64-176 - DION YACHT CLUB, 23 GLENDALE STREET - CONSERVATION COMMISSION RONAN,,SEGAL & HARRINGTON
A70RNEYS AT LAW
FIFTY NINE FEDERAL STREET
JAMES T RONAN LI 922-1987) SALEM,MASSACHUSETTS 01970-3470
JACOBS SEGAL
MARY PIEMONTE HARRINGTON (508)744 0350
GEORGE W.ATKINS.LI
BRIAN P.CASSIDY FAX(508)744 7493
FILE NO
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECF:.IVr-D January 4 , 1994
JAN 0 6 1994
City of Salem Salein rki,�I`1114 Uept.
Conservation Commission
One Salem Green
Salem, MA 01970
Re: Frederick J. Atkins Trust
23 Glendale Street, Salem, MA
Dear Members of the Board:
In accordance with General Laws Ch. 131, Section 40, you are hereby
notified that the above-referenced property owner intends to
commence a maintenance dredging project at the referenced site in
accordance with a previously issued license of the Department of
Environmental Protection (Permit No. 185) and your Order of
Conditions (File No. 64-176) .
Enclosed for your reference are copies of the order of Conditions ,
DEP Permit, and Department of. the Army Permit.
The permittee anticipates commencement of dredging during the month
of February, 1994, (depending upon contractor availability) and
completion of the project on or before March 15, 1994 , in accordance
with the DEP Permit condition.
FREDERICK J. ATKINS TRUST
its ,�attor
George W. ApIns, III
kmb
Enclosures
BK'O 0 9 913-2.FG 12 5
Form 5 0EQE File No. 64-176
VL Jo be proviaea by DEQE)
n
Commonwealth 1-D CityiTown SpIpm - M.
of Massachusetts ApoicantFrederick J . Atkins Trust
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
From Salem Conservation Commission
07 Frederick J . Atkins Trust Same as applicant
T
(Name of Applicant) ,Name of property owner)
Address 2 3 Glendale St. , Salem. Ma. Address C;qm�
This Order is issued and delivered as follows:
C3 by hand delivery to applicant or representative on (date)
C:)
by certified mail,return receipt requested an March 17,. 1989 (date)
This project is located at Dion Ynohf Ynrd 9 'A Glpndalp Sy
V
The property is recorded at the Registry of Deeds Esspx rn,,nt47 cg�IIAU
Book 6758 Page 188
N/A C=)
Certificate(it registered� C=)
The Notice of Intent for this project was filed on EP b r u a ry I r - 1 9 A 9 (date) __J
The public hearing was closed on February 23, 1989 (date)
ndings
The Salem Conservation Commissio as reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
Commission atthistime. the Commission has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act(check as appropriate):
[I Public water supply C3 Flood control 12 Land containing shellfish
C3 Private water supply 0 Storm damage prevention IM Fisheries
C3 Ground water supply [3 Prevention of pollution Protection of wildlife habitat
5-1
Effective 11/1/87
r
BK-009 9 3 2 M
Therefore, the Commission hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter-
ests checked above. The Commission orders that all work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol-
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
Genwai Conditions
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory meas-
ures,shall be deemed cause to revoke or modity this Order.
2. This 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
off Jer applicable federal. state or iocaj statutes. ordinances, by-laws or regulations.
4. The work authorized hereunder shafl 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 and both that date and the special circumstances warranting
the extended time period are set forth 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. Any fill used in connection with this project shall be clean fill.containing no trash, refuse, rubbish or de-
bris, including but not limited to lumber, bricks, plaster, wire, lath, paper,cardboard, pipe, tires, ashes.
refrigerators, motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if
such an appeal has been tiled, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order 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 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 to be done. The recording information shall be submitted to the Registry
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words, "Massachusetts Department of Environmental Quality Engineering,
File Number 64-176
10. Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.
1 1 . Upon completion of the work described herein, the applicant shall forthwith request in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
12. The work shall conform to the following plans and special conditions:
5-2
OX009932PG 127
Plans:
Title Dated Signed and Stamped by: On File with:
Maintenance Dredging 12/28/87 James W. Stolecki Salem Conservation Commis�
at Dion Yacht Yarg ion
Special Conditions(Use additional paper it necessary)
1 . Work shall conform to the above referenced plan.
2 . Any changes in the plan shall require the applicant to file
a new Notice of Intent , or to inquire of the Commission in
i ,.T;7-riting as to whether the changes are substantial enough to
require a new filing.
3 . Conservation Commission members and/or their designated agent
reserve the right to enter and inspect the site during construction .
.. ......... . ... .. ... ....... ... . ... . ...................... .. .
(Leave SoaCe 81arik)
5-3A
OKOO9932PG 28
Plans:
Title Dated Signed and Stamped by: On File with:
Special Conditions(use additional paper it necessary)
............................-....... ........ ..................................................................................... ............ ........... ....
(Leave Soace Blarik)
5-3B
BK 0 04'9 3 2 PG 12 9
Salem
,,,Conv57�rv,ation Commission Qqnservation Commission
Issued
Sit tur is)
This Order nn��eVigned by a maiont� he/Conservation Commission.
On th* day of 19 "r.
tome KinOWI'l- t
personally appeared— L J
person described in and who executed the foregoing instrument and acknowledged th
the same as his/her tree act and deed.
Notary Public My commission expires
The applicant.the owner,any person aggrieved by this order,any owner of lend abuteng the land UOW which thill proposed Work is to
be done or my ton residents of the city or to"in which such WW is located are hereby notified of their right to rawest the Department
of Emnohnumbe outififfy,Engstowng to issue a superseding order.providing the rawest is made by certified mad or hand delivery to
the Deportment Within ton days from the date at iSSUWICS Of this Order.A COPY Of the request ones at the owns time be sent by certified
soon Comm'SWO111 and the applicant.
mad of Mend delivery to rho C0111�
detach on dotted line and submit to the prim to commencement of w0fli.
.................................................................................................................
Issuing Authority
fj TO
Ks Please be advised that the Order of Condiflorts for the project a
File Number has been recorded at the Registry Of and
-.91 has been noted in the chain of iffle of the affected property in accordance with General Condition 8 on—. 19—
It recorded land. the instrument number which identifies this transaction Is
It registered land. the document number which identifies this transaction is
Applicant
Signature 5-4A
BK 0 6:%`9 3 2 PG*1�3 G 11 pv'a
Issued by the Department of Environmental Quality Engineering.
Signature
On this day of 19-, before me
personally appeared to me known to be the person
described in and who executed the foregoing instrument and acknowledged that he/she executed the same
as his/her free act and deed.
Notary Public My commission expires
The applicant.the owner.any person aggrieved by this Superseding Order,any owner at land snuffing the land upon which the aro-
POSSO work is to be done or any ton Persons pursuant to G.L.c.30A.§I OA.are hereby notified of thew right to request an italudiratory
hearing pursuant to G.L 30A.j 10.providing the request is made by certified mad or hand delivery to the Deoartmant within ten days
from the date at Issuance of the Superseding Order.and is addreWild to: Docket Clerk,Office at General Coun-Af..Ders.ronent of
Envnwmwtai Ouality Engineering.One Winter Street.Boston,MA 02108.A Copy of the request shall at the same time be sent by
Certified Mad Or hand delivery to ins Cimservation Comflussion.the apollucent,and any other 0".
A Notice of Claim far an Adjudleatory Hearing small comply with the Departmenta Rules tor Adjudicatory Proceedings.3 10 CMR
1.0 1(6).and shall contain the following information:
jai the OEOE Wetlands File Number.name of the applicant and address at the project:
(b) the complete name.address and telephone number at the party filing the request.Md.it represented by counsel.the name and
address of Me attorney:
(c) the names end addritheas of all otherr parses.if known:
(d) a clear and concise statement Of(1)the facts which are grounds for the proceeding,(2)the objections to this Superseding Order.
including specifically the manner in which it is alleged to be wcamustent with the Defoartment's Woftnd3 Regulations(310 CMR
10.00)and does not contribute to the protection of the interests Identified in the Act.and(3)the relief sought through the adju-
dicatory hearing,including specifically the Changes desired in the Superseding Order:
(a) a statement that a copy of the request rim been sent to the applicant.Me conservation commission Md each other parry or rep.
resentative at such party.if known.
Failure to submit all necessary,rif,mation may result in a dismissal by the Department of the Notice of Claim for an AdjudiCatory Hearing.
A
Detach on dotted line and submit to the prior to commencement of work.
..............................................................................................................................................................................................
TO Issuing Authority
Please be advised that the Order of Conditions for the project at
File Number has been recorded at the Registry Of and
has been noted in the chain at fille at the affected property in accordance with General Condfian 8 on_, 19
If recorded land, the instrument number which identifies this transaction is
11 registered land, the document number which identifies this transaction is
Signature Apolicant
5-46
Form 3 DEOE File No.
JTo be provided by DEQE)
Commonwealth CityfTown Salem
of Massachusetts Applicant Frederick J. Atkins
Trust
Notice of Intent
Under the
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
and
Application for a Department of the Army Permit
Part 1:General Information
1. Location: Street Address Dion Yacht Yard - 23 Glendale Street
Lot Number N/A
2. Project:Type Dredging Description Maintenance dredging of approximately
8,000 cubic yards of material to the originally dredged depth of -8.0' MLW
within Salem Harbor (the Dion boat basin and channel) .
3. Registry:Court Essex South —CurrentBook 6758 &page__L88
Cerlificate(if Registered Land) N/A
4. Applicant Frederick J. Atkins Trust Tel. 744-0844
Address 23 Glendale Street, Salem, MA 01970
5. Property Owner same as above Tel.
Address
6. Representative The BSC Group - Boston. Inc. Tel.. 330-5300
Address 425 Summer Street, Boston. MA 0211n
7. Have the Conservation Commission and the DEOE Regional Office each been sent,by certified mail or
hand delivery, 2 copies of completed Notice of Intent,with supporting plans and documents?
Yes M No 0
3-1
8. Have all obtainable permits,variances and approvals required by local by-law been obtained?
Yes 0 No 13
Obtained: Applied For: Not Applied For:
Planning Board Special Permit
under Section P (Wetlands
& Flood Hazard District)
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L.c. 131, §40A orG.L
c. 130, §105? Yes El No g
10. List all plans and supporting documents submitted with this Notice of Intent.
Identifying
Number/Letter Title,Date
Sheet I (S-1) Maintenance Dredgin2 at Dion Yacht Yard in Salem MA for
Frederick J. Atkins Trust; �Plan & Details; December 28, 1987
Attachment 1 (A-1) --Project-Narrativee December 99- 19A7
Attachment 2 (A-2) Bioassay Analysis Rppnrt-- Tune. 1987
Figure I (F-1) Location Map for Dredge Area
Figure 2 (F-2) Location Map for Dredge Disposal Area
11.Check those resource areas within which work is proposed:
(a) 0 Buffer Zone
(b)Inland:
0 Bank* Land Subject to Flooding,
0 Bordering Vegetated Wetland* 0 Bordering
0 Land Under Water Body&Waterway* 0 Isolated
(c)Coastal:
0 Land Under the Ocean 0 Designated Port Area-
0 Coastal Beach* 0 Coastal Dune
0 Barrier Beach 0 Coastal Bank
0 Rocky Intertidal Shore* 0 SaltMarsh*
0 Land Under Salt Pond* 0 Land Containing Shellfish*
C3 Fish Run 6
Likely to involve U.S.Army Corps of Engineers concurrent jurisdiction.See General Instructions for
Completing Notice of Intent.
3-2
12 Is the wetland resource area to be altered by the proposed work located on the most recent
Estimated Habitat Map (if any) of rare. "state-listed" vertebrate and invertebrate animal species
occurrences provided to the conservation commission by the Natural Heritage and Endangered
Species Program?
YES ( ) NO (X 1* Date printed on the Estimated Habitat Map Issued
NO MAP AVAILABLE (if ally)
If yes. have you completed an Appendix A and a Notice of Intent and filed them. along with
supporting documentation with the Natural Heritage and Endangered Species Program by
certified mail or hand delivery. so that the Program shall have received Appendix A prior to the
Ming of this Notice of Intent?
.YES NO
As per personal communication with Rebecca Curran of the Salem
Conservation Commission.
3-3
Part It:Site Description
Indicate which of the following information has been provided (on a plan, in narrative description or calcula-
tions)to clearly,completely and accurately describe existing site conditions.
Identifying
Number/Letter
(of plan,narrative
or calculations)
Natural Features:
Al. A2 Soils
N/A Vegetation
S1, F1 Topography
S1, Fl , Al Open water bodies(including ponds and lakes)
N/A Flowing water bodies(including streams and rivers)
NIA Public and private surface water and ground water supplies on or within 100 feet of site
N/A Maximum annual ground water elevations with dates and location of test
S1 Boundaries of resource areas checked under Part 1,item 11 above
--- Other
Man-made Features:
Sl Structures(such as buildings,piers,towers and headwalls)
S1 Drainage and flood control facilities at the site and immediately off the site, including
culverts and open channels (with inverts),dams and dikes
N/A Subsurface sewage disposal systems
Sl Underground utilities
N/A Roadways and parking areas
S1 Property boundaries,easements and rights-of-way
Other
Part III*Work Description
Indicate which of the following information has been provided(on a plan,in narrative description or calcula-
tions)to clearly,completely and accurately describe work proposed within each of the resource areas
checked in Part 1,item 11 above.
Identifying
Number/Letter
(of plan,narrative
or calculations)
Planview and Cross Section of:
N/A Structures(such as buildings, piers,towers and headwalls)
NIA Drainage and flood control facilities, including culverts and open channels(with inverts),
dams and dikes
N/A Subsurface sewage disposal systems&underground utilities
S1, Al, A2 Filling,dredging and excavating,indicating volume and composition of material
N/A Compensatory storage areas,where required in accordance with Part III,Section 10:57
(4)of the regulations
F2 Other (Dredge Disposal Site)
Point Source Discharge
N/A Description of characteristics of discharge from point source(both closed and open
channel),when point of discharge falls within resource area checked under Part 1, item
11 above,as supported by standard engineering calculations, data and plans, including
but not limited to the following:
3-4
I. Delineation of the drainage area contributing to the point of discharge;
2. Pre-and post-development peak run-off from the drainage area,at the point of discharge,for at least the
I 0-year and I 00-year frequency storm;
3. Pre-and post-development rate of infiltration contributing to the resource area checked under Part 1, item
11 above;
4. Estimated water quality characteristics of pre-and post-development run-off at the point of discharge.
Part IV:Mitigating Measures
1. Clearly,completely and accurately describe,with reference to supporting plans and calculations where
necessary:
(a) All measures and designs proposed to meet the performance standards set forth under each re-
source area specified in Part 11 or Part III of the regulations;or
(b) why the presumptions set forth under each resource area specified in Part 11 or Part III of the regula-
tions do not apply.
IM Coastal Resource Area Type: Land Under the Ocean Identifying number or letter
0 Inland of support documents
Dredging will be limited to previously dredged areas Sl, Al
and will be performed between October I and March 15
so as to avoid marine fisheries spawing periods.
Siltation curtains will be used where conditions permit.
To avoid impacts to nearshore wildlife habitat, dredge
materials will be disposed of at the Foul Area Disposal
Site located approximately 16 miles east/southeast of
the project site.
0 coastal Resource Area Type: Identifying number or letter
0 Inland of support documents
3-5
0 Coastal Resource Area Type: Identifying number or letter
13 Inland of support documents
2. Clearly,completely and accurately describe,with reference to supporting plans and calculations where
necessary:
(a) all measures and designs to regulate work within the Buffer Zone so as to insure that said work does
not alter an area specified in Part 1,Section 10.02(l)(a)of these regulations;or
(b) if work in the Buff er Zone will alter such an area,all measures and designs proposed to meet
the performance standards established for the adjacent resource area specified in Part 11 or
Part III of these regulations.
• Coastal Resource Area Type Bordered By I 00-Foot Discretionary Zone: Identifying number or letter
• Inland of support documents
3-6
Part V:Additional Information for a Department of the Army Permit
1. COE Application No. 2. Salem Harbor
(to be provided by COE) (Name of waterway)
3. Names and addresses of property owners adjoining your property:
City of Salem
James & Elizabeth MacDowell
Robert & Margaret McBournie
Lucien & Helen Caron
Claire Arsenault
Year End Trust
Edward & Lorraine Manning
Alban Allain
Jean & Dorothy Beauregard
4. Document other project alternatives(i.e.,other locations and/or construction methods,particularly those
that would eliminate the discharge of dredged or fill material into waters or wetlands).
5. 8 Ma" x 11" drawings in planview and cross-section,showing the resource area and the proposed activ-
ity within the resource area. Drawings must be to scale and should be clear enough for photocopying.
Certification is required from the Divison of Water Pollution Control before the Federal permit can be issued.
Certification may be obtained by oontactng the Division of Water Pollution Control, 1 Winter Street Boston.
Massacnu6etts 02108.
Mere the activity will take place within the area under the Massachusetts approved Coastal Zone
Managernent Program. the applicant certifies that his proposed activity comple-s wh and will be conducted
in a manner that is consistent with the approi/ed program.
Information provided will be used in'evaluatirig the application for-a peimit and s made a matter of public
record through issuance of a public notice. Disclosure of this information is voluntary. hoivever if necessary
informaton is not provided. the applcaton cannot be processed nor can a permit be issued.
I hereby certify under the pains and 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.
Signature of Applicant Date
W-C�A,_I., 2-Z-1 18-3
ture of Applicant's Representative Date'
FORM -Exception to END Form 4346 approved by HQUSACE, 6 May 1982"
NED 100 (TEST)..This document contains a joint Department of the Army and State of Massachusetts application
IMAY 82 for a permit to obtain permission to perform activities in United States water,. The Office
of Management and Budget (OMB) has approved those questions required by the US Army carp,
of Engineers OMB Number 0702-0036 ad aspiration date of 30 September 1983 applies". This
statement ill be set is 6 point type.
3-7
ATTACHMENT 1
Project Narrative
ATTACHMENT 1
PROJECT NARRATIVE FOR PROPOSED DREDGING
AT DION YACHT YARD
SALEM, 14ASSACHUSETTS
The Frederick J. Dion Yacht Yard is located south of Palmer
Point in Salem Harbor (see Figure 1) . The Dion Yacht Yard
is a commercial marine facility specializing in the service
and storage of wooden hull yachts. The Dion Yacht Yard
offers one of the few remaining facilities specializing in
the servicing of wooden hull sailing vessels and one of the
few remining marine rai-lway boatramps in the northeast
capable of accommodating sailing vessels in the 40 to 60
foot class range.
The boat basin and the channel leading to the yacht yard
were regularly dredged by the Massachusetts Department of
Public Works in the 1940 ' s and 1950 ' s, and improvement
dredging was licensed and performed in a portion of the boat
basin in 1975. However , because of shoaling within the boat
basin and the southwest terminus of the channel, access to
the yacht yard and maneuvering within the boat basin have
been substantially limited.
Because of the present need to perform maintenance dredging
within the boat basin and channel and because the state no
longer maintains said areas, the present owner of the
facility, The Frederick J. Atkins Trust, proposes to dredge
approximately 8,000 cubic yards of material from those areas
shown on the accompanying site plan (sheet 1) . The dredging
is being proposed to provide for safer navigation of those
sailing vessels serviced and stored at the facility.
Dredging will be limited to previously dredged areas and to
the previous dredge depth of 8. 0 feet below mean low water .
Due to elevated concentrations of chromium and volatile
solids, the material to be dredged is classified as Category
3, Type C materials under Massachusetts Department of
Environmental Quality Engineering Division of Water
Pollution Control regulations ( 314 CMR 9 .00) . In accordance
with the Division of Water Pollution Control 's normally
approvable dredging, handling and disposal options, dredging
by mechanical means and disposal by barge are acceptable
options. However, because of the Category 3, Type C
classification, proposed disposal at a low energy open ocean
site necessitated the performance of a bioassay/
bioaccumulation analysis on the dredge materials.
ATTACHMENT I
DION YACHT YARD
PAGE 2 of 2
Results of the bicassay/bioaccumulation analysis, as
presented in Attachment 2, indicate that combined survival
of test organisms exposed to dredge material was greater
than combined survival of test organism exposed to the
reference sediment and that none of the bioaccumulation
tests identified chemical body burdens in tissues of
organisms exposed to dredged material that were
significantly greater than body burdens observed in
comparable reference organisms. Accordingly, the results of
the bioassay/bioaccumulation analysis indicates that open
ocean disposal at a low energy site is a feasible option
under Division of Water Pollution Control review criteria.
To mitigate temporary impacts associated with the proposed
dredging, siltation curtains will be employed where
conditions permit and dredging will be performed between
October 1 and March 15.
ATTACHMENT 2
Bioassay Analysis Report
Enseco Marblehead
ECOLOGICAL EVALUATION OF Enseco
PROPOSED OCEANIC DISCHARGE
OF DREDGED MATERIAL FROM
SALEM HARBOR, SALEM, MASSACHUSETTS
AT THE FRED J. DION YACHT YARD
Toxicity and Bioaccumulation Tests
with Solid Phase of Material -
Prepared for:
Fred J. Dion Yacht Yard, Incorporated
23 Glendale Street
Salem, MA 01970
Prepared by:
Enseco Incorporated
Doaks Lane at Little Harbor
Marblehead, Massachusetts 02138
June 1987
Enseco Incorporated
Doaks Lane at Little Harbor
Marblehead,Massachusetts 01945
617/639-2695 Fax: 617/639-2637
Enseco
I. SUMMARY
Material proposed to be dredged from Salem Harbor at the Fred J. Dion
Yacht Yard and discharged at a nearby disposal area is evaluated in this
report. Survival of grass shrimp (Palaemonetes 2A212) , clams (Mercenaria
mercenaria) , and sandworms (Nereis virens) exposed for 10 days to the solid
phase of the material was not significantly less than survival of organisms
exposed for the same period of time to reference sediment. Tissues of
organisms that survived exposure to the solid phase of the material were never
characterized by significantly elevated concentrations of xenobiotic
constituents (cadmium, mercury, polychlorinated biphenyls [PCBs], the
dichlorodiphenyl-trichloroethane family [DDT], and aromatic hydrocarbons) as
compared to tissues of reference organisms.
FiLseco
TABLE OF CONTENTS
PAGE
1. Summary . .. . .. .. .. . . .... . .... ..... . ... ... . . . . . .. . ... . .. . ... . . .. .. i
II. Introduction . .. . ... . ... . ..... ............ .... .. . . .. . .. . .. . . . .. . . 1
III. Methods and Materials .... ..... ......... .. .. . .. ... . ... ... ... . .. . . 2
IV. Results and Discussion .... .... ......... ... . . .. .. .. ..... .... . .. . . 8
3.1 Toxicity Tests . ... . .... ..... . .. ....... .. .. .. . . . .. .. . . .. . . .. 8
3.2 Bioaccumulation Tests ............. .. .. . . . . . . . .. . .. . . .. . . . . . 8
V. Literature Cited . . .. . .... . ... . ....... . . . . . . . . .. .. .. . .. . ... .. . . .. 15
APPENDICES
A. Raw Data from Toxicity Test
B. Quality-Control Procedures
Emeco
II. INTRODUCTION
This evaluation was performed for material proposed to be dredged from
Salem Harbor at the Fred J. Dion Yacht Yard and discharged at a nearby
disposal area. The evaluation consists of four principal sections in addition
to the Introduction. The first section, which precedes the Introduction,
summarizes the results of the evaluation. The second section reviews the
methods and materials employed in the evaluation. The third section presents
important results of the evaluation and statistical analyses of those
results. The fourth section identifies literature cited in the evaluation.
Two appendices are included in the evaluation. Appendix A contains all
raw data from the toxicity tests (raw bioaccumulation data appear in the main
body of the evaluation) . Appendix B addresses selected quality-control
procedures.
Enseco
III. METHODS AND MATERIALS
The dredged material employed in this evaluation was collected by
representatives of Enseco Marblehead during 0820-0900 on May 7, 1987. Samples
were collected from the vessel F/V Captain D using a plastic-lined gravity
corer, which was allowed to penetrate the sediment to refusal . Samples were
collected at three stations (Figure 1) . Water depths at the stations were all
12 ft. The length of core samples collected at the three stations were all
1.5 ft. The material was stored in acid-soaked polyethylene buckets that were
transported immediately to Enseco' s laboratory in ice-filled coolers. At the
laboratory samples were maintained in cold storage at 2-4*C until used for
testing.
The solid phase of the dredged material was evaluated for its toxicity
and bioaccumulation potential by protocols developed by the EPA and the Army
Corps of Engineers (U.S. EPA and U.S. Army COE, 1977) , as modified by selected
procedures recommended by the New York District of the Corps (N.Y. District
COE, 1982) and the New England Division, Corps (N.E. Division COE, 1985) . The
solid phase was obtained by wet sieving (1.0-mm screen) the dredged material
into a settling container, adding nonliving material remaining on the screen
to the container, allowing all material to settle for 6 hr, decanting the
supernatant water, and homogenizing the residual material . The sieving and
settling was performed at 20 ± 10C in an environmental chamber.
Species employed in the toxicity tests with the solid phase of dredged
material were the grass shrimp (Palaemonetes pugio) , clam (Mercenaria
mercenaria) , and sandworm (Nereis virens). Clams and sandworms were acquired
from commercial suppliers in Long Island, New York, and Boston, Massachusetts,
respectively. Grass shrimp were collected off the Massachusetts coast. All
organisms were acclimated in natural seawater for at least 10 days prior to
initiation of testing. Grass shrimp, clams, and sandworms were tested in the
same aquaria without the use of special segregation containers, i .e. , Nitex
containers; however, several glass vials were placed in each aquarium to serve
as hiding places for grass shrimp. Grass shrimp and sandworms were fed
2
Palmer Cove
Groin
Paltner pt.
"Ier pt.
0
2
Dion
Yacht
Yard
3 pili6gs
Figure ]. Locations of sampling stations (1-3) for sediment in
Salem Harbor adjacent to Fred J. Dion Yacht Yard.
3
Enseco
commercially prepared, contaminant-free dry food daily throughout the 10-day
test.
Test organisms were exposed to the solid phase of dredged material in
five 38-liter aquaria, with each aquarium containing 20 individuals of ea ch
species and a 15-mm-thick layer of solid phase established on top of a
30-mm-thick layer of reference sediment. In addition, organisms were exposed
to five replicates of reference sediment (each replicate consisting of a
38-liter aquarium containing 20 individuals of each species and a 45-mm-thick
layer of reference material ) and five replicates of control sediment (each
replicate consisting of a 38-liter aquarium containing 20 individuals of each
species and a 45-mm-thick layer of control sediment) . The aquaria were filled
with seawater immediately after addition of sediment, and the flow through
seawater system was turned on an hour later. Animals were added after one
exchange of seawater had occurred.
Reference sediment was collected on April 23, 1987, from a single
sampling station located to the southeast of the A buoy at the Boston Foul
Area. Control sediment was obtained on May 5, 1987 by Enseco scientists from
the subtidal zone off Manchester, Massachusetts.
Bioassays (10-day tests) were performed at 20 ± I*C, with filtered
natural seawater collected from the Atlantic Ocean at Marblehead,
Massachusetts being delivered to test aquaria by the flow-through method (six
complete water exchanges per day, as documented by the use of a total of
9,000 gal of water during the tests) . This seawater contained the following
concentrations of constituents of interest: cadmium - 0.21 ppb, mercury -
<0.2 pp1b, DDT - <0.1 ppb, and PCB' s - <0.1 ppb. Seawater in aquaria was
aerated to maintain levels of dissolved oxygen at or above 4 mg/l , and a 14-hr
light and 10-hr dark photoperiod was maintained with cool-white fluorescent
bu.1 bs.
At the conclusion of the solid-phase bioassays all surviving organisms
from each aquarium were placed in an aquarium containing clean, sediment-free
water and allowed to void their digestive systems (sandworms were confined in
4
Emeco
Nitex containers to prevent predation by grass shrimp). Organisms were
maintained under flow-through conditions for a period of 2 days. During that
time, fecal material was removed from aquaria. At the end of the 2-day
period, all samples of organisms were split into approximately equal amounts.
One subsample was placed in a polyethylene clean bag and frozen for later
analyses of inorganic constituents. The second subsample was put in
solvent-rinsed aluminum foil and frozen for analyses of organics. Prior to
being chemically analyzed, biological samples were thawed and shells of clams
were removed with acid-rinsed plastic utensils (inorganic analyses) and
solvent-rinsed metal utensils (organic analyses) . Samples of pretest
organisms (three samples of each test species) were also split and processed
as described above.
Biological samples (tissue samples) were analyzed for two inorganic
constituents -- Cadmium (Cd) and Mercury (Hg) -- according to procedures
described by Goldberg (1976) and the EPA (1979, 1980a) . In the case of Cd, an
aliquot of wet, homogenized tissue (approximately 0.3-0.6 g for grass shrimp
and 5 g for clams and sandworms) was placed in a 100-ml , tall-form Pyrex
beaker and frozen. Then, 10 ml of concentrated, Instra-analyzed (J.T. Baker
Co.) nitric acid was added to the beaker and the sample was allowed to sit
overnight, after which it was refluxed without boiling until the tissue was
completely digested. After the sample was digested, it was evaporated to near
dryness. Then, additional nitric acid (2 ml for grass shrimp and 5 ml for
other species) and 30% Ultrex (J.T. Baker Co.) hydrogen peroxide (2 ml for
grass shrimp and 5 ml for other species) were added to the beaker, and the
sample was evaporated to near dryness. Finally, more nitric acid (1 ml ) and
30% hydrogen peroxide (2 ml ) were added to the beaker, and the sample was
heated until oxidative frothing subsided. At that time, the sample was
cooled, diluted to volume with deionized distilled water, and analyzed by
graphite-furnace atomic absorption spectrophotometry (AAS) .
For lig, a separate aliquot of wet, homogenized tissue (about 0.3-0.6 g
for grass shrimp and 5 g for clams and sandworms) was placed in a 300-ml glass
BOD bottle and frozen. Approximately 10 ml (grass shrimp) or 20 ml (other
species) of concentrated, Instra-analyzed sulfuric acid was placed in the
5
FxLseco
bottle, and the sample was allowed to sit until the tissue was completely
digested. Then, 2 ml (grass shrimp) or 5 ml (other species) of concentrated
Instra-analyzed nitric acid were placed in the bottle, after which 100 ml of
deionized distilled water, 15 ml of 5% Instra-analyzed potassium permanganate,
and 8 ml of 5% Instra-analyzed potassium persulfate were added to the bottle.
The sample was then heated at 556C in a water bath for 2 hr. The resulting
solution was analyzed by cold-vapor AAS after addition of reducing agents (12%
hydroxylamine sulfate-sodium chloride and 10% stannous sulfate) .
Tissue samples were analyzed for three types of organics -- PCBs, the DDT
family, and aromatic hydrocarbons -- according to the basic procedures
described by the EPA (1980b) , Crump-Wiesner et al . (1974) , the U.S. Food and
Drug Administration (1977) , and Warner (1976) . Tissue samples (approximately
I g wet wt. for grass shrimp and 10 g for clams and sandworms) were thoroughly
rinsed and placed in 50-ml centrifuge tubes, to which were added 10-ml
aliquots of 10 N potassium hydroxide and "Resi-analyzed" grade methanol , and 5
jig of internal standard (0-terphenyl ). After purging with nitrogen gas, the
tubes were sealed and placed in a water bath at 90*C for 2 hr (tubes were
shaken every 30 min) . This saponification process, described above, digests
the tissue, thereby releasing PCBs, DDTs, and hydrocarbons. Three 15-ml
portions of "Resi-analyzed" grade hexane were used to extract PCBs, DDTS, and
hydrocarbons from the above-described methanol/potassium hydroxide digestate.
The water soluble fraction was then discarded. The three extracts were
combined, dried over a small volume (approximately 10 g) of sodium sulfate,
and concentrated to I ml by rotary evaporation. The extracts were then
cleaned, using alumina-column chromatography (employing, successively, 1 g
sodium sulfate, 6.5 g of 7.5% deactivated alumina, and 1 g sodium sulfate) , as
follows. The I-ml concentrate was charged to the top of the column and the
column was eluted with 25 ml of hexane. The hexane was concentrated to 2 ml
by rotary evaporation and further concentrated to 0.5 ml under a stream of
purified nitrogen. The hexane extract was weighed for total extractables and
charged to a Warner chromatography column (wet packed with 10 g of 100%
activated silica gel in dichloromethane and prepared by eluting with 30 ml
each of dichloromethane and hexane). The column was eluted with 25 ml of
hexane and then with 25 ml of 20% dichloromethane in hexane to separate,
6
Enseco
respectively, f, (aliphatic) and f, (mono- and diaromatic) compounds. After
concentration by rotary evaporation, the f, fraction was analyzed by
fused-silica capillary GC on a Hewlett-Packard 5840 or 5880 GC equipped with a
splitless injection port and a flame ionization detector. Wall-coated
open-tubular (WCOT) fused-silica columns (0.25 mm x 30 m, J&W Scientific,
coated with DB-5 stationary phase) were used to analyze the fraction. Total
concentrations of aromatic hydrocarbons were calculated by comparing the
integrated areas of chromatogram peaks with the area of the internal standard,
(0-terphenyl ) . It is important to emphasize that the techniques employed for
hydrocarbon analysis -- Warner's techniques supplemented by several technical
improvements, i .e. , use of an alumina-column clean-up step, use of a "real "
internal standard (standard added to homogenized tissue media as opposed to
later sample extracts) , which allow accurate corrections for incomplete
recoveries -- are incapable of definitively distinguishing between biogenic
(natural ) and petroleum hydrocarbons unless the latter form predominates.
The above-identified f, fraction was also analyzed for PCBs and the DDT
family by packed-column gas chromatography and electron-capture detection,
employing a Hewlett-Packard Model 5840A or 5880 instrument equipped with a
Ni63 detector. The column, a 6-ft x 2-mm I.D. glass instrument packed with 5%
SP2401 or 1.95% SP2401 and 1.5% SP2250, was held isothermally at 2000C. The
peaks in the f, fraction were quantified by comparing retention times and peak
areas to those of external standards.
Results of the bioassay and bioaccumulation tests were interpreted by
statistical techniques recommended by the U.S. EPA and U.S. Army COE (1977) .
When warranted, each data set generated in the studies was evaluated by
Cochran' s procedure to determine if variances of the data were homogeneous.
Because variances were homogeneous, a parametric, unpaired 'It" test was used
to determine if a significant difference existed between reference organisms
and organisms exposed to dredged material . In all statistical tests, the
symbols "*" and 'Ins" are used to denote significant and nonsignificant
differences, respectively, at the 95% confidence level (p = 0.05) .
7
Emeco
IV. RESULTS AND DISCUSSION
Toxicity tests and bioaccumulation tests are separately addressed in this
section of the report.
3.1 Toxicity Tests
Raw data are presented in Table 1 and Appendix A.1. Mean survival of
grass shrimp exposed for 10 days to control sediment, reference sediment, and
the solid phase of dredged material was 98.0, 97.0, and 98.0%, respectively.
Comparable values for clams were 99.0, 97.0, and 98.0%. Values for sandworms
were 99.0, 98.0, and 99.0%.
Analysis of survival data for the three types of organisms exposed to
reference sediment, and the solid phase of dredged material is presented in
Table 2. Mean survival of control organisms was equal to or greater than 90%,
thereby allowing evaluation of survival data. Survival of grass shrimp,
clams, and sandworms exposed to dredged material was not significantly lower
than survival of organisms exposed . to reference sediment. Total (combined)
survival of the three organisms exposed to dredged material was greater than
combined survival of organisms exposed to reference sediment.
3.2 Bioaccumulation Tests
Results of bioaccumulation tests with tissues of organisms that survived
10-day exposure to control sediment, reference sediment, and the solid phase
of dredged material are presented in Table 3 (grass shrimp) , Table 4 (clams) ,
and Table 5 (sandworms) . Statistical analysis of data sets in which mean
concentration of a chemical constituent in tissues of organisms exposed to
dredged material was higher than mean concentration in reference organisms are
presented in Table 6. None of the 15 bioaccumulation tests (five types of
chemical constituents x three test species x one sample of dredged material )
identified chemical body burdens in tissues of organisms exposed to dredged
material that were significantly greater (in a statistical sense) than body
burdens observed in comparable reference organisms.
8
Emeco
Table 1. Survival of grass shrimp (Palaemonetes a!jg�) , clams (Mercenaria
mercenaria) , and sandworms (Nereis virens) exposed for 10 days to the solid
phase of dredged material , control sediment, and reference sediment
Number of survivors
Repli- Control Reference Dredged
Organism cate sediment sediment material
Grass shrimp 1 18 18 20
2 20 20 20
3 20 19 20
4 20 20 19
5 20 20 19
Mean 19.6 19.4 19.6
Clams 1 20 20 20
2 20 18 18
3 20 19 20
4 19 20 20
5 20 20 20
Mean 19.8 19.4 19.6
Sandworms 1 19 20 20
2 20 20 20
3 20 20 20
4 20 19 20
5 20 19 19
Mean 19.8 19.6 19.8
9
Filseco
Table 2. Statistical analyses of survival of grass shrimp (Palaemonetes P�) , clams
(Mercenaria mercenaria) , and sandworms (Nereis virens) exposed for 10 days to the solid
phase of dredged material and reference sediment
Cochran' s test for homogeneity Parametric unpaired [ItIl
of variances of survival data test of survival data
Organism Treatment Mean Variance C(cal ) t(cal )
Grass Reference sediment 19.4 - Analyses not warranted -
shrimp Dredged material 19.6 (mean for reference sediment less than
mean for dredged material )
Clams Reference sediment 19.4 - Analyses not warranted -
Dredged material 19.6 (mean for reference sediment less than
mean for dredged material )
Sand- Reference sediment 19.6 - Analyses not warranted -
worms Dredged material 19.8 (mean for reference sediment less than
mean for dredged material )
Total Reference sediment 58.4 - Analyses not warranted -
(combined) Dredged material 59.0 (mean for reference sediment less than
mean for dredged material )
10
Enseco
Table 3. Concentration of mercury (Hg) , cadmium (Cd) , PCBs, DDT, and aromatic
hydrocarbons in tissues of grass shrimp (Palaemonetes R!!�) that survived 10-day
exposure to the solid phase of dredged material , control sediment, and reference
sediment
Concentration of chemical constituent
Repli- in tissues (jig/g, wet weight)
Chemical cate Control sediment Reference sediment Dredged material
Mercury 1 0.036 0.062 0.063
2 0.045 0.049 0.020
3 0.079 0.042 0.060
4 0.043 0.048 0.058
5 0.056 0.065 0.022
Mean 0.052 0.053 0.045
Cadmium 1 0.028 0.037 0.025
2 0.021 0.027 0.012
3 0.033 0.028 0.036
4 0.019 0.031 0.030
5 0.026 0.059 0.015
Mean 0.025 0.036 0.024
PCBs I <0.01 <0.01 <0.01
2 <0.01 <0.01 <0.01
3 <0.01 <0.01 <0.01
4 <0.01 <0.01 <0.01
5 <0.01 <0.01 <0.01
Mean <0.01 <0.01 <0.01
DDT 1 <0.01 <0.01 <0.01
2 <0.01 <0.01 <0.01
3 <0.01 <0.01 <0.01
4 <0.01 <0.01 <0.01
5 <0.01 <0.01 <0.01
Mean <0.01 <0.01 <0.01
Aromatic 1 <0.1 6.7 <0.1
hydrocarbons 2 <0.1 1.3 <0. 1
3 <0.1 <0. 1 <0.1
4 <0.1 <0. 1 <0. 1
5 <0.1 <0.1 <0.1
Mean <0.1 1.7 <0.1
Enseco
Table 4. Concentration of mercury (Hg) , cadmium (Cd) , PCBs, DDT, and aromatic
hydrocarbons in tissues of clams (Mercenaria mercenaria) that survived 10-day
exposure to the solid phase of dredged material , control sediment, and reference
sediment
Concentration of chemical constituent
Repli- in tissues ()1g/g, wet weight)
Chemical cate Control sediment Reference sediment Dredged material
Mercury 1 0.017 0.016 0.017
2 0.016 0.018 0.019
3 0.015 0.018 0.013
4 0.016 0.022 0.018
5 0.033 0.022 0.018
Mean 0.019 0.019 0.017
Cadmium 1 0.14 0.18 0.11
2 0.10 0.10 0.12
3 0.096 0.12 0.10
4 0.085 0.090 0.13
5 0.11 0.11 0.12
Mean 0.11 0.12 0.12
PCBs 1 <0.01 <0.01 <0.01
2 <0.01 <0.01 <0.01
3 <0.01 <0.01 <0.01
4 <0.01 <0.01 <0.01
5 <0.01 <0.01 0.01
Mean <0.01 <0.01 0.01
DDT I <0.01 <0.01 <0.01
2 <0.01 <0.01 <0.01
3 <0.01 <0.01 <0.01
4 <0.01 <0.01 <0.01
5 <0.01 <0.01 <0.01
Mean <0.01 <0.01 <0.01
Aromatic I <0. 1 <0.1 <0. 1
hydrocarbons 2 <0. 1 <0.1 <0.1
3 <0.1 <0. 1 <0.1
4 <0. 1 <0.1 <0.1
5 <0.1 <0.1 <0.1
Mean <0.1 <0.1 <0.1
12
Enseco
Table 5. Concentration of mercury (Hg) , cadmium (Cd) , PCBs, DDT, and aromatic
hydrocarbons in tissues of sandworms (Nereis virens) that survived 10-day exposure
to the solid phase of dredged material , control sediment, and reference sediment
Concentration of chemical constituent
Repli- in tissues (jig/g, wet weight)a
Chemical cate Control sediment Reference sediment Dredged material
Mercury 1 0.015 0.014 0.017
2 <0.005 0.014 0.011
3 0.017 0.014 0.018
4 0.022 0.015 0.017
5 0.014 0.009 0.014
Mean 0.015 0.013 0.015
Cadmium 1 0.099 0.075 0.067
2 0.054 0.077 0.058
3 0.075 0.043 0.053
4 0.088 0.065 0.074
5 0.065 0.091 0.043
Mean 0.076 0.070 0.059
PCBs 1 0.26 0.31 0.26
2 0.47 0.24 0.28
3 0.31 0.26 0.26
4 0.43 0.32 0.34
5 0.32 0.20 0.19
Mean 0.36 0.27 0.27
DDT 1 <0.01 <0.01 <0.01
2 <0.01 <0.01 <0.01
3 <0.01 <0.01 <0.01
4 <0.01 <0.01 <0.01
5 <0.01 <0.01 <0.01
Mean <0.01 <0.01 <0.01
Aromatic 1 1.3 2.3 3.0
hydrocarbons 2 1.9 1.7 1.9
3 2.0 2.2 1.7
4 2.6 2.6 4.2
5 1.7 1.8 3.2
Mean 1.9 2.1 2.8
aData sets in which mean tissue concentration in organisms exposed to any
sample of dredged material is higher than mean concentration in reference organisms
are enclosed by boxes. Statistical analyses of the enclosed data sets appear in
Table 6.
13
Enseco'
Table 6. Statistical analyses of selected data in bioaccumulation study data sets in which mean tissue
concentration in organisms exposed to dredged material is higher than mean concentration in reference
organisms
Cochran' s test for homogeneity Parametric unpaired ttit
of variances of chemical data test of chemical data
Chemical
Organism constituent Treatment Mean Variance C(cal )a t(cal )b
Sandwornis Mercury Reference sediment 0.013 0.0000057 0.59 ns 1.32 ns
Dredged material 0.015 0.0000083
Sandworms Aromatic Reference sediment 2.1 0.137 0.88 ns 1.39 ns
hydrocarbons Dredged material 2.8 1.045
aThe value for C(cal ) is compared to C(tab) , which equa�ls 0.91 for 0.05 probability level , k = 2,
and v = 4. Variances are considered to be homogeneous (ns) if C(cal) � C(tab)- Otherwise, variances
are considered to be heterogeneous (*).
bThe value for t(cal ) is compared to t(tab) , which equals 1.86 for 0.05 probability level ,
df = 8. Means are considered to be nonsignificantly different (ns) if t(cal ) � t(tab)- Otherwise, the
difference is considered to be significant
Fmeco
V. LITERATURE CITED
Crump-Wiesner, H.J. , H.R. Feltz, and M.L. Yates. 1974. Pesticides in water.
A study of the distribution of polychlorinated biphenyls in the aquatic
environment. Pesticides Monitoring Journal 8: 157-161.
Goldberg, E.D. 1976. Strategies for marine pollution monitoring.
Wiley-Interscience, John Wiley and Sons, New York. 310 pp.
New England Division, U.S. Army Corps of Engineers. 1985. Specifications for
Bioassay and Bioaccumulation Testing of Sediment Samples. Attachment to
Solicitation No. DACW33-85-R-0011. September 6, 1985.
1
New York District, U.S. Army Corps of Engineers. 1982. Guidance for
performing tests on dredged material to be disposed of in ocean waters.
15 pp.
Sokal , R.R. , and F.J. Rohlf. 1969. Biometry. W.H. Freeman and Co. , San
Francisco. 776 pp.
U.S. Environmental Protection Agency. 1980a. Interim methods for the
sampling and analysis of priority pollutants in sediments and fish
tissue. U.S. Environmental Protection Agency, Environmental Monitoring
and Support Laboratory, Cincinnati , Ohio.
U.S. Environmental Protection Agency. 1980b. Manual of analytical methods
for the analysis of pesticides in humans and environmental samples.
U.S. Environmental Protection Agency, Health Effects Research Laboratory,
Research Triangle Park, North Carolina. EPA 600/8-80-038.
U.S. Environmental Protection Agency and U.S. Army Corps of Engineers. 1977.
Ecological evaluation of proposed discharge in dredged material into
ocean waters. Implementation Manual for Section 103 of PL-92-532.
Environmental Effects Laboratory, U.S. Army Engineer Waterways Experiment
Station, Vicksburg, Mississippi . Second Printing, April 1978.
15
Enseco
U.S. Food and Drug Administration. 1977. Pesticide analytical manual , Vol .
I. Methods which detect multiple residues. FDS, Washington, D.C.
§211.13f.
Warner, J.S. 1976. Determination of aliphatic and aromatic hydrocarbons in
marine organisms. Anal . Chem. 48:578-583.
16
Fmeco
APPENDIX A
Raw Data from Toxicity Tests
This appendix contains raw data generated by solid phase bioassays with
control sediment, reference sediment, and samples of dredged material . Tests
were performed with grass shrimp, Palaemonetes pugio, clams, Mercenaria
mercenaria, and sandworms, Nereis virens.
Enseco
Table A.1. Results of solid phase bioassays with grass shrimp (Palaemonetes clams (Mercenaria
mercenaria) , and sandworms (Nereis virens)a
Number of survivors b,c
Control sediment Reference sediment Dredged material
Grass Sand- Grass Sand- Grass Sand-
Replicate shrimp Clams worms Total shrimp Clams worms Total shrimp Clams worms Total
1 18 20 19 57 18 20 20 58 20 20 20 60
2 20 20 20 60 20 18 20 58 20 18 20 58
3 20 20 20 60 19 19 20 58 20 20 20 60
4 20 19 20 59 20 20 19 59 19 20 20 59
5 20 20 20 60 20 20 19 59 19 20 19 58
Mean 19.6 19.8 19.8 59.2 19.4 19.4 19.6 58.4 19.6 19.6 19.8 59.0
aBioassays (10-day tests) were conducted at 20 ± 20C in 38-liter aquaria. Organisms were
exposed to each replicate of a treatment in a single aquarium. Water in aquaria was exchanged by the
flow-through method and was aerated. A 14-hr light and 10-hr dark photoperiod was maintained with
cool-white fluorescent bulbs. Salinity was maintained at 28 ppt.
bTwenty (20) individuals were initially exposed to each replicate of a treatment. Thus, a total
of 60 animals was employed in each aquarium.
cIn addition to monitoring survival of all species, burrowing behavior of clams and sandworms
was noted daily. No differences were observed among aquaria.
Enseco
Table A.1 Continued - dissolved oxygen measured during solid phase bioassay.
Day of Exposure
Repli-
Treatment cate 0 1 2 3 4 5 6 7 8 9 10
Control 1 7.5 6.8 6.7 6.8 7.0 6.3 6.6 6.3 6.9 6.7 7.1
sediment 2 7.4 6.6 6.5 6.6 7.0 6.4 6.7 6.4 6.9 6.7 6.8
3 7.5 6.6 6.7 6.8 7.2 6.7 6.9 6.7 6.9 6.8 6.8
4 7.4 6.6 6.7 7. 1 7.0 6.4 6.9 6.7 6.9 6.7 6.8
5 7.3 6.7 6.5 7. 1 6.7 6.4 6.9 6.9 7.0 6.8 7.0
Reference 1 7.2 6.5 6.5 6.9 7.0 6.7 6.6 6.3 6.9 6.9 6.7
sediment 2 7.1 6.8 6.3 6.8 7.0 6.2 6.6 6.5 6.8 7.2 7.2
3 7.2 6.4 6.6 6.9 7.2 6.7 6.5 6.4 6.8 6.7 6.9
4 7.2 6.7 6.5 7.0 6.8 6.1 6.7 6.3 7.1 6.8 7.0
5 7.4 6. 1 6.6 6.8 6.9 7.0 6.7 6.4 6.7 6.9 6.7
Dredged 1 7.3 5.9 6.6 6.7 7.0 6.8 6.4 6.4 6.7 6.6 6.8
material 2 7.3 5.9 6.5 6.8 7.0 6.4 6.4 6.7 6.7 6.6 7.1
3 7.2 6.4 6.7 6.7 7.0 6.5 6.5 6.6 6.9 6.9 7.0
4 7.1 6.6 6.6 6.7 7.1 6.6 6.5 6.5 6.8 6.9 6.7
5 7.0 6.6 6.6 6.7 7.1 6.2 6.5 6.8 6.8 7.0 7.0
Ensec�
Table A. 1 Continued - pH measured during solid phase bioassay.
Day of Exposure
Repli-
Treatment cate 0 1 2 3 4 5 6 7 8 9 10
Control 1 7.8 7.8 7.7 7.9 7.8 7.3 7.9 7.8 7.9 7.8 8.0
sediment 2 7.8 7.8 7.8 8.0 7.7 7.7 7.9 7.7 8.1 7.9 8.0
3 7.8 7.8 7.8 8.0 7.8 7.8 7.9 7.8 8.1 7.8 8.1
4 7.8 7.8 7.8 8.0 7.8 7.3 8.0 8.0 8.0 7.9 7.9
5 7.8 7.8 7.7 8.1 7.7 7.6 8.0 7.8 8.1 7.8 8.0
Reference 1 7.8 7.7 7.8 8.0 7.7 7.2 8.0 7.8 8.0 7.9 7.9
sediment 2 7.8 7.8 7.8 8.0 7.7 7.6 8.0 7.8 8.0 7.8 8.0
3 7.8 7.8 7.8 8.0 7.7 7.3 8.0 7.8 8.0 7.8 7.9
4 7.8 7.8 7.8 8.1 7.8 7.5 8.0 7.7 8.0 7.9 8.0
5 7.8 7.7 7.8 8.0 7.8 7.5 8.0 7.7 8.0 7.8 7.9
Dredged 1 7.8 7.8 7.8 8.0 7.6 7.4 8.0 7.7 7.9 7.8 7.9
material 2 7.8 7.7 7.8 7.9 7.6 7.6 8.0 7.7 7.9 7.8 7.9
3 7.7 7.8 7.8 8.0 7.7 7.5 8.0 8.0 8.0 7.9 7.9
4 7.8 7.8 7.8 8.0 7.7 7.5 8.0 7.7 8.0 8.0 8.0
5 7.8 7.7 7.9 8.0 7.8 7.3 8.1 7.8 8.0 7.8 8.0
Exiseco
APPENDIX B
Quality Control Procedures
This appendix addresses quality-control procedures identified in the
general Statement of Work for toxicity and bioaccumulation tests conducted for
the New England Division of the Corps of Engineers.
QUALITY-CONTROL QUALITY-CONTROL
REQUIREMENT RESPONSE
1. Testing with sediment shall Sediment was collected on May 6,
commence no later than 12 1987. Processing of sediment
calendar days from date of commenced on May 7. Conse-
sample collection. quently, 1 day elapsed between
collection of the samples and
sample processing.
2. Mortality of control organ- Total (combined) mortality of
isms during toxicity tests control organisms was 2.2%.
can be no greater than 10%.
3. Detection limits for chemical Detection limits were:
chemical constituents in Cd--as low as 0.013 ppm;
bioaccumulation tests Hg--as low as 0.005 ppm;
must be: Cd--0.25 ppm; PCBs--0.01 ppm; DDT family-
Hg--0.20 ppm; PCBS--0.04 -0.01 ppm; and aromatic
ppm; DDT family--0.20 ppm; hydrocarbons--0.10 ppm.
and aromatic hydrocarbons-
-0.10 ppm.
Enseco
QUALITY-CONTROL QUALITY-CONTROL
REQUIREMENT RESPONSE
4. Sensitivity of chemical Sensitivity of chemical
measurements in bioaccumu- measurements was Cd--as
lation tests must be: Cd-- much as 0.012 ppm; Hg--as
0.10 ppm; Hg--O.1O ppm; much as 0.004 ppm; PCBs--
PCBS--0.01 ppm; DDT family 0.01 ppm; DDT family--O.01
--0.10 ppm; and aromatic PPm; and aromatic hydro-
hydrocarbons--0.05 ppm. carbons--as much as 0.10
ppm-
------------------------------------------
An additional quality-control recommendation (New York District COE,
1982) , is that concentrations of chemical constituents in stock (pretest)
organisms employed in bioaccumulation tests should be less than the previously
identified required detection limits for the constituents (except that pretest
levels of hydrocarbons should be less than 0.15 ppm) . The following
comparisons address that issue.
Mean concentration
Chemical Detection in stock (pretest) organisms (ppm)
constituent limit (ppm) Grass shrimp Clams Sandworms
Cd 0.25 0.02 0.12 0.059
Hg 0.20 0.024 0.016 0.011
PCBs 0.04 <0.01 <0.01 0.27
DDT family 0.20 - <0.01 <0.01 <0.01
Aromatic 0.10 <0.10 <0.10 3.3
bydrocarbons
"T", 7
;'.7 Out
27
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LOCATION MAP OF PROPOSED DREDGING
JobNO. 2.1766.00 Fig. 1
AT DION YACHT YARD IN SALEM, MASS.
Hmzontal Scale in Feet 1'=2,083'
YXCI e� 049 U.J1 zo/uzc�z,
J
4
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67
S. RUSSELL SYLVA
co"Immsioncr R E i V F
935-2160 March 6, 1989 MAR 8 10,89
DATE:
TU-11;I
ASSIGNED FI
LE NO: DEPT.
The Division of Wetlands is in receipt Of' an application filed under M.G.L.
Chapter 131, Section 40, the application is in the nar-e of:
APPLICANT; Frederick J. Atkins Trust UNER OF LPlM: same
23 Glendale Street
Salem, MA 01970
PRaJECT L0--zTIO1!: Dion Yacht Yard - 23 Glendale Street LOT:
PRWECT REVIBI
`Ihe appl-ication is incormle�e.
I , I NO file naTbeer will be assigned until mterial
checked belao is submitted to this Office:
Notioe of Intent Plans
Project requires the filing of a
Fon-ii 3 (Notice of Intent) rather than
Form 4 (Abbreviated Notice of Intent) Locus
WATERIAYS REV197
x ) Project may require a Chapter 91 Liceense-Project has been referred to
Waterways.
Preliminary review indicates that the project does not require a Chapter 91
License. HcFwever, should further review indicate- that the project may requiite
a Chapter 91 License, the Department reserves the right to refer the project
to Waterways at that time.
ISSUANCE OF A FILE NUMER INDICATES UNLY CaMPLEMNESS OF FILING SUBMI=, Nor
APPROVAL OF THE APPLICATI(Vi.
%le t I
ru y you
-"�Sabryin M. Lord, Jr. ,
Deputy Regional Envi rnental Engineer
C I C: Conservation Comissiont Salem, MA 01970
The BSC Group, Boston, Inc. , 425 Summer Street, Boston, MA 02110
ANCRESTE111
BAY I.T
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LOCATION MAP OF PROPOSED DREDGE DISPOSAL SITE
Jc)b No. 2.17 6 6.0 0 Fig. 2
FOR DION YACHT YARD, SALEM, MASS.
Horizontal Scale in Feet 1"=1 2.000,
INLAND FISHERIES AND GXMI 131 § 40
removal, filling, dredging, or alteration authorized by such certification ex-
tend beyond the time necessary to abate the emergency.
ons; of section fourteen of chapter twenty-one A
Notwithstanding the provisil to the contrary, the notice of intention.required
or any other provision of law ntenance
in the first paragraph of this section shall not apply to a mat
dredging project for which a license has been previously issued within ten
years by the division of waterways of the department of environmental
lon. A person intending to fill or dredge under such previously issued
protect' itten notice by certified mail to the conservation
license shall file a wri en in a town or mayor of a city
commission or if none, to the board of selectin, oject is located. such notice
in which the land upon which such dredging pr
shall contain the name and address of the applicant- mayor fails to
if the conservation commission, the board of selectmen or
notify the applicant at the applicant's address within twenty days of the
ic objections to the commencement of such
receipt of such notice of the specif plated under said license, the
dredging fill or maintenance dredging content
such work without any further notice to other
applicant may commence �dth Notwithstanding failure to notify an appli-
agencies of the commonwe� - tion commission, the board of
cant, as hereinbefore provided, the conserva an area at which spoilage from
selectmen or mayor may at any time designate ocation of shellfish before
the dredging may be placed and may require the rel
such maintenance dre ging takes place. ayor cites
if the conservation commission, the board of selectmen or in
otice of intention, such conservation commission,
specific objections to the n ring as provided in this section
board of selectmen or mayor may order a hea on shall apply.
and all other pertinent provisions of this secti
ses inherits or otherwise acquires real estate upon
Any person who purchal. "
which work has been done in violation of the provisions of this section or in
violation of any order issued under this section shall forthwith comply with
any such order or restore such real estate to its condition prior to any such
violation- provided. however, that no action civil or criminal, shall be
brought 'against such person unless such actio� is commenced within three
years following the recording of the deed or the date of the death by which
such real cstatc, was acquired by such person. Any court having equity
jurisdiction may restrain a violation of this section and enter such orders as it
deems necessary to remedy such violation, upon the petition of the attorney
general the commissioner' a city or town, an owner or occupant of property
which ;nay be affected by said removal, filling, dredging or altering, or ten
residents of the commonwealth under the provisions of section seven A of
chapter two hundred and fourteen.
Rules and regulations shall be promulgatcd,by the commissioner to effectu-
ate the purposes of this section. However, failure by the commissioner to
act to suspend or invalidate the
promulgate rules and regulations shall not . ed for in this
effect of this section. In addition to the other duties provid
section' a conservation commission and its agents, officers, and employees;
the commissioner, his agents and employees; environmental officers, and any
673
59 0 i 0 2 3 0
DEPARTMENT OF THE ARMY PERMIT
.4
permitte Fredri& Atkins Trust
Permit No.mA—sALE-23-88-604-89—R
Issuing office New England Division
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
to maintenance dredge approximately 8000 cubic yards of silt
from a 180,000 square foot area at the Dion Boat Basin located
c=)
off the western shore of Salem Harbor south of Palmer Point in
Salem, MA. The dredging is within the limits of previously
dredged areas and the depth will be equal to the previously
established dredging depth of 8 . 0 feet below mean low water.
Dredging will be performed utilizing mechanical dredge. T he
purpose of the project is to provide safe navigation for those
vessels serviced and docked at the Dion Yacht Yard. The material
. will be disposed of at the Massachusetts Bay Disposal Site.
In a=-odance. with the attached plans entitled "Dion Yacht Proposed Dredging Plan,
I � dated "�Feb 17, 1988"
Salem, Massachusetts (Essex County)" in 6 sheets
Project Location:..
In Salem Harbor
Permit Conditions: W
CA3
General Conditions:
MEET"
1. The time limit for completing the work authorized ends on If you rind that you need
more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condl-
;.11tiopsioUthis pe!mIt..-You are not relieved of this requirement if you abandon,the permitted activity, although you may make
&I
a goodifaith,itransfer-to a third party in compliance with General Condition 4 below. Should you wish to ceafie to in ntain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of
IAhispermit from this office,which may require restoration of the area.
3.Jf you.discover my previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordina-
;.ti.on.required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register
of,.Historic Places.
ENG FORM 1721,Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325(Appendix A))
1
N 0 10 2 3 01 0
2. Periodic maintenance dredging to the area and depth limits
described herein is authorized for ten years from the date of
issuance of this permit, provided disposal of the dredged
material is at an upland site. However the permittee must notify
this office, in writing, 60 days before the intended date of any
such dredging and shall not begin such dredging until written
authorization has been obtained. A separate individual permit
shall be required for such dredging if the material to be dredged
is to be deposited in open or ocean waters and/or wetlands.
3 . All activities authorized by this permit shall be
consistent with safe construction practices and in keeping with
the Occupational Health and Safety Act of 1970. The Division
Engineer may require modifications to the method of construction
or equipment used in order to comply with adequate safety
standards.
4 . Disposal operations shall be monitored by C orps personnel ,
or their contracted representatives, assigned by the Division
Engineer. The permittee shall be charged for the cost of this
inspection. Every discharge of dredged material at the disposal
site must be witnessed by an onboard inspector assigned by the
Corps. The Corps must be informed at least ten working days in
advance of the time an inspector will be required. Contact the
Chief, Inspection Unit, Compliance Section, Regulatory Branch by
telephone at 617-647-8883 . Advance payment of inspection costs
shall be required.
5. The First Coast Guard District, Aids to Navigation Office,
617-223-8338 , shall be notified at least ten working days in
advance of the start date, and of the location and estimated
duration of the dredging and disposal operations.
6. The permittee shall be required to release the dredged
material at a specified bouy or set of coordinates within the
disposal site and shall be required to hold each scow at a
complete halt at the point before and during the emptying of the
pockets of each scow. Disposal shall not be permitted if these
requirements can not be met due to weather, or sea conditions. In
that regard, special attention needs to be given to predicted
conditions prior to departing for the disposal site.
7. Within one month of the completion of dredging, the
permittee shall provide drawings and calculations to the NED'
Marine Analysis unit showing the results of a post-dredging
bathymentric survey to determine the actual volume of material
dredged.
8 . The Marine Safety Office, First Coast Guard District,
617-565-9025 , shall be notified prior to the start of this
project.
2-A
BKO 1 0 2 3 0 ,
a. Damage claims associated with any future modification,suspension,or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include,but are not limited to,the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate(See 4 above).
c. Significant new Information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CPR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of in administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fall to comply with such directive, this office may in certain situations
(such as those specified in 33 CPR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
S. Extensions. General condition 1 establialies a time limit for the completion of the activity authorized by this permit.Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public Interest
decision,the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below,as permittee,indicates that you accept and agree to comply with the terms and conditions of this permit.
(PEAMITTEE) (DATE)
This permit becomes effective when the Federal official,designated to act for the Secretary of the Army,has signed below.
— X— � 2�-Z�r
/DISTkICT ENGINEER) (DATE)
/ Stanley J. Murphy
�-LT. Colonel Corps of Engineers
When the structures or work authorized by this permit are still in existence at the time the property is transferred,the terms and
conditions of this Permit will continue to be binding on the new owner(s)of the property.To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below.
(TRANSFEREE) (DATE)
3
*U.S.GOVERNMENT PRINTING OFFICE:1988-717-425
BK 0 1 0 2 3 0 0 19
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LOCATION MAP OF PROPOSED DREDGING
JObN0- 2.1766.00_ Fig. 1
AT DION YACHT YARD IN SALEM, MASS.
Horizontal Scale in Feet 1'=2.083'
BKO I 0230CLA 14
SALEM
LWILL�-=-VE L HAo?BOR
OCEAN AVE. LOCUS
S/rF
]F]
LOCUS MAP
L 10000
SALEM
N IfARBOR
C4—
B4— PROP039D DREDGING
LNIT
10 L. j
-7
DION
Ba4r BASIN
W.
/"""W' "
I M A
APPROX.
EDGE OF
CHANNEL
A-4 SALEM C 4
�FLATS HARBOR NOTES
I DATUM 19 MEAN LOW WATER.
7 DREDGING RZOSED TO-,80 M.L.W. WITH A
SLOPE OF IISVPE CAL TO 3 HORIZONTAL.
3. VOLUME OF MATERIAL TO BE DREDGED IS
APPROXIMATELY S�= CUBIC YARDS.
4. AREA PREVIOUSLY DREDGED IN 1946, 1954
SCALE: 111 1201 AND 1975-
5. DREDGE MATERIAL TO BE DISPOSED OF AT
DESIGNATED OFFSHORE FOUL AREAS.
6. DREDGING TO BE PERFORMED BY MECHANICAL
- MEANS.
T. DENOTES TIMBER PILES.
DION YACHT
PROPOSED DREDGING PLAN
SALEM . M A SSACHUSETTS
(ESSEX COUNTY)
PLANS ACCOMPANYING PETITION OF
DION YACHT
PREPARED BY THE BBC GRDUP-BOSTON,INC.
ZZ
S ET
HE I OF 2 FEB. 17, 1988
V
0 10 2 3 0 : 0 15
PILES 8 RUBBLE TOP OF SHEET
FROM PREVIOUSLY
DEMOLISHED �rPIER PILING AT 14.05
STRUCTURE
4 0 TO BE REMOVED 4.0
2.0 2.0
MLW SOLID MLw
C!L1
-2.0 FILL) EXISTING f/ --2.0
-4.0 CONTOUR -4.0
-6.0 (TYR') I —
-6.0
PROP.
CONTOUR
(TYR)
SECTION A
2.0 TIMBER 2.0
MLW PILE MLw
-2.0 -2.0
-4.0 -4.0
-6.0 -6.0
-6.0 -8.0
SECTION B
2.0 2.0
MLw MLw
-2.0 -2.0
-d4.0 -4-0
-6.0 6.0
-8.0 -—---------
3 8.0
SECTION C
DION YACHT
CROSS'-SECTIONS
SHOWING PROPOSED DREDGING
SALEM , MASSACHUSETTS Vertical Scale: 1" 121
(ESSEX Horizontal Scale: I" = 120'
COUNTY) Vertical Exaggeration: 10x
PLANS ACCOMPANYING PETITION OF
DION YACHT
PREPARED BY THE BSC GROUP-BOSTON,INC.
SHEET 2 OF 2 FES. t7, 1988
..............
SALEM
ra-
et
4t 1, 0., v,
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. ..........
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LOCATION MAP OF PROPOSED DREDGE DISPOSAL SITE
FOR DION YACHT YARD, SALEM, MASS. JobNo. 2.1766.00 Fig. 2
Honzontal Scale in Feet 1 12,000-
so-mum-rofferm
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7n 31 73
MASS. BAY DISPOSAL SITE7!
Description: This site is a circular area with a diameter of 2 nautical miles and centIr at 420-25.7'N.
70*-34.0'W. From the center, the Marblehead Tower beers true 2820 at 24,300 yards and Baker Island
Horn bears. true 300* at 24,300 yards. The authorized disposal point (within the overall disposal or$&)
is specified -for each dredging project in other project documents. Depth Range: 159 to 304 feet MLW
NOTE: The map depicts the disposal site's location in relation to landmarks. It is not intended for use
in navigation.
BKO 1 0 2 3 0 U 18
&rzc� Wce- o
Daniel S. Greenbaum Olze, ft� Jt,�, 00&0121, JffafS,. O�9106)
Commissioner
PERMIT NO. 185
Name and Address of Permittee:
Frederick J. Atkins Trust
C:)
23 Glendale Street
Salem, MA 01970 ISSYFa*. October 6, 1989
October 6-. 1994
Permission is hereby given by the Department of Environmental
Protection to dredge: Approximately 8,000 cubic yards of material to a
depth of 8.0 feet below mean low water, in Salem Harbor in the City of co
Salem. The dredged spoils shall be barged to the Federal designated Foul
Area disposal site for open ocean disposal.
All work authorized herein shall be in the location shown -and to the
dimensions indicated in the permit plan (s) titled: Plans accompanying the
petition of Dion Yacht. Proposed dredging plan dated February 17, 1988 . C=
STANDARD WATERWAYS PERMIT CONDITIONS
1. Acceptance of this Waterways Permit shall constitute an agreement by
the Permittee to conform to all terms and conditions stated herein.
2. This Waterways Permit is issued upon the express condition that any and
all other applicable authorizations necessitated due to the provisions
hereof shall be secured by the Permittee prior to the commencement of
any activity authorized pursuant to this Permit.
3 . This Waterways Permit shall be revocable by the Department for
noncompliance with the terms and conditions set forth herein. This
Permit may be revoked after the Department has given written notice of
the alleged noncompliance to the Permittee, or his agent, and those
persons who have filed a written request for such notice with the
Department and afforded them a reasonable opportunity to correct said
noncompliance. Failure to correct said noncompliance after the
issuance of a written notice by the Department shall render this
Waterways Permit void.
100% Recycled Paper
6K 0 1 0 2 3 0
PERMIT NO. 185 Page 2
4 . This Waterways Permit is issued subject to all applicable federal,
state, county, and municipal laws, ordinances, by-laws, and
regulations including but not limited to a valid final Order of
Conditions issued pursuant to the Wetlands Protection Act, G.L.
Chapter 131, s. 40. In particular, this issuance is subject to the
provisions of Sections 52 to 56, inclusive, of Chapter 91 of the
General Laws, which provide, in part, that the transportation and
dumping of the dredged material shall be done under the
supervision of the Department, and that the Permittee shall be
liable to pay the cost of said supervision whenever the owner of
the dredge or excavating machine fails to pay for the same within
ten (10) days after notification in writing from the Treasurer of
the Commonwealth that the same is due.
5. This Waterways Permit is issued upon the express condition that
the dredging and transport and disposal of dredged material shall
be in strict conformance with all applicable requirements and
authorizations of the DEP, Division of Water Pollution Control.
6. All subsequent maintenance dredging and transport and disposal of
this dredged material during the term of this Permit shall conform
to all standards and conditions applied to the original dredging
operation performed under this Permit.
7. After completion of the work hereby authorized, the Permittee
shall furnish, to the Department, a suitable plan showing the
depths at mean low water over the area dredged. The dredging
under this Permit shall be so conducted as to cause no unnecessary
obstruction of the free passage of vessels. In doing the dredging
authorized, care shall be taken to cause no shoaling. If,
however, any shoaling is caused, the Permittee shall, at his
expense, remove the shoal areas. The Permittee shall pay all
costs of supervision, and if at any time the Department deems
necessary a survey or surveys of the area dredged, The Permittee
shall pay all costs associated with such work. Nothing in this
Permit shall be so construed as to impair the legal rights of any
persons, or authorize dredging on land not owned by the Permittee
without consent of the owner(s) of such property.
S. The Permittee shall assume and pay all claims and demands arising
in any manner from the work authorized herein, and shall save
harmless and indemnify the Commonwealth of Massachusetts, its
officers, employees, and agents from all claims, audits, damages,
costs and expenses incurred by reason thereof.
9. The Permittee shall, at least three days before commencing any
piece of dredging in the tide water, give written notice to the
Department of the location and amount of the proposed work, and
the time at which it is expected.
10 2 3 0 020
Permit No. 185 Page 3
10. Whosoever violates any provision of this permit shall be subject
to a fine of $25, 000 per day for each day such violation occurs or
continues, or by imprisonment for not more than one year, or both
such fine and imprisonment; or shall be subject to civil penalty
not to exceed $25, 000 per day for each such violation occurs or
continue.
SPECIAL WATERWAYS PERMIT CONDITIONS
1. The dredge contractor shall use overlapping plates or a gasket on
the clamshell bucket to reduce spillage and turbidity.
2. Dredging shall be performed between October 1, and March 15, as
recommended by the Division of Marine Fisheries to avoid Marine
Fisheries spawning periods.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
1Z
Director, �Ivision of Wetlands and Waterways Regulation
Sec'�T Chief, Water'4ays Regulation Program
Qfw
0ow 2 3 0 �16 GLENDALE
A
-4 0 ST.
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s
DION YACHT
PROPOSED DREDGING PLAN DREDGEPERAorvo
SALEM , MASSACHUSETTS ma
(ESSEX COUNTY) Dwiecm
PLANS ACCOMPANYING PETITION OF - SE07M CH&
DION YACHT 10 om
PREPARED BY THE BSC GROLIP- BOSTON,INC.
��R 17 MR1
BKO I 023o 22
PILES 8 RUBBLE TOP OF SHEET
FROM PREVIOUSLY PIER PIJNG AT 14.05
DEMOLISHED 7
STRUCTURE ED 4.0
4.0 TO BE REMOV
2.0 2�0
Lw I \ MLW
M SOLID
C�,
-2.0 FILL L -2.0
EXISTING
-4.0 k\ CONTOURI -4.0
(TYP-
-6.
0 6 0
-8.0 71 11
11 PROP.
11 CONTOUR
11 (TYP.)
SECTION A
TCALE-VERT.r-Kf
HORIZ.r-100'
VERr.EXAGGERATIDN
-10%
2.0 TIMBER 2.0
PILE
MLW MLW
-2.0
-4.0 -4.0
_6.0
-6.0
80
-8.0
too
SECTION B
SCALEIVERT 0-10'
HORli.i-iod
VERT.EXAGGERATION JAMES
lox vi
S C
7
Oise
2.0
2.0
MLw MLw
-2.0 -2.0
-4.0 -4.0
-6.0 �-6.0
8.0--------_ -8.0
-80
SECTION C
SCALE, VERT. 1"-10'.
HORIZ.1*-300
VERT EXAGGERATION
DION YACHT 10%
CROSS—SECTIONS
SHOWING PROPOSED DREDGING DREDGE PERMIINO.,
SALEM9 MASSACHUSETTS Approved by Department of EnvironmientaiVAAMM-TIt
(ESSEX COUNTY) of Massachusetts
PLANS ACCOMPANYING PETITION OF
DION YACHT 'OCT 0 6 19Rq
gx& 00�e���
0
'f SIWY��
-00alVnelztl o
-P&�- Say(�w�-
%Pa&yw�' qey&k&01W
Daniel S. Greenbaum -qo&to,,&, Afay&. C!,9/0S
Commissioner
Gary R. Clayton
Director
May 11, 1989
Frederick J. Atkins Trust
c/o The BSC Group
425 Summer Street
Boston, MA 02210
RE: WATERWAYS LICENSE APPLICATION NO. 88W-054D
Dear Sirs:
The Waterways Regulation Program (WRP) has received your application
requesting authorization to perform certain activities in state waterways
pursuant to G.L. Chapter 91, - Waterways Licensing. The WRP has assigned
your filing with the referenced application number. IT IS IMPERATIVE THAT
YOU REFER TO THIS APPLICATION NUMBER WHENEVER YOU SUBMIT OR REQUEST
INFORMATION FOR THIS FILE.
Attached is the WRP's public notice for this application. You are required
to publish this notice, at your expense, in the local newspaper(s) having
circulation in the area affected by the proposed activity. This notice
must be published for at least one day in the local newspaper(s) and there
is a thirty (30) day public comment period imposed from the date of
publication. You are required to submit proof of publication to the WRP by
sending a copy of the newspaper notice showing the date of publication or a
letter from the newspaper indicating the date the notice was published.
The WRP will concurrently notify the appropriate municipal officials of the
proposed activity for their review and comment. The WRP cannot commence
licensing review and authorization until at least forty-five (45) days
after the municipality has been notified of this application.
Generally, review of the application for license issuance will not commence
until the following applicable information has been submitted to the file:
- Proof of publication of the public notice
- Expiration of the statutory 45 day comment period
- Receipt of a valid Wetlands Order of Conditions
- Receipt of the Municipal Zoning Certification (if applicable)
- Receipt of Municipal Planning Board Notification (if
applicable)
Receipt of a DEQE Water Quality Certification (if applicable) .
Completion of MEPA review process (if applicable)
Complete and accurate license application and plans
100% Recycled Paper
Should you have any questions with regard to the foregoing, please contact
David B. Slagle at (617) 292-5695.
Sincerely,
6 e7le
John Simpson le7
Waterways Prog. Section Chief
JAS/DBS/cde
cc with enclosure:
Frederick J. Atkins Trust
Board of Selectman or City Council
Conservation Commission, Salem
Mass. Historical Commission, Valerie Talmage
Harbor Master , Salem
DEQE, N.E. Regional office
DEQE, Div. of Water Pollution Control
USACOE, Regulatory Functions Branch
CZM (if applicable)
MEPA, EOEA
DEM, Ocean Sanctuaries (if applicable)
Div. of Fisheries & Wildlife
EPA, Doug Thompson
WRP Application File (2)
DEPARTMENT OF ENVIRON14ENTAL QUALITY ENGINEERING
Division of Wetlands and Waterways Regulation
Waterways Regulation Program
PUBLIC NOTICE
WATERWAYS LICENSE APPLICATION NO. _ 88W-054D
Public- notice is hereby given pursuant to G.L,. Chapter 91, s. 18 of the
��- . th(i�'application of Frederick J. Atkins, Trust
for authorization to Maintenance dredge approximately s , 000 cubic
yards of subacrueous material with disposal at the Foul Area
T;exty located at 23 GlendbLle Street
0
in municipality of Salem
Salem Harbor
in and over the waters of
-opgrmel ure Go-
the aRE1, ut
T-h-e--Depa-rtment will consider all written comments submitted within-thirty
d blication-of this noticein order to
,-,- (30) ays subsequent to the date of pu
t�-��'decide :whether to-.grant authorization for.the. proposed activity. pursuant to
this proposal must be submitted to: .
91. -�Written comments on ds and
—.- -.Dep�iitmebnt of Wetlands and Waterways Regulation, Division of. Wetlan
One Winter .Street,
fs. Regulation, �Waterways Regulation Program,
.Wate y'
'--EB6ston,,-.MA 02108. Further information on this application may be obtained
cting the Division at 617-292-5695.
by conta
p DEPARTMENT OF ENVIRONMENTAL QUALITY EN E-RI
i
'IN
DIVISION OF WETLANDS AND WATERWAYS REGULA:iiO
WATERWAYS REGULATION PROGRAM
WATERWAYS LICENSE APPLICATION K"M 2 1
FORM 1 wa j
V.EQL
of Webands&
Uj --;I) �_WdMY3 Rot
WAit.�WA,1�) riLr i1U. Daze recaivea NE7_ use oniy)
NAME OF APPLICANT- Fie'deri'ck' J". * A' t* kins Trust
ADDRESS- - - - - - -2"3 'G"l_e_n'da le i ri e'e-
. . . .. . . . . . . . .COUNTY- '1�s'se-x
MUNICIPALITY S&1em'
STATE i�a's sac�us' e'tts, ZIP 01_9�0'
PROJECT DESCRIPTION— _�fa*i`n_te`n`ahi��_ a��aqing' '(5f y
.c Ub. . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ic varas of material with ooen ocean disiposal.
PROPOSED USE: WATER DEPENDENT . . . NONWATER CEPENDENT
To provide for safe navigation for vessels serviced at-and docked
at the Dion Yacht Yard.
BODY OF WATER SFlem Harbor
[x] TIDAL WATERS RIVER OR STREAM GREAT POND HT7TCR7C TTDEIANDS
PROPERTY, OWNER Same as above.
PROPERTY STREET ADDRESS Dion Yacht Yard - 23 Glendale Street
MUNICIPALITY Salem CCUNTY Essex
APPLICANTI 'S REDREZENTATIiIE The BSC Group Boston, Inc.
ADDRE-25 A ')5 Summer Street
Boston , Massachusetts 02210
CONTACT PERSON Robert Ingram TELEPHONE 330-5300
SIGNATURE OF APPLICANT for Frederick J. Atkins
D.A T 17 , 1988
n, n! , T'11�771.1_( %
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DION YACHT
PROPOSED DREDGING PLAN l9gW-o 5-4 -D
SALEM , MASSACHUSETTS
(ESSEX COUNTY)
0
PLANS ACCOMPANYING PETITION OF
DION YACHT
PREPARED BY THE BSC GROUP- BOSTON,INC.
�7 1 ^r 'Ol ---
PILES 8 RUBBLE TOP OF SHEET
FROM PREVIOUSLY PILING AT 14.05
DEMOLISHED /PIER
STRUCTURE ---
4.0 TO BE REMOVED 4.0
2.0 2.0
MLW MLw
-2.0 FILL) EXISTING -2.0
-4,0 CONTOUR / -4.0
-6.0 (TYP.) 6 0
8.0
ROP.
NTOUR
(TYR)
SECTION A
SCALE:VERT.1"-11
HORIZ.r'-100'
VERT. EXAGGERATION
lox
2.0 TIMBER 2.0
PILE
MLW MLW
-2.0 -2.0
-4.0 -4.0
-6.0 -6.0
-8.0 -8.0
3
SECTION B
SCALE:VERT 1'%10'
OF 44.v
HORk.I"-IOd
VERT EXAGGERATION JAMES
=101
S
7
f13's
2.0 2.0
MLW MLW
-2.0 -2.0
-4.0 -4.0
-6.0 0
-8.0 -----------------
-8.0
3\
SECTION C
SCALE: VERT I"-10'
HOR11"000'
VERT EXAGGERATION
DION YACHT lox
CROSS- SECTIONS 0,54
SHOWING PROPOSED DREDGING
SALEM, MASSACHUSETTS
(ESSEX COUNTY)
PLANS ACCOMPANYING PETITION OF
DION YACHT
PREPARED BY THE BSC GROUP-BOSTON,INC.
SHEET 2 OF 2 FEB. 17, 1988
L.-- Of E Llu
MAY 2 121 lHr-9
PURI
%0N
Conservation Commission
Salem. Alassachusetts 01970
taH
CITY OF SALEM
CONSERVATION COMMISSION
On Thursday, February 23, 1989 at 7:30 p.m. , the Salem Conservation
Commission will hold a public hearing under the Wetlands Protection Act,
Mass. G.L. Chapter 131, Section 40, at the request of the Dion Yacht Yard
located at 23 Glendale Street.
The proposed work involves maintenance dredging of approximately
8,000 cubic yards of material to the originally dredged depth of -8.0'
MLW within Salem Harbor at the Dion boat basin and channel. The hearing
will be held at OneSalem Green, second floor conference room.
Phili D. Moran
Chairman
February 15, 1989
C:1
co
Thia notice posted on "Official Bulletin Board"
t�ity Fall Ave . , Mass . on 11'ej, �el. lbf'
at �%c ;Z -,7>ln in ac-ccxdance with Chap. 61t .
Of the Acte of 195S .