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64-574 - - CONSERVATION COMMISSION PIERSAL® UNV-12113 MADE IN USA /f2\SUSTAINABLE MW.REOYCLED FORESTRY CONfEN�10°b INITIATIVE POSTCONSUMER cererad Flu..samd�a wwmsfiproyram.ory Sfiot2W 'z CITY OF SALEM CONSERVATION COMMISSION October 16, 2017 Sabrina Hepburn 890 Winter Street, Suite 300 Waltham,MA 02451 Re: Certificate of Compliance—DEP#64-574—Weld Seam Survey for Salem Lateral Project Dear Ms. Hepburn: Enclosed, please find the Certificate of Compliance for the above-referenced project. This document must be recorded at the South Essex County Registry of Deeds. Please fill out and return the Recording Information on page 3 of the Certificate of Compliance,which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at (978) 619-5685. S' cerely, Ashley Green Conservation Agent Enclosures CC: DEP Northeast Regional Office R Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance 64-574 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer,use Sabrina Hepburn only the tab key Name to move your 690 Winter Street, Suite 300 cursor-do not use the return Mailing Address key. Waltham MA 02451 City/town State Zip Code VQ 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Algonquin Gas Transmission, LLC 0"0 Name 9/16/2014 64-574 Dated DEP File Number 3. The project site is located at: N/A—project in offshore waters Salem Street Address Citylrown N/A N/A Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: N/A Property Owner(if different) South Essex 19299 421 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: N/A Date wpafrm8b.dw•rev.5129114 WPA Form 813,Certificate of compliance•Page i of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-574 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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: C. Authorization Issued by: Salem /D LlD Conservation Commission Datd of Is uance This Certificate must be signed by a majority of the Conservation Commis ion and a copy sent to the applicant and appropriate DEP Regional Office(See hftp://www.mass.qov/eea/agencies/massdei)/about/contacts/flin the-mas 64 re final-office-f our-cit -or-town.html). Signatures, Ik wpafrmBb.Eoc•rev.5129114 WPA Form 86,CeNficate of Compliance•Page 2 of 3 f Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-574 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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: ---------------------- ---------------------------------- Conservation Commission Please be advised that the Certificate of Compliance for the project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: 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 wyahm$b.doc•rev.5129114 WPA Fonn 88,CerHcete of compliance•Page 3 of 3 ' CITY OF SALEM CONSERVATION COMMISSION September 16, 2014 Richard Paquette TRC Environmental 6 Ashley Drive, I"floor Scarborough, ME 04074 Re: Order of Conditions—DEP #64-574—Salem Lateral Weld Seam Survey Dear Mr. Paquette: Enclosed, please find the Order of Conditions for the above-referenced project. Following the 10-business-day appeal period, this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds (Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts). Once recorded, please return a copy of Page 12 of the Order, which will indicate to the Commission that the document has been recorded. As indicated in the Order, prior to any work commencing: 1. this Order must be recorded, 2. contact me at least 48 hours prior to any activity to schedule a pre-construction meeting to review the Order with your hired contractor. If you have any further questions,please feel free to contact me at 978-619-5685. Sincerely, Tom Devine Conservation Agent Enclosures CC: DEP Northeast Regional Office c. Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-574 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown A. General Information Please note: Salem this norm has I. I'rOm:been modified Conservation Commission with added 2. This issuance is for space to a. ®Order of Conditions b. ❑Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Sabrina Hepburn Important: a. First Name b. Last Name When filling Algonquin Gas Transmission LLC out forms on c.Organization the 890 Winter Street, Suite 300 computer,use only the d. Mailing Address tab key to Waltham MA 02451 move your e.City/Town I.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. NA-project in offshore waters a. First Name b. Last Name c.Organization reNn d.Mailing Address e.Cityrrown f.State g.Zip Code 5. Project Location: Beverly Harbor Salem a.Street Address b.Cityrrown NA NA c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 42.537243d m s 70.882498d m vvpaform5.doc• rev.0722/2014 Page 1 of 12 it J I Massachusetts Department of Environmental Protection Provided by IvassDEP: Bureau of Resource Protection - Wetlands 64-574 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Southern Essex a.County b. Certificate Number(if registered land) 19299 421 c.Book d.Page �. Dates: 8/28/2014 9/11/2014 9/16/2014 a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance e. Final Approved Plans and Other Documents (attach additional plan or document references as needed): See attached a. Plan Title b. Prepared By c.Signed and Stamped by d. Final Revision Date e.Scale f.Additional Plan or Document Title g. Date B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: 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(the Act). Check all that apply: a. ❑ Public Water Supply b. ® Land Containing Shellfish c. ❑ Prevention of Pollution d. ❑ Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. 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. wpaform5.doe- rev.0 712 2 2 01 9 Page 2 of 12 c. Massachusetts Department of Environmental Protection Provided by MassDEP: \ Bureau of Resource Protection - Wetlands 64-574 f WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. 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 the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ 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). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b. linear-feet c. linear feet d. linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.Gy dredged f.dy dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet e. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet g. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g,square feet h.square feet i.square feet j.square feet wpaformS.doc• ray.07222014 Page 3 of 12 J Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-574 WPA Form 5 — Order of Conditions MassDEP File# 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Citylrown B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. El Designated Port Areas Indicate size under Land Under the Ocean, below 11. ® Land Under the 827.6 827.6 Ocean a.square feet b.square feet 80 80 c.dy dredged d.c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below cu yd cu yd 13. ❑ Coastal Beaches a.square feet b.square feet c. nourishment d.nourishment ❑ Coastal Dunes cu yd cu yd 14. a.square feet b.square feet c.nourishment d. nourishment 15. ❑ Coastal Banks a. linear-feet b. linear feet 16. ❑ Rocky Intertidal Shores ei square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.dy dredged d.dy dredged 19. ® Land Containing 827.6 827.6 Shellfish a.square feet b.square feet c.square feet d.square feet 20. ® Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 80 80 a.dy dredged b.c/y dredged 21. ❑ Land Subject to Coastal Storm a.square feet b square feet Flowage wpaform5.doc• rev.07222014 Page 4 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-574 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town B. Findings (cont.) •#22. If the 22 ❑ Restoration/Enhancement': project is for the purpose of restoring or enhancing a a.square feet of BVW b.square feet of salt marsh wetland resource area 23. ❑ Stream Crossing(s): in addition to the square footage that a. number of new stream crossings b.number of replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BWI)of The following conditions are only applicable to Approved projects. B.17.c(Salt Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify this Order. the additional 9 rY y amount here. 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 federal, state, or local statutes, ordinances, bylaws, or regulations. 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 set forth as a special condition in this Order. 5. This Order may be 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. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 9/16/2017 unless extended in writing by the Department. 7. 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. 8. 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. wraformEdcc• rev.OVM2014 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MasSDEP: Bureau of Resource Protection - Wetlands 64-574 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 9. 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 shall 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 the 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. 10. 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" for, "MassDEP"] "File Number 64-574 " 11. 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 MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 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. 15. 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. 16. 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. 17. 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 b wooden stakes or flagging. On I Yce in lace the wetland boundary markers P y a ers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. w aform5 doe• rev.07=014 Page 6 of 12 F Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-574 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/rown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 18. 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the "Project')(1)❑ is(2)® is not subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards,then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i.all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP o plans are included signed and stamped b a Registered P 9 P Y 9 Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. v,paform5.doc• rev.07222014 Page 7 of 12 Massachusetts Department of Environmental Protection Provided by MasSDEP: Bureau of Resource Protection - Wetlands 64-574 I WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f)through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. 0 The responsible party shall'operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. w aform5.doc• rev.W22/2079 Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-574 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): wpeform5.doc• rev.0722r2014 Page 9 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-574 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP—Transaction# Salem City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance i. Is a municipal wetland s ds bylaw or ordinance applicable? ® Yes No p ❑ 2. The Salem hereby finds (check one that applies): Conservation Commission a. ❑that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1.Municipal Ordinance or Bylaw 2.Citation 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. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Wetlands Protection and Conservation c. 50 1. Municipal Ordinance or Bylaw 2.Citation 3. The Commission orders that all work shall be performed in accordance with the following 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. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): The attached special conditions are issued under the Wetlands Protection Act and are sufficient for compliance with the local ordinance wpaform5 doc• rev.0722/2014 Page 10 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands GZt- s--7Y - WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDDEEP/ Transaction# Cityrrown.\ E. Signatures Important:When This Order is valid for three years, unless otherwise specified as a special 1 filling out forms condition pursuant to General Conditions#4,from the date of issuance. 1. ate',o- suance on the computer, F use only the tab Please indicate the number of members who will sign this form. �l key to move your This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers cursor-do not use the return The Order must be mailed by certified mail (return receipt requested) or hand delivered to key the applicant. A copy must be mailed, hand delivered o led electronically a he me time with the appropriate MassDEP Regional Office. r� Signatures: w ❑ by hand delivery on 21by certified mail, return receipt reggeste7 on V/ Date Yale F. 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 MassDEP 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 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. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. 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. wpa5sigs.doc• rev.02/25/2010 Pagel of Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-574 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town G. Recording Information Prior to commencement of work, 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 this page shall be submitted to the Conservation Commission listed below. Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ------ ------ To: Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform&doc- rev.07122=14 Page 12 of 12 §,. Attachment to Order of Conditions # 64-574 P' Page 1 of 4 SALEM CONSERVATION COMMISSION DEP FILE #64-574 Salem Lateral Project Weld Seam Survey City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map (9/4/2014, online) from Natural Heritage & Endangered Species Program (NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contain any vernal pools. This Order permits dredging and survey work within Salem and Beverly Harbors per August 2014 Notice of Intent, approved plans,and these conditions. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(including all 4 pages of Special Conditions) at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 50. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones, other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing on site, a DEP Sign showing DEP File#64-574 must be installed at the entrance to the site and seen from the public way, but not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent, officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent, supporting documents g" Attachment to Order of Conditions # 64-574 1 ' Page 2 of 4 and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816),U.S. Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G.L. Ch. 21A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Salem Lateral Project (Figures 1-5) (Title) 8/13/2014, 8/27/2014 (Dated) None (Signed and Stamped by) City of Salem Conservation Commission (On file with) 16" Salem Lateral Pipeline to 30"Hubline Pipeline Weld Seam Excavation(Sketches 13, C, D) (Title) 8/8/2014, 8/12/2014 (Dated) None gd Attachment to Order of Conditions # 64-574 Page 3 of 4 (Signed and Stamped hy) City of Salem Conservation Commission (On file with) 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s) shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. PRIOR TO CONSTRUCTION 17. The Conservation Agent shall be notified at least 48 hours prior to the commencement of work. DURING CONSTRUCTION 18. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 19. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 20. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 21. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 22. Immediately following drainage structure installation all inlets shall be protected by silt fence,strawbale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 23. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 24. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L Chapter 21A, section 16. AFTER CONSTRUCTION y: Attachment to Order of Conditions # 64-574 Page 4 of 4 25. Upon completion of construction and final soil stabilization,the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) Photographs documenting the condition of the work area upon completion of surveying. 26. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 27. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs; at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission, may the applicant request in writing a Certificate of Compliance as described above. ADDITIONAL CONDITIONS 28. No in-water work shall occur between February 15 and June 30. 29. Material in sandbags used to temporarily fill surveyed area shall be double washed. 30. Prior to the start of dredging,the applicant shall obtain approval from the Conservation Agent for a contingency plan that shows how the dredged area would be restored in the event that the surveyed area must be abandoned in favor of an alternate tie-in location or for any other reason. C�!, TRC Results you can rely on NOTICE OF INTENT Filing Under the Massachusetts Wetlands Protection Act M.G.L. Chapter 131, Section 40 and the City of Salem Wetlands Protection Ordinance, (Chapter 50) Weld Seam Survey Salem Lateral Project Salem, Massachusetts August 2014 Prepared for: Spectra Energy Partners. Algonquin Gas Transmission, LLC 890 Winter Street, Suite 300 Waltham, Massachusetts 02451 Prepared by: TRC Environmental 6 Ashley Drive, 11 Floor Scarborough, Maine 04074 11 1 1 1 1 NOTICE OF INTENT 1 Filing Under the Massachusetts Wetlands Protection Act ' M.G.L. Chapter 131, Section 40 and the City of Salem Wetlands Protection Ordinance, (Chapter 50) ' 1 Weld Seam Survey 1 Salem Lateral Project 1 Salem, Massachusetts 1 August 2014 1 Prepared for: 1 Spectra Energy) Partners, 1 Algonquin Gas Transmission, LLC 890 Winter Street, Suite 300 1 Waltham, Massachusetts 02451 1 Prepared by: 1 TRC Environmental 6 Ashley Drive, 11 Floor Scarborough, Maine 04074 1 1 1 Spectra Energy) tPartners, TABLE OF CONTENTS ' WPA FORM 3—NOTICE OF INTENT ' WETLAND FEE TRANSMITTAL FORM ' ABUTTER NOTIFICATION MATERIALS • Abutter Notification Letter • Certified Abutter List and Map ' • Signed Affidavit ATTACHMENTS Page ATTACHMENT A—PROJECT NARRATIVE ' 1.0 INTRODUCTION.................................................................................................................... 1 2.0 Site and project description................................................................................................. 2 2.1 Beverly Harbor Background............................................................................................ 2 2.2 Proposed Work............................................................................................................... 2 2.2.1 Survey Methodology................................................................................................. 2 ' 3.0 COASTAL WETLAND RESOURCE AREAS ............................................................................... 3 3.1 Land Under Ocean .......................................................................................................... 3 3.2 Land Containing Shellfish................................................................................................ 5 3.3 Banks of or Land Under the Ocean, Ponds, Streams, Rivers, Lakes, or Creeks that ' Underlie an Anadromous/Catadromous Fish Run ("Fish Runs").................................... 6 3.4 Estimated Rare/Endangered and Priority Mapped Habitats.......................................... 7 4.0 IMPACTS, AVOIDANCE AND MINIMIZATION MEASURES .................................................... 7 ' 4.1 Impacts on Water Quality, Benthic And Fisheries Habitat............................................. 7 4.1.1 Water quality............................................................................................................ 7 ' 4.1.2 Fisheries.................................................................................................................... 8 4.1.3 Benthic Habitat and Community .............................................................................. 9 4.1.4 Impact Avoidance and Minimization...................................................................... 10 ' 5.0 SUMMARY.......................................................................................................................... 10 6.0 REFERENCES....................................................................................................................... 10 Weld Seam Survey Notice of Intent August 2014 Salem,Massachusetts ' Spectra Energy)) ' Partners.. ATTACHMENT B—Figure 1— USGS Quadrangle Map ' Figure 2—Weld Seam Survey Area (NOAA Chart) Figure 3—Coastal Resource Areas Figure 4—HubLine Weld Seam Survey Suspended Sediment Modeling ' Figure 5—HubLine Weld Seam Survey Sediment Deposition Modeling ATTACHMENT C— EXCAVATION PLAN AND CROSS-SECTIONS ATTACHMENT D—CORRESPONDENCE t ' Weld Seam Survey Notice of Intent August 2014 Salem,Massachusetts Spectra EnergO ' Partners ' WPA FORM 3 — NOTICE OF INTENT Weld Seam Survey Notice of Intent August 2014 ' Salem,Massachusetts 1 ' Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town Important: When tilling out A. General Information ' forms on the computer,use 1. Project Location (Note: electronic filers will click on button to locate project site): only the tab key to move your Beverly Harbor Salem 01970 ' cursor-do not use the return a.Street Address b.City/Town c.Zip Code key. Latitude and Longitude: 42.537243 -70.882498 d.Latitude e.Longitude ' a NA NA f.Assessors Map/Plat Number g.Parcel/Lot Number 2. Applicant: ' Hepburn Sabrina a. First Name b.Last Name Note: Algonquin Gas Transmission LLC ' Before c.Organization completing this form consult 890 Winter Street, Suite 300 your local d.Street Address ' Conservation Waltham MA 02451 Commission e.City/Town f.State g.Zip Code regarding any municipal bylaw 617-560-1424 617-560-1360 shepburn@spectraenergy.com ' or ordinance. h.Phone Number i. Fax Number j. Email Address 3. Property owner(required if different from applicant): ❑ Check if more than one owner NA- project in offshore waters ' a. First Name b. Last Name c.Organization ' d. Street Address e. City/Town f. State g.Zip Code h.Phone Number i. Fax Number j. Email address ' 4. Representative (if any): Richard Paquette, Jr. a. First Name b. Last Name ' TRC Environmental c.Company 6 Ashley Drive, 1" Floor d.Street Address ' Scarborough ME 04074 e.City/Town f.State g.Zip Code 207-274-2604 207-879-9293 rpaquette@tresolutions.com h. Phone Number i.Fax Number j.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): I ' $500.00 $237.50 $262.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid twpaform3.doc•rev. 1/3/2013 Page 1 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town A. General Information (continued) 6. General Project Description: Algonquin Gas Transmission, LLC proposes to expose a maximum of 4 linear feet of the buried ' HubLine Pipeline in Beverly Harbor using hand jetting techniques to excavate 80 cubic yards of sediment as part of a weld seam survey. ' 7a. Project Type Checklist: 1. ❑ Single Family Home 2. ❑ Residential Subdivision ' 3. ❑ Limited Project Driveway Crossing 4. ❑ Commercial/Industrial ' 5. ❑ Dock/Pier 6. ® Utilities 7. ❑ Coastal Engineering Structure 8. ❑ Agriculture(e.g., cranberries, forestry) ' 9. ❑ Transportation 10. ❑ Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. ® Yes ❑ No If yes, describe which limited project applies to this project: 310 CMR 10.24(7)(a)3 - pipeline for the transmission of utilities essential to facility ' 2. Limited Project 8. Property recorded at the Registry of Deeds for: ' Southern Essex County a.County b.Certificate#(if registered land) 19299 421 1 Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ❑ Buffer Zone Only—Check if the project is located only in the Buffer Zone of a Bordering ' Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). ' Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. ' Resource Area Size of Proposed Alteration Proposed Replacement(if any) For all projects affecting other Resource Areas, a. ❑ Bank 1. linear feel 2. linear feet please attach a b. ❑ Bordering Vegetated narrative explaining how Wetland 1.square feet 2.square feet ' the resource area was c. ❑ Land Under 1.square feet 2.square feet delineated. Waterbodies and Waterways 3.cubic yards dredged ' wpaform3.doc•rev. 1/3/2013 Page 2 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Citylrown B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) rResource Area Size of Proposed Alteration Proposed Replacement(if anv) ' d. ❑ Bordering Land Subject to Flooding 1. square feet 2.square feet 3.cubic feet of Flood storage lost 4.cubic feet replaced ' e. ❑ Isolated Land Subject to Flooding 1.square feet ' 2.cubic feet of Flood storage lost 3.cubic feet replaced f. ❑ Riverfront Area 1.Name of Waterway(if available) ' 2. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ' ❑ 100 ft. - New agricultural projects only ❑ 200 ft. -All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet ' 4. Proposed alteration of the Riverfront Area: a.total square feet b.square feet within 100 f. c.square feet between 100 ft.and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No 6. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No 3. ® Coastal Resource Areas: (See 310 CMR 10.25-10.35) ' Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online users: Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document transaction number a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below ' (provided on your 827.6 receipt page) b. ® Land Under the Ocean with all 1.square feet supplementary 80 information you 2.cubic yards dredged submit to the Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. ❑ Coastal Beaches 1.square feet 2.cubic yards beach nourishment e. ❑ Coastal Dunes 1. square feet 2.cubic yards dune nourishment wpaform3.doc•rev. 1/3/2013 Page 3 of 8 t 1 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cityrrown B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Size of Proposed Alteration Proposed Replacement(if any) ' f. ❑ Coastal Banks 1. linear feet g. ❑ Rocky Intertidal Shores 1.square feet h.❑ Salt Marshes 1. square feet 2.sq ft restoration, rehab.,creation i. ❑ Land Under Salt ' Ponds 1. square feet 2.cubic yards dredged ' j. ® Land Containing 827.6 Shellfish 1. square feet k. ® Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the ' Ocean, and/or inland Land Under Waterbodies and Waterways, above 80 ' 1.cubic yards dredged I. ❑ Land Subject to Coastal Storm Flowage 1.square feet 4. ❑ Restoration/Enhancement ' If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. ' a.square feet of BVW b.square feet of Salt Marsh 5. ❑ Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings C. Other Applicable Standards and Requirements ' Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review ' 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts ' Natural Heritage Atlas or go to http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/priority habitat/online viewer htm. a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: ' Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife October 2008 100 Hartwell Street,Suite 230 b.Date of map West Boylston, MA 01583 ' wpaform3.doc•rev. 1/3/2013 Page 4 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town C. Other Applicable Standards and Requirements (contrd) ' If yes, the project is also subject to Massachusetts Endangered Species Act(MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESAANetlands Protection Act review, please complete Section CAL, and include requested materials with this Notice of Intent (NOI); OR complete Section C.14 if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review(unless noted exceptions in Section 2 apply, see below). ' 1. c. Submit Supplemental Information for Endangered Species Review' 1. ❑ Percentage/acreage of property to be altered: ' (a)within wetland Resource Area percentage/acreage ' (b)outside Resource Area percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site ' 3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work*` ' (a)❑ Project description (including description of impacts outside of wetland resource area & bufferzone) ' (b) ❑ Photographs representative of the site (c)❑ MESA filing fee (fee information available at: http://www.mass.gov/dfwele/dfw/nhesl)/regulatory review/mesa/mesa fee schedule.htm). ' Make check payable to"Commonwealth of Massachusetts- NHESP" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: ' (d)❑ Vegetation cover type map of site (e)❑ Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the Following 1. ❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa exemptions.htm; ' the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. ❑ Separate MESA review ongoing. a.NHESP Tracking# b.Date submitted to NHESP Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review(see htto://www.mass.cov/dfwele/dfw/nheso/nhesl).htm, regulatory review tab). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. " MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc•rev. 1/3/2013 Page 5 of 8 1 ' Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction NumberSalem city/Town C. Other Applicable Standards and Requirements (cont'd) 3. ❑ Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management ' Permit with approved plan. 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? ' a. ❑ Not applicable—project is in inland resource area only b. ® Yes ❑ No If yes, include proof of mailing or hand delivery of NOI to either: South Shore-Cohasset to Rhode North Shore-Hull to New Hampshire: Island, and the Cape& Islands: ' Division of Marine Fisheries- Division of Marine Fisheries- Southeast Marine Fisheries Station North Shore Office Attn: Environmental Reviewer Attn: Environmental Reviewer 1213 Purchase Street—3rd Floor 30 Emerson Avenue New Bedford, MA 02740-6694 Gloucester, MA 01930 Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. ' 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online users: a. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b.ACEC number (provided on your 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water receipt page) (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? ' with all supplementary a. ❑ Yes ® No information you submit to the 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? a. ❑ Yes ® No ' 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: ' 1. ❑ Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. ❑ A portion of the site constitutes redevelopment ' 3. ❑ Proprietary BMPs are included in the Stormwater Management System. ' b. ® No. Check why the project is exempt: 1. ❑ -Single-family house ' wpaform3.doc•rev. 1/3/2013 Page 6 of 8 1 ' \r Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cilyrrown C. Other Applicable Standards and Requirements (cont'd) 2. ❑ Emergency road repair 3. ❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or ' equal to 4 units in multi-family housing project)with no discharge to Critical Areas. D. Additional Information ' Applicants must include the following with this Notice of Intent(NOI). See instructions for details. Online Users: Attach the document transaction number(provided on your receipt page) for any of the ' following information you submit to the Department. 1. ® LISGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. ' (Electronic filers may omit this item.) 2. 0 Plans identifying the location of proposed activities(including activities proposed to serve as a ' Bordering Vegetated Wetland [BV\M replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. ❑ Identify the method for BVW and other resource area boundary delineations (MassDEP BVW ' Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. ' 4. ® List the titles and dates for all plans and other materials submitted with this NOI. Excavation Plan a. Plan Title ' Project Consulting Services, Inc. NA b. Prepared By c.Signed and Stamped by August 8, 2014 3/32" = 1' -0" d. Final Revision Date e.Scale f.Additional Plan or Document Title g. Date 8. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. s. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. ' 7. ® Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. ® Attach NOI Wetland Fee Transmittal Form ' g. ❑ Attach Stormwater Report, if needed. ' wpaform3.doc•rev. 1/3/2013 Page 7 of 8 Massachusetts Department of Environmental Protection ProvidedbjmassDEP" ' 0 Bureau of Resource Protection - Wetlands µ MassoEP File Numbers x WPA Form 3 - Notice of Intent � Document Transaction Number. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem '� Cityr-own E. Fees ' 1. ❑ Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: ' 1070974 xlzz( ' ate 2.Municipal Check Number 3 k d I o27 9 76 glzzli�l ' 4.State Check Number 5.Cfteck date TRC Environmental 6. Payor name on check: First Name 7. Payor name on check:Last Name ' F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that ' the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the ' requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. / 1.Signature of Applicant 2. Dat 3 �re r erent) 4. Date�,or (R,r,).artl Patvc4t $/lq,4 5.Signature Repres ativ f any) 6. Da e 1 For Conservation Commission: ' Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. ' For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. ' Other: If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. ' The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. ' wpaform3.doc•rev. 1/3/2013 Page 8 of 8 ' Spectra EneMY) Partners. ' WETLAND FEE TRANSMITTAL FORM 1 1 1 Weld Seam Survey Notice of Intent August 2014 ' Salem,Massachusetts i Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' Important:When A. Applicant Information ' filling out forms eon the computer, 1. Location of Project: us only the tab key to move your Beverly Harbor Salem cursor-do not a.Street Address . ' use the return b.City/Town key. 1027976 $237.50 c.Check number d. Fee amount 2. Applicant Mailing Address: Sabrina Hepburn a.First Name b. Last Name t Algonquin Gas Transmission LLC c.Organization 890 Winter Street, Suite 300 ' d.Mailing Address Waltham MA 02451 e. City/Town f.State g.Zip Code 617-560-1424 617-560-1360 shepburn@spectraenergy.com ' h.Phone Number i. Fax Number j. Email Address 3. Property Owner(if different): NA I! ' a.First Name b.Last Name I'll ' c. Organization d.Mailing Address e.City/Town f.State g.Zip Code To calculate h. Phone Number i.Fax Number j.Email Address filing fees,refer B. Fees to the category fee list and Fee should be calculated using the following process &worksheet. Please see Instructions before examples in the filling out worksheet. ' instructions for filling out WPA Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Form 3(Notice of Intent). ' Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. ' 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 5rrotal Project Fee: Determine the total project fee by adding the subtotal amounts from 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. ' noifeeH.doc•Weiland Fee Transmittal Form•rev.10/17/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) ' Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/individual Fee Activity Fee ' Category 2d. 1 $500.00 $500.00 I Step 5/Total Project Fee: $500.00 Step 5/Fee Payments: ' Total Project Fee: $5 To F Total a.Total Fee from Step 5 ' State share of filing Fee: b. 112 T 0 b. 1/2 Total Fee less$12.50 City/Town share of filling Fee: $262.50 c. 1/2 Total Fee plus$12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to t the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 ' Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office(see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) 1 1 ' noifeetf.doc•Wetland Fee Transmittal Farm•rev.10117/11 Page 2 of 2 ' Spectra EneTO ' Partners. ' ABUTTER NOTIFICATION MATERIALS • Abutter Notification Letter • Certified Abutter List and Map • Signed Affidavit 1 I 1 Weld Seam Survey Notice of Intent August 2014 ' Salem,Massachusetts ' Notification to Abutters under the Massachusetts Wetlands Protection Act and the City of Salem Wetland Ordinance(Chapter 50) ' In accordance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40 and the City of Salem's Wetlands Ordinance,you are hereby notified of the following pubic hearing on the matter described below. ' A.The name of the applicant is: Algonquin Gas Transmission, LLC B.The address of the lot where the activity is proposed is: ' Offshore investigation of pipeline in Beverlv Harbor. C. The work proposed is in the jurisdiction of the Massachusetts Wetlands Protection Act and/or ' Salem Wetlands Ordinance is as follows: Algonquin Gas Transmission. LLC proposes to expose a maximum of 4 linear feet of the buried HubLine Pipeline in Beverly Harbor using hand letting techniques to excavate 80 cubic yards of ' sediment as part of a weld seam survey. D. Copies of the Notice of Intent may be examined at: Salem City Hall Annex,.120 Washington Street in the Conservation Commission office between the hours of 8:00 AM and 4:00 PM ' Monday through Wednesday, 8:00 AM and 7:00 PM Thursday, and 8:00 AM and 12:00 PM on Friday. ' E. Copies of the Notice of Intent may be obtained from the applicant's representative TRC Environmental by calling Dan Herzlinger at this telephone number (978) 656 -3525 between the hours of 8:30 AM and 5:00 PM.Monday-Friday F. The Public Hearing will be held on September 11, 2014 at 6:00 PM in the Salem City Hall Annex, Room 313,Third Floor Conference Room located at 120 Washington Street,Salem,MA. NOTES: 1. Notice of the public hearing, including its date,time,and place,will be published at least five ' (5)days in advance in the Salem News. 2. Notice of the public hearing, including its date,time,and place,will be posted in the Salem City Hall not less than forty-eight(48)hours in advance. ' 3. You also may contact the Salem Conservation Commission or the Department of - Environmental Protection Northeast Regional Office for more information about this application.To contact the Salem Conservation Commission, please call Tom Devine, ' Conservation Administrator/Staff Planner at 978-619-5685. i I AInvestigation Area Hui Long Seam 1 — - IV. t'P+z Is- It 1 � r • _ Beverly Harbor ' 080 1 YC r�, :n3 .z: . M1 � � ♦ } ( ' 37.0064 ? 42 0100X. " ++ 4&wo . Collins(Rove ExistingProposed Salem Lateral Pipeline BEVERLY Algonquin HubLine Pipeline Pipeline .. . O Hubi Hot -. M HubLine Long Seam Investigation Notificationr' 1 1 Con[actl Contact2 Addressl City State Zip Spread TractType TractName City of Salem Salem City Hall 93 Washington 5t Salem MA 01970 N/A 37 0080 Crete LLC Lagonakis Nondas,Trustee 9 Bridge Street Salem MA 01970 Rte 2B and Rte 1 Combined Salem Tracts N/A 37 G059 Crete LLC Lagonakis Nondas,Trustee 9 Bridge Street Salem MA 01970 Rte 2B and Rte 1 Combined Salem Tracts N/A 37 0061 Boston Gas Company/National Grid 40 Sylvan Road Waltham MA 02451 Warehouse 37 0064 Boston Gas Company/National Grid 40 Sylvan Road Waltham MA 02451 Warehouse 42 0100 CITY OF SALEM ASSESSORS OFFICE CITY RALL SALEM,MA 01970 T— Lf:;- J v-1 ✓ 0918/09[99 AJOAV Dane alggeowoo ww Lg x ww 9Z lewJol ap auenup3 ' 091&'0915g JUaAV WUM eigpedwoD„81S Z x„i,azis lagel 11I WATER ST 1 2.122.1 115 WATER ST 1 2,122.19 117 WATER ST & 2422-28 LUC: 102 LUC: 102 LUC. IO2 CHAMBRE DENISE 0 MANSOUR MATTHEW SAVASTA REALTY TRUST PO BOX 07264 115 WATER ST U19 SAVASTA JOHN J TR FORTMYERS, FL 33919 BEVERLY, MA 01915 68 ASPEN RD ' - SWAMPSCOTT. MA 01907 111 WATER ST 1, 2.122.10 111 WATER ST 2 2.122-2 117 WATER ST 2 2-122-29 LUC 102 LUC. 102 - LUC. 102 ESCOBAR NATALIA SCIBELLI LOUIS M UITALIEN MARK L 1225 NW PINE LAKE DR SCIBELLI KATHERINE E UITALIEN DEBORAH L STUART, FL 34994-9432 111 WATER ST U2 117 WATER ST U29 BEVERLY, MA 01915 BEVERLY, MA 01915 ' III WATER ST 1 2-122-11 115 WATER ST 2 2.122.20 111 WATER ST 3 2.122-3 LUC 102 LUC 102 LUC 102 BERNICE M CONWAY REVOCABLE TR COSTAS ELAINE FLANDERS HILLARY J ' C/O LARRY BARTLETT 115 WATER ST U20 111 WATER ST U3 152 JASON ST BEVERLY, MA 01915 BEVERLY, MA 01915 ARLINGTON, MA 02476 111 WATER ST 1 2-122.12 117 WATER ST 2 2-122.21 117 WATER ST 3 2-122.30 ' LUC: 102 LUC: 102 .LUC.: 102 ATKINS GEORGE W III FAULKNER ROBERT R PEARSON WENDY M ATKINS ABIGAIL S 117 WATER ST UNIT 22 117 WATER ST U30 111 WATER ST UNIT 12 BEVERLY, MA 01915 BEVERLY, MA 01915 BEVERLY. MA 01915 115 -WATER ST 1 2.122.13 117 WATER ST 2. 2-122.22 117 WATER ST 3 2.122-31 LUC 102 LUC: 102 LUC. 1D2 PANZA MARIO FAULKNER ROBERT R JOHNSON MICHAEL C PANZA IRMA J 117 WATER ST UNIT 22 117 WATER ST U31 115 WATER ST U13 BEVERLY, MA 01915 BEVERLY, MA 01915 ' BEVERLY, MA 01915 115 WATER ST I. 2.122-14 117 WATER ST 2 2.122-23 117 WATER ST 3, 2.122-32 LUC 102 LUC 102 LUC 102 ' PARK SEONHEE 117 WATER ST,UNIT 23 RLTY TR STEMIC REALTY TRUST MUN HEUN GOODHUE DAVID 8 JEANNINE S TR FATTEN BRUCE P TR 115 WATER ST U14 13 TREMONT ST PO BOX 3913 BEVERLY, MA 01915 MELROSE, MA 02176 PEABODY, MA 01960 ' 115 WATER ST 1 2-122-15 117 WATER ST 2 2.122-24 121 WATER ST 3 2.122-33 LUC: 102 LUC 102 LUC 102 CLUNE RUTH WIJESINGHE NUWAN A DISTELBRINK MARTIN ' 115 WATER ST U15 117 WATER ST UNIT 24 121 WATER ST U33 BEVERLY, MA 01915 BEVERLY, MA 01915 BEVERLY, MA 01915 115 WATER ST 1, 2-122-16 117 WATER ST 2 2 122-25 121 WATER ST 3 2-122-34 LUC: 102 LUC: 102 LUC 102 THEOKAS ANNE MARIE THOMPSON SANDRA DUBOIS LAWRENCE V 115 WATER ST U16 117 WATER ST U25 DUBOIS CATHERINE A ' BEVERLY, MA 01915 BEVERLY, MA 01915 121 WATER ST U34 BEVERLY, MA 01915 11$ WATER ST 1 2.122.17 117 WATER ST 2, 2-122.26 121 WATER ST 3 2-122.35 ' LUC 102 LUC 102 - LUC. 102 GILBERT ROBERT N DRAGONAS DENIS J COMMETTE KEVIN 11:WATER ST U17 DRAGONAS PHYLLIS J 121 WATER ST U35 BEVERLY. MA 01915 109 BRENTWOOD CIRCLE BEVERLY, MA 01915 ' NOANDOVER, MA 01845 15 WATER ST 1. 2.122-18 117 WATER ST 2' 2-122-27 121 WATER ST T 2=122-36 LUC 102 LUC 102 LUC: 102 ' MAILMAN SCOTT S SILVA MARK A WRIGHT OANIEL J JR MAILMAN BRANDIE LIN ROETS 117 WATER ST U27 5 MOODY POINT DR 115 WATER 5T U18 BEVERLY, MA 01915.508Z NEWMARKET, NH 03857 ' tlEVERLY, MA 01915 label size 1"x 2 5/8"compatible with Avery®5160/8160 ESgoene de format 25 mm x 67 mm compatible avec Avery 05160/8160 0918109 tSe tiany 39Aa agjedwoa ww L9 x ww SZ lewiol ap allantIq 0918/0915®/aaAV um alglledwoa„8/9 Z x"l azis lagel 9L6t0 VW '08RA39 9LCO VW 'AIH3A38 ' St6L0 vW 'AlH3A38 osn 15831vM cZL Son 1S H31VM Lzt On 1S 831VM 61 t Hl J M380NV NMONOW V AONVN NOSH31LV l ' r 1H380'd A3NN3V.. 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MA 01915 ' BEVERLY, MA 01915 . 119 WATERST 6 2.12245 113 WATER ST 7. 2.12244 109 WATER ST 0 2-122-0103 LUC, 102 LUC: 102 LUC 102 CHALUPOURSKI CHESTER J 113 WATER ST U74 BEV RLTY STORY REALTY TRUST ' NABIALCZYK MALGORZATA MAGER DEBORAH A TR STORY FRANCIS P TR 119 WATER ST U65 137.139 ELLIOTT ST 109 WATER ST U703 BEVERLY, MA 01915 BEVERLY, MA 01915 BEVERLY, MA 01915 ' 119 WATER ST & 2,122.66 113 WATER ST 7 2-122-75 109 WATER ST D 2-122-D104 LUC: 102 LUC: 102 LUC 102 EVERETT JACLYN A HEIGH GEOFFREY P SCHWARTZ JAMES C ' 119 WATERST U66' 113 WATER ST U75 SCHWARTZ CYNTHIA CLARK BEVERLY, MA 01915 BEVERLY, MA 01915 1510 STAG POINT RD SAN ANTONIO. TX 78248-1345 113 WATER ST 6 2-122-67 113 WATERST 7, 2.122.76 109 WATER ST D 2.122-0105 ' LUC: 102 LUC 102 LUC. 102 ALBRINCK DOUGLAS R FLYNN MARY FRANK 8 VIVIAN BEDNARSKI TRUST 113 WATER ST UNIT 70 FLYNN LORRAINE BEDNARSKI FRANK A TR ' BEVERLY, MA 01915 24 OMAR TERRACE 109 WATER ST U106 NEWTON, MA 02460 BEVERLY, MA 01915 119 WATER ST 6. 2-122-68 113 WATERST 7 2-122.77 109 WATER ST 0 2-122.0108 LUC, 102 LUC 102 LUC 102 ' DIFAZIO RACHEL 1 RIZZO JOHN J III JOANNE CIESINSKI A INC ONL TR 119 WATER ST U68 RIZZO SUSAN CIESINSKI JOHN P TR BEVERLY, MA 01915 113 WATER ST U77 109 WATER ST D106 BEVERLY, MA 01915 BEVERLY, MA 01915 113 WATER ST 6' 2422-69 113 WATER ST 7 2-122.78 109 WATER ST D 2-122-D201 LUC. 102 LUC: 102 LUC: 102 PERKINS FAMILY TRUST OF 2011 KIRSCH DANIEL J KLINE MARIA A PERKINS STEPHEN R TR 113 WATER ST U78 14 HARBOR AVE 113 WATER ST U69 BEVERLY, MA 01915 MARBLEHEAD. MA 01945 BEVERLY, MA 01915 ' 111 WATER ST 7 2.122-7 113 WATERST 7' 2.122.79 109 WATER ST D 2-122-0202 LUC. 102 LUC, 102 LUC! 102 CIARLETTA ANDREW J MURRAY JAMISON E LPH 2O07 TRUST ' 111 WATER ST U7 MURRAY LISA N HOLMGREN LEONARD P TR BEVERLY. MA 01915 1590 MEADOWBROOK CT 1661 CRYSTAL AIR DR NICEVILLE, FL 32578-8815 S LAKE TAHOE, CA 961504952 ' 113 WATERST 7- 2-121,711 111 WATERST 8 2.112.1 1119 WATER ST 0 2.122•D203 LUC. 102 LUC, 102 LUC' 102 AHORDINI CHRISTOPHER WEAVER KIM E BATTY BOYDEN C 3 BAYBERRY LN I I I WATER ST U8 CIARAVELLA JOANNE M ' GEORGETOWN. MA 01833 BEVERLY, MA 01915 109 WATER 5T U407 BEVERLY, MA 01915 t 13 WATER ST 7 2-122.71 111 WATERST 9 2-122-9 109 WATER ST D 2.122-D204 ' LUC' 102 LUC! 102 LUC 102 LANDERS ANDREW M MORSE GLENN C BROWN DORIS M 113 WATER ST U71 111 WATER ST U9 109 WATER ST U204 BEVERLY, MA 01915 BEVERLY, MA 01915 BEVERLY, MA 01915 t113 WATERST 7 2-122.72 109 WATER ST D 2-122-D101 109 WATER ST 0 2-122-D205 LUC: 102 LUC. 102 LUC. 102 ' PO ELITUN LLC BILLS PRISCILLA C 109 WATER ST U205 RLTY TR CIO THOMAS NUTILE C70 GEORGIA L BILLS RUSSELL RICHARD TR 113 WATER ST U72 26 LOTHROP ST 708 BIRD SAY DRIVE WEST ' BEVERLY, MA 111911 BEVERLY, MA 01915 VENICE, FL 34285 label size 1"x 2 5/8"compatible with Avery®5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160 09f.9/091SO AJOAy OBAe algge❑WOJ mw L9 x mm SZ feWiof as aganbi 0918/0919¢tiaAV g1IM 9lglfedWo3„8!S Z x„t azls lagel ' SL6tO VW 'AI83A39 ' Ocoon is k31vM 60t l NAIIkVW NOINII ' a 30fl NOlNII ZOt :Onl COOQIZ -Z ❑ 1S k31VM 60'• ' SLUG VW 'AIk3A30 OZOvn 1S 831vM 6o1 r 31H31VA 631MV1 r NI18M 83VAYI ' L06 0nl ZOV❑-ZZ11z . 1S 831VM 601 91,61,0 VW 'Alk3A38 ' Loon is k31vM 60t HI S31NVH0 0 SS3NNVA 1Sn8133NIWCN SS3N NVA , zoL 0rll 10v0-ZLt-Z ❑ 1Sk31vM 60t 9t6L0 VW 'Alk3A39 Nun 1S k31VM 60t ' r 13VH01W SIkVONVki NIS3 S18V9NVk 11kVN zot ❑nl 90c0-zz L1z ❑ 1S831VM 60L St6L0 VW 'Alk3A39 60Vn LS k31VM 60t L06LO VW '1LOOSdWVMS , V dnllHd ANNV9 Vt#❑k 3SIOVkVd 066 U A3kk1 A11VYVd AdkV9 011 1N3WLS3ANI 1NIOd NOnl ME 10n1 Lot Onl 6OV❑-zzvz ❑ 1S k31VM 6OL 9000-ZZL4 0 1S 1131VM 60l 91610 VW 'Alk3A39 S16t0 vW 'A18 38 ❑eOVn is k31vM 60t VOcn 1S k31VM 60t N331H1V31 1lntlklWV V❑IONW H11WS❑l00 ' ❑HVH❑Ik 1lnVkIWV NvldVx 31NN09 H11WS❑100 ZOL .Onl ZOL :0n1 9ov0-Zz VZ 0 1S 831VM 601 VOcO-ZZL-Z 0 1Sk31VM 60L SLOW VW 'A183A39 , Lovn is IA31VM 601 S16LO VW 'Alk3A39 W 3NNVOr V113AVVID Cot IINn 1S k31vM 60L O N30A09 AllV9 _ k313d NONN31 , zot :�nl z6t Onl LovO-ZZI t 0 1S k31vM 601 Eoco�zzvz 0 is k31VM 60L cZZCO HN 'NO1dWVO LOLVO 3W 'H13BVZIl3 3dV❑ ' Ok 3001H ONISW 69 08 80NA ZikvnO S 0 WVIIIIM NOiDNI"VH NVWM3N 3NVI0 N1ddVd ill ALIk 380HS H1kON WdA30 N3A31S❑HVH01k NlddVd ZOL :Onl ZOL :0n1 ' 90vO-ZZL-Z 0 1S k31VM 60t zKo-ZZL-Z ❑ 1S631VM WL LOSLO VW 'LL00SdVJVMS MtO VW '0131jSd0l ' Vl#Ok 3SIOV'dVd 066 SNOWW00 H91IONa ZL 0111N3WMANI 1NI0d NOnl 01I Altl3A38 NIW8VN ME :Onl ME 'Onl SovolMle ❑ 1S631VM 60t toco-ZZ1-Z 0 13831N7M 6 LL ' 9 t6LO VW 'Alk3A39 LLZ06 V0 'H❑V39 O❑NW0 18 90Zn is k31VM 60L 9LZ#3AV VNIlV1VO S OCZ V 30nv10130nv3B ' ❑HVHM03 331d30NN N Hlionr 130nv-39 ZOL 'Onl Mt -DAI vov0-Zzv2 ❑ 1S k31VM 60L 90Z0•ZZt-z 0 1Sk31vM 60L .' label size 1"x 2 5/8"compatible with Avery 351 6 0/81 6 0 Etiquette de format 25 mm x 67 mm compatible avec Avery 95160/8160 C , -71-C)J 1 -G)—j U9lWU9LSV Nang adne alygcuwua ww 2B n ww SL Idw,uy dp dAd11U1 j 1 — 0918/09LS®4j8ntl qrm algEdwoo,91s Z x„l ans 9ge1 15 WATER ST 1.83 43 WATER ST 2.126 LUC. 384 LUC 384 ' BEVERLY PORT MARINA INC BEVERLY PORT MARINA INC ATTN SUZANNE KINZIE ATTN SUZANNE KINZIE 43 WATER ST 43 WATER ST ' BEVERLY, MA 01915 BEVERLY, MA 01915 1 WATER ST 1-85 LUC- 931 August 19, 2014 CITYOFBEVERLY' 191 CABOT ST Certified Abutters LIst of owners BEVERLY, MA 01915 within the City of Beverly along the waterfront near the HubLine ' CABOTST 1.86 Long Seam Investigation area. LUC. S30 CITY OF BEVERLY 191 CABOT ST BEVERLY, MA 01915 Assistant Assessor City of Beverly 11 CABOT ST 1.87 ' CITY OF BEVERLY LUC 931 HARBOR MGT SLOG ' 191 CABOT ST BEVERLY, MA 01915 127 WATER ST 2-120 ' LUC: 364 JUBILEE YACHT CLUB 127 WATER ST BEVERLY, MA 01915 ' 113 R WATER ST 2-122Z LUC! 384 TUCK POINT MARINE CORP 491 HUMPHREY ST SWAMPSCOTT, MA 01907 ' WATER ST 2.123 LUC. 384 BEVERLY PORT MARINA INC ' ATTN SUZANNE KINZIE 43 WATER STREET BEVERLY, MA 01915 ' 19 WATER ST 1,123A LUC 315 BIRARELLI RICHARD A BIRARELLI JEAN L ' 44 WESTERN AVE BEVERLY, MA D1915 47 B WATER ST 2.124 ' LUC 304 FORTY SEVEN 8 WATER ST RL I KIBODEAU ALFRED J TR ' 24 SUNSET DR BEVERLY, MA 01915 47 A WATER ST 2-125 LUC: 384 ' BEVERLY PORT MARINA INC ATTN SUZANNE KINZIE 43 WATER ST BEVERLY, MA 01915 - label size 1"x 2 5t84 compatible with Avery®516018160 Etiquette de format 25 mm It 67 mm compatible avec Avery eS 160/0160 AFFADAVIT OF SERVICE ' Under the Massachusetts Wetlands Protection Act ' (to be submitted to the Massachusetts Department of ' Environmental Protection and the Conservation Commission when filing a Notice of Intent) I, Daniel J. Herzlineer hereby certify under the pains and penalties of perjury that on ' August 26, 2014, 1 gave notification to abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 8, 1994, in connection with the following matter: ' A Notice of Intent filed under the Massachusetts Wetlands Protection Act by ' Algonquin Gas Transmission, LLC for the Long Seam Survey associated with the Salem Lateral Project in Salem, MA. This filing was submitted to the Salem Conservation Commission on August 27, 2014. ' The form of the notification, and a list of the abutters to whom it was given and their addresses, are attached to this Affidavit of Service. D � 8/26/14 Name Date 1 1 1 ' Spectra Energy)) ' Partners. ' ATTACHMENT A Project Narrative Weld Seam Survey Notice of Intent August 2014 1 Salem,Massachusetts ' Spectra Energy) Partners, 1.0 INTRODUCTION Algonquin Gas Transmission, LLC ("Algonquin"), a wholly owned subsidiary of Spectra Energy Partners, LP, proposes to conduct an investigational survey of its existing offshore HubLine pipeline in Beverly Harbor for the purpose of confirming the location of the longitudinal weld seam on the pipeline. The exact location of this longitudinal weld seam must be identified in the field to confirm that the weld seam position will be acceptable for a "hot-tap" installation'as part of the design of the proposed Salem ' Lateral Project ("Project"). The Salem lateral Project will consist of a new 16-inch diameter pipeline and associated meter and regulator station facility to transport natural gas from the HubLine pipeline, which is buried beneath the seafloor of Beverly Harbor, to the Footprint Power Salem Harbor Development, LP ("Footprint") facility in the City of Salem, Massachusetts. Algonquin is planning to file a separate application for the authorization needed to construct the Salem Lateral Project in the fall of 2014. The investigational survey that is the subject of this filing is required to complete the tie-in design for the proposed Project. Algonquin must excavate a small area of the seafloor to uncover the buried HubLine pipeline at the ' proposed Salem Lateral tie-in location to verify the location of the longitudinal weld seam ("weld seam"). A U.S. Geological Survey ("USGS") quadrangle map (Figure 1) and National Oceanic and Atmospheric Administration ("NOAA") Nautical Chart (Figure 2) have been provided in Attachment B ' showing the work area. As the weld seam survey will require work within coastal resource areas that fall under the jurisdiction of the Salem Conservation Commission, this Notice of Intent ("NOI") has been prepared and filed with the Salem Conservation Commission pursuant to the Massachusetts Wetlands Protection Act ("WPA") and its implementing regulations at 310 CMR 10.00, as well as the Salem Wetlands Protection Ordinance (Ch. 50). Algonquin is proposing this work as a limited project for the construction of a new utility per 310 CMR 10.24(7)(b). As required, a copy of this NOI has also been sent to the Massachusetts Division of Marine Fisheries ("MDMF")for review. Notwithstanding anything to the contrary set forth in this application, nothing stated herein shall be construed to indicate that any state, regional, or local agency referred to has the power to impose any requirement inconsistent with Federal law or to refuse to issue or to unreasonably delay the issuance or processing of any state, regional, .or local permit, license, certificate, approval, review, or other requirement: nor shall this document be construed to limit Algonquin's legal rights under the Natural ' Gas Act (15 U.S.C. § 717, et seq.), Pipeline Safety Act (49 U.S.C. § 60,101, et seq.), or the United States Constitution, including, but not limited to, the Supremacy Clause and Commerce Clause. ' Hot tapping, also known as pressure tapping, is a technique which allows for pipeline connections without interrupting gas flow in the operational pipeline. Installing a hot-tap through a longitudinal seam could jeopardize the integrity of the weld and lead to mechanical failure of the pipeline; therefore, hot-taps are designed so they .' are positioned circumferentially to avoid the longitudinal seam. Confirmation of the location of the seam is performed prior to construction so that its location can be accounted for in the design of the hot-tap. Weld Seam Survey Notice of Intent 1 August 2014 Salem,Massachusetts Spectra Energy) ' Partners,. , 2.0 SITE AND PROJECT DESCRIPTION 2.1 Beverly Harbor Background ' Beverly Harbor is an estuarine system that receives freshwater inputs from tributaries of the Danvers River estuary and saltwater inputs from the Salem Sound and Atlantic Ocean. At the location of the weld seam survey, the water depth ranges from approximately 3 to 11 feet below mean low water and is classified as subtidal estuarine and marine deepwater, permanently flooded with an unconsolidated bottom (ElUBL) by the NWI mapping. Tides within the harbor are semi-diurnal with a mean amplitude ' of nine feet which provides substantial flushing MDWPC 1985 as cited in Chase et al. 2002 . The tidal P g ( ) currents in the area are relatively slow and range between 5 centimeters per second and residual ' currents of 2 centimeters per second (CDM, 1986a and 1986b, as cited in ASA, 2001). The Massachusetts Surface Water Quality Standards (Massachusetts Administrative Code 314 CMR 4.00) classifies Beverly Harbor as a Class SB water. In accordance with Massachusetts Surface Water Quality Standards, Class SB waters are designated as habitat for fish, other aquatic life and wildlife, including reproduction, migration, growth, as well as for primary and secondary recreation. Beverly Harbor is also designated as a shellfish harvesting area, which includes Restricted and Conditionally Restricted Shellfish Areas (Massachusetts Surface Water Quality Standards 314 CMR 4.05(4)(B)). According to Section 303(d) of the federal Clean Water Act, Beverly Harbor does not meet the water , quality criteria for its designated uses due to high levels of fecal coliform, and as such, is a Massachusetts impaired water body. In addition, there are no Outstanding Resource Waters (waters defined in the MassDEP Surface Water Quality Standards (314 CMR 4.00) as having outstanding socio- economic, recreational, ecological and/or aesthetic values) in or near Beverly Harbor. Finally, there are no National or State Recognized Exceptional Quality Waters in the vicinity of Beverly Harbor. 2.2 Proposed Work The proposed weld seam survey involves the use of divers and support vessels to investigate the existing HubLine pipeline. To visually confirm the weld seam relative to the circumference of the HubLine pipeline, divers will completely expose a maximum 4-foot segment of the buried HubLine pipeline at the , proposed hot-tap tie-in location (Figures 1 and 2, Attachment B). The total work area, including side slopes, is 32 feet by 30.5 feet as depicted in the Excavation Plan and Cross-Sections (Attachment C) and described in more detail below. 2.2.1 Survey Methodology Divers will use water jets to excavate the seafloor at the proposed hot-tap tie-in location to a maximum depth of approximately 7 feet (Attachment C). Excavation will continue until the pipeline has been fully exposed, or until the weld seam location has been positively and safely identified. The excavated hole will have a slope of an approximate 2:1, horizontal to vertical and the expected excavation footprint is , approximately 0.019 acres (Attachment C). The estimated volume of dredge material to be excavated is approximately 80 cubic yards ("cu. yds."). Divers will excavate the least amount of sediment necessary to adequately expose the HubLine pipeline to confirm the radial position of the weld along the , circumference of the pipe. r Weld Seam Survey Notice of Intent 2 August 2014 Salem,Massachusetts , Spectra Energy) I ' Partners, Once the excavation has been completed and the position of the weld seam confirmed, the trench will be backfilled with sandbags to protect the Hubline pipeline. These sandbags would remain in place until removed with the construction of the proposed Salem Lateral in the summer of 2015. The estimated duration for the weld seam survey work is approximately five days: 0.5 days for survey and set-up procedures; 3 days to excavate the hot tap area via jetting, 0.5 days to identify the weld seam, and 1 day to backfill the location with sandbags and conduct a final survey. Algonquin intends to ' conduct the weld seam survey in early to mid-October 2014. This work will take place entirely within the subtidal zone of Beverly Harbor. Coastal wetland resource areas which are potentially affected by the survey are summarized in the following sections and depicted on the Figure 3 in Attachment B. ' 3.0 COASTAL WETLAND RESOURCE AREAS The weld seam survey has limited potential to cause adverse impacts to coastal waterways and coastal ' wetlands protected under the WPA regulations (310 CMR 10.21 to 310 CMR 10.37). Algonquin has conducted extensive desktop review, targeted resource surveys, and mapping and analysis of the coastal resources in Beverly Harbor and Collins Cove for the Salem Lateral Project. These desktop and ' field surveys were used to characterize coastal wetland resource areas in the weld seam survey area in accordance with the WPA and 310 CMR 10.00. The three resource areas that have been identified as having the potential to be impacted are land under the ocean (310 CMR 10.25), land containing shellfish (310 CMR 10.34), and anadromous/catadromous fish runs (310 CMR 10.35). Data for the coastal resource assessment was obtained from the following sources: ' • Massachusetts Department of Environmental Protection ("MassDEP") Wetland Data and U.S. Fish and Wildlife Service ("USFWS") National Wetlands Inventory("NWI") Mapping; ' • USGS quadrangle map (Attachment B- Figure 1); • NOAA Chart (Attachment B- Figure 2); • Massachusetts Geographic Information System ("MassGIS"); • Massachusetts Executive Office of Environmental Affairs MassGIS — Department of Marine Fisheries (2000 data); • Shellfish Survey —Normandeau Associates, Inc. (April, 2013); ' • Sediment Dispersion Modeling Study—RPS ASA(July, 2014); • Sediment Sampling Report—TRC Environmental Corporation (June, 2014); and • Essential Fish Habitat Study—TRC Environmental Corporation (July, 2014). ' The resource review confirmed that three resource areas in the vicinity of the survey have the potential to be impacted by the survey work. These resources have been mapped in Figure 3 (Attachment B). ' Given the small impact area and short-term scope of work, impacts to these areas are anticipated to be temporary and minimal. ' 3.1 Land Under Ocean The coastal resource area, Land Under Ocean ("LUO"), in a tidally influenced water body, means "land extending from the mean low water line seaward to the boundary of the municipality's jurisdiction and ' Weld Seam Survey Notice of Intent 3 August 2014 Salem,Massachusetts Spectra Energy) Partners. ' includes land under estuaries' according to 310 CMR 10.25(2). LUO is likely to be significant to the protection of marine fisheries and,where there are shellfish, to protection of land containing shellfish. ' Nearshore LUO areas are likely to be significant to storm damage prevention, flood control, and protection of wildlife habitat. The weld seam survey is to be conducted in the subtidal area of Beverly Harbor (Figure 3, Attachment B), which is situated within the LUO resource area. The results of ' Algonquin's desktop assessments, sediment sampling field program, and sediment modeling results provide additional background on the LUO resource area as described in the following sections. Sediment Chemistry , Algonquin conducted vibracore sediment sampling in Beverly Harbor in April 2014 to characterize the material that would be excavated to construct the Salem Lateral pipeline (TRC, 2014). Samples were tested for the presence of volatile organic compounds ("VOCs"), polycyclic aromatic hydrocarbons ("PAHs"), polychlorinated biphenyl congeners, extractable petroleum hydrocarbons ("EPH"), multiple metals, pesticides, total organic carbon, percent moisture, and grain size. The sediment analysis results ' were compared to EPA Biological Technical Assistance Group marine screening benchmarks and NOAA Effects Range-Low ("ERL") and Effects Range-Median ("ERM") sediment quality guidelines. Although these samples were collected specifically for the pipeline construction design, the results provide data , on the nature of the sediments that will be temporarily disturbed for the weld seam investigation. Although some compounds were detected slightly above the EPA Region III Marine Sediment Screening Benchmarks (EPA, 2006) and/or NOAA Sediment Quality Guidelines (NOAA, 1999), the study results indicated that overall, metal concentrations and contaminant levels were low. The low VOC, EPH, PAH, polychlorinated biphenyl, and/or metals concentrations detected in the sediment samples suggest that dredged sediment within the proposed work area is suitable for reuse on site. The metals detected are known to occur naturally in sediment (NYSDEC, 1999) (Carvalho and Schropp, 2002), and even with the known industrial history of the Danvers River and Beverly Harbor areas, the concentrations are low. , Since only one shallow sample had any contaminant above ERM levels, and in all other instances contaminant detections were only slightly above ERL levels, the potential for environmental impact, harm to marine biota, or potential for dispersal of contaminants at elevated concentrations is minimal. Sediment Grain Size ' Algonquin's sediment analysis for grain size at locations along the Salem Lateral pipeline route in Beverly Harbor (TRC, 2014) found that sediment in the survey area consists of a mixture of grain size material, ranging from a relatively small fraction of silts and clays to several sizes of sand with a relatively small fraction of gravel. Vibracores collected from Beverly Harbor provide an indication of typical grains sizes in the area. A sample vibracore advanced to a depth of nine feet into the sediment was comprised of 14 percent silts and clays, 15 percent fine sand, 65 percent medium and coarse sand, and 7 percent fine gravel. In another nearby vibracore, the top three feet of the sediment consisted of 7 percent silts and clay, 15 percent fine sand, 49 percent medium and coarse sand, and 29 percent coarse gravel (TRC, ' 2014). Sediment Dispersion , Project-specific sediment transport modelling (RPS ASA, 2014), for the hand-jetting activity at the weld seam survey location, assessed the duration (hours), distance (feet) and area (acres) of the water column which would experience increases in suspended sediments using five levels of concentration ranging between 5, 10,.20, 50, and 100 milligrams/liter ("mg/L"). In addition, modeling scenarios included the spatial extent of sediment deposition that would occur from the hand jetting activity at the weld seam survey location. ' Weld Seam Survey Notice of Intent 4 August 2014 Salem,Massachusetts , Spectra Energy) Partners, Sediment transport modelling predictions indicate that suspended sediments in the water column at concentrations of 20 mg/L above background levels would extend approximately 375 feet from the weld seam survey site (Figure 4, Attachment B). In addition the approximate spatial area covered would be 0.98 acres (0.4 hectares) and the duration of exposure to the 20 mg/L concentration would be approximately one hour. Although areas in closer proximity to the hand jetting activity would experience greater suspended sediment concentrations (50 and 100 mg/1), these increased areas of concentrations would extend over less distance (<100 feet) and remain for much shorter exposure times (approximately 20 minutes) than those areas that will be subject to suspended sediment concentrations that are 20 mg/L above background level. In addition, model predictions indicate that the spatial extent of sediment deposition from hand jetting during the weld seam survey would range from approximately 150 feet for a thickness of 0.5 millimeters to less than 100 feet for a bottom thickness of 20 millimeters (Figure 5, Attachment B). Benthic Habitat ' Prior sampling work conducted for the HubLine Pipeline Project revealed that the general characteristics of benthic habitats in subtidal areas of Beverly Harbor primarily support a pioneering community consisting of low taxa richness, high abundance, and low-moderate biomass (Duke, 2000). The annelids, ' Streblospio benedicti, and Polydoro ligni and the bivalve mollusks Anomia sp., Mytilidae, and Myo arenaria are typical fauna of the shallow soft bottom areas in the inner harbor (NAI, 1989, as cited in Duke, 2000). The annelid infauna reflects a pioneering community adapted to stressful conditions. It is ' composed mostly of surface and near surface deposit feeders with high reproductive and recruitment capacity. These species are generally indicative of poorly oxygenated sediments. They are small-bodied organisms that offer food resources mostly by virtue of their high abundances rather than biomass. The ' bivalves present are filter feeders, which indicate generally acceptable water quality conditions. The nearby Lobster Rocks does provide intertidal and subtidal rocky habitat that includes macroalgae and substrate for sessile attached invertebrates such as barnacles, mussels, hydroids or bryozoans, as well as 1 mobile fauna such as limpets, snails, urchins, and crabs. Results of a site-specific shellfish study for the survey area conducted in April 2013 are discussed in the Section 3.1.2 below. ' MassGIS database review indicates that there is no mapped eelgrass beds in or adjacent to the weld seam survey area. In addition, a preliminary drop camera survey conducted by Algonquin in 2013 in conjunction with geotechnical investigations failed to identify any eelgrass beds. During August 21 and 22, 2014, Algonquin conducted an eelgrass survey of the Salem Lateral Project proposed workspace, as well as within the modeled plume areas of increased suspended solids (20 mg/1) and sediment deposition (0.5 mm). Five of the survey transects also extended an additional 300 feet into adjacent areas. Survey results indicated that no eelgrass was present within the workspace or modeled plume/deposition areas, nor in the immediate adjacent areas. A few individual blades of eelgrass were noted more than 300 feet outside of the workspace or plume areas north of Lobster Rocks. 3.2 Land Containing Shellfish i ' Land Containing Shellfish is defined as "land under the ocean, tidal flats, rocky intertidal shores, salt marshes and land under salt ponds when any such land contains shellfish". When a resource area is ' found to be significant to the protection of land containing shellfish under 310 CMR 10.34(3), it is ' Weld Seam Survey Notice of Intent 5 August 2014 Salem,Massachusetts Spectra EneTO ' Partners, , therefore also significant to marine fisheries and the following factors are critical to protecting those interests: a) shellfish, , b) water quality, c) water circulation, and d) the natural relief, evaluation or distribution of sediment grain size of such land. Existing Shellfish Resources The MDMF has identified areas of shellfish suitability within Beverly Harbor showing mapped areas of blue mussel (Mytilus edulis), quahog (Mercenaria mercenaria) and soft-shell clam (Myo orenaria) within the large Salem Lateral Project area (MassGIS, 2014); however, there are no mapped shellfish suitability areas at the location of the weld seam survey (Figure 3, Attachment B). A site-specific shellfish study was conducted by Normandeau Associates, Inc., in April 2013 (NAI, 2013). This study revealed that the ' following shellfish were present along the proposed Salem Lateral pipeline alignment; soft-shell clam, blue mussel, European oyster (Ostrea edulis), American oyster (Crassostrea virginica), and quahog and razor clam (Ensis directis). Growing and harvesting of shellfish has been prohibited in Beverly Harbor by , the MDMF (MDMF, 2013). 3.3 Banks of or Land Under the Ocean, Ponds, Streams, Rivers, Lakes, or Creeks that Underlie an Anadromous/Catadromous Fish Run ("Fish Runs") ' According to 310 CMR 10,35, fish runs include those areas within estuaries, ponds, streams, creeks, rivers, lakes or coastal waters, which is a spawning or feeding ground or passageway for anadromous or catadromous fish. The banks of and land under the ocean, ponds, streams, rivers, lakes or creeks that underlie an anadromous/catadromous fish run are presumed to be significant to the protection of marine fisheries and the following factors are critical to protecting that interest: (a) the fish, (b) accessibility of spawning areas, (c) the volume or rate of the flow of water within spawning areas and migratory routes, and (d) spawning and nursery grounds. ' Existing Conditions Based on the presence of the fish species discussed below, the weld seam survey area in Beverly Harbor , is located within the coastal resource, Land Containing Fish Runs (Figure 3, Attachment B). Anadromous fish spawn in freshwater and grow and mature in marine waters. In Salem Sound anadromous fish include white perch (Morone americana), blueback herring (Aloso aestivolis), alewife (Alosa pseudoharengus), American shad (Alosa sapidissima), striped bass (Morone saxotalis) and rainbow smelt (Osmerus mordox), (MDMF [February 18, 2014] and National Marine Fisheries Service ("NMFS") [January 29, 2014 and March 7, 2014) Attachment D). These fish will ascend rivers and streams, typically in the spring to early summer, and spawn in freshwater above the head of tide. The American eel (Anguilla rostroto), another migratory species that can occur in the Project area, is a , catadromous species and therefore spawns in the ocean with juveniles maturing into adults in freshwater, riverine habitats. Some number of juveniles and adults of these species may migrate past the Project area on a seasonal basis (spring and fall), whereas other migratory species do not have or Weld Seam Survey Notice of Intent 6 August 2014 Salem,Massachusetts , Spectra Energy)) ' Partners, have minimal spawning activity in these rivers and would not be expected to be abundant (Chase et al., 2002). Beverly Harbor is known to contain historic anadromous fish populations associated with the Danvers River estuary (including the Bass, Porter, Crane and Waters Rivers) (MassGIS, 2014). Studies in the 1960s and 1970s caught low numbers of the three anadromous species, including no catch of alewife and 384 smelt in 1965, and one haul of nearly 900 blueback herring caught at Salem Harbor in 1973 (Chase et al., 2002). In a study of Salem Harbor, only rainbow smelt were caught during a 1997 seine ' and trawl sampling between July and November. Of the smelt caught, none were caught in the Danvers River (trawl survey in Beverly Harbor estuary waterbody). As of 1997, smelt and river herring (blueback herring and alewife are commonly combined into a common category referred to as river herring) runs ' have dwindled to low levels of detection (Chase et al., 2002). 3.4 Estimated Rare/Endangered and Priority Mapped Habitats Algonquin consulted with the USFWS, the National Oceanic and Atmospheric Association (NOAA) NMFS and the Massachusetts Natural Heritage and Endangered Species Program to determine whether any ' rare, threatened and/or endangered species have the potential to occur in the survey area. Based on the consultation, there are no known federally or state-listed threatened and/or endangered species or habitat in the survey area (see Attachment D). 4.0 IMPACTS,AVOIDANCE AND MINIMIZATION MEASURES ' The weld seam survey is a temporary activity, limited to a small area which falls fully within the footprint of a proposed cofferdam to be installed as part of the Salem Lateral pipeline construction in the future. Based on the existing coastal resources in the area, the survey is not expected to result in long-term ' effects to water circulation, water quality, or to marine resources present in Beverly Harbor. Per 310 CMR 10.25(6), projects which affect LUO shall utilize the best available measures to minimize adverse effects on marine fisheries habitat or wildlife habitat including those caused by changes in water quality. 4.1 Impacts on Water Quality, Benthic And Fisheries Habitat ' 4.1.1 Water quality The proposed hand jetting activities to expose the weld seam on the HubLine pipeline will result in ' water quality impacts such as increases in suspended sediment concentrations. As described in Section 3.0, based on modeling results, predicted increases in suspended sediments will be minor, temporary and localized (RPS ASA, 2014). The primary particles that will be resuspended as a result of hand jetting ' are silts, clays and fine sand, with coarse sand and gravels settling out quickly in the immediate area of the hand jetting. Since suspended sediment plumes are predicted to occur within only a few hundred feet of jetting, and occupy any one location in the water column for a matter of hours, not days or weeks, 'impacts on water quality will not impair use or create significant adverse conditions for marine life. ' In addition, water quality could be impacted by accidental spills and unintentional releases of substances such as diesel fuel, lubricants, and hydraulic fluid during the weld seam survey work. The risk of this happening is low, since the survey work is anticipated to be completed quickly, and vessels will not be on site very long. Regardless of the duration of work, Algonquin has prepared a Spill ' Weld Seam Survey Notice of Intent 7 August 2014 Salem, Massachusetts Spectra Energy) , Partners. ' Prevention, Control and Countermeasure Plan ("SPCC Plan") to address the handling of construction fuel and other materials. The SPCC Plan provides a set of minimum requirements to be used by the ' contractor in developing the contractor's own Project-specific SPCC Plan. To address the potential for water quality impairment, Algonquin will require that all vessels working on the survey comply with the SPCC Plan and with the applicable permit requirements for the Project. These procedures will serve to , minimize the potential for release to the environment, and in the event of a small release, allow rapid containment and clean-up. 4.1.2 Fisheries Impacts to marine life depend on the concentration of suspended sediments and the duration of exposure. Impacts to the fishery resources, including general fish, commercial and recreationally important fish and shellfish, (e.g., lobster, quahog and razor clams), and migratory species would generally be similar and are discussed below. As discussed in Section 3.0, hand jetting activities at the location of the weld seam survey in Beverly Harbor will temporarily and intermittently increase suspended sediments in the vicinity of the excavation area. Increased suspended sediments at high levels can affect respiration of fish and , shellfish, abrade gills, reduce foraging success, and reduce light penetration. In lower concentrations, suspended sediments act as an irritant and cause an avoidance response from mobile species, and can cause temporary cessation of feeding in filter feeding organisms such as clams and barnacles. While , suspended sediments can cause minor water quality degradation in any one location, mobile species such as squid, finfish, shrimp and crabs have avoidance behaviors and would likely temporarily avoid this area and move past or around the work area. With the reversing tidal flows a suspended sediment ' plume will only occupy. a small area at any one time, and so potentially impact a small number of organisms. Impacts on diadromous fish arising from the weld seam survey activities and resultant increases in , suspended sediments within the width of channelized areas in the run hypothetically could prevent adults from moving upstream to spawn or juveniles moving downstream to the ocean. The in-water , weld seam survey work would be scheduled to occur during early fall, thus avoiding the spring migration period. Fall out-migrating species may incidentally encounter sediment plumes during the weld seam survey, but areas of predicted sediment plume plots indicate that plumes would be oriented primarily ' parallel to the channel, would not occupy a majority of the cross sectional area of the Harbor and hence would not likely impede passage of migratory fish (Figure 4 and 5, Attachment B). At most, sediment plumes would only temporarily inhibit fish movement past the work area since plumes are predicted to , be of short duration and all in-water work would take place over a short period of only five days, weather permitting. Beverly Harbor likely experiences seasonally episodic increases in suspended sediments of this , magnitude. Two decades of Massachusetts Water Resources Authority ("MWRA") water quality monitoring data indicate that for an open embayment like Boston Harbor, total suspended sediment levels generally fluctuate between 2 and 4 mg/I, with occasional increases to 10 to 12 mg/I and infrequent spikes to 20 to 22 mg/I (MWRA, 2014). In contrast, coastal rivers emptying into Massachusetts Bay, such as the Charles or Neponset Rivers, tend to fluctuate around 2 to 6 mg/I, with , occasional increases to 15 to 20 mg/l, and infrequent spikes to 30 to 35 mg/l. Therefore, fish and benthos have adapted to temporary increases in suspended sediment concentrations of this magnitude, and would be minimally impacted by small plumes associated with the weld seam survey activity. In Weld Seam Survey Notice of Intent 8 August 2014 ' Salem,Massachusetts Spectra Energy) Partners, general, impacts resulting from suspension of sediments on marine water quality are expected to be localized, short-term and minor. 4.1.3 Benthic Habitat and Community ' In the estimated up to 32-foot x 30.5-foot area to be excavated, hand jetting to expose the weld seam on the HubLine pipeline will result in benthic habitat disturbance that would directly impact the benthic ' community by slightly reducing biomass, abundance, and species richness with the mortality of sessile benthic invertebrate species due to physical damage and burial at the site of the weld seam survey. However, some more resilient species, such as bivalves, may survive since they may be dislodged with ' their shells closed, and simply be jetted outside of the excavation area. As discussed in Section 3.0, sediment deposition modelling indicated that areas of increased sediment deposition ranging from 0.5 to 20 millimeters was limited to distances approximately 150 feet or less from the site of hand jetting activities (Figure 5, Attachment B). Sessile benthic infauna and epifauna may experience harm or mortality from deposition of suspended sediments. For example, tube dwelling amphipods, tube dwelling polychaete worms, and tube anemones may be buried in close proximity to the jetting, while other organisms, such as gastropods, crabs, sea urchins, seastars, brittle stars, or sand dollars can move upward through deposited sediments and would remain unharmed by deposited sediments. Sediment deposition, depending on the rate and thickness, may create disruption in feeding or respiration until ' the deposition is over, but this is unlikely to result in significant harm to these species since the durations predicted are short, and the area of the harbor seafloor subject to deposition is small. With the absence of eelgrass within the weld seam survey area or within the predicted sediment deposition footprint, no impacts to eelgrass are anticipated. Hand jetting activities will result in a temporary loss of a very small amount of bottom habitat occupied by not only sessile and mobile benthic invertebrate species, but also used as spawning habitat by ' demersal fish species, nursery area for juvenile demersal fish species, and for foraging by these species. However, the area under consideration represents a negligible amount of available habitat for these uses by these species. ' Many finfish species prey on benthic invertebrates during part or all of their life cycle. Indirect impacts include temporary and localized prey reduction to finfish species until the bottom habitat is recolonized. Some demersally-feeding finfish initially moving away from the survey activity may be attracted back to the area to opportunistically feed on injured or dead benthic organisms. Benthic habitat recovery rates are dependent upon the specific habitat, the taxa found within that habitat, and the type of equipment ' used to alter the habitat. Studies on benthic community disturbances and their impacts have predicted a wide range of recovery periods, from 100 days in sandy habitats to 10 years in gravel areas (Collie et oL, 2000). ' The small area of bottom disturbance directly affected during hand jetting during the weld seam survey may experience a shift in surficial sediment composition due to the excavation and backfilling with sand bags as well as the winnowing effect of silts and clays being transported away by tidal currents. However, the existing surficial sediments consist of only 7 to 14 percent fines (silts and clays), so the grain size shift would be minor. A minor shift in percent fines could result in some alteration of the benthic infauna) community for species that are highly selective, but the anticipated shift is likely to only result in either slight changes in abundance or diversity, not elimination of infaunal or epifaunal invertebrates, following a period of recovery resulting from reproductive and recolonization ' mechanisms. ' Weld Seam Survey Notice of Intent 9 August 2014 Salem,Massachusetts Spectra Energy) ' Partners:, ' 4.1.4 Impact Avoidance and Minimization In correspondence for the Salem Lateral Project, the MDMF has recommended a time of year ("TOY") , restriction to avoid impacts on fisheries from in-water, silt producing work from February 15th to June 30th of any year (Appendix D). In addition, NMFS has also recommended that in-water work "should , begin after June 30 to the extent possible" (Attachment D). Algonquin proposes to conduct the weld seam survey in the fall of 2014, which will comply with the recommended TOY restriction. Additional measures to minimize impacts on water quality, fisheries, benthic habitat and benthic ' community resulting from in-water activities for the weld seam survey include, rapid completion of the survey work and use of hand jetting, which is more precise than other means of dredging and will t therefore minimize the volume of sediment removed. The duration of the survey work will take place over a total of five days, weather permitting, and will cover a relatively small area (32 foot x 30.5 foot). In addition, diver operated hand jetting operations will allow for minimal support vessels necessary on the water, increased_ precision and accuracy in locating the existing HubLine pipeline, and rapid identification of the weld seam. 5.0 SUMMARY , Prior to construction of the Salem Lateral pipeline in Salem, Massachusetts, a weld seam survey of a small segment of the existing HubLine pipeline in Beverly Harbor is necessary. Visual confirmation of the weld seam will determine the location of the weld seam on the pipe, which will be used in the final design of the connection between the Salem Lateral pipeline and the HubLine pipeline. The survey will ' use hand jetting techniques to uncover a maximum of 4 feet of pipeline for a maximum depth of 7 feet. Site-specific modelling and analysis on the coastal resources in this area demonstrate that this activity will have no adverse or permanent impacts, and only the possibility for small, localized and temporary , impacts on water quality, benthos and fisheries habitat at the survey location and greater Beverly Harbor. 6.0 REFERENCES , Applied Science Associates, Inc. 2001. Fate and Transport Modeling of Contaminants in Salem Sound. , Hyun-Sook Kim and J. Craig Swanson. ASA Report 00-031. Report to the Marine Monitoring and Research Program Technical Series, MMRTS-01-01. Massachusetts Coastal Zone Management. Final Report. December 2001, 104 pp. , Carvalho and Schropp, 2002. Development Of An Interpretive Tool For Assessment Of Metal Enrichment In Florida Freshwater Sediment. Prepared for Florida Department of Environmental Protection. , Prepared by Alexandra Carvalho, Ph.D., Steven J. Schropp, Ph.D., Taylor Engineering, Inc. 9000 Cypress Green Drive, Suite 200, Jacksonville, Florida 32256, and Gail M. Sloane, Thomas P. Biernacki, Thomas L. Seal, Florida Department of Environmental Protection, Tallahassee, Florida. May 2002. Chase, Bradford C., Jeffrey H. Plouff, and Wayne M. Castonguay. 2002. The Marine Resources of Salem Sound, 1997. Massachusetts Division of Marine Fisheries Department of Fisheries, Wildlife and Environmental Law Enforcement Executive Office of Environmental Affairs Commonwealth of Massachusetts.Technical Report TR-6. October 2002, 158 pp. Weld Seam Survey Notice of Intent 10 August 2014 Salem,Massachusetts ' ' Spectra Energy) ' Partners Collie,J. S., S.J. Hall, M.J. Kaiser and I.R. Poiner. 2000. A quantitative analysis of fishing impacts on shelf- sea benthos.Journal of Animal Ecology 69: 785-798. Duke Energy Gas Transmission. 2000. HubLine Project. Algonquin Gas Transmission Company. Resource ' Report 3.Vegetation and Wildlife. October 2000. (EPA] — Environmental Protection Agency. 2006. Marine Sediment Screening Benchmarks, U.S. EPA ' Region III STAG.July 2006. [MassGIS] — Massachusetts Office of Geographic Information. 2014. Geographic Information Systems. ' Online: http://www.mass.gov/anf/research-and-tech/it-serv-and-support/application- sery/office of-geographic-information-mossgis/online-mapping/Accessed January 2014 [MDMF] — Massachusetts Division of Marine Fisheries. 2013. Shellfish Classification, Growing Area Code: N17, Area Name: Danvers River. Produced 6/28/13. ' MWRA, 2014 Boston Harbor and Massachusetts Bay MWRA Environmental Quality Department Water Quality Data (http://www.mwra.state.ma.us/harbor/html/wq data htm, accessed on line June 24, 2014) ' NOAA. 1999. Sediment Quality Guidelines developed for the National Status and Trends Program. National Oceanic and Atmospheric Administration. June 12, 1999. ' [NAI] — Normandeau Associates, Inc.. 2013. Shellfish Survey. Salem Lateral Project, Salem, Massachusetts. Prepared for TRC Environmental Corporation, Scarborough, ME. April 2013. ' [NYSDEC] — New York State Department of Environmental Conservation. 1999. Technical Guidance for Screening Contaminated Sediments. New York State Department of Environmental ' Conservation, Division of Fish, Wildlife and Marine Resources. January 1999. RPS ASA. 2014. Draft Report. Sediment Dispersion Modeling Study. Salem Lateral Pipeline Tie In Prepared for TRC Environmental Corporation, Scarborough, ME Prepared by RPS ASA. Project Number: 14-160 South Kingstown RI 02879, 24 June 2014. ' [TRC] —TRC Environmental Corporation. 2014. Sediment Sampling Report. Salem Lateral Project Salem, Massachusetts. Prepared for Algonquin Gas Transmission, LLC.June 2014. ' Weld Seam Survey Notice of Intent 11 August 2014 Salem,Massachusetts ' Spectra Energy)) ' Partners. 1 1 ' ATTACHMENT B ' Figure 1: USGS Quadrangle Map Figure 2: Weld Seam Survey Area (NOAA Chart) ' Figure 3: Coastal Resource Areas ' Figure 4: HubLine Weld Seam Investigation Area Sediment Model Figure 5: HubLine Weld Seam Investigation Area Sediment Thickness 1 1 t Weld Seam Survey Notice of Intent August 2014 Salem,Massachusetts Spectra Energy)) Partners. ' ATTACHMENT C ' Excavation Plan and Cross-Sections Weld Seam Survey Notice of Intent August 2014 ' Salem,Massachusetts Spectra Energy) ' Partners. ' ATTACHMENT D ' Project Correspondence Weld Seam Survey Notice of Intent August 2014 ' Salem,Massachusetts 20140312-5026 FERC PDF (Unotticiai) 3/12/2014 9:08 :06 AM Commonwealth ofMassachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400 Boston, Massachusetts 02114 Paul J.Diodati (617)626-1520 Director fax (617)626-1509 Deval Patrick Governor Richard K. Sullivan,Jr. Secretary March 7, 2014 Mary B.Griffin ' Kimberly D. Bose, Secretary Commissioner Federal Energy Regulatory Commission 888 First Street NE, Room I Washington, DC 20426 RE: Federal Energy Regulatory Commission (FERC), Algonquin Gas Transmission, LLC Dear Ms. Bose, ' The Massachusetts Division of Marine Fisheries (MarineFisheries) has reviewed the Federal Energy Regulatory Commission's (FERC)Notice of Intent to prepare an Environmental ' Assessment for the planned Salem Lateral Project. On January 16, 2014,MarineFisheries attended an interagency meeting at the Department of Environmental Protection in Boston with FERC to review the Salem Lateral Project. After attending the meeting and reviewing the pre- filing Resource Reports submitted by Algonquin,MarineFisheries has the following comments and concerns. ' The proposed pipeline lateral project would be drilled using Horizontal Directional Drilling methods across Collins Cove in Salem and out.into Beverly Harbor near the mouth of the Danvers River system (including the North, Crane, Porter and Bass Rivers), where it would connect to the t Hubline pipeline. Beverly Harbor and Danvers River system provides essential habitat for the passage, spawning, and early development of diadromous fish species including river herring (Alosa spp.), rainbow smelt (Osmerus mordax), American eel (Anguilla rostrata), and white perch (Morone americana). It also provides spawning and juvenile habitat for winter flounder (Pseudopleuronectes americanus). MarineFisheries mapped blue mussel (Mytilus edulis), quahog (Mercenaria mercenaria), and soft shell clam (Mya arenaria) within the project location ' (MassGIS 2008 SHELLFISHSUIT_POLY). ' In-water, silt-producing work or work that obstructs passage may impact the above listed marine species. Therefore, we recommend a time of year(TOY) restriction of no in-water, silt-producing work from February 15 to June 30 of any year. The construction of a cofferdam is considered ' silt-producing in the fine-grained sediments of Beverly Harbor. This work would need a TOY restriction unless enough information is provided to demonstrate that the level of silt produced would be minimal and would not impact fisheries resources or habitats. The proposal includes ' work within a"wet cofferdam", where water would continue to flow in and out through the cofferdam with each tide. More information about the silt released into the waterway during work within a wet cofferdam is needed in order to determine whether work behind the wet cofferdam ' would also be considered silt-producing and therefore need a TOY restriction. In all cases we recommend turbidity monitoring at intervals outside of the cofferdam, with stop work protocols l of 2 20140312-5026 FERC PDF )Unotticial) .3/12/2014 9:08:06 AM ' should the turbidity exceed a pre-determined threshold. We would also like to review the proposed , locations of the decanted dredge water discharge. The water discharge should be filtered to minimize turbidity and contaminants and may also be subject to a TOY restriction. ' Horizontal Directional Drilling is the preferred method and would likely have the least impact on ' fisheries resources, provided there is no inadvertent release of drilling fluid (a frac out). We would like more information on the likelihood of a frac out in the Beverly Harbor sediments and how a frac out will be prevented and mitigated. ' Questions regarding this review may be directed to Tay Evans in our Gloucester office at (617) 727-3336 ext. 168. ' Sincerely, Paul J. Diodati Director Cc: Tay Evans, Katelyn Ostrikis (MarineFisheries) t 2of2 ' UNITED STATES DEPARTMENT OF COMMERCE Qd National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE NORTHEAST REGION s e •�•Y 55 Great Republic Drive '4".01 Gloucester.MA 01930-2276 ' Kimberly D. Bose, Secretary MAR -7 2014 Federal Energy Regulatory Commission ' 888 First Street NE, Room 1 A Washington, D.C. 20426 ' RE: Salem Lateral Project, Scoping Comments Dear Ms. Bose: ' We have reviewed the Notice of Intent, dated February 7, 2014, issued by your agency to prepare an Environmental Assessment (EA) for the proposed Salem Lateral Project. The Algonquin Gas ' Transmission, LLC (Algonquin) has proposed the construction and operation of natural gas pipeline facilities in Salem, Massachusetts. The project facilities would consist of 1.2 miles of new 16-inch diameter pipeline and a metering and regulation station in order to supply 115,000 dekatherms per day of natural gas to the Salem Harbor Station facility for power generation. Construction of the planned facilities would involve onshore construction and horizontal directional drills (FIDD) across Collins Cove and Beverly Harbor to tie-in with Algonquin's existing Hubline Pipeline. In-water work would be limited to the area immediately surrounding the new subsea tie-in within Beverly Harbor. We understand the purpose of the current Notice of Intent is to identify important National Environmental Policy Act (NEPA) issues associated with ' this project that will be analyzed in an Environmental Assessment (EA) prepared by your agency. We offer the following comments to assist you in the development of the NEPA documents for this proj ect. Essential Fish Habitat and Other Fishery Resources Our responsibilities in this matter are codified under our authorities pursuant to the Fish and Wildlife Coordination Act (16 U.S.C. §661 ei seq.), which requires that the federal action agency give great weight to the comments of federal and state resource agencies; the Magnuson-Stevens Fishery Conservation and Management Act (MSA) (50 CFR 600.920), which requires ' consultation between the federal action agency and us for projects that affect essential fish habitat (EFH); and the Endangered Species Act (ESA) (16 U.S.C. §1531 et seq.) of 1973 as amended which requires Federal agencies to ensure that any action they authorize, fund or carry out is not likely to jeopardize the continued existence of any listed species. An adverse effect has been defined in the EFH regulations as any impacts which reduce the quality and/or quality of EFH. Adverse effects may include direct (e.g., contamination or physical disruption), indirect (e.g., reduction in species fecundity), site-specific, or habitat-wide impacts, including individual, cumulative or synergistic consequences of actions (50 CFR, Section 600.810). The EFH regulations at 50 CFR Section 600.920 outline the consultation procedure and enables Federal ' agencies to use existing consultation/environmental review procedures to satisfy the MSA consultation requirements in certain circumstances. 1 NOW The project is proposed in an important spawning, nursery, feeding, and resting area for a number , of marine and estuarine finfish and shellfish species. The area has been identified as EFH for 27 ' federally-managed species including, but not limited to, Atlantic cod, pollock, red hake, winter flounder, and windowpane flounder. Pursuant to MSA section 305(b)(2) and in accordance with 50 CPR 600.920(a)(1), an EFH assessment should be prepared. The required contents of an EFH , assessment include: 1) a description of the action; 2) an analysis of the potential adverse effects of the action on EFH and the managed species; 3) the federal agencies conclusions regarding the effects of the action on EFH; and 4) proposed mitigation, if applicable. Other information that should be contained in the EFH assessment, if appropriate, includes: the results of on-site inspections to evaluate the habitat and site-specific effects; the views of recognized experts on the habitat or the species that may be affected; a review of pertinent literature and related information; ' and an analysis of alternatives to the action that could avoid or minimize the adverse effects on EFH. In particular, winter flounder are likely to use habitats within the project area for foraging and , access to spawning habitats within the Salem Sound estuary, Beverly Harbor, and Danvers River during late winter and spring months. Because eggs, larvae, and young-of-year are ' non-dispersive, spawning areas and nursery areas tend to be close together (Pearcy 1962; Crawford and Carey 1985). Adult winter flounder begin moving into shallow, nearshore marine and estuarine waters during winter months for spawning in mid-February and March, and , continues to June (Collette and Klein-MacPhee 2002; Pereira et al. 1999). Egg development generally takes two to three weeks before hatching(Pereira et at. 1999). Winter flounder eggs are demersal, adhesive, and stick together in clusters, and are generally collected from very shallow , waters (less than about 5 m), at water temperatures of 10' C or less, and salinities ranging from 10 to 30 parts per thousand (Pereira et al. 1999). The type of substrate where eggs are found varies, having been reported as sand, muddy sand, mud and gravel, although sand seems to be the most ' common. The project area also supports populations of American lobster and diadromous species, including ' blueback herring, alewife, rainbow smelt, striped bass, American eel, and American shad which use the Danvers River, North River, Bass River, and Porter River for their seasonal spawning migrations. Diadromous fishery resources serve as prey for a number of federally-managed ' species and several species are considered a component of EFH pursuant to the MSA. In addition, blueback herring, alewife, and rainbow smelt have been designated as "species of concern" under the Endangered Species Act due to their depressed populations. Status reviews , and research on the populations of these species are ongoing. Spawning for alewife and blueback herring is temperature dependent, and is initiated when water ' temperature reaches about 13° C in late March/early April (Greene et al. 2009). Rainbow smelt generally spawn in Massachusetts from mid-March to mid-May (Collette and Klein-MacPhee , 2002; Chase 2006), and are known to be present in the tidal waters downstream of their spawning habitat in tidal creeks below the head of tide (Chase 2009). Striped bass spawning occurs in brackish water at the mouths of estuaries or upriver in fresh water June and July. American ' lobster typically spawn in this area between late May and July, and eggs hatch in mid-May and late July. 2 ' ' The area supports other important living marine resources that provide for valuable recreational and commercial fisheries, as well as species and habitats that are critical to a healthy marine ecosystem. Salt marsh wetlands, as well as intertidal mudflats and fringing salt marshes, shellfish beds and eelgrass beds occur in the vicinity of the proposed project. Salt marshes are important to fisheries resources as spawning and nursery habitat, forage, and refuge (Beck et al. 2003; Valiela et al. 2004). Salt marshes also provide shoreline stabilization, ' filtration of nutrients and sediment, capture nutrients and contaminants, and export nutrients to open water habitat (Weinstein et al. 2000; Valiela et al. 2004). ' Intertidal mudflats serve as habitat for finfish, shellfish and benthic invertebrates living within or on the substrate. The surface of a mudflat supports a diversity of bacteria important for decomposing organic material, chemosynthic producers, and supports a variety of photosynthetic primary producers, including diatoms, and macroalgae (Nybakken 1993). These primary producers and decomposers dependent on mudflats are integral to the coastal ecosystem, supporting valuable commercial finfish, shellfish, and marine worm species (Larson and Doggett 1991). Furthermore, shallow water mud habitat is identified as EFH for its role in supporting a variety of life stages for federally managed finfish, including juvenile pollock,juvenile and adult windowpane flounder and all life stages of winter flounder(Cargnelli et al. 1999; Chang et al. ' 1999; Pereira et al. 1999). Shellfish beds are present in the project area, including soft-shell clams, blue mussels, and ' quahogs, which provide important ecological roles in the marine environment, and can provide habitat for a number of managed species (e.g., American lobster, American eel, winter flounder) (Coen and Grizzle 2007). Reef forming species such as blue mussels support an increased diversity of finfish and invertebrates, cycle material between the water column and substrate and have the potential to enhance water quality (Dewey 2000; Nakamura and Kercik.0 2000; Coen and Grizzle 2007; McDermott et al. 2008). Infaunal species such as soft shell clams at high densities ' can affectively filter significant volumes of water, effectively retaining organic nutrients from the water column (Dames and Libes 1993; Nakamura and Kerciku 2000; Forster and Zettler 2004). Eelgrass beds provide important spawning and juvenile habitat for a variety of commercially and recreationally important finfish and shellfish species(e.g., winter flounder, black seabass, northern quahog, American lobster). Eelgrass create basic habitat structure for living marine resources,act to buffer wave energy, stabilize sediments, and absorb excess organic nutrients (Short et al. 1993; Worcester 1995; Fonseca et al. 1998; Orth et al. 2006). ' Coastal development, increased levels of nutrients and other pollutants, reduction in water quality and clarity, changes in hydrology and alteration of substrate composition have all contributed to an observed decline in the distribution of eelgrass along the US east coast since the 1970s (Short and tBurdick 1996; Short and Wyllie-Echeverria 1996; Orth et al. 2006). Approximately 70% of the eelgrass beds were lost in Salem Harbor between 1996 and 2006 (Costello and Kenworthy 2011). ' While eelgrass beds have not been mapped recently in the area of the proposed subsea tie-in within Beverly Harbor, please be aware that eelgrass beds were mapped in Beverly Harbor and in Collins Cove by Massachusetts Division of Marine Fisheries during their 1995-2001 mapping efforts 3 (http://maps.massgis.state.ma.us). Because of the ephemeral nature of celgrass, current in-water surveys should be conducted during the summer growing season to verify eelgrass beds are not ' present and would not be impacted by the proposed project. Project Comments , According to your notice, Algonquin proposes to utilize HDD technology that should avoid most shallow water and intertidal habitats. However, intertidal and subtidal habitats immediate surrounding the proposed subsea tie-in with the Hubline Pipeline in Beverly Harbor would be impacted by the project. ' According to discussions with representatives from Algonquin during an interagency meeting on January 16, 2014, several alternatives were discussed by Algonquin representatives, including the construction of a coffer dam to accommodate the tie-in area and associated components and fittings. Furthermore, rock , ledge in this area may necessitate the use of a"wet coffer dam", which does not fully contain all suspended sediments and turbidity but may minimize sediment releases to the adjacent water column and substrate. We recommend Algonquin fully investigate all available alternatives and technologies to , minimize the footprint of the physical impacts and the release of suspended sediments and turbidity to the water column. According to initial discussions during the January 2014 meeting, Algonquin may conduct in-water work within a five-month period between June and November 2015. Although most of the work during this period would occur within coffer dams, we believe time-of-year work restrictions will be necessary to , minimize the adverse effects to sensitive early life stages for several of our trust resources. The in-water work for this project should begin after June 30 to the extent possible in order to minimize impacts to estuarine and marine species in this area. Compensatory mitigation may be required for impacts to ' water quality and benthic habitats in the area of the pipeline tie-in and coffer dam. We recommend a robust monitoring plan be developed for this project, including turbidity ' thresholds and long-tern monitoring for recovery of the project area after project completion. In addition, a separate HDD monitoring plan should developed to minimize potential impacts to water quality and benthic habitats from drilling fluid releases, particularly frac-outs during the ' drilling process. Although bentonite typically used for HDD project is composed of non-toxic materials, benthic invertebrates, aquatic plants, fish and their eggs can be smothered by the fine particles of the bentonite fluid if the material is discharged to waterways. A HDD monitoring ' plan should be developed for the project, including drill fluid pressure monitoring and management and an impact response plan in the event a frac-out and release of drilling fluid occurs. A biological monitoring plan should be implemented to evaluate and quantify impacts to marine, benthic resources. Compensatory mitigation may be required should the biological ' monitoring indicate impacts to benthic habitats. ' Based on the information provided in the EFH assessment, and in accordance with Section 305(b)(4)(A) of the MSA, we will offer EFH conservation recommendations, as needed, to , minimize and avoid adverse impacts to habitat and fisheries resources. Endangered Species Act ' No federally listed or proposed threatened or endangered species under our jurisdiction are known to exist in the location of your proposed project. We do not intend to offer additional comments on this proposal as described. If you have any questions regarding protected species at the project ' 4 , ' site, or if the project has materially changed, please contact Jennifer Goebel at 978-281-9373 or at ' Jennifer.goebei noaa.gov. Conclusion ' We appreciate the opportunity to provide these scoping comments and look forward to working with your staff in addressing environmental issues related to this project. If you have any questions regarding these comments and recommendations, please contact Michael Johnson at 978-281-9130, or at mike.r.johnson@noaa.gov. Singly, Christopher oelke ' Field Office Supervisor Habitat Conservation Division 1 t cc: Colarusso, EPA Kotelly, USACE Murray-Brown/Goebel, PRD Boeri, MA CZM ' Chin/Langley, MA DEP Evans, MA DMF 5 1 References Beck MW, I-Ieck KL, Able KW, Childers DL, Eggleston DB, Gillanders BM, Halpern BS, Hays t CG, Hoshino K, Minello TJ, Orth RJ, Sheridan PF and Weinstein MP. 2003. The role of nearshore ecosystems as fish and shellfish nurseries. Issues in Ecology 11: 2-11. ' Cargnelli LM, Griesbach SJ,Packer DB, Berrien PL,Johnson DL and Morse W W. 1999. Essential Fish habitat Source Document: Pollock, Pollachius virens, Life History and Habitat ' Characteristics. NOAA Technical Memorandum NMFS-NE-131. Chang S, Berrien PL, Johnson DL and Morse WW. 1999. Essential Fish Habitat Source ' Document: Windowpane, Scophihalmus aquosus, Life History and Habitat Characteristics. NOAA Technical Memorandum NMFS-NE-137. Chase BC. 2006. Rainbow smelt (Osmerus mordox) spawning habitat on the Gulf of Maine coast , of Massachusetts. Massachusetts Division of Marine Fisheries Technical Report '1R-30. Massachusetts Division of Marine Fisheries, Department of Fish and Game Executive Office , of Environmental Affairs, Commonwealth of Massachusetts. 173 pp. Chase BC. 2009. The spawning habitat of anadromous rainbow smelt: Trouble at the tidal ' interface, American Fisheries Society Symposium 69: 859-862. Coen LD and Grizzle RE. 2007. The importance of habitat created by molluscan shellfish to , managed species along the Atlantic coast of the United States. Atlantic States Marine Fisheries Commission. Habitat Management Series 48. Collette BB, Klein-MacPhee G, eds. 2002. Bigelow and Schroeder's fishes of the Gulf of Maine, ' Third ed. Washington, DC: Smithsonian Institution Press. 748 p. Costello CT, Kenworthy WJ. 2011. Twelve-Year Mapping and Change Analysis of Eelgrass t (Zostera marina) Areal Abundance in Massachusetts (USA) Identifies Statewide Declines. ' Estuaries and Coasts 34, 232-242. Crawford RE, Carey CG. 1985. Retention of winter flounder larvae within a Rhode Island salt ' pond, Estuaries 8: 217-227. Dame R and Libes S. 1993. Oyster reefs and nutrient retention in tidal creeks. Journal of Experimental Marine Biology and Ecology 171: 251-258. '. Dewey WE 2000. The various relationships between shellfish and water quality. Journal of Shellfish Research 19: 656. ' Fonseca MS, Kenworthy WJ and Thayer GW. 1998. Guidelines for the Conservation and ' Restoration of Seagrasses in the United States and Adjacent Waters. NOAA's Coastal Ocean Program, Decision Analysis Series No. 12. ' Forster S and Zettler ML. 2004. The capacity of the filter-feeding bivalve Mya arenaria L. to ' effect water transport in sandy beds. Marine Biology 144: 1183-1189. Greene KE, Zimmerman JL, Laney RW, Thomas-Blate JC. 2009. Atlantic coast diadromous fish ' habitat: A review of utilization, threats, recommendations for conservation, and research needs, Atlantic States Marine Fisheries Commission Habitat Management Series No. 9, Washington, D.C. ' Larson PF and Doggett LF. 1991. The macroinvertebrate fauna associated with the mud flats of the Gulf of Maine. Journal of Coastal Research 7(2):365-375. McDermott S, Burdick 0, Grizzle R and Greene J. 2008. Restoring Ecological Functions and Increasing Community Awareness of an Urban Tidal Pond Using Blue Mussels. Ecological ' Restoration 26(3): 254-262. Nakamura Y and Kerciku F. 2000. Effects of filter-feeding bivalves on the distribution of water ' quality and nutrient cycling in a eutrophic coastal lagoon. Journal of Marine Systems 26(2): 209-221. ' Nybakken JW. 1993. Marine Biology: An Ecological Approach. Third Edition. Harper Collins College Publishers. p 270-276. ' Orth RJ, Carruthers TJB, Dennison WC, Duarte CM, Fourqurean JW, Heck KL, Hughes AR, Kendrick GA, Kenworthy WJ, Olyamik S, Short FT, Waycott M and Williams SL. 2006. A Global Crisis for Seagrass Ecosystems. BioScience 56(12): 987-996. ' Pearcy WG. 1962. Ecology of an estuarine population of winter flounder, Pseudopleuronectes americanus (Waldbaum). Part I-IV, Bulletin of the Bingham Oceanography Collection 18(1): ' 5-78. Pereira JJ, Goldberg R, Ziskowski JJ, Benien PL, Morse WW, Johnson DL. 1999, Essential Fish habitat source document: winter flounder, Pseudopleuronectes americanus, life history and characteristics. NOAA Technical Memorandum NMFS-NE-138. Northeast Fisheries Science Center, Woods Hole, MA. ' Short FT, Burdick DM, Wolf J and Jones GE. 1993. Eelgrass in estuarine research reserves along the East Coast, USA, Part I: Declines from pollution and disease and Part 11: Management of ' eelgrass meadows. NOAA-Coastal Ocean Program Publications. 107 p. Short FT and Burdick DM. 1996. Quantifying eelgrass habitat loss in relation to housing tdevelopment and nitrogen loading in Waquoit Bay, Massachusetts. Estuaries 19: 730-739. ' Short FT, Wyllie-Echeverria S. 1996. Natural and human induced disturbance of seagrasses. Environmental Conservation 23: 17-27. 7 1 Valiela 1, Rutecki D and Fox S. 2004. Salt marshes: Biological controls of food webs in a diminishing environment. Journal of Experimental Marine Biology and Ecology 330: 131-159. , Weinstein MP,Litvin SY, Bosley KL, Fuller CM, and Wainright SC. 2000. The role of tidal salt marsh as an energy source for marine transient and resident finfishes: A stable isotope ' approach. Transactions of the American Fisheries Society 129(3): 797-810. Worcester SE. 1995. Effects of eelgrass beds on advection and turbulent mixing in low current and ' low shoot density environments. Marine Ecology Progress Series 126: 223-232. 1 1 8 ' Herzlinger, Daniel From: Jennifer Goebel - NOAA Affiliate <jennifer.goebel@noaa.gov> ' Sent: Thursday, December 05, 2013 1:49 PM To: Paquette, Richard Subject: Algonquin gas Transmission LLAC - Salem Lateral Project Dear Mr. Paquette: ' We received your letter regarding the Algonquin Gas Transmission natural gas pipeline today, and have reviewed the materials provided to us. Your letter states that you are proposing to install 0.7 miles of 16-inch diameter pipeline offshore ' beneath Beverly Harbor and under Collins Cove using two horizontal directional drills. No federally listed or proposed threatened or endangered species under the jurisdiction of NMFS are known to exist in the location of your proposed project. NMFS Protected Resources Division does not intend to offer additional comments on this proposal as described. ' If the feasibility study scheduled for delivery in January 2014 determines that HDD installation is not possible, please let us know. If you have any questions regarding protected species at the project, feel free to contact me. tSincerely, ' Jennifer Goebel Technical Writer, Protected Resources Division Northeast Regional Office ' NOAA Fisheries Service 978-281-9373 This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteceloud.com 1 1 ' 1 1 Commomvealth ofMassachuselts Division of 1 Fisheries & Wildlife 1 MassWi/d/ife Wayne F. MacCallum,Director 1 January 02,2014 ' Richard Paquette,Jr. TRC Environmental 400 Southborough Dr 1 South Portland ME 04106 RE: Project Location: Collis Cove/Beverly Harbor ' Town: SALEM NHESP Tracking No.: 14-32846 To Whom It May Concern: 1 Thank you for contacting the Natural Heritage and Endangered Species Program of the MA Division of ' Fisheries & Wildlife (the "Division') for information regarding state-listed rare species in the vicinity of the above referenced site. Based on the information provided, the Natural Heritage has determined that at this time the site is not 1 mapped as Priority or Estimated Habitat. The NHESP database does not contain any state-listed species records in the immediate vicinity of this site. This evaluation is based on the most recent information available in the Natural Heritage database,which 1 is constantly being expanded and updated through ongoing research and inventory. If you have any questions regarding this letter please contact Lauren Glorioso, Endangered Species Review Assistant, at 1 (508)389-6361. Sincerely, 1 � � 1 1 Thomas W. French, Ph.D. Assistant Director 1 1 www.mass.gov 1 Division of Fisheries and Wildlife Temporary Correspondence: 100 Hartwell Street, Suite 230, West Boylston,MA 01583 1 Permanent: Field Headquarters,North Drive,Westborough, MA 01581 (508)389-6300 Fax(508)389-7890 An Agency of the Department of Fish and Game 1 1 1 1 1 1 C�ItTRC Results you can rely on t Commonwealth of Massachusetts Division of Marine Fisheries 30 Emerson Ave. ; Gloucester, MA 01930 Paul J.Diodati (617)727-3336 Director fax (617)727-3337 Deval Patrick Governor Maeve Vallely Bartlett Secretary Mary B.Griffin September 11, 2014 Commissioner Salem Conservation Commission Salem City Hall Attn: Tom Devine; tdevinegsalem.com 93 Washington Street Salem, MA 01970 Dear Commissioners: The Massachusetts Division of Marine Fisheries (MarineFisheries)has reviewed the Notice of Intent for the Weld Seam Survey associated with the Algonquin Salem Lateral Project. On June 15, 2014, MarineFisheries attended an interagency Meeting at NMFS in Gloucester to discuss the project, which involves divers using water jets to excavate a trench approximately 32ft by 30.5ft in size around the existing HubLine pipeline at the location of a proposed hot-tap tie-in associated with the larger Salem Lateral Project. Approximately 80yd3of sediment will be displaced via jetting to expose a 4-foot segment of the pipe, after which divers will inspect the position of the seam. After excavation, the trench will be backfilled with sand bags to protect the pipeline. This exploratory survey is necessary to determine the exact tie-in location and allow design of the Lateral Project to continue. Beverly Harbor and the Danvers River system provide essential habitat for the passage, spawning, and early development of diadromous fish species including river herring(Alosa spp), rainbow smelt(Osmerus mordax), American eel (Anguilla rostrata), and white perch(Moron americana), as well as spawning and juvenile habitat for winter flounder (Pseudopleuronectes americanus). MarineFisheries mapped blue mussel (Mytilus edulis), quahog(Mercenaria mercenaria)and soft shell clam(Mya arenaria)within the general Salem Lateral project location, but not at the exact location of the weld seam survey. arineFisheries has the following comments and concerns: • The plume of silt generated by this work may impact the above listed marine species. Therefore we recommend a time of year restriction of no in-water work from Februar ly 5 to June 30. The applicant proposes in the Not to conduct in-water work in the fall of 2014, which is satisfactory. • As discussed at the 6/15/14 meeting, a contingency plan that addresses the scoured trench should be prepared in the event that this tie-in location must be abandoned due to unsatisfact ry results. The contingency plan should address how, and when the s d b gs would be"�ed ynd the �Tio lation would be restored. �~ �1 n • dredging of approximately 80yd of sedimentm yeq ire mitigation or temporary habitat or permanent loss if this tie-in site is abandoned and not restored to the existing conditions. Any mitigation requirements could be carried over into the overall Later Project mitigation responsibility. • In light of the forthcoming hot-tap tie-in, cofferdam and drilling work, we recommend turbidity monitoring at and beyond the work area during as many stages of the Salem Lateral project as possible to help corroborate and inform the SSFATE desktop modeling that has already been performed to date. S^ � Thank you for considering our comments. Please contact me with any questions at Tay.Evansnstate.ma.us or978-282-0308 x168. Sincerely, —�;�!r1�✓dam N. Tay Evans Marine Fisheries Biologist and Technical Review Coordinator TE/jc Cc. Sabrina Hepburn, Algonquin LLC Kate Ostrikis, Jillian Carr(DMF)