
2.0 CHANNEL WIDTH WILL BE 100'.PREVIOUSLY PERMITTED CHANNEL
PREVIOUSLY PERMITTED) PERMIT PENDING CHANNEL
o
SA THREE BAYS PRESERVATION INC.
TOWN OF OSTERVILLE (Barnstable County) MA.
V7 PLANS ACCOMPANYING PETITION OF 3 BAYS
END CHANNEL
Ir PRESERVATION TO DREDGE PORTIONS OFAT -a' coNrouR.
Ft FV. 2.5 MHW COTUIT BAY and NANTUCKET SOUND TO -11'
P F,_ 0 MI W SCALE: 1 "=600'BORROW MATERIAL WILL BE USED TO FILL BEACH AREA ON SAMPSONS
SHEET 2 OF 7 NOVEMBER 2000
ATLANTIC
ass OCEAN
s
s
PROJECT
VICINITY
VACINTIY MAP (NTS)
NORTH
BAY
LITTLE
f
ISLAND
OSTERVIL.LE
GRAND
CoTUIT ISLAND
BAY
HTL WEST
MHW PROPOSED CHANNEL BAY
F
PERMIT PENDING
PREVIOUSLY ,
COTUIT
PERMITTED
HIGHLANDS
CHANNELS
RIVE
PLACEMENT SITE 5 DEADNECK
FOR MATERIAL
PERMIT PENDING Q O
PREVIOUSLY
SCALE: 1=2000'
NA NT uCKEl PREVIOUSLY
PERMITTED
CHANNELSPERMITTED
PREVIOUSLY PERMITTED BEACH REPLENISHMENT
CHANNELS
THREE BAYS PRESERVATION INC.
TOWN OF OSTERVIL.LE (Barnstable Cou*) "
PLANS ACCOMPANYING PETITION OF 3 BAYS
PRESERVATION TO DREDGE PORTIONS OF
COTUIT RAY and NANTUCKET SOUND TO —11'
BORROW MATERIAL WILL BE USED TO RLL BEACH AREA ON SAMPSONS I.
SHEET 1 OF 7 NOVEMBER 2000
rthe Commonwea[th of::Massachusetts
~cutive Office ofP,nergy and P,nvironmen ta (7Ljfairs
100 Cam6ridge Street, Suite 900
CBoston, ~}l 02114
Deval L. Patrick
GOVERNOR
Tel: (617) 626-1000
Fax: (617) 626-1181 Maeve Vallely Bartlett http://www.mass.gov/envirSECRETARY
June 27, 2014
CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS
ON THE
EXPANDED ENVIRONMENTAL NOTIFICATION FORM
PROJECT NAME : Dead Neck/Sampson's Island Restoration and
Management Project
PROJECT MUNICIPALITY : Barnstable
PROJECT WATERSHED : Cape Cod
EEANUMBER : 15197
PROJECT PROPONENT : Three Bays Preservation, Inc., and Massachusetts
Audubon Society
DATE NOTICED IN MONITOR : May 7, 2014
Pursuant to the Massachusetts Environmental Policy Act (M.G.L. c. 30, ss. 61-621) and
Sections 11.06 and 11.11 of the MEPA Regulations (301 CMR 11.00), I have reviewed this
project and hereby determine that it does not require further MEPA review. In a separate Draft
Record of Decision (DROD) also issued today, I have proposed to grant a Waiver from the
requirement to prepare a Mandatory Environmental Impact Report (EIR) for the project. This
Certificate sets forth the issues that must be addressed by the proponent during permitting and
discusses recommendations that were submitted on the project during the MEP A comment
period.
Project Description
As described in the Expanded Environmental Notification Form (EENF), the project
includes dredging, restoration and management of Dead Neck/Sampson's Island (DNSI) by
Massachusetts Audubon Society (MAS) and Three Bays Preservation, Inc., (TBP) (collectively,
the Proponent). DNSI is a barrier island bordering Nantucket Sound in the Barnstable villages of
EEA# 15197 Expanded ENF Certificate June 27, 2014
Osterville and Cotuit. The western third of the island, called Sampson's Island (approximately
37 acres) was donated to MAS in 1954. The remainder ofDNSI, called Dead Neck
(approximately 80 acres), has been owned by TBP since 2004. DNSI is uninhabited and
accessible only by boat, with visitation limited to those with permission to land (i.e., members of
MAS, TBP, or those having paid an admission fee). The Proponent proposes dredging the Cotuit
Bay navigation channel at the western end of Sampson's Island along with excavating coastal
beach and coastal dune (comprising a portion of the DNSI barrier beach) to use the spoil material
for beach/dune nourishment and habitat restoration for endangered shorebirds at the eastern end
of Dead Neck. The Proponent will establish a habitat conservation and management plan to
guide the performance of a long-term maintenance ofDNSI's shorebird habitat.
According to the EENF, Dead Neck was formerly attached to the mainland of Cape Cod
at its eastern end, subsequent to which, in 1901, a channel was dug to provide access into West
Bay. This channel is bound by two stone jetties, both of which were installed by the State on
State-owned property. These jetties and other private groins and revetments to the east create
barriers that inhibit westward littoral drift of sand to DNSI. The eastern end of Dead Neck has
historically, and continues to experience, severe erosion which reduces habitat for bird nesting
and foraging, and limits the extent to which DNSI can provide storm damage.
The western end of Sampson's Island is subject to sediment accretion, with volumes that
currently block a substantial portion of an historic navigation channel at the entrance to Cotuit
Bay. This navigation channel was created more than a century ago and dredged by the
Massachusetts Department of Public Works in 1934, 1947, and 1967. The EENF states that the
accretion of sand has reduced the Cotuit Bay channel to approximately 230 feet wide. This has
increased the velocity of the current and directed flow towards the Cotuit shoreline, causing
erosion, and has decreased navigability of into Cotuit Bay. The Cotuit Bay entrance represents
the end of the littoral system for sediment derived from the west-to-east transport along the
Cotuit mainland shoreline, as well as the east-to-west transport along DNSI. Accordingly, the
EENF concluded that sediment excavated from the western tip of Sampson's Island is at the end
of the littoral system and does not supply downdrift beaches with sediment.
Given the unique littoral drift patterns associated with DNSI, the Proponent proposes
"back-passing" sediment from the accreting spit on Sampson's Island's western end to the
sediment-starved and eroding eastern end of Dead Neck. The EENF concluded that to provide
the necessary shore protection volume for the island and restore and enhance the endangered
species habitat on DNSI, a total volume of233,600 cubic yards (cy) will be required to be
dredged and relocated. This includes 172,200 cy for beach restoration and management of the
endangered bird beach foreslope at Dead Neck, 50,000 cy to provide necessary storm damage
protection by dune restoration along the crest of the island, and 11,400 cy for habitat restoration
and management goals at critical sites on DNSI. The EENF indicated that an estimated 10,000
cy of fine-grained (silt/clay) material within the dredge area will be disposed of by upland
beneficial use and not used as part of the nourishment process. The proposed dredge footprint is
estimated at 930 feet by 680 feet, at a depth of six to eight feet, with approximately 100,000
square feet (sf) located in intertidal areas. Nourishment areas will be constructed with a slope of
1 : 1 0 or less.
2
EEA# 15197 Expanded ENF Certificate June 27, 2014
Material will be hydraulically dredged using the Barnstable County Dredge, "the
Codfish". According to the EENF, a 14-inch fixed discharge pipe will be set along the Seapuit
River with a booster pump set at the halfway point. The end of the pipe is proposed to discharge
into a settling basin located on the east end of Dead Neck approximately 8,000 linear feet (If)
from the dredge point. It is estimated that the Codfish can dredge at a rate of 160 cy per hour
under these conditions. The material from the western end of Sampson's Island will be dredged
and pumped into the settling basin. Suspended sediment will settle and entrained water will
percolate into the beachlNantucket Sound. Upon completion of the dewatering process, the
material will be moved into the nourishment area by a rubber tire front end loader.
The small deposit of clay/silt material will be mechanically removed by conventional
construction equipment with a closed environmental bucket mounted on a barge. These spoils
will be deposited on a second barge and moved to the Town's Loop Beach for dewatering by
gravity/evaporation in the parking lot. The material will be transferred to an approved upland
facility for beneficial reuse.
The EENF identified the following scope and timing for the project:
• Year 1 -dredge 40,000 cy from the west tip of Sampson's Island and nourish
eastern and southern portions of DNSI, with time-of-year (TOY) restrictions
established to avoid impacts to fish, shellfish and state-listed shorebirds;
• Year 2 -dredge 62,000 cy from the west tip of Sampson 's Island and nourish
eastern and southern portions ofDNSI, with TOY restrictions established to avoid
impacts to fish, shellfish and state-listed shorebirds;
• Year 3 -conduct monitoring to evaluate the effects of dredging and beach
nourishment on adjacent shorelines and biota, including shorebird use of nesting
and foraging habitat;
• Year 4 -dredge 63,000 cy from the west tip of Sampson's Island and nourish
eastern and southern portions ofDNSI, with TOY restrictions established to avoid
impacts to fish, shellfish and state-listed shorebirds; and
• Year 5 -dredge 63,000 cy from the west tip of Sampson's Island and nourish
eastern and southern portions ofDNSI, with TOY restrictions established to avoid
impacts to fish, shellfish and state-listed shorebirds.
Dredging and beach nourishment activities will directly and permanently impact wetland
resource areas regulated under the Massachusetts Wetlands Protection Act (WP A). According to
the EENF these impacts to wetland resource areas were tabulated as follows:
• Land Under Ocean (LUO) and Land Containing Shellfish -144,055 sf
(dredging); 206,250 sf (nourishment); and
• Barrier Beaches -428,000 sf (dredging) and 363,200 sf (nourishment).
The EENF classified several Management Areas within the 120-acre DNSI site. These
management areas contain wetland resource areas that will likely be impacted in conjunction
with ongoing management activities. These activities include:
3
EEA# 15197 Expanded ENF Certificate June 27, 2014
• Habitat Enhancement;
• Beach Enhancement;
• Beach Nourishment;
• Vegetation Control;
• Invasive Species (i.e ., Phragmites) Control; and
• Tree Management for Predator Management.
DNSI and its surrounding waters are mapped as habitat for endangered species in the
Massachusetts Natural Heritage and Endangered Species Program (NHESP) Natural Heritage
Atlas (13 th Edition, 2008). In 2000, TBP sponsored a Dead Neck nourishment project with
225,000 cy of compatible sand material, beach grass plantings and snow fencing to enhance
nesting and foraging habitat for the Piping Plover (Charadrius melodus), Least Tern (Sternula
antillarum), and Common Tern (Sterna hirundo). After an initial increase in nesting pairs of
these species, nesting at the site and associated productivity declined after 2006. The EENF
indicated that key factors in the loss of productivity are related to limitations to chick access to
foraging areas and refuge habitat due to the steep scarping of the ocean side of Dead Neck and
high rates of predation. Currently, Piping Plover nesting areas are located on areas of
unvegetated coastal beach, which are narrow and low, and subject to overwash and loss during
spring high tides and storm events. Tern populations are nesting in areas of the Coastal Dune ,
and in areas of what remains of the Barrier Beach.
Jurisdiction
This project is subject to MEPA review and requires the preparation of a mandatory EIR
because it requires State Agency Actions and will result in the alteration of ten (10) or more
acres of other wetlands (301 CMR l1.03(3)(a)(1 )(b)). The project also exceeds MEPA ENF
thresholds associated with greater than two acres of disturbance of designated Priority Habitat
(301 CMR 11.03(2)(b )(2)); alteration of coastal dune and barrier beach (301 CMR
11.03(3)(b)(l)(a)); and dredging of 10,000 or more cubic yards of material (301 CMR
11.03(3)(b)(3)).
The project will require a Chapter 91 (c.9l) Waterways Permit and a Section 401 Water
Quality Certificate from the Massachusetts Department of Environmental Protection (MassDEP).
A Conservation and Management Permit (CMP) will be required from NHESP in accordance
with the Massachusetts Endangered Species Act (MESA). The project will also require an Order
of Conditions from the Barnstable Conservation Commission, or in the case of an appeal, a
Superseding Order of Conditions from MassDEP.
The project will require Federal Consistency Certification from the Massachusetts Office
of Coastal Zone Management (CZM). A Permit from the United States Army Corps of Engineers
(ACOE) will be required in accordance with Section 404 of the Federal Clean Water Act.
Because the Proponent is not seeking Financial Assistance from the Commonwealth for
the project, MEPAjurisdiction extends to those aspects of the project that are within the subject
matter of required or potentially required state permits and that may cause Damage to the
4
EEA# 15197 Expanded ENF Certificate June 27,2014
Environment as defined in the MEP A regulations. In this case, MEP A jurisdiction extends to
wetlands, water quality, waterways and rare species.
Review of the Expanded ENF
The EENF included supporting documentation that identified potential environmental
impacts, a description of the dredging and habitat restoration components of the project, and
additional information to justify the request for a full waiver from the EIR process. The EENF
contained a set of design plans identifying wetland resource areas, existing and proposed
conditions, and specific types of habitat management areas. Several consultant-prepared
technical memoranda/reports were also included in the EENF that helped inform project design,
particularly with regard to sediment transport, ecological resources, and impacts to the Cotuit
Bay channel entrance. These included, but were not limited to, the "Dead Neck Beach
Nourishment Monitoring and Data Analysis" (2013); "Effects of Cotuit Entrance Channel
Maintenance on Coastal Processes and Coastal Flooding Potential" (2013); and "Dead Neck
Shellfish Survey" (2008).
The EENF described beach nourishment efforts undertaken within the past 28 years on
DNSI. Two major nourishment projects were completed, one in 1985 and the other in 1999
2000. The nourishment areas ofthese two projects were set as a template for the proposed
project. The 1985 effort consisted of the placement of approximately 120,000 cy of sand along a
section of beach starting at West Bay inlet and extending 2,400 feet westward. The nourishment
berm profile was established at elevation 12.0 National Geodetic Vertical Datum (NGVD) at a
width of 100 feet. Source material was dredged from the West Bay inlet entrance channel and
had a stated design life of 10 years. Semi-annual monitoring revealed that by 1993, only 7
percent of the nourishment volume remained in the template area. The 1999-2000 nourishment
totaled 212,400 cy of material, with an elevation of 13 and a berm crest width of 150 feet. The
sand used for this project was dredged from Cotuit and West Bay inlets. Approximately 69
percent ofthe fill volume has been lost from the nourishment area, redistributing and accreting at
the west end ofDNSI. According to the EENF, the 1999-2000 beach nourishment program has
exceeded its design life, resulting in severe scarping of the remaining nourishment areas. The
EENF included the Dead Neck Beach Nourishment Monitoring and Data Analysis Report from
2013 as supporting documentation for the rate and location of erosion and accretion on DNSI. It
is estimated that an additional 72,200 cy of material was lost between 2007 -2013.
The EENF also included a report detailing the potential effects of the proposed Cotuit
entrance channel dredging on coastal processes and coastal flooding. While this navigation
channel was dredged three times since 1934, the general coastal trend is for the western end of
DNSI to continually accrete, causing the Cotuit Bay entrance to shoal and become less
hydraulically efficient. The proposed dredging will create a wider tidal inlet compared to current
conditions. Therefore, the Proponent completed an analysis of how these changes may alter local
coastal dynamics in the Preferred Alternative. According to the ENF, from 1968 to 2001 the
Cotuit mainland shoreline was generally stable with erosion or accretion rates at generally less
than one foot per year. However, between 2001 and 2011, the erosion rates have increased along
the entire Cotuit mainland shoreline, with the greatest increase in erosion rates along the
shoreline directly across from Sampson's Island spit. Hydrodynamic modeling indicates that a
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EEA# 15197 Expanded ENF Certificate June 27, 2014
widened inlet will reduce tidal currents along the areas between Loop Beach and Bluff Point on
the Cotuit mainland shoreline. This report also concluded that a series of offshore shoals
seaward of the Cotuit Bay entrance provide natural protection from significant storm waves
along this shoreline and will continue to do so regardless of the spit length maintained at
Sampson's Island. Notably, the EENF indicated that the predicted flood elevations associated
with a 10-year storm surge overtop all of the proposed spit area impacted by the proposed
dredging, and provide minimal flood protection to the Cotuit mainland shoreline in this area.
Alternatives Analysis
The EENF described a number of potential project alternatives, including a No Action
Alternative. The EENF concluded that the No Action Alternative would result in ongoing
erosion at the eastern end of DNSI, leading to negative impacts to rare species, coastal beach and
barrier beach wetland resource areas, and the storm damage provisions of the WP A. Accretion
at the western end of DNSI would continue to negatively alter water circulation, erosion of the
opposite shore, and navigation. The EENF estimated that at present erosion rates and without re
nourishment, absent breach by a significant storm, it will take no more than five to eight years
for DNSI to breach at the east end of Dead Neck. This is expected to negatively impact the
estuarine system, infill the Seapuit River navigation channel, result in a loss of salt marsh and
shellfish resources, and enhance predator access to endangered bird nesting areas. The No Action
Alternative was dismissed due to unacceptable environmental and navigation safety impacts.
The EENF also evaluated potential alternative sources of nourishment material. These
alternative sources include 1) dredging of the full Cotuit Bay entrance channel as a closed-loop
program of "back-passing" within the DNSI system (the Preferred Alternative); 2) periodic
channel dredging; 3) off-shore sand mining, and 4) upland supply and delivery. A key factor in
sourcing material was ensuring that sufficient supply would be available for long-term
maintenance of the constantly eroding east end of Dead Neck.
The Preferred Alternative was selected as it was deemed to allow for the most effective
management of sediments within the self-contained littoral system between the West Bay jetties
and the Cotuit Bay entrance. Potential modifications to the Preferred Alternative that may
reduce environmental impacts were reviewed and not slated for implementation as they
conflicted with the habitat restoration and storm prevention damage goals of the project. For
example, steepening the beach face slope beyond the 10:1 minimum would reduce the volume of
material required for beach restoration, reduce wetland resource areas impacts, and impacts to
shellfish habitat, but these slopes are incompatible with the primary goal of shorebird habitat
restoration. Lowering the height of the beach nourishment template would also reduce
nourishment volumes and wetland resource area impacts, but would reduce overall beach
stability due to the mapped 100-year storm elevations and the potential impacts of predicted sea
level rise and climate change. The Preferred Alternative is designed to balance multiple natural
resource goals.
Periodic dredging of the centers of existing channels in the Three Bays system was
determined to have insufficient material volumes (only 22,000 cy with infill rates of 1,500 cy per
year) and was dismissed as the source for nourishment material. Off-shore sand mining was
6
EEA# 15197 Expanded ENF Certificate June 27, 2014
dismissed as an infeasible option due to pennitting challenges associated with the ACOE and the
National Marine Fisheries Service (NMFS), discouragement of sand mining in waters less than
20 meters in depth (the nearest suitable location was identified as 10.5 nautical miles away in the
Nantucket Sound Main Channel off Oak Bluffs), and lack of available equipment through the
Barnstable County Dredge . Finally, on-shore sources of sand were deemed infeasible as there is
no direct access from DNSI to the mainland to truck in material.
MassDEP indicated that in this particular instance, the concept of back-passing sand from
an accretion area to an erosive area appears to be a reasonable way of balancing protection of the
various natural resources in and around DNSI. While additional work remains for the Proponent
during the pennitting process, the EENF provided a sufficient analysis of project alternatives, an
assessment of competing natural resource interests and project-related impacts, and proposed
adequate mitigation measures. The Preferred Alternative is conditionally supported by CZM,
MassDEP, and NHESP if designed and implemented in accordance with applicable perfonnance
standards and regulations.
Wetlands and Waterways
The project involves alteration of coastal wetland resources areas protected under the
WPA and its implementing regulations (310 CMR 10.00) including: Barrier Beach, Coastal
Beach, Coastal Dune, LUO, Land Subject to Coastal Stonn Flowage (LSCSF) and Land
Containing Shellfish.
The EENF categorized the proposed dredging of the Cotuit Bay entrance channel as
"maintenance" dredging given the historic dredging perfonned in 1934, 1947, and 1967 and the
corresponding historically pennitted dredge footprint and depth. As noted by MassDEP, these
dredge/excavation projects were conducted prior to the promulgation of the coastal Wetlands
Protection Act Regulations on August 10, 1978. The project proposes to reestablish the channel
width created by the 1934 dredge project as a means to obtain sufficient material to restore the
barrier beach profile and restore shorebird habitat on DNSI.
While the EENF has sufficiently demonstrated the volume of nourishment material
required to meet the stated project goals, the classification of the dredging portion of the project
as maintenance dredging is inaccurate. MassDEP does not believe that the post-1934 dredge
channel footprint should be detenninative in establishing the project's size/scope. Notable
factors include the performance standards established for dredging and protection of wetland
resource areas adopted in the intervening 80 years, as well as the issuance of an Order under the
Wetlands Restriction Program in 1980 that applies to the property and regulates activities such as
maintenance and expansion dredging. Furthennore, the placement of sand landward of mean
high water (MHW) inhibits the classification of the project as solely maintenance dredging, as
these areas are regulated under the WPA, not the c.91 or Section 401 Water Quality Certification
pennitting programs. Finally, as explained by MassDEP, these programs presume that
maintenance dredging is undertaken for navigational purposes which, in this case, is not the
primary driver of the project design or the volume of sediment proposed for relocation.
7
EEA# 15197 Expanded ENF Certificate June 27, 2014
The EENF provided a discussion of how the project meets specific WP A perfonnance
standards, but additional infonnation and supporting analysis is required during the pennitting
process to demonstrate that perfonnance standards can be met for impacts to Coastal Beach and
Coastal Dune in light of the project not meeting the maintenance dredging classification. The
Proponent will be required to perfonn an additional analysis of alternatives to the proposed
channel width, dredge volume, and excavation volumes to address relevant regulations regarding
LUO and Coastal Beach at 310 CMR 10.25(3) and (4) and 10.27(6). A demonstration of no
adverse effect on the function of the Coastal Beach, Coastal Dune, and Barrier Beach will need
to be made along with showing that the selected alternative protects the interest of stonn damage
prevention and flood control as required at 310 CMR 10.27(3), 10.28(3), and 10.29(3). This
revised regulatory alternatives analysis should also consider the effect of the Wetland Restriction
on the viability, scope and conditions of the proposal. As noted by MassDEP, this review is
suitable for completion as part of the pennit review process.
While the EENF also stated that the project will improve water quality in the vicinity of
the widened navigation channel, no data were provided, nor was a nitrogen monitoring plan
discussed, to demonstrate future reduction in nitrogen levels. While limited water quality
improvements may be an ancillary benefit of the project, the project does not appear to constitute
a significant water quality improvement project for Cotuit Bay.
The project will be designed and implemented using Best Management Practices (BMPs)
related to siltation and erosion control, design and location of discharge basins and dewatering
areas, and nourishment slope profiles. The dredge footprint for the clay/silt material will be
enclosed with bottom weighted floating siltation curtains and a closed environmental dredge
bucket will be used to limit siltation in the water column. Turbidity BMPs also include the use
of dewatering basins and real-time monitoring of turbidity plumes (in the event of which
dredging will shut down and the cutter head moved away). Only beach compatible material will
be used on the nourishment sites. The EENF included the results of sediment testing that confinn
the availability of compatible beach nourishment material from the proposed dredge area.
At the completion of the 5-year dredging and renourishment schedule, the Proponents
propose to maintain the barrier beach system through regular nourishment with smaller quantities
every two to three years. The EENF estimated that approximately 12,000 cy of material (the
annualized erosion rate along DNSI from 1999 to 2013) would be required on an annual basis to
maintain the beach in the proposed restored fonn. Pennitting and monitoring of this ongoing
annual nourishment should be directly addressed with State Agencies to ensure compliance with
perfonnance standards, the CMP, and other pennit requirements.
According to the Division of Marine Fisheries (DMF) several areas along the north shore
(Seapuit River) of DNSI are mapped horseshoe crab (Limulus polyphemus) spawning habitat.
The north shore of DNSI also contains mapped shellfish habitat for American oyster
(Crassostrea virginica), bay scallop (Argopecten iraradians), Quahog (Mercenaria mercenaria),
Soft Shell Clam (Mya arenaria). Mapped bay scallop habitat is located offshore of the proposed
dredging location in the Cotuit Bay entrance channel and oyster habitat is located in the western
portion of the cove on DNSI, adjacent to the proposed Phragmites control area. Shellfish surveys
conducted in 2008 by the Proponent stated that no shellfish were observed along the Nantucket
8
EEA# 15197 Expanded ENF Certificate June 27, 2014
Sound-facing side of Dead Neck Beach. Three commercial shellfish species were identified
during the survey on the north shore of Dead Neck Beach: quahog, soft-shelled clam, and Razor
Clam (Ensis directus).
Additional observations conducted by Barnstable natural resources staff indicate low
populations of quahogs in the Cotuit Bay portion of the project, noting difficulty in actively
shellfishing the population and lack of quahog settlement and recruitment due to the rocky
substrate 30 to 40 feet seaward of mean low water. Other shellfish species were not observed in
this area. The Barnstable Shellfish Committee stated that it has no issues with the first phase of
the project, but requested further review for subsequent phases. The Proponent should include
shellfish monitoring and surveys, as conditioned by the Barnstable Conservation Commission or
State Agencies as part of project monitoring efforts. As noted by comments from the National
Oceanic and Atmospheric Administration (NOAA), additional information regarding potential
impacts to fisheries and shellfish resources within the dredge footprint of the Cotuit Bay entrance
channel will be required as part of the federal regulatory permitting process. An Essential Fish ·
Habitat (EFH) assessment will be required pursuant to the Magnuson Stevens Fishery
Management Act. The Proponent should review the NOAA comment letter for guidance on
additional information that may be required and contact NOAA directly with any questions prior
to preparation of the EFH assessment.
Cotuit Bay provides spawning habitat for winter flounder (Pseudopleuronectes
americanus). No significant areas of eelgrass or other subaquatic vegetation have been identified
within the proposed dredging or nourishment areas, but an area offshore the southeast tip of
Dead Neck at the entrance to West Bay has been historically mapped as an eelgrass meadow.
BMPs for use during the nourishment process should be selected to limit impacts to eelgrass.
As noted in the DMF comment letter, a series of TOY restrictions should be established
to reduce potential impacts to shellfish and fisheries resources. These recommended TOYs
include:
• January 15 to June 30 -restriction on all in-water, silt-producing work to protect
spawning winter flounder and their demersal eggs (January 15 -May 31) and to
protect staging adult horseshoe crabs (May 1 to June 30).
• May 1 -July 31 -restriction on beach fill deposition to occur outside horseshoe
crab nesting period.
Finally, the Proponent should incorporate DMF recommendations regarding
compatibility of beach nourishments grain size to protect horseshoe crab habitat.
Rare Species
DNSI provides wildlife habitat and nesting habitat for a number of federally and/or State
listed endangered coastal birds including the Piping Plover, Least Tern, and Common Tern. The
American Oystercatcher (Haematopus palliates) also nests on the island and is listed as a Species
of high concern in shorebird conservation plans for the Eastern and Gulf Coasts. DNSI also
serves as a pre-migration fall staging area of Common Terns and Roseate Terns (Sterna
9
EEA# 15197 Expanded ENF Certificate June 27,2014
dougallii) and other shorebird species. I note that the Piping Plover and Roseate Tern are also
federally protected as "Threatened" and "Endangered", respectively, pursuant to the U.S.
Endangered Species Act (ESA, 50 CFR 17.11). The EENF included a copy of the narrative
provided during the local Notice of Intent and MESA review process characterizing project area
rare species habitat, outlining potential project impact to rare species, and proposed management
opportunities.
In a letter dated December 17,2013, NHESP determined that the proposed project will
result in a "take" of the Piping Plover due to disruption of feeding, breeding and migratory
behaviors, as well as a loss of habitat. The project will require a Conservation and Management
Permit (CMP) to proceed in accordance with the MESA. The Proponent will be required to meet
specific performance standards outlined in the MESA regulations to effectively avoid, minimize
and mitigate impacts to State-listed species.
The EENF included a description of potential CMP content to meet MESA permitting
requirements. This proposed CMP included a statement of project goals, project description,
timelines and actions associated with a beach management plan, a description of landform and
vegetation management activities (e.g., slope maintenance, selective tree removal, etc.),
disturbance management tasks (e.g., beach patrols, signage, educational public outreach, etc.),
and predator management techniques (e.g., monitoring, trapping, lethal control, etc.).
The Proponent has consulted with NHESP prior to developing an endangered species
mitigation plan which includes creating and maintaining suitable habitat, implementing a
predator control program, and reducing disturbances due to recreational activities. The NHESP
comment letter indicated that, subject to completion of the CMP process, it appears the proposed
project will qualify for a CMP. I remind the Proponent that since the Piping Plover is also a
federally-listed endangered species, the United States Fish and Wildlife Service (USFWS) must
also perform a review of the project in accordance with applicable regulations. It is possible that
additional or altered mitigation for impacts to rare species may be required to satisfy mitigation
requirements for both permitting agencies. Therefore, the Proponent should commence
coordination with the USFWS prior to, and during the State CMP process to ensure that all
standards will be met.
Greenhouse Gases
The project is subject to the MEPA Greenhouse Gas Policy and Protocol (GHG Policy)
because it exceeds thresholds for a mandatory EIR. The GHG Policy includes a de minimus
exemption for projects that will produce minimal amounts of GHG emissions. This is an
environmental restoration project that is designed to improve habitat and provide new
recreational opportunities. GHG emissions will be limited to the construction period of the
project. As such, this project falls under the de minimus exemption; therefore, the Proponent is
not required to prepare a GHG analysis.
10
EEA# 15197 Expanded ENF Certificate June 27, 2014
Monitoring
The Proponent will prepare a report after each project phase including, at a minimum,
water temperatures during dredging, turbidity at dredge and dewatering sites, post dredge
surveys, an update of the annual DNSI Shoreline Report, an update of the Cotuit Shoreline
Report, and an update on the annual Coastal Shorebirds Report outlining the results of the
monitoring and management plan.
The Proponent will also continue to perfonn biological monitoring on DNSI to monitor
abundance, distribution, reproductive success, limiting factors, and responses to habitat changes
and management of nesting Piping Plovers and Least Terns. Monitoring of rare species habitat
should be perfonned in accordance with requirements and conditions set forth during the MESA
pennitting process and the associated federal pennitting process under the ESA.
While the EENF indicated that the back passing of sediment from the western end to the
eastern end of DNSI is not expected to have any adverse influence upon the neighboring Cotuit
Shoreline, the Proponent has committed to a Shoreline Monitoring and Mitigation Plan. The
Proponent will evaluate five shore perpendicular control transects, spaced approximately 500
feet apart, from Loop Beach to the tip of Bluff Point. This program will allow for monitoring of
accretion or erosion, any longshore variability in beach width indicative of "hot spot" erosion,
and future nourishment needs to maintain the Cotuit shoreline sediment supply. Monitoring
reports will be prepared annually for the first three years and again at six years after completion
of the back passing project. As requested by MassDEP, the Proponent should provide baseline
shoreline change data for the nearby Cotuit shoreline, as well as more specifics of a proposed
beach nourishment program prior to project pennitting. MassDEP also recommended amending
the NOI application to include future beach nourishment of the adjacent Cotuit shoreline. Such
an amendment should establish thresholds for re-nourishment or ceasing additional
removal/relocation of the barrier beach/dune from DNSI.
A comprehensive monitoring plan, consolidating various monitoring efforts responsive to
the various State and federal agency and pennitting requirements should be compiled and
provided to all pennitting agencies to ensure consistency and limit conflicting monitoring efforts
on DNSI and the Cotuit mainland shoreline. These monitoring efforts should be undertaken with
consideration of potential opportunities for adaptive management of shorebird habitat, dredge
locations, volumes and phasing, and future beach nourishment frequency, volumes and
placement.
11
EEA# 15197 Expanded ENF Certificate June 27, 2014
Mitigation
As noted previously, the EENF identified measures to avoid, minimize and mitigate
environmental impacts. These include:
• Adherence to TOY restrictions to protect sensitive species such as horseshoe crabs,
winter flounder, and/or shorebirds as determined by the conditions of permits
subsequent to consultation with DMF, DEP, and NHESP;
• Use of Best Management Practices (BMPs) for siltation and erosion control, design
and location of discharge basins and dewatering areas, and nourishment slope
profiles.
• Renourishment will consist of appropriately sized, beach compatible material based
on sediment testing.
• The Proponent will obtain a CMP from the NHESP. The project will avoid, minimize
and mitigate impacts to State-listed species consistent with the following performance
standards: (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; and (c) the applicant agrees to carry out
a CMP that provides a long-term Net Benefit to the conservation of the State-listed
species impacts.
• The Proponent will obtain a c.91 Waterways Permit and a Section 401 Water Quality
Certificate from MassDEP, as well as an Order of Conditions from the Barnstable
Conservation Commission.
• The Proponent will undertake a comprehensive and multi-faceted monitoring
program to evaluate project achievement of habitat restoration and storm damage
prevention goals, inform future phases of dredging and nourishment activity, and
identify additional mitigation requirements.
The Proponent has shown an ongoing willingness to work with State Agencies as part of
the pre-filing and planning process for this project. I expect that the Proponent will continue to
work collaboratively with interested federal, State and local agencies/commissions during the
permitting process to further refine project mitigation measures.
Conclusion
Based on a review of the information provided by the Proponent and after consultation
with the relevant public agencies, I find that the potential impacts of this project do not warrant
further MEPA review. Specifically, State Agency comments have noted that the permitting
process will support resolution of remaining issues. The Proponent has presented sufficient
information regarding potential project alternatives, existing and proposed environmental
conditions and impacts, and appropriate and feasible mitigation. Therefore, outstanding issues
may be addressed during the extensive local, State, and federal permitting processes.
I have also issued today a Draft Record of Decision (DROD) proposing to grant a Waiver
from the requirement to prepare an EIR for the project. The DROD will be published in the next
edition of the Environmental Monitor on July 9, 2014 in accordance with 301 CMR 11.15(2),
12
EEA# 15197 Expanded ENF Certificate June 27, 2014
which begins the public comment period. The public comment period lasts for 14 days and will
end on July 23, 2014. Based on written comments received concerning the DROD, I shall issue
a Final Record of Decision or a Scope within seven days after the close of the public comment
period, in accordance with 301 CMR 11.15(6). If the Full Waiver is not approved based on
comments received on the DROD, then this Certificate on the EENF will be re-issued with a
Scope for an EIR.
June 27, 2014
Date
Comments received:
05/09/2014
05/09/2014
05/2312014
05/2412014
05/25/2014
05/27/2014
05/29/2014
05/30/2014
06/03/2014
06/03/2014
06/03/2014
06/04/2014
06/05/2014
06/06/2014
06/06/2014
06/06/2014
06/06/2014
06/06/2014
06/06/2014
06/20/2014
06/24/2014
Donald and Mary Lou Schwinn
Board of Underwater Archaeological Resources
Office of Coastal Zone Management
Richard Pisano
Larry Odence
David M. Kelly
Jim Germani
Division of Marine Fisheries
Division of Fisheries and Wildlife -Natural Heritage and Endangered Species
Program
Frederick W. Wrightson
William Gahagan
Peggy Rowland
John C. Kiley
Charles B. Swartwood, III
Richard P. Largay
Patricia Daley
Susan G. Martling
Warren and Susie Wheelwright
Robert and Susannah Johnson (2 letters plus attachment dated 1115/2013 signed
by Robert Johnson and Susannah Wheelwright)
National Oceanic and Atmospheric Administration -Greater Atlantic Regional
Fisheries Office -Habitat Conservation Division
Massachusetts Department of Environmental Protection -Southeast Regional
Office (MassDEP -SERO)
MVB/HSJ/hsj
13
•
The CommonweaCth of :Jvlassachusetts
~cutive Office of CEnergy and P,nvironmenta{ }lfjairs
100 Cam6ricfge Street, Suite 900
Deval L. Patrick
GOVERNOR
Maeve Vallely Bartlett
SECRETARY
(]Joston, !Mjl 02114
July 25, 2014
Tel: (617) 626-I 000
Fax: (617) 626-1181
http://www .mass.gov/envir
FINAL RECORD OF DECISION
PROJECT NAME
PROJECT MUNICIPALITY
PROJECT WATERSHED
EEANUMBER
PROJECT PROPONENT
DATE NOTICED IN MONITOR
:Dead Neck/Sampson's Island Restoration and
Management Project
:Barnstable
:Cape Cod
: 15197
: Three Bays Preservation, Inc., and Massachusetts
Audubon Society
:July 9, 2014
Pursuant to the Massachusetts Environmental Policy Act (M.G.L.c.30, ss. 61-62I) and
Section 11.11 of the MEPA Regulations (301 CMR 11.00), I have reviewed this project and
hereby grant a w~ver from the categorical requirement to prepare an Environmental Impact
Report (EIR). In a separate Certificate also issued today, I have set forth the outstanding issues
related to the project that can be addressed by permitting agencies.
Project Description
As described in the Expanded Environmental Notification Form (EENF), the project
includes dredging, restoration and management of Dead Neck/Sampson's Island (DNSI) by
Massachusetts Audubon Society (MAS) and Three Bays Preservation, Inc., (TBP) (collectively,
the Proponent). DNSI is a barrier island bordering Nantucket Sound in the Barnstable villages of
Osterville and Cotuit. The western third of the island, called Sampson's Island (approximately
37 acres) was donated to MAS in 1954. The remainder ofDNSI, called Dead Neck
(approximately 80 acres), has been owned by TBP since 2004. DNSI is uninhabited and
accessible only by boat, with visitation limited to those with permission to land (i.e., members of
MAS, TBP, or those having paid an admission fee). The Proponent proposes dredging the Cotuit
Bay navigation channel at the western end of Sampson's Island along with excavating coastal
beach and coastal dune (comprising a portion of the DNSI barrier beach) to use the spoil material
I
EEA #15197 Final Record of Decision July 25, 2014
for beach/dune nourishment and habitat restoration for endangered shorebirds at the eastern end
of Dead Neck. The Proponent will establish a habitat conservation and management plan to
guide the performance of a long-term maintenance ofDNSI's shorebird habitat.
According to the EENF, Dead Neck was formerly attached to the mainland of Cape Cod
at its eastern end, subsequent to which, in 190 I, a channel was dug to provide access into West
Bay. This channel is bound by two stone jetties, both of which were installed by the State on
State-owned property. These jetties and other private groins and revetments to the east create
barriers that inhibit westward littoral drift of sand to DNSI. The eastern end of Dead Neck has
· historically, and continues to experience, severe erosion which reduces habitat for bird nesting
and foraging, and limits the extent to which DNSI can provide storm damage.
The western end of Sampson's Island is subject to sediment accretion, with volumes that
currently block a substantial portion of an historic navigation channel at the entrance to Cotuit
Bay. This navigation channel was created more than a century ago and dredged by the
Massachusetts Department of Public Works in 1934, 1947, and 1967. The EENF states that the
accretion of sand has reduced the Cotuit Bay channel to approximately 230 feet wide. This has
increased the velocity of the current and directed flow towards the Cotuit shoreline, causing
erosion, and has decreased navigability of Cotuit Bay. The Cotuit Bay entrance represents the end
of the littoral system for sediment derived from the west-to-east transport along the Cotuit
mainland shoreline, as well as the east-to-west transport along DNSI. Accordingly, the EENF
concluded that sediment excavated from the western tip of Sampson's Island is at the end of the
littoral system and does not supply downdrift beaches with sediment.
Given the unique littoral drift patterns associated with DNSI, the Proponent proposes
"back-passing" sediment from the accreting spit on Sampson's Island's western end to the
sediment-starved and eroding eastern end of Dead Neck. The EENF concluded that to provide
the necessary shore protection volume for the island and restore and enhance the endangered
species habitat on DNSI, a total volume of233,600 cubic yards (cy) will be required to be
dredged and relocated. This includes 172,200 cy for beach restoration and management of the
endangered bird beach foreslope at Dead Neck, 50,000 cy to provide necessary storm damage
protection by dune restoration along the crest of the island, and 11,400 cy for habitat restoration
and management goals at critical sites on DNSI. The EENF indicated that an estimated 10,000
cy of fine-grained (silt/clay) material within the dredge area will be disposed of by upland
beneficial use and not used as part of the nourishment process. The proposed dredge footprint is
estimated at 930 feet by 680 feet, at a depth of six to eight feet, with approximately 100,000
square feet (sf) located in intertidal areas. Nourishment areas will be constructed with a slope of
1 : 1 0 or less.
Material will be hydraulically dredged using the Barnstable County Dredge, ''the
Codfish". According to the EENF, a 14-inch fixed discharge pipe will be set along the Seapuit
River with a booster pump set at the halfway point. The end of the pipe is proposed to discharge
into a settling basin located on the east end of Dead Neck approximately 8,000 linear feet (lf)
from the dredge point. It is estimated that the Codfish can dredge at a rate of 160 cy per hour
under these conditions. The material from the western end of Sampson's Island will be dredged
and pumped into the settling basin. Suspended sediment will settle and entrained water will
2
EEA #15197 Final Record of Decision July 25, 2014
percolate into the beach/Nantucket Sound. Upon completion of the dewatering process, the
material will be moved into the nourishment area by a rubber tire front end loader.
The small deposit of clay/silt material will be mechanically removed by conventional
construction equipment with a closed environmental bucket mounted on a barge. These spoils
will be deposited on a second barge and moved to the Town's Loop Beach for dewatering by
gravity/evaporation in the parking lot. The material will be transferred to an approved upland
facility for beneficial reuse.
The EENF identified the following scope and timing for the project:
• Year 1-dredge 40,000 cy from the west tip of Sampson's Island and nourish
eastern and southern portions ofDNSI, with time-of-year (TOY) restrictions
established to avoid impacts to fish, shellfish and state-listed shorebirds;
• Year 2-dredge 62,000 cy from the west tip of Sampson's Island and nourish
eastern and southern portions ofDNSI, with TOY restrictions established to avoid
impacts to fish, shellfish and state-listed shorebirds;
• Year 3 -conduct monitoring to evaluate the effects of dredging and beach
nourishment on adjacent shorelines and biota, including shorebird use of nesting
and foraging habitat;
• Year 4 -dredge 63,000 cy from the west tip of Sampson's Island and nourish
eastern and southern portions ofDNSI, with TOY restrictions established to avoid
impacts to fish, shellfish and state-listed shorebirds; and
• Year 5-dredge 63,000 cy from the west tip of Sampson's Island and nourish
eastern and southern portions ofDNSI, with TOY restrictions established to avoid
impacts to fish, shellfish and state-listed shorebirds.
Dredging and beach nourishment activities will directly and permanently impact wetland
resource areas regulated under the Massachusetts Wetlands Protection Act (WPA). According to
the EENF these impacts to wetland resource areas were tabulated as follows:
• Land Under Ocean (LUO) and Land Containing Shellfish-144,055 sf(dredging);
206,250 sf (nourishment); and
• Barrier Beaches-428,000 sf (dredging) and 363,200 sf (nourishment).
The EENF classified several Management Areas within the 120-acre DNSI site. These
management areas contain wetland resource areas that will likely be impacted in conjunction
with ongoing management activities. These activities include:
• Habitat Enhancement;
• Beach Enhancement;
• Beach Nourishment;
• Vegetation Control;
• Invasive Species (i.e., Phragmites) Control; and
• Tree Management for Predator Management.
3
EEA #15197 Final Record ofDecision July 25, 2014
DNSI and its surrounding waters are mapped as habitat for endangered species in the
Massachusetts Natural Heritage and Endangered Species Program (NHESP) Natural .Heritage
Atlas (13th Edition, 2008). In 2000, TBP sponsored a Dead Neck nourishment project with
225,000 cy of compatible sand material, beach grass plantings and snow fencing to enhance
nesting and foraging habitat for the Piping Plover (Charadrius melodus), Least Tern (Sternula
antillarum), and Common Tern (Sterna hirundo). After an initial increase in nesting pairs of
these species, nesting at the site and associated productivity declined after 2006. The EENF
indicated that key factors in the loss of productivity are related to limitations to chick access to
foraging areas and refuge habitat due to the steep scarping of the ocean side of Dead Neck and
high rates of predation. Currently, Piping Plover nesting areas are located on areas of unvegetated
coastal beach, which are narrow and low, and subject to overwash and loss during spring high
tides and storm events. Tern populations are nesting in areas of the Coastal Dune, and in areas of
what remains of the Barrier Beach.
Jurisdiction
This project is subject to MEPA review and requires the preparation of a mandatory EIR
because it requires State Agency Actions and will result in the alteration of ten (1 0) or more acres
of other wetlands (301 CMR 11.03(3)(a)(l)(b)). The project also exceeds MEPA ENF
thresholds associated with greater than two acres of disturbance of designated Priority Habitat
(301 CMR 11.03(2)(b)(2)); alteration of coastal dune and barrier beach (301 CMR
11.03(3)(b)(l)(a)); and dredging of 10,000 or more cubic yards of material (301 CMR
11.03(3)(b )(3)).
The project will require a Chapter 91 (c.91) Waterways Permit and a Section 401 Water
Quality Certificate from the Massachusetts Department of Environmental Protection (MassDEP).
A Conservation and Management Permit (CMP) will be required from NHESP in accordance
with the Massachusetts Endangered Species Act (MESA). The project will also require an Order
of Conditions from the Barnstable Conservation Commission, or in the case of an appeal, a
Superseding Order of Conditions from MassDEP.
The project will require Federal Consistency Certification from the Massachusetts Office
of Coastal Zone Management (CZM). A Permit from the United States Army Corps ofEngineers
(ACOE) will be required in accordance with Section 404 of the Federal Clean Water Act.
Because the Proponent is not seeking Financial Assistance from the Commonwealth for
the project, MEPA jurisdiction extends to those aspects of the project that are within the subject
matter of required or potentially required state permits and that may cause Damage to the
Environment as defined in the MEP A regulations. In this case, MEP A jurisdiction extends to
wetlands, water quality, waterways and rare species.
Waiver Request
In accordance with Section 11.05(7) of the MEP A regulations, the Proponent submitted
an EENF for the project with a request that I provide a Waiver of the Mandatory EIR
requirement. The EENF was subject to an extended comment period pursuant to Section
4
EEA #15197 Final Record of Decision July 25, 2014
11.06( 1) of the MEP A regulations. The Proponent requested an extension of the comment period
for an additional two weeks, concluding the comment period on June 20, 2014. The EENF
generally described how the project proposes to meet the wavier criteria outlined in 301 CMR
11.11. The waiver request was discussed at the consultation/scoping session for the project
which was held on May 19, 2014.
Standards for All Waivers
The MEPA regulations at 301 CMR 11.11(1) state that I may waive any provision or
requirement in 301 CMR 11.00 not specifically required by MEPA and may impose appropriate
and relevant conditions or restrictions, provided that I find that strict compliance with the
provision or requirement would:
(a) Result in an undue hardship for the Proponent, unless based on delay in compliance
by the Proponent; and,
(b) Not serve to avoid or minimize Damage to the Environment.
Determinations for an EIR Waiver
The MEP A regulations at 301 CMR 11.11 (3) state that, in the case of a waiver of a
mandatory EIR review threshold, I shall at a minimum base the finding required in accordance
with 301 CMR 11.11(l)(b) stated above on a determination that:
(a) The project is likely to cause no Damage to the Environment; and,
(b) Ample and unconstrained infrastructure facilities and services exist to support those
aspects of the project within subject matter jurisdiction.
Findings
Based upon the information submitted by the Proponent and after consultation with the
relevant State Agencies, I find that the waiver request has merit and that the Proponent has
demonstrated that the proposed project meets the standards for all waivers at 301 CMR 11.11(1).
I find that strict compliance with the requirement to prepare a mandatory EIR for the project
would result in undue hardship for the Proponent as it would only serve to lengthen the review
process beyond the thorough permitting processes. Additionally, the mandatory EIR threshold
associated with wetland alteration is integral and necessary given the restoration goals and
objectives of the project.
The Proponent asserts that preparation of an EIR would not avoid Damage to the
Environment because associated environmental impacts have been identified through the
preparation of materials in conjunction with the EENF and ongoing monitoring and data
gathering efforts on DNSI. The EENF included supporting documentation that identified
potential environmental impacts, a description of the dredging and habitat restoration
components of the project, and an analysis of dredging/nourishment alternatives. The EENF
contained a set of design plans identifying wetland resource areas, existing and proposed
5
EEA #15197 Final Record of Decision July 25, 2014
conditions, and specific types of habitat management areas. Several consultant-prepared
technical memoranda/reports were also included in the EENF that helped inform project design,
particularly with regard to sediment transport, ecological resources, and impacts to the Cotuit
Bay channel entrance.
The EENF included a description of potential CMP content to meet MESA permitting
requirements. This proposed CMP included a statement of project goals, project description,
timelines and actions associated with a beach management plan, a description of landform and
vegetation management activities (e.g., slope maintenance, selective tree removal, etc.),
disturbance management tasks (e.g., beach patrols, signage, educational public outreach, etc.),
and predator management techniques (e.g., monitoring, trapping, lethal control, etc.). The
Proponent consulted with the NHESP prior to drafting this proposed CMP.
I received comments on the DROD concerning project priorities and goals, future
permitting review and monitoring programs, and the general efficacy of the project. MEPA does
not approve or deny a project, but serves as a forum for a project proponent to identify potential
project-related environmental impacts and propose mitigation measures to offset these potential
impacts prior to the taking of State Agency Actions. This project, like other restoration projects
subject to MEP A review, may result in impacts to certain resource areas (e.g., piping plover
habitat, barrier beach), to achieve longer-term improvements and habitat function. I am
confident that balancing environmental restoration and recreational goals can be met by this
project through the conditions set forth below. State Agency comments have noted that the
permitting process will support resolution of remaining issues. The Proponent presented
sufficient information regarding potential project alternatives, existing and proposed
environmental conditions and impacts, and appropriate and feasible mitigation in support of the
waiver request. In addition, I note that subsequent permitting will provide additional
opportunities for public review and comment on the project.
I also find that compliance with the requirement to prepare an EIR for the project would
not serve to avoid or minimize Damage to the Environment. In accordance with 301 CMR
11.11 (3 ), this finding is based on my determination that:
1. The project is not likely to cause Damage to the Environment The project will employ the
following mitigation measures to ensure the impacts of the project are avoided, minimized
and mitigated:
• Adherence to TOY restrictions to protect sensitive species such as horseshoe crabs,
winter flounder, and/or shorebirds as determined by the conditions of permits subsequent
to consultation with DMF, DEP, and NHESP;
• Use of Best Management Practices (BMPs) for siltation and erosion control, design and
location of discharge basins and dewatering areas, and nourishment slope profiles.
• Renourishment will consist of appropriately sized, beach compatible material based on
sediment testing.
• The Proponent will obtain a CMP from the NHESP. The project will avoid, minimize and
mitigate impacts to State-listed species consistent with the following performance
standards: (a) the applicant has adequately assessed alternatives to both temporary and
6
EEA #15197 Final Record of Decision July 25, 2014
permanent impacts to State-listed species; (b) an insignificant portion of the local
population would be impacted by the project; and (c) the applicant agrees to carry out a
CMP that provides a long-term Net Benefit to the conservation of the State-listed species
impacts.
• The Proponent will obtain a c.91 Waterways Permit and a Section 401 Water Quality
Certificate from MassDEP, as well as an Order of Conditions from the Barnstable
Conservation Commission.
• The Proponent will undertake a comprehensive and multi-faceted monitoring program to
evaluate project achievement of habitat restoration and storm damage prevention goals,
inform future phases of dredging and nourishment activity or adaptive management
techniques, and identify additional mitigation requirements.
• The Proponent will continue to work collaboratively with interested federal, State and
local Agencies during the permitting process to further refine project mitigation
measures. The Proponent will consider the recommendations provided by MassDEP,
DMF, NOAA, CZM, and the NHESP, regarding potential mitigation strategies to further
reduce potential impacts to fisheries and wildlife resources. The Proponent will review
these recommendations and address how they may be incorporated into the project, or if
deemed infeasible, explain why, as part of the associated State or federal permitting
processes. As appropriate, these recommendations may be incorporated as conditions of
approvals within the anticipated State permitting processes.
2. Ample and unconstrained infrastructure facilities and services exist to support those aspects
of the project within subject matter jurisdiction:
• The project does not require any infrastructure or services to accomplish its overall
goal of dredging and beach nourishment. Therefore, this criterion has been met by the
project.
Conclusion
Based on these findings, I have determined that this waiver request has merit, and issued
a DROD on June 27,2014, which was published in the Environmental Monitor on July 9, 2014
in accordance with 301 CMR 11.15(2), which began the public comment period. The public
comment period lasted for 14 days and ended on July 23, 2014. Accordingly, I hereby grant a
waiver from the requirement to prepare a mandatory Environmental Impact Report (EIR), subject
to the above findings and conditions.
July 25. 2014
Date
7
EEA #15197 Final Record of Decision July 25, 2014
Comments received on the DROD
07/09/2014
07/15/2014
07/15/2014
07/2112014
07/2112014
07/23/2014
07/23/2014
07/23/2014
07/23/2014
Warren Wheelwright (six total attachments, three attachments dated 06/05/14,
eelgrass report, 2010 and 2011 Audubon Shorebird reports)
James W. Gould
Richard J. Kornblum
Susan Martling
Petition with 68 signatures
Robert and Susannah Johnson
Warren and Susie Wheelwright
Carol Lyall
Susie Wheelwright (with attached letters of comments to Barnstable Conservation
Commission during the local Notice of Intent process)
Comments received on the EENF:
05/09/2014
05/09/2014
05/23/2014
05/24/2014
05/25/2014
05/27/2014
05/29/2014
05/30/2014
06/03/2014
06/03/2014
06/03/2014
06/04/2014
06/05/2014
06/06/2014
06/06/2014
06/06/2014
06/06/2014
06/06/2014
06/06/2014
06/20/2014
06/24/2014
MVB/HSJ/hsj
Donald and Mary Lou Schwinn
Board of Underwater Archaeological Resources
Office of Coastal Zone Management
Richard Pisano
Larry Odence
David M. Kelly
Jim Germani
Division of Marine Fisheries
Division of Fisheries and Wildlife-Natural Heritage and Endangered Species
Program
Frederick W. Wrightson
William Gahagan
Peggy Rowland
John C. Kiley
Charles B. Swartwood, III
Richard P. Largay
Patricia Daley
Susan G. Martling
Warren and Susie Wheelwright
Robert and Susannah Johnson (2letters plus attachment dated 1115/2013 signed
by Robert Johnson and Susannah Wheelwright)
National Oceanic and Atmospheric Administration-Greater Atlantic Regional
Fisheries Office -Habitat Conservation Division
Massachusetts Department of Environmental Protection -Southeast Regional
Office (MassDEP -SERO)
8
DEPARTMENT OF THE ARMY PERMIT
Permittee Three Bays Preservation Inc. and Mass Audubon Society Inc .
NAE-2013 -0 2073
Permit No.--------------
Issuing Office _N_' _e_w_E_n_,,g.._l_an_d_D_1_· s_tr_i_ct_
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in .accordance with the terms and conditions specified below.
Project Description :
To dredge and maintain 133 ,600 cubic yards of clean sand from a 218,400 square foot area of Nantucket Sound and
Cotuit Bay to a depth of -8 feet below mean low water (ML W). The dredged material will be used as follows :
1. 102,200 cy of sand will be placed over a 300,010 square foot area for beach nourishment at the eastern end
of Dead Neck Sampson's Island (DNSI);
(Project Description Continued on Page 4)
This work is shown on the attached plans entitled, "Sketch Plan, Proposed Land Management Areas on Dead
Neck/Sampson 's Island, Barnstable (Osterville), Mass" on one sheet, and dated "August 29, 2012" and last revised
"09/1 5/1 4 " and on "Dead Neck Sampson's Island, Dredging and Nourishment Plan, Barnstable (Osterville), Mass" on
two sheets and dated "October 14 , 2014.
Project Location :
This project is located at 0 Sampson Island/Dead Neck, Cotuit/Osterville, Massachusetts.
Latitude 4 1.607384 N and Longitude -70.432514 W
Permit Conditions :
General Conditions:
August 18 , 2022
1 . The time limit for completing the work authorized ends on--------------. If you find that you need
more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before t he above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi-
tions of this permit. You are not relieved of this requirement if you abandon t he permitted activity, although you may make
a good faith transfer to a thir_d party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should yo1:1 desire to abandon it without a good faith transfer, you must obtain a modification of
this· permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity au.thorized by
this permit, you must immediately notify this office of what you have found. We will ini tiate the Federal and state coordina-
tion required to determine if the remains warrant a recovery effort or if the site is eligible °for listing in the National Register
of Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP82 IS OBSOLETE . (33 CFR 325 (Appendix A))
1
4. If you sell the property associated with this permit, you must obtain the signature. of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a c·onditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it con-
tains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
1. The permittee shall ensure that a copy of this permit is at the work site (and the project office)
authorized by this permit whenever work is being performed, and that all personnel with operational
control of the site ensure that all appropriate personnel performing work are fully aware of its terms and
conditions. The entire permit shall be made a part of any and all contracts and sub-contracts for work that
affects areas of Corps jurisdiction at the site of the work authorized by this permit. This shall be achieved
by including the entire permit in the specifications for work. The term "entire permit" means this permit
(including its drawings, plans , appendices and other attachments) and also includes permit modifications.
(Special conditions continued on Page 4)
Further Information :
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
}() Section 10 of the Rivers and Harbors Act 0(1899 (33 U.S.C. 403).
~Section 404 of the Clean Water Act (33 U.S .C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 14ld).
2. Limits of this authorization.
a.. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges .
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitfed activities or structures caused by the activity
authorized by thls permit.
d . Design or construction deficiencies associated with th.e permitted work.
2
e. Damage claims associated with any future modification, suspension, or revocation of this p ermit.
4. Reliance on Applicant's Data: The dete_rmination of this office that issuance of this permit is not contrary to t he public
interest was made in reliance on th_e information you provided.
5. Reevaluation of Permit Decisi on. This office may reevaluate its decision on this permit at any ti me t he circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following :
a, You fail to comply with the terms and conditions of this permit.
b . The information provided by you i n support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest deci.siori .
Such a reevaluation may result in a determi nation that it is appropriate to use t he suspension, modification, and revocation
procedur es contained in 33 CFR 325 .7 or enforcement procedures such aa those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrati ve order requiring you t o comply wi t h the terms
and conditions of your permit and for the initiatfon of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish t he corrective measures by contract or otherwise and bill you for the
cost.
_6 . Ext ensiom. General condition 1 establishes a time limit for the completion of the activity aut horized by t his permit. Unless
there are circumst ances requiring either a prompt completion of the authorized activity ·or a reevaluation o f the public interest
decision, the Corps will normally give favorable consideration to a request for an extension o f this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
(PERMITTEE) (DATE)
This permit becomes ef fective when the Federal official, designated t o act for the Secretary of the Army, has signed below.
~J!~f-~:T~ ~( 1
Barbara H. Newman
Chief, Permits & Enforcement Branch
Regulatory Division
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new o w ner(s) of the property. To validate the transfer of this permit
and the associa~ed liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRA NSFEREE) (DATE)
3 _,,U ,S. GOVERNMENT PRINTING OFFICE : 19B6 -717-425
(Project Description Continued From Page 1)
2 . 20,000 cubic yards for dune restoration over a 30,000 square foot area and
3. 11 ,400 cubic yards to enhance and restore specific habitat at various locations on
DNSI.
(Special conditions continued from Page 2)
If the permit is issued after the construction specifications, but before receipt of bids or quotes ,
the entire permit shall be included as an addendum to the specifications. If the permit is issued
after receipt of bids or quotes, the entire permit shall be included in the contract or sub-contract.
Although the permittee may assign various aspects of the work to different contractors or sub-
contractors, all contractors and sub -contractors shall be obligated b y contract to comply with all
. environmental protection provisions contained within the entire permit, and no contract or sub -
contract shall require or allow unauthorized work in areas of Corps jurisdiction.
2. The permittee shall complete and return the enclosed Compliance Certification Form within
one month following the completion of the authorized work.
3. No dredging or disposal shall occur from April 1st through August 31st of any year in order
to minimize adverse impacts to Piping Plover habitat. · .
4. No in-water silt producing activities shall occur between February 1st through June 30th of
any year if the following measures are not employed.
a) All dredging and disposal shall be completed during periods of low tide.
b) All work shall be sequenced to postpone the cut to reach the coastal mean low water ·
(ML W) line until last.
5. The attached state-approved Piping Plover Management Plan ("Plan") or U.S. Fish and
Wildlife Service (USFWS) approved Piping Plover Management Agreement ("Agreement")
shall be in place and implemented for the proposed onshore dredge disposal and/or any related
construction activity ("beach nourishlnent") location prior to , during and after any disposal of
dredged material.
6 . The initial and all subsequent beach nourishment activities authorized herein, unless
otherwise directed by the Corps, shall be placed at a 10 : 1 (10 horizontal to 1 vertical) slope as
shown on the attached plans and have no . vegetation plantings.
7. All beach nourishment and related construction activities are prohibited on or within 200
(Special Conditions Continued on Page 5)
4
(Special Conditions Continued From Page 4)
meters of suitable piping plo ver nesting habitat from April 1st to September 1st of any year . If
any disposal or construction activity could unavoidably extend into this restriction period, the
permittee must notify the U.S. Fish & Wildlife Service (USFWS) at least two w eeks prior and
the Corps will require the following in order to avoid adversely affecting breeding piping
plovers:
a) A qualified piping plover monitor (a person who has skills, knowledge and ability to
conduct monitoring) must be in place by April 1st of the year in which disposal is to
occur to document location and activities of breeding plovers and to observe disposal
activities relative to plover activities durmg the upcoming disposal period. In any
calendar year, pre-disposal or related construction activity surveys shall begin one week
prior to April 1st or one week prior to the commencement of any on-site project acti vity
if the activity starts after April 1st. On at least four non-consecutive days, the piping
plover monitor shall survey the project area (including landing, staging, operation, sand-
transport and beach nourishment areas) for the occurrence of territorial , courting or
nesting piping plovers. Each day's monitoring shall consist of two separate surveys
conducted during different times of the tidal cycle ;
· b) Dredge/disposal activities must be located 200 meters or more from piping plover
territories and/or nests;
c) Plovers must be monitored continuously during project activities . Piping plover
monitoring field notes shall be provided to the USFWS upon request. Piping plo ver
monitoring is the process of observing and recording data on piping plover breeding
activities without causing disturbance to the birds under observation. Monitoring
includes, but is not limited to, detecting and recording locations of territorial and courting
adults, locating nests and incubating adults , locating broods , interpreting piping plover
behaviors, and documenting observations in legible, complete field notes. Except to
determine the number of eggs in a newly discovered nest, monitoring is done using
binoculars or spotting scopes from a distance of at least 50 meters;
d) If it is determined by the on-site qualified piping plover monitor that piping plovers are
disturbed by the activity, (i) all work shall cease immediately and (ii) the USFWS shall
be notified immediately at (603) 223-2541 for further consultation.
8. The following management actions , which also may be listed in the approved Plan or
Agreement, must be implemented each year following disposal in perpetuity as long as the
piping plover monitor determines that it remains potentially suitable piping plover nesting habitat
(habitat that contains natural features associated with known plover habitat and that could be
reasonable expected to be occupied by piping plovers either in the upcoming nesting season or in
(Special Conditions Continued on Page 6)
5
(Special Conditions Continued from Page 5)
the reasonably foreseeable future). This is to avoid adverse effects to Piping Plovers from
recreational impacts associated with the nourished beach:
a) Any suitable piping plover habitat created by work performed under this authorization
shall be managed in accordance with the USFWS, Northeast Region, April 15, 1994
document titled, "Guidelines for Managing Recreational Activities in Piping Plover
Breeding Habitat on the US. Atlantic Coast to Avoid Take under Section 9 of the
"Endangered Species Act" and the March 9 , 2015 document titled "Addendum Regarding
Timing of Management to Protect Unfledged Chicks" for managing recreational beaches
on which federally listed piping plovers may be present. These documents are located at:
www.fws.gov/northeast/pipingplover/pdf/recguide.pdf
b) The disposal area shall be posted with warning signs and/or "symbolic fencing" (two
strands of light weight string, tied between post to delineate at a 50 meter radius around
nest areas where pedestrians and vehicles should not enter) before April 1st of each year
and managed according to the Guidelines.
9. No in-water silt producing work shall occur between February 1st and October 30th, of any
calendar year in order to protect sensitive life stages of winter flounder and anadromous fish
migrations .
10 . The permittee shall conduct a shellfish survey of the proposed dredge area prior to
commencement of any dredging activity. If the survey identifies high density areas within the
project area, mitigation in the form of shellfish relocation and/or seeding shall be conducted.
11. Salt marsh habitat and productive shellfish tidal flats shall not be impacted during dredging
and beach nourishment activities.
13 . Monitoring reports for both the proposed water quality monitoring plan and the shoreline
monitoring plan shall be provided to Susan Tuxbury, Habitat Conservation Division, NOAA
Fisheries, 55 Great Republic Drive, Gloucester, MA 01930.
6
)
)
)
·,.
.'-4·--.;~ .c,~\~--·~·~ --~·
,/
··-~ ...
II
DEAD NECK I SAMPSON'S ISLAND
RESTORATION AND MANAGEMENT PLAN
LOCUS
Scale: 1:12,000
Assessors Map: NA
Parcel : NA
Latitude: 41°36'28 II
Longitude: 70°25'03 11
UTM: 4607199N
381893E
COTUIT, MASS
N4132.5-W7022.5/8 X7.5
1974
AMS 696 7 III SW-SERIES V 81 4
') ) ) :?a ~ ~ i> t¥? D lJ li::::J ~ ~ ~ a ~ ~~ ZD~=<>==-:J~ -r q ... 75'± 'NOUR~ r'·5 ~ADC ---~~-.... ~ lil .... ... ~ ~ a-: Cotuit Bay ---i----_ . . .......................................... 1m I'·'! ... ~'.':~ 1;;:_'.J ....... ~k~.Jc.~~L r=........... h ' ••••• -===· txiSWiC CRAm-Section I Scafe: 7 •.,. 20' NOTES: I,) The bo'" top09rophfc Informal/on 'hown ts from Town of Barnslob/11 CIS. 2.) The datum 1."11d Is NCVD 1929, o f11t11d moon soo loVoOI datum. [] Q~ i!b tJ 0 •00 .Q 0 o a ~o ~ 17 a.~ !;) ell C • a bJo 0. t:= 0 • r:;J i;::J Nantucket Sound I Z5't ~ g ~~. 8; C> 0 0 0 ~· F. . ........ .... -... .' ................................................ ~ .. ~--~~ .. = .... ~-~-':.~--~~! ..... ~:~-~-. .<~.~~L ... . Section II PREPARED FOR: Three Bays Preservation, 864 Main Street Osterville, MA 02655 Scale: 1 •... 20' Inc. PREPARED BY: JOO o 150 JOO soo 1200 I Draft: JOO ~---W ' ' I Rov;ow: Ps Project: 981JB Sullivan Engineering, Inc. PO Box 659 Ostervi/Je, MA 02655 (!J08)428-JJ44 (!KJ8)428-9617 faJt D~ 0 lJ 0 \\ 0 Reduce Limil of Mofntenonce Drodaln Delineate Approximoto Phasing of Dredging. Nourishment, 8c 1-/obitot Enhancements And Eliminate Beach Enhancement Areas DAT[: 09/15/14 DATr: 04/22/14 11EVISION: Modify Habitat Enhancement Area Sections & Tree Manooement Areas DAT[: OJ/07/IJ 11Tl.E: Sketch Plan Proposed Land Management Areas On Dead Neck I Sampson's Island Barnstable rostervilleJ, Mass. •nAT[: August 29, 2012 SCALE: 1"=300' ll-', ·c .,_ ~ .,_ >--~ Vi
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' "-._"-.. :--_-.... , '-,', ','•, , -.··.,···::<_,.,,:..-,;-.: .. , ', " r • " , I I , ' " -. .. '• ' ' , . ' ' , ... , ' ·., , /::·;~ ~ ;_·:</ / / ' , ' .. :~: ~~: ;•' ,/ / : : ' ' i ' <<:'.· ... ,•, 0•00.00 1+00.00 2 .. 00.00 ~,' ! i /I I I : I / ! / 1 I I I I I ... '.' : I ~\ I . \ .... \ .•. , Nantucket Sound NOT[S: PR[PAR[O FOR: '·) EleY'Otions ond Soundio9' in NA\O 'BB Oolum. 2.) Soundings were taken Ii! St:plembcr 2011. PR[PARED BY: Sullivan Engineering, Inc. PO Box 659 Ostcrvillc, MA 02655 J.) Beach Elcvotloos were token In October 2011, updol•d Aprn 2014. Three Bays Preservation, Inc. 864 Main Street Osterville, MA 02655 (508)428-JJ'f.f (50tJ)428-9fH7 fa~ 60 O JO 60 120 240 Draft: JOO Project: 98138 ~-I I I I Review: PS N w .E 3+00.00 l s l.J7' 9.Jr LOCUS PLAN !NAIO "88 a NCl/O '2$1 0 MLW -8 JJLW SCALE: I" '" 2,500' DA TUM CONVERSION 4+00.00 5+00.00 6i00.00 CENTERLl~E PROFILE SCALE~ j 1· • 60' nrw DATE: Dead Neck Sampson's Island Dredging and Nourishment Plan Barnstable rosterville), Mass. October 14, 2014 SCAL[: 1"=60' NOD.OD ~ 0 .,_ .... l::: Oi
' ) ) / CC? N .E LOCUS PLAN SC'J..E: 1· -2,500' w .;----··-. Seapuit River "'--· -·· -~ "--· s ,~-··< • APPRoX A/Lw.0 ~::?'~~~}.:::::::::::.:_:. --...... --· --... ---.;,..;,; ::::-: .. ---·· -.:.' .? .. -..:.::..: ~ ··:_: ·:..~-~:=·_:· .. ~---~~-~' -~-:· --~>::: _:_: -::.::'.:-:(,: ~ ~\ / iPPROx. M.LW. ------~ ---· --,.: _-;.._ --. .J-r~w-~-:::.·10·::.·-_---IO-~'· L~1]TI~7ift~~~~~~~-~~~~~~~~~~~,, ········ -~~ ----,-2_ __ ,.__''~-~ _,-::.~-::·= -::.-~:--~. ::: ::. : ~~ =,-.:-__ . ' -','{"-_:_:_ ::::::·:-:_:::-~,.:;= ~:~~~·~:-~:;~-:~_-·_:~::;?:' :\~~,..:-~~,:~-· r:-r.-.,~~ ...... "i"'i:i.'."'l~-~~-t'.~-':l".'"i·.'!~~-=~~~-~-:.~~--=---·-----......:... / " ., I -, ............. .,j,oo· ....... -. --····-.. ·-·-----..... ··· . ._ ....... ·· ... " 'S, ,_ -..• -::::----........... ----------"· -----------------··-... ·--·-·--· '-,, ·--·s---·-------... ........ -· ":LW..(f'l: -1:4) --·· -:::..·:: ..... -· -·····--·· ...... ···.··· ----~-------. ..... .--------···--------:5 ----· -I ~ PR£VIOUSL y APPROVED I I I I 10.00 z= ~ §7?S. . 7z_ =;:7Mrn : . ~I ~~~~ 7 ~vAtL-AB'tt=-tE--1---1-· --1----1. j I I I rr~1r::e·~1 l·I I ----0+50.00 • 0+00.00 1+00.00 2+00.00 3+00.00 SECTION DEADNECK BEAOI NOURISHMOff STA. 1'+00 TO STA. 24+00 llORIZONTAL SCALE: 1-.. 20° VERnCAL 5C'J£: t• "' 10· o. ::=:=:;;:1 z:-.. ~~:~.~~· 912J ' ' ··· ......... -.... ---. "+w. _<a.. -1.~) Nantucket Sound -1.so~----~----~----~----~~----~----~----~----~----~~----~----~----~----~----~-----~---~ 0+00.00 1+00.00 NOTES: 2+00.00 SECTION DEAONF:CK BE:ACH NOURISIJME:NT STA. o+OO TO STA. 1.5+00 f/ORIZONT.A.L SCALC: 1· -20' \.'ERnCA.L SCA.U: ,-"' 10' r.) Dcvolions ond Soundings in NAVO 088 Oo!um. 2.) Beoch (levolions were token in September 20IJ. 3•00.00 PR£PAR£0 FOR: Three Bays Preservation, Inc. 864 Main Street Ostervi//e, MA 02655 60 0 JO 50 120 240 ..... ...... I I [ ______ ; ' Pll£PAR£0 BY: Draft: JOO Review: PS Project: 98138 4+00.00 Sullivan Engineering, Inc. PO Box 659 Ostervillc, MA 02655 {$08)428-JJH {508)42tl-9617 lox ···· ... ,, ' ,, ·-. ·----.. -·----··--... ·--·-·--I··-·-.. ' ·•. '•, " ·-....o -__,, //\ \ i I· 'I• ., i •• i ..... 1-. :f ii :1 TITLE': ,, I :1 ii 01 :I 'I ······--··-··-·-· -· ·-......... . ..... ... • .. ·-9.J7' "·~ \ / '-/ a ur IHAf,fJ'88 NCVO '29 a MLW -8 MLW DA TUM CONVERSION Dead Neck Sampson's Island Dredging and Nourishment Plan Barnstable rostervilleJ, Mass. October 14, 2014 SCAlf: 1"=60' ~ a (\J ._ tl ili