64-574 - - CONSERVATION COMMISSION PIERSAL®
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'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
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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
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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
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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
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' t Cam— 7 OT 09t9;09t9.w Many oane algltedwoo Luw tg x ww SZ tewlDI ap aganbr.3
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119 WATERST 6- 2.122-64 113 WATERST 7 2.122.73 109 WATERST D' 2-122-b102
LUC: 102 LUC: 102 LUC 102
' TASHA BAHAL AMERICAN TRUST II KOGAN INNA MARTIN PETER C
8AHAL ARVINDER S TR 113 WATER ST UNIT 73 109 WATER ST U102
119 WATER ST U64 BEVERLY, MA 01915 BEVERLY. 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
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CIO THOMAS NUTILE C70 GEORGIA L BILLS RUSSELL RICHARD TR
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' 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 -
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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
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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
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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
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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.
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' 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
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Weld Seam Survey Notice of Intent August 2014
Salem,Massachusetts
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' 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
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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.
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of Environmental Affairs, Commonwealth of Massachusetts. 173 pp.
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managed species along the Atlantic coast of the United States. Atlantic States Marine Fisheries
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Third ed. Washington, DC: Smithsonian Institution Press. 748 p.
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(Zostera marina) Areal Abundance in Massachusetts (USA) Identifies Statewide Declines. '
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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,
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' 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.
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Increasing Community Awareness of an Urban Tidal Pond Using Blue Mussels. Ecological
' Restoration 26(3): 254-262.
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' 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
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' 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
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' Short FT, Wyllie-Echeverria S. 1996. Natural and human induced disturbance of seagrasses.
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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 '
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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
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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
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' 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)