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Home My WebLink AboutPOS_23-WW01-0082_Town of Barnstable - Three Bays Pres Inc - Signed Town and Three BaysCommonwealth of Massachusetts Executive Office of Energy and Environmental Affairs Maura T. Healey Governor Kimberley Driscoll Lieutenant Governor Rebecca L. Tepper Secretary Bonnie Heiple Commissioner Department of Environmental Protection 100 Cambridge Street 9th Floor Boston, MA 02114 Ÿ 617-292-5500 Proof of Signature for WW01 - Water-Dependent License/Permit Application Permittee Information Name: Mark Ells Phone: (508) 862-4610 Address: 367 MAIN STREET BARNSTABLE, MA 02601 Property Owner Information Name: Three Bays Preservation, Inc. Michael Egan Phone: (508) 420-0780 Address: 864 MAIN STREET OSTERVILLE, MA 02655 Application Submitter Information Name: JAMES AUSTIN HILL Phone: (410) 610-1236 Address: 49 BELLEVUE AVE NEWPORT, RI 02738 Location Information Cotuit Bay Entrance and Embayment Channels 0 N/A BARNSTABLE, MA 02601 Latitude: 41.6070324 Longitude: -70.43412 List of Abutters Full Legal Name Abutting Property Address MASSACHUSETTS AUDUBON SOCIETY INC 0 SAMPSON'S ISLAND MASSACHUSETTS, COMMONWEALTH OF 0 INDIAN TRAIL Page 1 of 923-WW01-0082-APP7/18/2023 4:53:28PM Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs Maura T. Healey Governor Kimberley Driscoll Lieutenant Governor Rebecca L. Tepper Secretary Bonnie Heiple Commissioner Department of Environmental Protection 100 Cambridge Street 9th Floor Boston, MA 02114 Ÿ 617-292-5500 Additional Contacts Info Please provide the Name of the Permittee(s) exactly as it should be listed in the license/permit that will be recorded at the Registry of Deeds (the name(s) listed here need to match the name(s) listed on the plans or the license may be rejected by the Registry of Deeds) Town of Barnstable I hereby attest that I have listed all the Permittees in the Application Contacts section (each Permittee entered as a separate contact - do not list 2 names in 1 field) Yes Is the project site within a right of way?Yes Are you the sole owner of right of way?No Are you submitting evidence of legal authority to apply in lieu of the Property Owner's Signature? If yes, please attach a document 'Evidence of Legal Authority' in the document section No I hereby attest that I have listed all the Property Owners in the Application Contacts section Yes I hereby attest that I have listed all the Abutters in the above Contact table section Yes Application Type Please select the application type you are applying for Other Project Information Brief Description of Project (e.g., dock, seawall, boat ramp, Harborwalk – if a longer narrative is to be provided, please upload a separate document) The Town of Barnstable DPW proposes the maintenance dredging of the 8-foot deep Cotuit Bay Entrance Channel and the 10-foot deep Cotuit Bay Embayment Channel by hydraulic dredging methods, performed by the Barnstable County Dredge Program. A total of 18,649 CY of sediment will be pumped through a hydraulic slurry pipeline to the Dead Neck Beach Nourishment area for beneficial reuse as dune and beach restoration. Page 2 of 923-WW01-0082-APP7/18/2023 4:53:28PM Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs Maura T. Healey Governor Kimberley Driscoll Lieutenant Governor Rebecca L. Tepper Secretary Bonnie Heiple Commissioner Department of Environmental Protection 100 Cambridge Street 9th Floor Boston, MA 02114 Ÿ 617-292-5500 Brief Description of Project Location - Non-Traditional Address (e.g., 'west end Toronto Avenue right-of-way at Gloucester Harbor' DO NOT complete this field if your project has a traditional address - enter N/A) The Cotuit Bay Entrance and Embayment Channels connect the waters of Cotuit Bay and Nantucket Sound. The proposed dredging area is bound by Nantucket Sound to the North, Dead Neck to the East, Nantucket Sound to the South, and Cotuit Highlands to the West. The nourishment area is located at the easternmost end of Dead Neck and extends from the West Bay jetty to the west 800 feet. The Nourishment area is bound by the Seapuit River to the North, West Bay to the East, Nantucket Sound to the South, and the rest of Dead Neck to the West. Proposed Use/Activity description Cotuit Bay, and the Three Bays Region, has historically provided and continues to be a gateway for both recreational and commercial vessels to/from Nantucket Sound. The proposed areas of dredging being pursued by the Town are shown in the Permit Plans provided as an attachment. Maintenance dredging is required on a periodic basis to restore/provide safe access within and use of navigable waters that benefit the general public. Dead Neck is an essential element to the southern shoreline of Cape Cod. It was once attached to the mainland but is now a barrier beach island and provides ample protection of wildlife habitat and nesting habitat for waterbirds of high conservation priority. The entirety of the island is classified as priority habitat for rare and endangered species by the Massachusetts Natural Heritage and Endangered Species Program (NHESP). Dead Neck has historically been home to populations of Piping Plovers and supports a diverse array of nesting waterbird species. Dead Neck also serves as a pre-migration fall staging area for Common Terns and Roseate Terms, as well as many shorebird species. Dead Neck provides flood control and storm damage protection for the bays and estuaries to the north. Beach nourishment is beneficial to the Dead Neck system by restoring lost dune and beach areas that provide ample habitat for bird nesting and foraging habitat, as well as protect lands and waterbodies to the north from coastal threats. Is this site subject to 21E?No Does the project exceed the MEPA review thresholds for Waterways standards? Yes If yes, please provide MEPA Certification number 16696 If yes, please provide the date of the secretary certificate 06/09/2023 Is the Project site in an Environmental Justice Community? No Which Wetlands Protection Act process document are you attaching? WPA Notice of Intent Has there ever been a waterways jurisdictional determination issued for this project site? No Page 3 of 923-WW01-0082-APP7/18/2023 4:53:28PM Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs Maura T. Healey Governor Kimberley Driscoll Lieutenant Governor Rebecca L. Tepper Secretary Bonnie Heiple Commissioner Department of Environmental Protection 100 Cambridge Street 9th Floor Boston, MA 02114 Ÿ 617-292-5500 Does your project require a 401 water quality certificate? If yes, please attach if currently available, a copy of '401 Water Quality Certificate' in the document section. Yes Are you seeking a Variance? If yes, please attach a supporting evidence of compliance with 310 CMR 9.21, 'Variance Supplement' in the document section. No Is the project located within the Designated Port Area? If yes, please review the standards at 310 CMR 9.12 and 9.32. No Is the project located within an area subject to State Approved Municipal Harbor Plan? If yes, please attach supporting evidence of compliance with applicable MHP, 'MHP Supplement' in the document section. No Are you seeking a CWD (consolidated written determination) in accordance with 310 CMR 9.14(4)? If yes, please attach a document 'CWD Supplement' in the document section. No Does your project involve dredging?Yes Dredging Information Please select the type Maintenance dredging Chapter 91 Permit or License Number for Prior Dredging (required for maintenance dredging) #9123 What is the volume of the material to be dredged? (cubic yards) 18649 What is the area of the dredge foot print? (square feet) 210550 What is the maximum dredge depth including over-dredge (referenced to Mean Low Water)? -10.75 Describe dredge spoil disposal location/method Sediments dredged from Cotuit Bay Entrance and Embayment Channels have been deemed suitable for reuse as nourishment at Dead Neck via USACE Suitability Determination issued August 1, 2022 under NAE-2015-01632. Sediments will be pumped via hydraulic slurry pipeline to the eastern end of Dead Neck where material will be dewatered and dry sands will be placed to the grades and slopes specified in the Permit Plans. Is the dredge spoil compatible for beach nourishment? Yes Page 4 of 923-WW01-0082-APP7/18/2023 4:53:28PM Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs Maura T. Healey Governor Kimberley Driscoll Lieutenant Governor Rebecca L. Tepper Secretary Bonnie Heiple Commissioner Department of Environmental Protection 100 Cambridge Street 9th Floor Boston, MA 02114 Ÿ 617-292-5500 Dredging Method Hydraulic Yes Mechanical Other Documents Documents Required Documents: 1. Chapter 91 Plans 2. List of Environmental Regulatory Programs 3. MEPA Certificate 4. WPA Notice of Intent Special Fee Provision Exemption Yes Exemption Type City/Town/County Government Exclusion (special agreement or policy) Substitution (ASP/IRP) Double Fee for Enforcement Hardship payment extension request Application Contacts EmailContact TypeTelephone #Contact PersonOrganization NameName JAMES.HILL@FOTH.C OM (410) 610-1236n/an/aJAMES, HILL Application Prepared By griffin.beaudoin@town.b arnstable.ma.us (508) 790-6400n/an/aGriffin, Beaudoin Additional Permittee Page 5 of 923-WW01-0082-APP7/18/2023 4:53:28PM Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs Maura T. Healey Governor Kimberley Driscoll Lieutenant Governor Rebecca L. Tepper Secretary Bonnie Heiple Commissioner Department of Environmental Protection 100 Cambridge Street 9th Floor Boston, MA 02114 Ÿ 617-292-5500 This page intentionally left blank Page 6 of 923-WW01-0082-APP7/18/2023 4:53:28PM Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs Maura T. Healey Governor Kimberley Driscoll Lieutenant Governor Rebecca L. Tepper Secretary Bonnie Heiple Commissioner Department of Environmental Protection 100 Cambridge Street 9th Floor Boston, MA 02114 Ÿ 617-292-5500 Proof of Signature Primary Property Owner Certification Re: Chapter 91 Waterways Regulation Program Water Dependent License Application No: 23-WW01-0082-APP submitted by JAMES AUSTIN HILL I hereby make application for a permit or license to authorize the activities described herein. Upon my signature, I agree to allow the duly authorized representatives of the Massachusetts Department of Environmental Protection and the Massachusetts Coastal Zone Management Program to enter upon the premises of the project site at reasonable times for the purpose of inspection. I hereby certify under the pains and penalties of perjury that the information submitted in this application is true and accurate to the best of my knowledge. I understand and acknowledge that issuance of a Waterways License shall constitute an agreement by the Licensee and Property Owner to conform with all terms and conditions stated therein. Date: Signature: Name: Three Bays Preservation, Inc. Page 8 of 923-WW01-0082-APP7/18/2023 4:53:28PM