HomeMy WebLinkAbout16696 ENF Cotuit Bay Entrance and Embayment Channels and Dead Neck Beach - Barnstable
The Commonwealth of Massachusetts
Executive Office of Energy and Environmental Affairs
100 Cambridge Street, Suite 900
Boston, MA 02114
Maura T. Healey
GOVERNOR
Kimberley Driscoll
LIEUTENANT GOVERNOR
Rebecca L. Tepper
SECRETARY
Tel: (617) 626-1000
Fax: (617) 626-1081
http://www.mass.gov/eea
June 9, 2023
CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS
ON THE
ENVIRONMENTAL NOTIFICATION FORM
PROJECT NAME : Cotuit Bay Entrance and Embayment Channels and Dead
Neck Beach
PROJECT MUNICIPALITY : Barnstable
PROJECT WATERSHED : Cape Cod
EEA NUMBER : 16696
PROJECT PROPONENT : Town of Barnstable
DATE NOTICED IN MONITOR : May 10, 2023
Pursuant to the Massachusetts Environmental Policy Act (MEPA; M.G. L. c. 30, ss. 61-
62I) and Section 11.06 of the MEPA regulations (301 CMR 11.00), I hereby determine that this
project does not require an Environmental Impact Report (EIR).
Project Description
As described in the Environmental Notification Form (ENF), the project consists of
dredging the existing 8-foot-deep Cotuit Bay Entrance and 10-foot-deep Cotuit Bay Embayment
Channels to restore safe navigation to the active waterfront area that supports recreational and
commercial boating needs. Vessel access and navigational safety are currently compromised due
to shoaling presently observed within the Cotuit Bay Entrance and Embayment Channels.
Proposed maintenance dredging would remove a total of 18,649 cubic yards (cy) of sediment
with 14,863 and 3,786 cubic yards associated with the entrance and embayment channels,
respectively. The Cotuit Entrance Channel would be dredged to a depth of -8.0 feet Mean Lower
Low Water (MLLW) and the Cotuit Embayment Channel would be dredged to a depth of -10.0
feet MLLW with both regions also including a 1-foot allowable overdredge and 3H:1V side
slopes. Dredging would be performed by hydraulic dredging consisting of a cutter suction
EEA# 16696 ENF Certificate June 9, 2023
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dredge, booster pump station, and high-density polyethylene (HDPE) pipe to deliver the
sediment slurry a distance of ±11,000 linear feet to Dead Neck Beach. The sediment slurry will
be dewatered in a temporary settling/dewatering basin, constructed adjacent to the nourishment
area. Dried sand will be placed and spread in the nourishment area. Nourishment material is
proposed to be deposited over an approximate 128,132 square foot region of Dead Neck Beach,
subject to state and federal approvals.
Project Site
Cotuit Bay is a part of the Three Bays region (North Bay, West Bay, & Cotuit Bay) of
Barnstable, MA and is an active waterway that provides a gateway for both recreational and
commercial vessels to/from Nantucket Sound. The entrance to Cotuit Bay includes the Cotuit
Bay Entrance Channel and Cotuit Bay Embayment Channel. The physical boundaries to the
channels are Cotuit Highlands to the West, Cotuit Bay to the North, Sampson’s Island to the
East, and Nantucket Sound to the South.
Dead Neck Beach is located at the easternmost end of Dead Neck Island in Barnstable
and is an asset to the barrier beach system; the island provides essential migratory bird habitat,
coastal threat protection, and recreational space. Dead Neck Beach is bounded by the Seapuit
River to the North, West Bay to the East, and Nantucket Sound to the South. Dead Neck Beach
has been beneficially nourished in this past using compatible dredged material. The periodic
nourishment is key to maintaining the barrier beach resource area.
Environmental Impacts and Mitigation
Potential environmental impacts associated with the project include the permanent
alteration of 208,979 square feet (sf) of Land Under Ocean (LUO), 98,006 sf of Coastal Beach,
31,697 sf of Coastal Dune, 129,703 sf of Barrier Beach and 8,515 sf of Land Containing
Shellfish. As noted above, the project will also involve the dredging of 18,649 cy of sediment.
The project site contains Priority and Estimated Habitat for rare species (Piping Plover, Common
Tern, Roseate Tern and Least Tern).
Measures to avoid, minimize, and mitigate environmental impacts include adherence to
time-of-year (TOY) restrictions for all species of concern and the reuse of dredge sediments to
nourish Dead Neck Beach, thereby restoring the barrier beach for sediment loss due to storm
events and the natural littoral drift of this system.
Jurisdiction and Permitting
The project is subject to MEPA review and preparation of an ENF pursuant to 301 CMR
11.03(3)(b)(1)(f), 11.03(3)(b)(1)(a), and 11.03(3)(b)(3) of the MEPA regulations because it
requires an Agency Action and will result in the alteration of ½ or more acres of any other
wetlands; alteration of coastal dune, barrier beach or coastal bank; and dredging of 10,000 or
more cy of material (respectively). The project requires a Massachusetts Department of
Environmental Protection (MassDEP) 401 Water Quality Certification and a M.G.L. Chapter 91
Dredge Permit. The project may also require a Conservation and Management Permit (CMP)
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from the Natural Heritage and Endangered Species Program (NHESP) as well as Federal
Consistency Review from the Massachusetts Office of Coastal Zone Management (CZM).
The project requires an Order of Conditions (OOC) from the Barnstable Conservation
Commission (or in the case of an appeal, a Superseding OOC from MassDEP) and a General
Permit from the U.S. Army Corps of Engineers (USACOE).
Because the project is not seeking Financial Assistance from an Agency, MEPA
jurisdiction extends to those aspects of the project that are within the subject matter of required
or potentially required Permits, and that are likely, directly or indirectly, to cause Damage to the
Environment.
Review of the ENF
The ENF provided a description of existing and proposed conditions, preliminary project
plans, and an alternatives analysis, and identified measures to avoid, minimize and mitigate
environmental impacts. Consistent with the MEPA Interim Protocol on Climate Change
Adaptation and Resiliency, the ENF contained an output report from the MA Climate Resilience
Design Standards Tool prepared by the Resilient Massachusetts Action Team (the “MA
Resilience Design Tool”),1 together with information on climate resilience strategies to be
undertaken by the project.
Comments from Massachusetts Department of Marine Fisheries identify concerns
regarding potential impacts to surrounding areas and provide recommendations that should be
considered during permitting to further impacts. Agencies do not request additional analysis in
the form of an EIR.
Alternatives Analysis
The ENF evaluated a No Dredge Alternative, a Mechanical Dredging Alternative, a
Hopper Dredge Alternative, and a Hydraulic Cutter Suction Dredging Alternative (Preferred
Alternative). Under the No Dredge Alternative, no dredging would occur within the Cotuit Bay
Entrance and Embayment Channels, thus continuing the deterioration of public access and safe
navigation within the waterway. Shoaling would continue to increase the potential for vessel
groundings, spills and/or release(s) of other hazardous materials into the Bay. The bottom
sediment would continue to be disrupted by vessels moving over shoaled areas resulting in re-
suspension of sediment to the water column. For these reasons, the No Dredge Alternative was
not chosen.
The Mechanical Dredging Alternative would be completed utilizing a water-based
operation consisting of a barge-mounted crane or excavator to remove sediments to the specified
grade. The mechanical dredge would place individual payloads of sediments into a scow or
material barge. The barge would then be transported the approximately 2 miles to the Dead Neck
nourishment site using a tug or pushboat via Nantucket Sound. Offloading equipment would be
needed at Dead Neck Beach to offload sediments from the material barge to the nourishment site.
1 https://resilientma.org/rmat_home/designstandards/
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A hydraulic offloader could be used to combine dredged sediment with seawater to rehandle the
material and pump to a land-based dewatering basin. Unlike the Preferred Alternative, this
alternative would not require temporary placement of a pipeline, which would limit the potential
for disturbing bottom sediment. However, hydraulic offloading equipment is not readily
available nor are many local contractors experienced in their use. The shallow waters that
surround Dead Neck Beach also are not conducive for a barge offloading operation as this
alternative presents an increased risk of vessel groundings. Mechanical Dredging is also
expected to take longer than the Preferred Alternative, which may impact TOY restrictions.
Because this alternative increases the potential for environmental impacts and is not an
economical option, it was dismissed.
The Hopper Dredge Alternative would complete the work with a hopper dredge and a
pumpout pipeline at the Dead Neck nourishment area. A hopper dredge has full sailing capacity,
and uses hydraulic pumps to load and offload sediment to/from the vessels hopper. The dredge
would load sediments from the dredge site and then sail the approximately 2 miles to the Dead
Neck nourishment site via Nantucket Sound. Dredged sediment would be mixed with seawater in
a slurry making dewatering required prior to placement at the nourishment site. Like the
Mechanical Dredging Alternative, the use of a hopper dredge would not require the temporary
placement of a pipeline, however, hopper dredges are not locally available. There are also some
limitations to using a hopper dredge which include the size and depth of the waterbodies that the
dredge will need to navigate safely. The Cotuit Bay Entrance and Embayment Channels are only
100-ft wide, with no turning basins. A hopper dredge would have extremely limited mobility at
the dredge and nourishment sites and could result in unnecessary impacts to coastal resource
areas resulting from groundouts. Since this alternative would incorporate large equipment and a
potentially out-of-region equipment, it is anticipated that the project would receive very high
bids or no bids at all. For the reasons given above, this alternative was dismissed.
The Preferred Alternative will use hydraulic cutter suction dredging to complete the
project. This type of dredge uses a rotating cutterhead to fluidize sediment from the seafloor and
seawater into a slurry, which is transported via pumps through a temporary pipeline. The slurry
is pumped into a temporary dewatering area to allow for sediments to settle and seawater to
percolate/return back into the beach/Nantucket Sound. This alternative requires much less
support equipment and minimizes the impacts of nearshore equipment, as the pipeline is
established at the start of work and broken down upon completion of dredging. This type of
dredge has performed many successful dredging and nourishment projects in the Cotuit Channels
and Dead Neck and the County owns local equipment that is ideal for this type of project. The
Town’s proposal to complete this project with the Barnstable County Dredge Program will result
in significant economic savings to the Town compared to using private contractors or any other
available dredging methodologies.
Wetlands/Waterways
The Barnstable Conservation Commission will review the project to determine its
consistency with the Wetlands Protections Act (WPA), the Wetland Regulations (310 CMR
10.00), and associated performance standards. MassDEP will review the project for its
consistency with the 401 WQC Regulations (314 CMR 9.00).
EEA# 16696 ENF Certificate June 9, 2023
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The project will result in permanent impacts to 208,979 sf of Land Under Ocean, 1,571 sf
Coastal Beach, 1,571 sf Barrier Beach and 4,379 sf Land Containing Shellfish as a result of the
dredging process. The Nourishment of Dead Neck Beach will result in permanent impacts to
31,697 sf Coastal Dune, 96,435 sf Coastal Beach, 128,132 sf Barrier Beach and 4,136 sf Land
Containing Shellfish. According to the ENF, Best Management Practices (BMPs) will be utilized
at the nourishment site to control sediment runoff and minimize turbidity during the construction
period. Comments from MassDEP state that the project will be reviewed as a water-dependent
use project in accordance with the Waterways Regulations at 310 CMR 9.12(2)(a) and a Chapter
91 Dredge Permit will be required. As part of the Chapter 91 application, the proponent will be
required to provide all historic licenses and/or permits for the areas classified as maintenance
dredging.
The Coastal Beach performance standard at 310 CMR 10.27(5) requires that beach
nourishment have clean sediment of a grain size compatible with that on the existing beach.
Nourishment material would be deposited over an approximate 128,132 square foot region of
Dead Neck Beach. Sediments from Cotuit Bay Entrance and Embayment Channels have been
deemed suitable for placement at Dead Neck Beach in a Suitability Determination issued to the
Town by the USACOE in 2022 for the 10-Year Comprehensive Dredge and Beach Nourishment
Program.
Marine Fisheries
As described in comments from the Massachusetts Department of Marine Fisheries (MA
DMF), the project site lies within mapped shellfish habitat for quahog (Mercenaria mercenaria).
Regions bordering the dredge track also include mapped habitat for soft shell clam (Mya
arenaria) as well as shellfish aquaculture grants. Waters within and bordering the project site
have habitat characteristics suitable for these species. Land containing shellfish is deemed
significant to the interest of the Wetlands Protection Act (310 CMR 10.34) and the protection of
marine fisheries.
Comments from DMF state that waters bordering the dredge track and offshore of the
nourishment site have been previously mapped by the MassDEP as eelgrass (Zostera marina)
meadows. Eelgrass beds provide one of the most productive habitats for numerous marine
species and are designated “special aquatic sites” under the Federal Clean Water Act 404(b) (1)
guidelines. Since eelgrass beds are ephemeral, any changes to eelgrass distribution that have
occurred since previous dredging events should be identified prior to all dredging activities.
Given that eelgrass has been mapped in close proximity to the proposed dredge tracks, DMF
recommends that an in-water survey be conducted within the growing season prior to dredging
to accurately delineate current eelgrass extent for the purposes of avoiding direct impacts and
also maintaining a minimum a 75-foot buffer to reduce the likelihood of indirect impacts (e.g.,
turbidity, slumping, burial). Surveys should be consistent with methods described in the DMF
Eelgrass Survey Guidelines. Given that nearshore waters off the Dead Neck nourishment site
have previously been mapped as eelgrass habitat, DMF recommends that an in-water survey for
the waters bordering the nourishment site be conducted within the growing season prior to
nourishment.
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Winter flounder (Pseudopleuronectes americanus) use Cotuit Bay as spawning habitat.
Winter flounder enter the area and spawn from January through May. The Atlantic States
Marine Fisheries Commission has designated winter flounder spawning habitat as a “Habitat
Area of Particular Concern” (HAPC). The Cotuit Bay entrance channel also provides passage
for horseshoe crabs (Limulus polyphemus) to nearby nesting beaches within Cotuit Bay.
Horseshoe crabs deposit their eggs in the upper intertidal regions of sandy beaches from late
spring to early summer during spring high tides. According to DMF, because of its dependence
on nearshore shallow beaches and channels as habitat, this species has a high risk of impact
during dredging and beach nourishment projects. DMF recommends avoidance of in-water work
from January 15 to May 31 to protect winter flounder during the spawning period, larval
settlement and juvenile development and from May 1 to June 30 to protect adult horseshoe crabs
staging to spawn in migratory channels. The combined time of year (TOY) restriction
recommendation to protect both species from dredging impacts is January 15 to June 30. The
proposed work window identified in the ENF of October to January 14th is consistent with the
TOY restrictions recommended by DMF.
Rare Species
The project site is located within Priority and Estimated Habitat for several state-listed
bird species, including the Piping Plover (Charadrius melodus) (Threatened), Least Tern
(Sternula antillarum) (Special Concern), Common Tern (Sterna hirundo) (Special Concern), and
Roseate Tern (Sterna dougalii) (Endangered). These species and their habitats are protected
pursuant to the Massachusetts Endangered Species Act (MESA) (M.G.L. c.131A) and its
implementing regulations (321 CMR 10.00). According to the filing, the proposed project is not
anticipated to impact plover or tern habitat as the proposed dredging/nourishment activities will
occur outside of the breeding season which typically occurs between April 1st – August 31st.
The nourishment site has been designed to incorporate recommendations as provided by NHESP
such that existing nesting, feeding or chick-rearing habitat is not adversely impacted by the
placement of dredge material. The Town should prepare and submit a filing for NHESP in
accordance with the MESA regulations.
Climate Change Adaptation and Resiliency
Effective October 1, 2021, all MEPA projects are required to submit an output report
from the MA Resilience Design Tool to assess the climate risks of the project. Based on the
output report attached to the ENF, the project has a “High” exposure rating based on the
project’s location for the following climate parameters: sea level rise/storm surge. A “Moderate”
exposure rating is provided for extreme precipitation (urban flooding) and extreme heat. Based
on the 10-year useful life identified for the beach and the self-assessed criticality of the project,
the MA Resilience Design Tool recommends a planning horizon of 2030 and a standard
recommendation for natural resource projects associated with the 20-year (5% annual chance)
design storm/return period for sea level rise/storm surge. Recommendations for natural resource
assets and subsequent projected values are provided as a consideration for users, not a formal
standard.
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The ENF states that the beneficial reuse of dredged sediments as beach nourishment at
Dead Neck Beach will reduce the vulnerability of the barrier beach system and improve its
ability to respond to coastal threats. The ENF does not quantify the extent of these benefits in
terms of resiliency to future storm events.
Construction Period
Construction is anticipated to begin in late October of 2023 and last approximated two
months. The proposed work window identified in the ENF is consistent with TOY avoidance.
All construction and demolition activities should be managed in accordance with
applicable MassDEP’s regulations regarding Air Pollution Control (310 CMR 7.01, 7.09-7.10),
and Solid Waste Facilities (310 CMR 16.00 and 310 CMR 19.00, including the waste ban
provision at 310 CMR 19.017). The project should include measures to reduce construction
period impacts (e.g., noise, dust, odor, solid waste management) and emissions of air pollutants
from equipment, including anti-idling measures in accordance with the Air Quality regulations
(310 CMR 7.11). I encourage the Proponent to require that its contractors use construction
equipment with engines manufactured to Tier 4 federal emission standards, or select project
contractors that have installed retrofit emissions control devices or vehicles that use alternative
fuels to reduce emissions of volatile organic compounds (VOCs), carbon monoxide (CO) and
particulate matter (PM) from diesel-powered equipment. Off-road vehicles are required to use
ultra-low sulfur diesel fuel (ULSD). If oil and/or hazardous materials are found during
construction, the Proponent should notify MassDEP in accordance with the Massachusetts
Contingency Plan (310 CMR 40.00). All construction activities should be undertaken in
compliance with the conditions of all State and local permits. I encourage the Proponent to reuse
or recycle construction and demolition (C&D) debris to the maximum extent.
Conclusion
The ENF has adequately described and analyzed the project and its alternatives, and
assessed its potential environmental impacts and mitigation measures. Based on review of the
ENF and comments received on it, and in consultation with Agencies, I have determined that an
EIR is not required.
June 9, 2023 _________________________
Date Rebecca L. Tepper
Comments received:
05/25/2023 Massachusetts Office of Coastal Zone Management (CZM)
05/25/2023 Massachusetts Division of Marine Fisheries (DMF)
05/31/2023 Massachusetts Department of Environmental Protection (MassDEP), Southeast
Regional Office (SERO)
RLT/NSP/nsp
Maura T. Healey
Governor
Kimberley Driscoll
Lieutenant Governor
Rebecca L. Tepper
Secretary
Bonnie Heiple
Commissioner
This information is available in alternate format. Contact Glynis Bugg at 617-348-4040.
TTY# MassRelay Service 1-800-439-2370
MassDEP Website: www.mass.gov/dep
Printed on Recycled Paper
May 30, 2023
Rebecca L. Tepper,
Secretary of Energy and Environment
Executive Office of Energy and
Environmental Affairs
RE: EENF and Rollover EIR Review.
EOEEA 16696. BARNSTABLE. Cotuit Bay
Entrance and Embayment Chunnel
Maintenance Dredging Project at Cotuit Bay
100 Cambridge Street, Suite 900 Entrance and Embayment Channels and
ATTN: MEPA Office Dead Neck Beach
Boston, MA 02114
Dear Secretary Tepper,
The Southeast Regional Office of the Department of Environmental Protection (MassDEP) has
reviewed the Expanded Environmental Notification Form (EENF) for the Cotuit Bay Entrance and
Embayment Chunnel Maintenance Dredging Project at Cotuit Bay Entrance Channels and Dead
Neck Beach, Barnstable, Massachusetts (EOEEA # 16696). The Project Proponent provides the
following information for the Project:
The proposed dredging project will consist of maintaining Cotuit Entrance Channel and Cotuit Embayment
Channel with the beneficial reuse of sediments at Dead Neck Beach.
Maintenance dredging will be performed to a depth of -8.0 feet Mean Lower Low Water (MLLW) in the Cotuit
Entrance Channel and a depth of -10.0 feet MLLW in the Cotuit Embayment Channel. Both channels will be
dredged with a one (1) foot allowable overdredge (O.D.) within previously authorized channel limits. A total
dredge volume of 18,649 cubic yards (CY) is proposed to be removed using hydraulic methods consisting of a
cutter suction dredge, booster pump station, and HDPE pipe to deliver the sediment slurry a distance of
±11,000 LF to Dead Neck Beach. The sediment slurry will be dewatered in a temporary settling/dewatering
basin, constructed adjacent to the nourishment area, and above MHW. Dried sand will be placed & spread in
the nourishment area.
Beach Nourishment will be performed at Dead Neck Beach within previously authorized berm elevations and
slopes. The nourishment template proposed consists of a 10H:1V shoreward slope from the Mean Low Water
line (MLW = 0.25 feet MLLW), up to a berm with elevation of 12 feet MLLW that benches flat until it ties into
the existing dune.
Sediments from Cotuit Bay Entrance and Embayment Channels have been deemed suitable for placement at
Dead Neck Beach in a Suitability Determination issued to the Town by the USACE for the 10-Year
Comprehensive Dredge and Beach Nourishment Program, NAE-2015-01632 (see Exhibit G)
EEA No. 16696 June 30, 2023
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Bureau of Water Resources (BWR) Comments
Wetlands. The applicant will need to submit a Notice of Intent (NOI) to DEP and the Barnstable
Conservation Commission for the Project. DEP notes that if the minimum submittal requirements
have been met a File Number will be issued. It is anticipated that the Barnstable Conservation
Commission will conduct a Public Hearing and issue an Order of Conditions. A final Order of
Conditions must be obtained before any work within Areas Subject to Jurisdiction commences.
The Coastal Beach performance standard at 310 10.27(5) requires that beach nourishment have
clean sediment of a grain size compatible with that on the existing beach.
The project site is mapped as estimated habitat for rare and endangered species (Piping Plover,
Common Tern, Roseate Tern, Least Tern) and therefore the Proponent must file a copy of the NOI
with the Natural Heritage and Endangered Species Program.
Work should be performed in accordance with any Time of Year Restrictions as determined by the
MA Division of Marine Fisheries, to avoid impacts to marine fisheries resources.
Waterways. The SERO Waterways Program offers the following comments on this ENF:
This Project will require the submittal of a Chapter 91 Permit Application and a 401 Water Quality
Certification (WQC).
Based on the information contained in the ENF, the Waterways Program has determined that the
proposed activities to be classified as a water-dependent use project pursuant to the Waterways
Regulations at 310 CMR 9.12.
The Project involves maintenance dredging activities. The Waterways Program considers
maintenance dredging to be dredging performed in accordance with a license or permit in any
previously authorized dredged area which does not extend the originally dredged depth, width, or
length. As part of the Chapter 91 application, the Project Proponent will be required to provide
all historic Licenses and/or Permits for the areas classified as maintenance dredging. The
Waterways Program believes that Project details and specifications can be addressed during the
application process.
A valid Order of Conditions or Superseding Order of Conditions approving the Project will be
required prior to the Waterways Program acting on the Chapter 91 License Application.
Bureau of Waste Site Cleanup (BWSC) Comments
Based upon the information provided, the Bureau of Waste Site Cleanup (BWSC) searched its
databases for disposal sites and release notifications that have occurred at or might impact the
proposed Project area. A disposal site is a location where there has been a release to the
environment of oil and/or hazardous material that is regulated under M.G.L. c. 21E, and the
Massachusetts Contingency Plan [MCP – 310 CMR 40.0000].
There are no listed MCP disposal sites located at or in the vicinity of the site that would appear to
impact the proposed Project area. Interested parties may view a map showing the location of BWSC
disposal sites using the MassGIS data viewer at MassMapper. Under the Available Data Layers
EEA No. 16696 June 30, 2023
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listed on the right sidebar, select “Regulated Areas” and then “DEP Tier Classified 21E
Sites” MCP reports and the compliance status of specific disposal sites may be viewed using the
BWSC Waste Sites/Reportable Release Lookup
at: https://eeaonline.eea.state.ma.us/portal#!/search/wastesite
The Project Proponent is advised that if potentially impacted soil and/or sediment are
encountered, dredged, excavated, removed, relocated and/or disposed of during the proposed
Project it must be conducted under the provisions of Chapter 21E (and, potentially, M.G.L. c. 21C)
and all other applicable federal (including the Environmental Protection Agencies Toxic Substance
Control Act - TSCA), state, and local laws, regulations, and bylaws. Contaminated media cannot
be managed without prior submittal of appropriate plans to MassDEP (such as a Release Abatement
Measure (RAM) Plan), which describes the proposed handling and disposal of any contaminated
media encountered, and health and safety precautions for those conducting the work. If
contamination at the site is known or suspected, the appropriate tests should be conducted in
advance of the start of construction, and professional environmental consulting services should be
readily available to provide technical guidance to facilitate any necessary permits. If contaminated
media is encountered a Licensed Site Professional (LSP) must be employed or engaged to manage,
supervise, or perform the necessary response actions at the Site.
Bureau of Air and Waste (BAW) Comments
Air Quality. Construction and operation activities shall not cause or contribute to a condition of air
pollution due to dust, odor or noise. To determine the appropriate requirements please refer to:
310 CMR 7.09 Dust, Odor, Construction, and Demolition
310 CMR 7.10 Noise
Construction-Related Measures
The Project Proponent reports: “All equipment used by the Contractor will be operated/maintained
in accordance with all applicable local, State and Federal emission regulations; equipment will not
be idled without an operator in the cab.”
MassDEP requests that all non-road diesel equipment rated fifty horsepower or greater meet EPA’s
Tier 4 emission limits, which are the most stringent emission standards currently available for off-
road engines. If a piece of equipment is not available in the Tier 4 configuration, then the Proponent
should use construction equipment that has been retrofitted with appropriate emissions reduction
equipment. Emission reduction equipment includes EPA-verified, CARB-verified, or MassDEP-
approved diesel oxidation catalysts (DOCs) or Diesel Particulate Filters (DPFs). The Proponent
should maintain a list of the engines, their emission tiers, and, if applicable, the best available
control technology installed on each piece of equipment on file for Departmental review.
MassDEP reminds the Proponent that unnecessary idling (i.e., in excess of five minutes), with
limited exception, is not permitted during the construction and operations phase of the Project
(Section 7.11 of 310 CMR 7.00). Regarding construction period activity, typical methods of
reducing idling include driver training, periodic inspections by site supervisors, and posting
signage. In addition, to ensure compliance with this regulation once the Project is occupied,
MassDEP requests that the Proponent install permanent signs limiting idling to five minutes or less
on-site.
EEA No. 16696 June 30, 2023
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Solid Waste Management. The Project Proponent reports: “The contractor will be responsible for
proper disposal of debris if encountered during dredging. Materials will be disposed at a facility that
is licensed to accept such materials. Recycling may be performed by the off-site disposal facility.”
Reuse of dredge as proposed as beach nourishment to a beach that is proximate to the dredging
location may be subject to Massachusetts Water Quality Certification regulations at 314 CMR
9.000 or Solid Waste Regulations at 310 CMR 19.000 and 310 CMR 16.000 depending on the
existing status of the sand and proposed end use of the dredge. Accordingly, MassDEP-Solid
Waste Program offers the following comments:
1. If the proposed reuse location is not at a solid waste site assigned parcel or facility that has a
solid waste management approval, then dredge material may be reused at the Site in accordance
with the provisions at 314 CMR 9.000. Please contact David Wong of MassDEP’s Boston
office at David.Wong@mass.gov if you should have any questions relating to dredge reuse
under these regulations.
2. Compliance with Waste Ban Regulations: Waste materials discovered during dredging (e.g.,
metal, asphalt, brick, and concrete) shall be disposed, recycled, and/or otherwise handled in
accordance with the Solid Waste Regulations including 310 CMR 19.017: Waste Bans. Waste
Ban regulations prohibit the disposal, transfer for disposal, or contracting for disposal of certain
hazardous, recyclable, or compostable items at solid waste facilities in Massachusetts,
including, but not limited to, metal, wood, asphalt pavement, brick, concrete, and clean gypsum
wallboard. The goals of the waste bans are to: promote reuse, waste reduction, or recycling;
reduce the adverse impacts of solid waste management on the environment; conserve capacity at
existing solid waste disposal facilities; minimize the need for construction of new solid waste
disposal facilities; and support the recycling industry by ensuring that large volumes of material
are available on a consistent basis. Further guidance can be found at:
https://www.mass.gov/guides/massdep-waste-disposal-bans .
MassDEP recommends the Proponent consider source separation or separating different recyclable
materials at the job site. Source separation may lead to higher recycling rates and lower recycling
costs. Further guidance can be found at: https://recyclingworksma.com/construction-demolition-
materials-guidance/
For more information on how to prevent banned materials from entering the waste stream the
Proponent should contact the RecyclingWorks in Massachusetts program at (888) 254-5525 or
via email at info@recyclingworksma.com. RecyclingWorks in Massachusetts also provides a
website that includes a searchable database of recycling service providers, available at
http://www.recyclingworksma.com.
3. Asphalt, brick, and concrete (ABC) rubble, such as the rubble generated during dredging must
be handled in accordance with the Solid Waste regulations. These regulations allow, and
MassDEP encourages, the recycling/reuse of ABC rubble. The Proponent should refer to
MassDEP's Information Sheet, entitled "Using or Processing Asphalt Pavement, Brick and
Concrete Rubble, Updated February 27, 2017", that answers commonly asked questions about
ABC rubble and identifies the provisions of the solid waste regulations that pertain to
recycling/reusing ABC rubble. This policy can be found on-line at the MassDEP website:
https://www.mass.gov/files/documents/2018/03/19/abc-rubble.pdf.
EEA No. 16696 June 30, 2023
5
4. Dredge Reuse. The Project Proponent is advised concerning compliance with Massachusetts
Solid Waste Regulations, 310 CMR 19.000 and MassDEP’s COMM-94-007 Interim Policy
entitled: Sampling, Analysis, Handling and Tracking Requirements for Dredged Sediment
Reused or Disposed at Massachusetts Permitted Landfills as described at this website:
https://www.mass.gov/guides/interim-policy-comm-94-007-dredged-sediment-reuse-or-
disposal.
a. Reuse or disposal of dredge at a lined landfill requires compliance with the Policy. For dredge
Projects that do not meet the criteria stated in the Policy, submittal of a BWP SW22 Permit
Application would be required for review and approval.
OR
b. Reuse or disposal of dredge at an unlined landfill requires MassDEP approval. If applicable, the
Owner should contact the Solid Waste Management Section for pre-application guidance.
If you have any questions regarding the Solid Waste Management Program comments above, please
contact Mark Dakers at Mark.Dakers@mass.gov or Elza Bystrom at Elza.Bystrom@mass.gov for
solid waste comments.
Proposed s.61 Findings
The Certificate of the Secretary of Energy and Environmental Affairs on the Expanded
Environmental Notification Form and Rollover EIR may indicate that this Project requires further
MEPA review and the preparation of an Environmental Impact Report. Pursuant to MEPA
Regulations 301 CMR 11.12(5)(d), the Proponent will prepare Proposed Section 61 Findings to be
included in the EIR in a separate chapter updating and summarizing proposed mitigation measures.
In accordance with 301 CMR 11.07(6)(k), this chapter should also include separate updated draft
Section 61 Findings for each State agency that will issue permits for the Project. The draft Section
61 Findings should contain clear commitments to implement mitigation measures, estimate the
individual costs of each proposed measure, identify the parties responsible for implementation, and
contain a schedule for implementation.
Other Comments/Guidance
The MassDEP Southeast Regional Office appreciates the opportunity to comment on this EENF –
Rollover EIR. If you have any questions regarding these comments, please contact George Zoto at
George.Zoto@mass.gov or Jonathon Hobill at Jonathan.Hobill@massgov.
Very truly yours,
Jonathan E. Hobill,
Regional Engineer,
Bureau of Water Resources
JH/GZ
Cc: DEP/SERO
EEA No. 16696 June 30, 2023
6
ATTN: Millie Garcia-Serrano, Regional Director
Gerard Martin, Deputy Regional Director, BWR
John Handrahan, Deputy Regional Director, BAW
Seth Pickering, Deputy Regional Director, BAW
Jennifer Viveiros, Deputy Regional Director, ADMIN
Greg DeCesare, Acting Chief, Wetlands and Waterways
Nate Corcoran, Wetlands, BWR
Brendan Mullaney, Waterways, BWR
Cally Harper, Waterways, BWR
Mark Dakers, Solid Waste, BAW
Elza Bystom, Solid Waste, BAW
Jennifer Wharff, Site Management, BWSC
MEMORANDUM
TO: Rebecca L. Tepper, Secretary, EEA
ATTN: Nicholas Perry, MEPA Office
FROM: Lisa Berry Engler, Director, CZM
DATE: May 25, 2023
RE: EEA-16696, Cotuit Bay Entrance and Embayment Channel Project-Barnstable
The Massachusetts Office of Coastal Zone Management (CZM) has completed its review of
the above-referenced Environmental Notification Form (ENF), noticed in the Environmental Monitor
dated May 10, 2023, and offers the following comments.
Project Description
The proposed project involves dredging the Cotuit Bay Entrance Channel and Cotuit
Embayment Channel with the beneficial reuse of dredged sediments at Dead Neck Beach.
Maintenance dredging will be performed to a depth of -8.0 feet Mean Lower Low Water (MLLW) in
the Cotuit Entrance Channel and a depth of -10.0 feet MLLW in the Cotuit Embayment Channel.
Both channels will be dredged with a one-foot allowable over-dredge within previously authorized
channel limits. A total dredge volume of 18,649 cubic yards (CY) is proposed to be removed using
hydraulic methods consisting of a cutter suction dredge, booster pump station, and HDPE pipe to
deliver the sediment slurry ±11,000 linear feet to Dead Neck Beach. The sediment slurry will be
dewatered in a temporary settling/dewatering basin, constructed adjacent to the nourishment area,
and above Mean High Water. Dried sand will be placed and spread in the nourishment area. Beach
Nourishment will be performed at Dead Neck Beach within previously authorized berm elevations
and slopes. The nourishment template proposed consists of a 10H:1V shoreward slope from the Mean
Low Water (MLW) line (MLW = 0.25 feet MLLW), up to a berm with an elevation of 12 feet MLLW
that benches flat until it ties into the existing dune.
Project Comments
The ENF documents the shoaling of the Cotuit Bay Entrance channel and the reduced
operational depths in this navigation channel. The proposed maintenance dredging of approximately
18,649 CY will improve navigation and safety within this busy waterway and reestablish the permitted
depths for the Cotuit Entrance Channel (-8’ MLLW) and the Cotuit Embayment Channels (-10
MLLW).
Dead Neck Barrier Island has been actively managed for many years to protect and improve
shorebird nesting habitat, provide public access, and improve coastal resilience for the embayments
located behind this barrier island. Shorebird habitat includes NHESP Mapped Priority Habitats of
Rare Species (PH 2156) and Estimated Habitats of Rare Wildlife (EH 693). Periodic beach
nourishment continues to be crucial in maintaining this barrier beach and this important habitat.
Nourishment should be performed within limits previously authorized/nourished in 1981, 2001-02,
and 2019-21. An eelgrass survey should be conducted during the 2023 summer season to ensure that
eelgrass resources are identified and that required buffers for eelgrass resources are maintained.
Page | 2
Federal Consistency Review
The proposed project may be subject to CZM federal consistency review, and if so, must be
found to be consistent with CZM’s enforceable program policies. For further information on this
process, please contact Robert Boeri, Project Review Coordinator, at robert.boeri@mass.gov, or visit
the CZM website at www.mass.gov/federal-consistency-review-program.
LBE/sm/rh
cc:
Griffin Beaudoin, Town of Barnstable
Christine M. Player, Foth Infrastructure & Environment, LLC
Greg DeCesare, DEP
Stephen McKenna, CZM
Rebecca Haney, CZM
Robert Boeri, CZM
The Commonwealth of Massachusetts
Division of Marine Fisheries
(617) 626-1520 | www.mass.gov/marinefisheries
MAURA T. HEALEY KIMBERLEY DRISCOLL REBECCA L. TEPPER THOMAS K. O’SHEA DANIEL J. MCKIERNAN
Governor Lt. Governor Secretary Commissioner Director
SOUTH COAST FIELD STATION CAT COVE MARINE LABORATORY NORTH SHORE FIELD STATION
836 S. Rodney French Blvd 92 Fort Avenue 30 Emerson Avenue
New Bedford, MA 02744 Salem, MA 01970 Gloucester, MA 01930
May 24, 2023
Secretary Rebecca Tepper
Executive Office of Energy and Environmental Affairs (EEA)
Attn: MEPA Office
Nicholas Perry, EEA No. 16696
100 Cambridge Street, Suite 900
Boston, MA 02114
Dear Secretary Tepper:
The Division of Marine Fisheries (MA DMF) has reviewed the Environmental Notification Form
(ENF) by the Town of Barnstable for its Cotuit Bay Entrance and Embayment Channel
Maintenance Dredging Project. MA DMF also participated in the Remote Consultation Session
for this project hosted by MEPA on May 24, 2023. The project site is located at the entrance and
within the embayment of Cotuit Bay as well as at the east end of Dead Neck Beach in the Town
of Barnstable. Proposed maintenance dredging would remove a total of 18,649 cubic yards of
sediment with 14,863 and 3,786 cubic yards associated with the entrance and embayment
channels, respectively. The Cotuit Entrance Channel would be dredged to a depth of -8.0 feet
Mean Lower Low Water (MLLW) and the Cotuit Embayment Channel would be dredged to a
depth of -10.0 feet MLLW with both regions also including a 1 foot allowable overdredge and
3H:1V sideslopes. Dredging would be performed by hydraulic dredging with sediment pumped
to a dewatering area located above mean high water (M HW) adjacent to the nourishment
footprint on Dead Neck Beach. Nourishment material would be deposited over an approximate
128,132 square foot region of Dead Neck Beach. All proposed dredging and nourishment
activities are anticipated to occur between October 2023 and mid-January 2024. Existing marine
fisheries resources and habitat are outlined in the following paragraphs following by comments
on the ENF filing.
The Cotuit Bay maintenance dredge footprint includes mapped shellfish habitat for quahog
(Mercenaria mercenaria). Regions bordering the dredge track also include mapped habitat for
soft shell clam (Mya arenaria) as well as shellfish aquaculture grants. Waters within and
bordering the project site have habitat characteristics suitable for these species. Land containing
shellfish is deemed significant to the interest of the Wetlands Protection Act (310 CMR 10.34)
and the protection of marine fisheries.
Waters bordering the dredge track and offshore of the nourishment site have been previously
mapped by the Massachusetts Department of Environmental Protection (MassDEP) as eelgrass
(Zostera marina) meadows (Figure 1). Eelgrass beds provide one of the most productive habitats
for numerous marine species [1,2] and are designated “special aquatic sites” under the Federal
Clean Water Act 404(b) (1) guidelines. However, eelgrass distribution has declined statewide in
2
the past decade [3] mirroring global losses due to eutrophication and other anthropogenic
impacts [4].
Figure 1. Eelgrass identified by the Massachusetts Department of Environmental Protection
(MassDEP) in previous surveys of the of the project site.
Winter flounder (Pseudopleuronectes americanus) use Cotuit Bay as spawning habitat. Winter
flounder enter the area and spawn from January through May; demersal eggs hatch
approximately 15 to 20 days later. The Atlantic States Marine Fisheries Commission has
designated winter flounder spawning habitat as a “Habitat Area of Particular Concern” (HAPC).
In the previous stock assessment, the winter flounder stock was classified as overfished with
spawning stock biomass in 2019 estimated to be only 32% of the biomass target [5]. Spawning
stock biomass in 2021 was estimated to be 101% of the biomass target based on a new
recruitment stanza focusing only on the past twenty years [6]. Given the new status of the winter
flounder stock, every effort should be made to protect the species and its spawning habitat.
The Cotuit Bay entrance channel provides passage for horseshoe crabs (Limulus polyphemus) to
nearby nesting beaches within Cotuit Bay. Horseshoe crabs deposit their eggs in the upper
intertidal regions of sandy beaches from late spring to early summer during spring high tides.
Adult crabs congregate in deep waters during the day while they wait to spawn on nearby
beaches at night. Eggs hatch approximately two to four weeks later. The 2019 benchmark stock
assessment indicates that the New England horseshoe crab stock status has shifted from poor to
neutral [7] . Because of its dependence on nearshore shallow beaches and channels as habitat,
this species has a high risk of impact during dredging and beach nourishment projects.
3
The Cotuit Bay entrance channel also provides passage for American eel [8]. Eels migrate
through the entrance and embayment channel dredge areas towards foraging and nursery habitat
in the Little River.
MA DMF offers the following comments for your consideration:
• Avoidance of in-water work is recommended from January 15 to May 31 to protect
winter flounder during the spawning period, larval settlement and juvenile development
and from May 1 to June 30 to protect adult horseshoe crabs staging to spawn in migratory
channels [9]. The combined time of year (TOY) restriction recommendation to protect
both species from dredging impacts is January 15 to June 30. The proposed work
window identified in the ENF of October to January 14th is consistent with this TOY
avoidance.
• Dredging activity should be performed in coordination with local aquaculture operators
to minimize impacts to these grants.
• A minimum buffer of 75 feet is recommended from the top of the dredge slope to the
nearest eelgrass vegetation. Since eelgrass beds are ephemeral, changes to eelgrass
distribution that have occurred since previous dredging events should be identified prior
to all dredging activities. Given that eelgrass has been mapped in close proximity to the
proposed dredge tracks, MA DMF recommends that an in-water survey be conducted
within the growing season prior to dredging to accurately delineate current eelgrass
extent for the purposes of avoiding direct impacts and also maintaining a minimum 75
foot buffer to reduce the likelihood of indirect impacts (e.g., turbidity, slumping, burial).
Surveys should be consistent with methods described in the MA DMF Eelgrass Survey
Guidelines [10].
• A minimum 100 foot buffer is recommended between the seaward extent of the
nourishment footprint and the nearest landward edge of any bordering eelgrass. Given
that nearshore waters off the Dead Neck Beach nourishment site have previously been
mapped as eelgrass habitat, MA DMF also recommends an in-water survey for the waters
bordering the nourishment site be conducted within the growing season prior to
nourishment following MA DMF survey guidelines [10].
Questions regarding this review may be directed to John Logan in our New Bedford office at
john.logan@mass.gov.
Sincerely,
Daniel J. McKiernan
4
Director
cc: Barnstable Conservation Commission
Jimmy Hill, FOTH
Sabrina Pereira, NMFS
Rebecca Haney, Robert Boeri, CZM
Rachel Croy, Ed Reiner, EPA
David Wong, DEP
Amanda Davis, Emma Gallagher, Simone Wright, Terry O’Neil, Matt Camisa, DMF
References
1. Jackson EL, Rowden AA, Attrill MJ, Bossey SJ, Jones MB. The importance of seagrass beds
as a habitat for fishery species. Oceanography and Marine Biology: An Annual Review.
2001;39: 269–303.
2. Heck KL Jr, Carruthers TJB, Duarte CM, Hughes AR, Kendrick G, Orth RJ, et al. Trophic
transfers from seagrass meadows subsidize diverse marine and terrestrial consumers.
Ecosystems. 2008;11: 1198–1210.
3. Costello CT, Kenworthy WJ. Twelve-year mapping and change analysis of eelgrass (Zostera
marina) areal abundance in Massachusetts (USA) identifies statewide declines. Estuaries and
Coasts. 2011;34: 232–242.
4. Orth RJ, Carruthers TJB, Dennison WC, Duarte CM, Fourqurean JW, Heck Jr. KL, et al. A
global crisis for seagrass ecosystems. BioScience. 2006;56: 987–996.
5. ASMFC. Southern New England Mid-Atlantic Winter Flounder 2020 Assessment Update
Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE-
MA_WinterFlounderAssessmentUpdate.pdf. Accessed November 22, 2021. 2020.
6. ASMFC. Southern New England Mid-Atlantic winter flounder 2022 Management Track
Assessment Report. Compiled June 2022. https://apps-nefsc.fisheries.noaa.gov/saw/sasi.php.
2022.
7. ASMFC. 2019 Horseshoe Crab Benchmark Stock Assessment and Peer Review Report.
Prepared by the ASMFC Horseshoe Crab Stock Assessment Review Panel pursuant to
NOAA Award No. NA15NMF4740069.
http://www.asmfc.org/uploads/file/5cd5d6f1HSCAssessment_PeerReviewReport_May2019.
pdf. 2019.
8. MA DMF. MassGIS Data: Diadromous Fish. https://www.mass.gov/info -details/massgis-
data-diadromous-fish. Accessed February 8, 2023. 2023.
9. Evans NT, Ford KH, Chase BC, Sheppard J. Recommended Time of Year Restrictions
(TOYs) for Coastal Alteration Projects to Protect Marine Fisheries Resources in
Massachusetts. Massachusetts Division of Marine Fisheries Technical Report, TR -47.
https://www.mass.gov/doc/time-of-year-recommendations-tr-47/download. Accessed
September 29, 2021. 2011.
5
10. Evans NT, Leschen AS. Technical guidelines for the delineation, restoration, and monitoring
of eelgrass (Zostera marina) in Massachusetts coastal waters. Massachusetts Division of
Marine Fisheries Technical Report TR-43.
http://www.mass.gov/eea/docs/dfg/dmf/publications/tr-43.pdf. 2010.
DM/JL/sd