64-588 - 10 WHITE STREET - CONSERVATION COMMISSION �y ✓�/IVB-��IR� Y t0r1^0. ,�/f�
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�j CITY OF SALEM
CONSERVATION COMMISSION
April 10, 2015
Noah Flaherty
BHCM, Inc.
10 White Street
Salem, MA 01970
Re: Order of Conditions—DEP #64-588—Brewer Hawthorne Cove Marina
Dredging
Dear Mr. Flaherty:
Enclosed, please find the Order of Conditions for the above-referenced project.
Following the 10-business-day appeal period, this document must be recorded at the
South 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. a sign shall be displayed showing DEP File#64-588 within public view, and
3. contact me at least 48 hours prior to any activity (other than installation of
erosion and sediment controls) 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,
To Devine
Conservation Agent
Enclosures
CC: DEP Northeast Regional Office
Bourne Consulting Engineering
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-588
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
Please note: Salem
this form has t. From:
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
Noah Flaherty
Important: a. First Name b. Last Name
When filling BHCM Inc
out forms on c.Organization
the 10 White Street
computer,
use only the d.Mailing Address
tab key to Salem MA 01970
move your e. Cityrrown I.State g.Zip Code
cursor-do
not use the 4, Property Owner(if different from applicant):
return key.
IAV a. First Name b.Last Name
c.Organization
renin
d.Mailing Address
e. Cityrrown f.State g.Zip Code
5. Project Location:
10 White Street Salem
a.Street Address b.Cityrrown
41 283
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: d m s d m s
d. Latitude e.Longitude
wpaform5.doc• rev.11/12/2014 Page 1 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-588
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.)
s. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
South Essex 84379
a.County b.Certificate Number(if registered land)
29838 552
c.Book d.Page
3/11/2015 4/9/2015 4/10/2015
7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed c. Date of Issuance
8. 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
t. 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.doc• rev.11/12/2014 Page 2 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-588
WPA Form 5 - Order of Conditions MassDEPFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40ie-DEP-Transaction#
Salem
City/Town
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. linearfeet b.linearfeet c.linearfeet d. linearfeet
s. ❑ Bordering
Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under
Waterbodies and a.square feet -i3- feet c.square feet d.square feet
Waterways
e.Gy dredged f.c/y dredged
7. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage ecubic feet f.cubic feet g.cubic feet h.cubic feet
s. ❑ 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
wpaform5.doc• rev.11/122014
Page 3 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 64-588
WPA Form 5 — Order of Conditions MassDEPFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
City(rown
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
11. ® Land Under the 262,200 262,200
Ocean a.square feet b.square feet
29,900 29,900
c.dy dredged d.Gy dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. E3 Coastal Beaches cu yd cu yd
a.square feet b.square feet c. nourishment d.nourishment
cu yd cu yd
14. ElCoastal Dunes
a.square feet b.square feet c. nourishment d. nourishment
15. ❑ Coastal Banks a. linear feet b. linear feet
16. ❑ Rocky Intertidal
Shores a.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.Gy dredged
19. ❑ Land Containing
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
a.dy dredged b.dy dredged
21. ❑ Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
wpaform5.doc• rev.11 122014 Page 4 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-588
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 W a.square feet of BVb.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
(BVw)or The following conditions are only applicable to Approved projects.
B.1 Tc(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 Y fY
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.
c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than
one year.
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. An Order of Conditions for a Test Project may be extended for one
additional year only upon written application by the applicant, subject to the provisions of 310
CMR 10.05(11)(f).
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 4/10/2018 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.
wpaform5.doe• rev.111122014 Page 5 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 64-688
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
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.
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" [or, WassDEP"]
"File Number 64-588 "
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.
wpaform6.dm• rev.111172014 Page 6 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-588
WPA Form 5 — Order of Conditions MassDEP File#
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
Cityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
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 by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
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.
19. The work associated with this Order(the "Project")
(1) ❑ is subject to the Massachusetts Stormwater Standards
(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 plans are included, signed and stamped by a Registered
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,
wPaform5.doc• rev.11/12/2014 Page 7 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-588
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.)
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.
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.
f) 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.
.oaform&doc• rev.111IM014 Page 8 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-588
WPA Form 5 — Order of Conditions MassDEP File#
1 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):
20. For Test Projects subject to 310 CMR 10.05(l 1), the applicant shall also implement the
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project threatens the
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project as directed by the conservation
commission or the Department.
wpaform5.doc• rev.11/12/2014 Page 9 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 64-588
WPA Form 5 — Order of Conditions MassDEPFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
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 & Conservation Ordinance 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):
Attached conditions are issued under the Wetlands Protection Act and are sufficient for
compliance with the local ordinance
wpaform5.Coc• rev.11/122014 Page 10 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
\ Bureau of Resource Protection - Wetlands c If- sY�
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP11 Transaction#
sa
city/Town
E. Signatures
Important:When This Order is valid for three years, unless otherwise specified as a special `{ /v a0r 1
filling out forms condition pursuant to General Conditions#4,from the date of issuance. 9. �of Issuance
on the computer,
use only the tab Please indicate the number of members who will sign this form.
key to move your This Order must be signed by a majority of the Conservation Comm, ' n. 2.Nuir, of Signers
cursor-do not
use the return The Order must be mailed by certified mail (return receipt r ques a or n livered to
key. the applicant. A copy must be mailed, hand delivered or fil ele ron' Ily a same time
with the appro riate MassDEP Regional Office.
Signatures: � I
❑ by hand delivery on by certified mail, return receipt
requestedon
Date Dat
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 for 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• re¢=7 010 PageLL cf 41
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 64-588
WPA Form 5 - Order of Conditions MassDEP File#
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
Cityrrown
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
• wpaform5.doc• rev.11/122014 Page 12 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
DEP File Number:
Request for Departmental Action Fee
Transmittal Form Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
1. Location of Project
a.Street Address b.City/town,Zip
c.Check number - d. Fee amount
Important:
When filling 2 Person or party making request(if appropriate, name the citizen group's representative):
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor- do City/Town State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
3. Applicant(as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation
(Form 413), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of
Non-Significance (Form 6)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
4. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions— Fee: $120.00(single family house projects)or$245(all other
projects)
❑ Superseding Determination of Applicability— Fee: $120
❑ Superseding Order of Resource Area Delineation—Fee: $120
wpaform5.0oc• rev,t 11122014 Page 13 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
Request for Departmental Action Fee
Transmittal Form Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
Send this form and check or money order, payable to the Commonwealth of Massachusetts, to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a
Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP
Regional Office (see htto://www.mass.gov/eea/agencies/massdeo/about/contacts/).
4. 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.
wpaform5.doc• rev.11/122014 Page 14 of 12
Attachment to Order of Conditions # 64-588
Page 1 of 4
SALEM CONSERVATION COMMISSION
DEP FILE #64-588
Brewer Hawthorne Cove Marina
10 White Street
City of Salem, Massachusetts
ADDITIONAL FINDINGS
Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map (April 2, 2015, 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 the dredging of the Brewer Hawthorne Cove Marina per March 11, 2015 Notice of Intent,
Approved Plans,and these conditions.
PROJECT-SPECIFIC CONDITIONS
1. In order to protect spawning winter flounder and spawning and settling shellfish, dredging shall only be
undertaken between September 30 and February 15
GENERAL CONDITIONS
2. 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.
3. 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.
4. 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.
5. Prior to any work commencing on site,a DEP Sign showing DEP File#64-588 must be installed at the
entrance to the site and seen from the public way, but not placed on a living tree.
6. 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.
7. 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.
Attachment to Order of Conditions # 64-588
1 Page 2 of 4
ft
8. 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.
9. 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
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.
10. 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.).
11. If there are conflicting conditions within this Order,the stricter condition(s) shall rule.
12. 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.
13. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
14. 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.
15. The work shall conform to the following attached plans and special conditions:
Final Approved Plans
Dredge Limit Plan
(Title)
March 2015
(Dated)
Ronald R. Bourne
(Signed and Stamped by)
City of Salem Conservation Commission
(On file with)
Attachment to Order of Conditions # 64-588
g� k Page 3 of 4
a
16. 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.
17. 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.
18. [Reserved].
PRIOR TO CONSTRUCTION
19. Prior to the commencement of any activity on this site other than activities listed above,there
must be a Pre-Construction Meeting on site between the project supervisor, the contractor responsible
for the work, and the Conservation Agent and/or a member of the Conservation Commission to ensure
that the requirements of the Order of Conditions are understood. Any required erosion and sediment
controls may be adjusted,if necessary,during the pre-construction meeting. Please contact the
Conservation Agent at(978) 619-5685 at least forty-eight(48) hours prior to construction to
arrange for the Pre-Construction Meeting.
20. Prior to the pre-construction meeting and commencement of any activity on this site, sedimentation and
erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The
Commission and/or its Agent shall inspect and approve such installation at the pre-construction
meeting.
21. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction
meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre-
construction meeting if absolutely necessary in order to place erosion control stakes where required.
22. There shall be adequate additional erosion and sediment controls stored onsite for emergency purposes.
DURING CONSTRUCTION
23. 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.
24. No alteration or activity shall occur beyond the limit of work as shown on the approved plan(s).
25. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet
from wetland resource areas and 200 feet from river.
26. 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.
27. There shall be no pumping of water from wetland resource areas.
y.7 Attachment to Order of Conditions # 64-588
" k Page 4 of 4
m 4
28. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines, cylinders or any other
components shall be fixed immediately.
29. The applicant is herby 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
30. 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) A letter from a Registered Professional Engineer certifying compliance of the property with this
Order of Conditions.
(3) An "As-Built"plan signed and stamped by a Registered Professional Engineer or Land Surveyor
showing post-construction conditions within all areas under the jurisdiction of the Massachusetts
Wetlands Protection Act. This plan shall include at a minimum:
(a) All wetland resource area boundaries with associated buffer zones and regulatory setback
areas taken from the plan(s)approved in this Order of Conditions;
(b) Locations and elevations of all stormwater management conveyances, structures and best
management designs, including foundation drains, constructed under this Order within any
wetland resource area or buffer zone;
(c) Distances from any structures constructed under this Order to wetland resource areas-
"structures"include,but are not limited to,all buildings,septic system components,wells,
utility lines,fences,retaining walls,and roads/driveways;
(d) A line delineating the limit of work-"work"includes any filling,excavating and/or
disturbance of soils or vegetation approved under this Order;
31. 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.
32. 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.
Commonwealth ofMassachusetts
Division of Marine Fisheries
30 Emerson Ave.
% Gloucester, MA 01930
Paul J.Diodati (617)727-3336
Director fax (617)727-3337 Charles D. Baker
Governor
Karyn E.Polito
Lieutenant Governor
Matthew A.Beaton
Secretary
April 7, 2015 George N.Peterson,Jr.
Commissioner
Mary-Lee King
Salem Conservation Commission Deputy Comrnissioner
Salem City Hall
Attn: Tom Devine tdevine gsalem.com
93 Washington Street -
Salem,MA 01970
Dear Commissioners:
The Division of Marine Fisheries(MarineFisheries)has reviewed the Notice of Intent submitted by Brewer
Hawthorn Cove Marina for the dredging of the marina at 10 White Street in Salem. Dredging will remove
29,900 cubic yards of subtidal material and dispose of it at the Mass Bay disposal site. Associated work
proposed at this site includes removal of existing fixed pier and piles, reconstruction of an existing seawall,
and replacement of existing upland buildings. Below we provide comments and recommendations on the
project's impact to marine fisheries resources and habitats.
Salem Harbor provides essential forage habitat for a variety of fish and invertebrate species including
alewife(Alosa pseudoharengus), blueback herring(Alosa aestivalis),rainbow smelt(Osmerus mordax),
American eel (Anguilla rostrata),white perch(Morone americana),Atlantic tomcod(Microgadus
tomcod),Atlantic cod(Godus morhua)and American lobster(Homarus americanus). It is also habitat for
the forage, spawning,and early development of winter flounder(Pseudopleuronectes americanus).
The area is adjacent to a shellfish suitability polygon,the State's formal shellfish habitat designation.
Since the shellfish suitability polygons have a coarse resolution,delineated areas should be used only as a
guide to the approximate location of shellfish habitat. MarineFisheries shellfish biologists conducted a
survey of an intertidal area adjacent to the project site on June 19, 2008. This survey identified a seed set
of soft shell clams (Mya arenaria), adult razor clams (Ensis directus)and blue mussels(Mytilus edulis)in
the intertidal area adjacent to the project site. The sediment was characterized as fine sand with areas of
clay. The proposed dredge area may contain shellfish habitat,however,this cannot be confirmed without
an in-water survey. The site is in Classification Area N 18.1 and is prohibited from the harvest of shellfish.
We recommend a time of year restriction for in-water,silt-producing work from February 15 to
June 30 to protect spawning winter flounder and eggs.
• We recommend a time of year restriction for in-water, silt-producing work from May 1 to
September 30 to protect adjacent spawning and settling shellfish resources from siltation.
• MarineFisheries generally does not recommend seeding shellfish as a means of restoration within
areas that are currently prohibited to shellfishing. We therefore offer that In Lieu Fee mitigation
may be applicable for the temporary loss of intertidal, subtidal and shellfish habitats, if required by
permitting agencies.
• Proper siltation control is critical. If silt curtains or other barriers appear to be ineffective in the
containment of turbidity, work should cease and additional measures should be taken(i.e.
secondary silt curtain or other appropriate measure).
Thank you for considering our comments. Feel free to contact me with any questions about this review at
978-282-0308 x108 or jillian.carr@state.ma.us.
Sincerely,
Jillian Carr
Fisheries Habitat Specialist and Technical Reviewer
�-r Bourne Consulting Engineering, P.C.
B(� 3 Bent Street
Ronald R.Bourne;P:E. -President: Franklin;.MA 02038
- March 11,2015
City of Salem,
City Hall Annex , ....
93 Washington Street
Salem, MAO 1970
Attn: Tom Devine:
Re: Brewer Hawthorne Cove Marina (BCE 32890)
Subj: Notice of Intent-Marina Dredge Project
Dear Tom:
-Bourne ConsultingEngineering has.been workin with Brewer Hawthorne Cove Marina located at 10'
i
.g . g g :. . - .
White Street; Salem MA; on amarina dredging project-7he proposed project-will require the removal of
29,900 cubic yards of materials across 262,200 square feet in order to restore historicaldredge limits.The
material.is already"approved for a#-sea disposal. '
' This project is being sent to you,for review under the Local. Salem Ordinance, Chapter 50 Wetlands.,
Protection and Conservation, as well as the MA DEP WetlandsTroteetion Act M'.G.L.c. 131„§40:
If you have any questions or need any additional information please do'nothesitate to;contact us;
Very truly yours;. ,
BOURNE CONSULTING ENGINEERING,PC
4onR: Bo RE
• . t
Enclosure
t i _
Tel'(5,08)-533-6666 Fax (508) 533-0600 • e-mail: bce@boumece.com . '
Bourne Consulting Engineering, P.C.
CE
3 Bent Street
Ronald R.Bourne,P.E.-President Franklin, MA 02038
March 26,2015
City of Salem
City Hall Annex
93 Washington Street
Salem,MA 01970
Attn:Tom Devine
Re: Brewer Hawthorne Cove Marina (BCE 32890)
Subj: Notice of Intent-Marina Dredge Project
Dear Tom:
As you are aware Bourne Consulting Engineering has been working with Brewer Hawthorne Cove
Marina located at 10 White Street,Salem MA;on a marina dred project.
This project was submitted to you on March 11, 2015 for review under the Local Salem Ordinance,
Chapter 50 Wetlands Protection and Conservation, as well as the MA DEP Wetlands Protection Act
M.G.L c. 131, §40.
We are requesting that the following language be added to the description of work.
To be able to completely perform dredging operations;floats and mooringpiles will be removed
to the extent required within each phased area All items removed will be stored on site and
reinstalled upon completion ofdredgingfor thatphase..
If you have any questions or need any additional information please do not hesitate to contact us.
Very truly yours;
BOURNECONSULTING ENGINEERING,PC
..
Blake A. Peters
Senior Waterfront Engineer
Tel. (508) 533-6666 • Fax (508) 533-0600 • e-mail:bce@boumece.com
• r
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
on the computer, 1. Location of Project:
use only the tab
key to move your 10 White St Salem
cursor-do not a.Street Address b.City/Town
use the return
key. 8744 State: $712.50
c.Check number d.Fee amount
2. Applicant Mailing Address:
Noah Flaherty for BHCM Inc.
m a.First Name b.Last Name
BHCM Inc.
c.Organization
10 White St
d.Mailing Address
Salem MA 01970
e.City/Town f.State g.Zip Code
978-740-9890 978-740-9994 nflaherty@_byy.com
h.Phone Number i.Fax Number j.Email Address
3. Property Owner(if different):
same as applicant
a.First Name b.Last Name
c.Organization
d.Mailing Address
e.City/Town t.State g.Zip Code
h.Phone Number i.Fax Number j.Email Address
To calculate B. Fees
filing fees,refer
to the category Fee should be calculated using the following process&worksheet. Please see Instructions before
fee list and 9 9
examples in the filling out worksheet.
instructions for
filling out WPA Step Irrype 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 5/Total 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.
noifeendoc•Wetland Fee Transmittal Form•rev.=1 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 4 (h)dredging 1 $1,450 $1,450
Step 5/Total Project Fee: $1,450
Step 6/Fee Payments:
Total Project Fee: $1,450
a.Total Fee from Step 5
$712.50
State share of filing Fee: b.1/2 Total Fee less$12.50
CityfTown share of filling Fee: $737.50
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
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.)
noifeeffdoc-Wetland Fee Tmnsmittal Form•rev.IDM Page 2 of 2
Massachusetts Department of Environmental Protection Provided by MasSDEP:
\ Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 3 - Notice of Intent
t Document Transaction Number
Sal
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 _ l
Sem
City/rown
Important:
When filling 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 10 White St Salem 01970
cursor-do not
use the return a.Street Address b.Citylrown c.Zip Code
key. Latitude and Longitude: 42.521354 70.882564
d.Latitude e.Longitude
VQ 41 283
f.Assessors Map/Plat Number g.Parcel/Lot Number
FX
q 2. Applicant:
Noah Flaherty for BHCM Inc.
a.First Name b.Last Name
Note: BHCM Inc.
Before c.Organization
completing this 10 White St
form consult
your local d.Street Address
Conservation Salem MA 01970
Commission e.City/Town f.State g.Zip Code
regarding any - 978 740-9994 nflaherty@byy.com
bylaw (9787409890) ( ) rty@byy.com
or ordinance. h.Phone Number i.Fax Number I.Email Address
3. Property owner(required if different from applicant): ❑ Check if more than one owner
same as applicant
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):
Ronald Bourne
a.First Name b.Last Name
Bourne Consulting Engineering
c.Company
3 Bent St
d.Street Address
Franklin MA 02038
e.City/Town f.State g.Zip Code
s
(508)533-6666 (508)533-0600 rbourne@baumece.com
h.Phone Number i.Fax Number j.Email address
5. Total WPA Fee Paid (from NCI Wetland Fee Transmittal Form):
$1,450 $712.50 $737.50
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform3.doc•rev.11/24/2014 Page 1 of 9
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands dassDEP File Number
WPA Form 3 - Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
City/rown
A. General Information (continued)
6. General Project Description:
Maintenance dredging to historic limits.
7a. Project Type Checklist: (Limited Project Types see Section A. 7b.)
1. ❑ Single Family Home 2. ❑ Residential Subdivision
3. ® Commercial/Industrial 4. ❑ Dock/Pier
5. ❑ Utilities 6. ❑ Coastal engineering Structure
7. ❑ Agriculture(e.g., cranberries,forestry) 8. ❑ Transportation
9. ® Other
7b. Is any portion of the proposed activity eligible to be treated as a limited project(including Ecological
Restoration 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. (See 310 CMR
10.24 and 10.53 for a complete list and description of limited project types)
2.Limited Project Type
If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project(310
CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited
Project Checklist and Signed Certification.
8. Property recorded at the Registry of Deeds for:
Essex 84379
a.County b.Certificate#(if registered land)
29838 552
c.Book d.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.
wpaform3.doc•rev.11/24/2014 Page 2 of 9
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)
Resource Area Size of Proposed Alteration Proposed Replacement(if any)
a. ❑ Bank 1.linear feet 2.linear feet
For all projects
affecting other b. ❑ Bordering Vegetated
Resource Areas, Wetland 1.square feet 2.square feet
please attach a
narrative c. ❑ Land Under
explaining how Waterbodies and 1.square feet 2.square feet
the resource Waterways
area was 3.cubic yards dredged
delineated.
Resource Area Size of Proposed Alteration Pr000sed Replacement(if any)
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 ft, 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)
wpaform3.doc•rev.11/24/2014 Page 3 of 9
i
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 3 - Notice of Intent
` A, Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
Cityr-own
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd)
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 a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
number
(provided on your 262,200 sf
receipt page) b. ® Land Under the Ocean 1.square feet
with all
supplementary 29,900 cy
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
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 It restoration,rehab.,creation
i. ❑ Land Under Salt
Ponds 1.square feet
2.cubic yards dredged
j. ❑ Land Containing
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
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
wpaform3.doc•rev.1 112 412 01 4 Page 4 of 9
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 Number
Salem
Cityfrown
C. Other Applicable Standards and Requirements
This is a proposal for an Ecological Restoration Lim ited Project. Ski Section C and
❑ P P 9 1 P
complete Appendix A: Ecological Restoration Notice of Intent—Required Actions (310 CMR
10.11).
Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review
9 P
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/dtwele/dfw/nhesp/regulatory review/priority habitat/online viewer.htm.
a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NO[to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
2015 online map
Rabbit Hill Road
b.Date nmap Westborough,MA 01581
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, MESANVetlands Protection Act review, please
complete Section CA.C, and include requested materials with this Notice of Intent(NOI); OR
complete Section C.1.d, if applicable. If MESA supplemental information is not included with the N01,
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).
1c. 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
2. ❑ 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
'Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review(see
http://www.mass.goy/dfwele/dfw/nhesp/nhesp.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.11/24/2014 Page 5 of 9
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 Number.
Salem m. ._ _ ...
Cityfrown
C. Other Applicable Standards and Requirements (cont'd)
(c)❑ MESA filing fee (fee information available at
http://www.mass.gov/dfvvele/dfvv/nhesp/regulatory review/mesa/mesa fee schedule.htm).
Make check payable to"Commonwealth of Massachusetts- NHESP"and mart 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
(t) 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
3.❑ Separate MESA review completed.
Include copy of NHESP"no Take"determination or valid Conservation &Management
Permit with approved plan.
3. 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.
wpaform3.doc•rev.11/24/2014 Page 6 of 9
Massachusetts Department of Environmental Protection Provided by MassDEP:
e 4
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 TransactionNumber
City/rown
C. Other Applicable Standards and Requirements (cont'd)
4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
Online users: a. ❑ Yes N 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 5. 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 N No
information you
submit to the 6. 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 N No
7. 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.N No. Check why the project is exempt:
1.❑ Single-family house
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
❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete
Appendix A: Ecological Restoration Notice of Intent—Minimum Required Documents(310 CMR
10.12).
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. N USGS 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. N Plans identifying the location of proposed activities (including activities proposed to serve as
a Bordering Vegetated Wetland [BVWJ replication area or other mitigating measure) relative
to the boundaries of each affected resource area.
wpaform3.doc•rev.11/24/2014 Page 7 of 9
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
D. Additional Information (cont'd)
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.
Dredge Limit Plan
a.Plan Title
Bourne Consulting Engineering, P.C. Ronald Bourne
b. Prepared By c.Signed and Stamped by
03/02/15 1"=30'
d. Final Revision Date e.Scale
f.Additional Plan or Document Title g. Date
5. ❑ If there is more than one property owner, please attach a list of these property owners not
listed on this form.
6. ❑ 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
9. ❑ Attach Stormwater Report, if needed. _
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:
8746 $737.50
2. Municipal Check Number 3.Check date
8744 $712.50
4.State Check Number 5.Check date
Bourne Consulting Eng P.C.
6. Payor name on check:First Name 7. Payor name on check: Last Name
wpaform3.doc•rev. 11/24/2014 Page 8 of 9
Massachusetts Department of Environmental Protection Pro"iftd by MMDEP:
Bureau of Resource Protection-Wetlands uassoEHe Nmrmcar
WPA Form 3 — Notice of Intent
DocxwdTrar&jcbmMassachusetts Wetlands Protection Act M.G.L. c. 13Salem
1,§40 "�°n6ef
Salem
Gly/rown
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
erquense of the applicant in accordance with the wetlands regulations,310 CMR 10.05(5)(a).
1 further certify under penalties of perjury that all abutters were notified of this application,pursuard to
the requirements of M.G.L c.131,§40.Notice must be made by Certificate of Mailing or in writing by
hard delivery or certified marl(return receipt requested)to all abutters within 100 feet of the property line
of the prrgect cation.
0/S
1. of 2 vate
a o�(< rff a.care
..5.
7
I .MT e
For Conservation Commission:
Two copies of the completed Notice of Intend(Form 3),including supporting plans and documents,
two copies of the NO]Wetland Fee Transmitral Form,and the cityPoovm fee payment,to the
Conservation Commission by certified mail or hand delivery.
For MassDFP:
One copy of the completed Notice of Intent(Forth 3),including supporting plans and documents,one
copy of the NOI Wetland Fee Transmittal Forth,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
wWOM3.410c M.11124rz014
Page 9 of 9
r
►11 n 140 i
DEAN BANK
l l BOURNE CONSULTING ENGINEERING, P.C. FRANKLIN, MA 02038
wq ACCOUNTS PAYABLE
" 3 BENT STREET 53-7203/2113 31.3/2015.
FRANKLIN, MA 02038
j. PAY TO THE City of Salem **737.50 8
ORDER OF
Seven Hundred Thirty-Seven and
11 DOLLARS _
1 City of Salem
93 Washington Street
Salem, MA 01970
tYP� fC gym!
MEMO A ZED SIGNATURE �o°' t
Nance of Intent 32890 �� t
11'008746112 0: 2 1 137 20 3 5 : 200061293311'
Sa�BC►1
Pa
..... .. ...
J,
I ArSAA A :0
ParcellD Location Owner Co-owner Mallinq Address Citv State Zip
.......... ..........
41-0278-0 10 SLANEY STREET CITY OF SALEM THE 93 WASHINGTON STREET SALEM MA 01970
41-0283-0 10 WHITE STREET SHCM INC 10 WHITE ST SALEM MA 01970
41-0284-0 8 WHITE STREET SHCM INC 10 WHITE ST SALEM MA 01970
41-0285-801 6 WHITE STREET Ul MCCAULEY DENISE M 6 WHITE ST Ul SALEM MA 01970
41-0285-802 6 WHITE STREET U2 MALFITANO JAMES M MALFITANO VANESSA M 6 WHITE ST U2 SALEM MA 01970
41-0285-803 6 WHITE STREET U3 BURKE JOHN J JR BURKE JUDITH 17 CENTRAL STREET UNIT 2 SALEM MA 01970
41-0285-804 6 WHITE STREET U4 NARANJO CAROL MARTIN SANDY J 6 WHITE STREET SALEM MA 01970
41-0285-805 6 WHITE STREET U5 SMITH GEORGE L HULTGREN STEPHEN F 6 WHITE ST U5 SALEM MA 01970
41-0294-0 43 TURNER STREET HEADLAND LARRY WALSH TERESA 43TURNER ST SALEM MA 01970
41-0295-0 45 47 TURNER STREET THE WHALE LLC P 0 BOX 1480 NEWBURYPORT MA 01950
41-0296-0 49 TURNER STREET NORTHRUP SANDRA J 49 TURNER STREET SALEM MA 01970
41-0297-802 55 TURNER STREET U2 ZBYSZYNSKI JOHN F ZBYSZYNSKI CHRISTIN HAT 55 TURNER STREET U2 SALEM MA 01970
41-0298-0 57 REAR TURNER STREET SHCMINC 10 WHITE ST SALEM MA 01970
41-0299-0 57 TURNER STREET HOUSE OF SEVEN GABLES SETTLEMENT ASSOCIATION 115 DERBY STREET SALEM MA 01970
41-0334-801 4 BLANEY STREET Ul FURLONG MICHAEL F 4 BLANEY ST UI SALEM MA 01970
41-0334-802 4 BLANEY STREET U2 DORSEY MARIA DORSEY JERRY 4 BLANEY STREET U2 SALEM MA 01970
41-0334-803 4 BLANEY STREET U3 FRANK DAVID L 81 BRIDGE STREET SALEM MA 01970
41-0334-804 4 BLANEY STREET U4 ODONNELL SHANNON 4 BLANEY STREET U4 SALEM MA 01970
41-0334-805 4 BLANEY STREET U5 CORMIER MICHELE T 4 BLANEY STREET U5 SALEM MA 01970
End of Report
BREWER HAWTHORNE COVE MARINA
DREDGING
PROJECT NARRATIVE MARCH 2015
Brewer Hawthorne Cove Marina
Marina Dredging Project
PROJECT NARRATIVE
March 2015
L Proiect Description
Brewer Hawthorne Cove Marina in Salem Harbor Salem, MA is seeking the necessary permits to perform
dredging of specified areas of their longstanding marina facility.
The dredging for the specified areas of the marina will require the removal of 29,900 cubic yards of
dredged material from a sub-tidal area of 262,200 square feet. The material has undergone extensive
testing and has now been approved for at-sea disposal. The marina is located directly south of the Salem
Wharf. The work borders the Salem Harbor DPA, which runs along the shoreline of Hawthorne Cove and
the Salem Wharf. The work is entirely within areas long previously disturbed and in use as a marina,
with prior federal and state dredging approvals.
The project is presumed to be maintenance dredging within the historical limits of the marina which has
evidence of previous dredging. The project has already been submitted for MA MEPA review which is
anticipated to be completed March 27, 2015.
Existing Conditions
A plan is attached showing the marina layout and slip location. Slips are used for the standard purposes
of hosting recreational and semi-commercial (charter)vessels.
Dredgin and nd Spill/Discharge History
In 2008, there was a Suitability Determination for the adjacent Salem Wharf site issued by the USACE
Marine Analysis Group for disposal at the Massachusetts Bay Disposal Site. This Suitability
Determination indicates that dredged sediments are not likely to have a significant adverse impact on the
environment.
In 2014 Bio-Assay Sediment analysis was conducted at the subject site and has been submitted for review
and approval by the USACE for Unconfined Offshore Disposal. The EPA has approved the material for
offshore disposal and the USACE has signed off as well. See Appendix A for Suitability Determination
from the USACE.
There have been no known spills or discharges of contaminated materials since the 2014 Suitability
Determination.
H. Site History
Dredging Permit History
Existing facility has multiple authorized dredging permits, including the following:
DEP Waterway Approvals
H&L 43348 (1909)
DPW #174(1929)
DPW#1729 (193 5)
DPW 41792 (1936)
BOURNE CONSULTING ENGINEERING PAGE 1 OE 3 BCE#32890
'BREWER HAWTHORNE COVE MARINA
DREDGING
PROJECT NARRATIVE MARCH 2015
DPW 42792 (1945)
DPW#2963 (1947)
DEQE#250(1976)
DEQE#1590(1987)
USACE Approvals
MA-SALE-87-145
MA-SALE-79-314
MA-SALE-77-083
The above approvals represent the most current recorded records found for the project site and do not
incorporate previous dredging authorization that may have been given through the history of the site.
III. Proposed Project
As stated, the project will require the removal of 29,900 cubic yards of material across 262,200 square
feet in order to achieve-7ft MLW(plus V overdredge). Within these totals a 20,460sf area will only be
dredged to-5ft MLW(plus V overdredge).
Dredging will only be performed during allowed dredging windows, currently October 15 to February
15. Dredging will also be phased. First phase will occur along Dock C and associated fairways and is
proposed to start and be concluded in the Fall of 2015 & early Winter of 2016. Docks A & B will be
performed in subsequent years,also pursuant to then-applicable Time of Year permitting restrictions.
Dredge Disposal Alternatives:
An alternative analysis for dredging was performed and is presented as follows:
1. Do nothing: The No Dredge Alternative will lead to continued siltation of the marina leading to
further obstructions to navigation in the marina. The siltation of the marina will continue to
restrict vessel sizes that can utilize the marina. Over time this will likely result in mudline
disturbance by vessel grounding and eventually result in the closing of existing marine oriented
businesses operations.
2.Upland Disposal: The logistics and economic feasibility of utilizing upland disposal is not
practical. The material would also result in filling upland landfill space that would otherwise be
utilized by other material in need of landfill space. Also, the site is not conducive for upland
dewatering and the transfer of material into trucks for transporting to an upland disposal site
would have significant impacts from trucking operations.
3. Offshore Disposal: Extensive, expensive study has caused the USACE and the USEPA to
conclude the material is deemed suitable for offshore disposal, which is vastly more cost-
effective.The preferred and only feasible alternative is for offshore disposal.
4. Beneficial Reuse: Due to the material grain size, no realistic beneficial reuse could be
found for the material.
Sediment will be removed via mechanical dredge, loaded onto dump scows and transported to the
Massachusetts Bay Disposal Site for disposal.
BOURNE CONSULTING ENGINEERING PAGE 2 OF 3 BCE#32890
BREWER HAWTHORNE COVE MARINA
DREDGING
PROJECT NARRATIVE MARCH 2015
IV. Project Impacts
There will be no change to sediment composition or to rate of sedimentation, and there will be no effect
on water quality, temperature or salinity in the project area. There will be some temporary impacts on
highly localized water turbidity (given the use of siltation curtains) during the time when the dredging is
occurring but erosion control measures such as siltation curtains and time of year restrictions will be in
place to ensure that potential impacts are minimized.
The proposed dredge work will not result in any change in or impact to existing stormwater systems,
drainage patterns,or impervious area.
The benthic community will be impacted temporarily as the depth of the water is increased, but much of
the impacted life is expected to repopulate the newly dredged areas quickly. The material was found
suitable for disposal offshore and no impact contaminants being released into the water column or
sediments is anticipated
Eel Grass: DEP GIS information of Eel grass beds in the vicinity of the project indicated no Eel
grass within the project limits with the closest area significantly outshore of the marina limits.
This is consistent with visual observations of the area as well as findings at the adjacent Salem
Wharf Project.
Shellfish: DEP GIS information on shellfish beds indicates the possibility of shellfish on the
southern edge of the proposed dredging area, with no confirmed findings. This area has been
computed to be 12,500 sf and is shown on the attached plans. Further investigation will be
performed in this area to verify any presence or type of shellfish. If any are found, and could be
impacted, mitigation will be performed in accordance with DMF policies and procedures.
V. Other Proiects at Hawthorne Cove Marina
Hawthorne Cove Marina is currently in the planning phase on their upland marina facilities and has
obtained some of the local, state and federal approvals required. These projects under consideration
include possible:
• Replacement of main office building and boat repair facility that had been lost due to fire
• Upgrade of the transient boater services building and movement on to a new foundation.
• Reconstruction of existing seawall.
• Removal of existing fixed pier adjacent to Dock C and reconfiguration of this portion of the
marina.
All planning efforts to date are based on maintaining current marina operations and regulatory approvals.
If any of these projects are to be implemented and trigger a MEPA threshold or permitting required
review, a separate notification/filing would be prepared as necessary.
BOURNE CONSULTING ENGINEERING PAGE 3 OF 3 BCE#32890
BREWER HAWTHORNE COVE MARINA
DREDGING
PROJECT NARRATIVE MARCH 201$
Appendix A- Suitability Determination
BOURNE CONSULTING ENGINEERING BCE#32$90
CENAE-R-P-MAS 6 February 2015
MEMORANDUM THRU:
aR00.RNNM13]CliW9
Ruth M. Ladd, Chief, Policy Analysis and Technical Support Branches
m.3ADR.m„4M,3,.,fU.,
Ma ID,S @AG i19p,95L
FOR: Brian Valiton, Project Manager, CENAE-R-A
SUBJECT: Suitability Determination for Brewer Hawthorne Cove Marina,
Salem Harbor, Salem, MA, Application Number NAE-2011-750.
1. References Cited
a. USEPA Region I USACE-NAE. 2007. Reference Memorandum for
Evaluating Testing and Non-Testing Requirements of 40 C.F.R 227.6 and
227.27 Federal Navigation Dredging or Non-Federal Dredging Projects, for Open
Ocean Disposal at the Massachusetts Bay Disposal Site (MBDS).
b. USEPA Region I/USACE-NAE. 2004. Regional Implementation Manual
for the Evaluation of Dredged Material Proposed for Disposal in New England
Waters. Environmental Protection Agency, Region 1, Boston, MA/US Army
Corps of Engineers, New England District, Concord, MA. 54 pp.
C. USACE-NAE. 2015. Environmental Assessment/Finding of No
Significant Impact for the Brewer Hawthorne Cove Manna, US Army Corps of
Engineers (USACE), New England District, Concord, MA.
2. Summary
This memorandum addresses compliance with the regulatory evaluation
and testing requirements of the Marine Protection, Research and Sanctuaries
Act (MPRSA, or Ocean Dumping Act) regulations at 40 CFR 227 as well as the
issues outlined in the Massachusetts Bay Disposal Site (MBDS) Reference
Memo (USEPA Region 1/USACE-NAE 2007) for unconfined open water disposal
at an ocean disposal site. Based upon this review, the proposed dredged
material from the Brewer Hawthorne Cove Marina is suitable for unrestricted
ocean disposal at MBDS. Detailed information pertaining to the regulatory
issues associated with the evaluation of this project as well as the technical
background of the analytical tests summarized herein is found in the MBDS
Reference Memo (EPA 2007). A copy of this memo can be obtained upon
request from the EPA or USACE.
CENAE-R-P
SUBJECT: Suitability Determination for Brewer Hawthorne Cove Marina,
Salem Harbor, Salem, MA, Application Number NAE-2011-750.
3. Project Description
The applicant is proposing to dredge an area of approximately 239,580
sq. ft. to depths of-5' MLW and -7' MLW, plus a l' overdredge, in Salem
Harbor. A volume of approximately 30,000 cu. yds. would be produced. They
propose to mechanically dredge this material and dispose of it at the
Massachusetts Bay Disposal Site (MBDS). This project is adjacent to the
town's Salem Wharf project.
4. Sampling Plan:
A sampling plan was developed on 24 January 2014 for the analysis of
physical, biological and chemical characteristics of the sediment proposed to be
dredged. The plan called for six cores (1 through 6) to be taken from the
project area. The federal agencies concurred with this plan. This
determination evaluates the results of that biological testing.
a. Compositing plan
Following sample collection, the samples were analyzed for physical
characteristics (grain size and water content). After a review of the resulting
data, a compositing plan was developed by MAS. The plan called for two
samples for use in a bioassay with amphipods and mysids; a suspended
particulate bioassay with fish, mysid shrimp, and pelagic larvae; and a
bioaccumulation assay using bivalves and polychaetes. One was a composite
sample composed of core samples 1 and 3-6. The other was an individual
sample from core 2. Hereafter this will be called Composite 2 to match the
designation given to this sample by the analytical laboratory. The federal
agencies concurred with this plan.
b. Preliminary evaluation of the 10-day toxicity test
A 10-day bioassay test was conducted on the two composite samples
using two test animals: an amphipod (Leptocheirus plumulosus), and a mysid
shrimp (Americamysis bahia). As the results indicated no toxic response, the
suspended particulate and the bioaccumulations tests were conducted to
completion.
c. Determining contaminants of concern
The composites were then analyzed for bulk sediment chemistry
according to the contaminants outlined in the sampling plan for this project.
The contaminants of concern were identified as the compounds found to be
elevated in the project core samples relative to the MBDS reference site values.
2
CENAE-R-P
SUBJECT: Suitability Determination for Brewer Hawthorne Cove Marina,
Salem Harbor, Salem, MA, Application Number NAE-2011-750.
The contaminants of concern were arsenic, cadmium, copper, and lead as well
as the PAH phenanthrene.
5. Testing Results
a. 10-day bioassay and elutriate results
Amphipod results: In the amphipod 10-day bioassay test, performed on
Leptocheirus plumulosus, the two composites were analyzed for an acute
response. The mean survivorship for the amphipods exposed to sediment from
the control site was 97% with a mortality of 3%. As the mortality in the control
was less than 20%, this test was valid. The mean survivorship for the
amphipods exposed to sediment from the MBDS reference site was 100% with
no mortality.
The mean survivorship for the amphipods exposed to sediment from both
Composites 1 and 2 was 100% with no mortality. There was no statistically
significant difference between the survivorships of the amphipods exposed to
the reference sediment and the amphipods exposed to the sediments
represented by either composite. Therefore, the materials proposed to be
dredged are not considered acutely toxic to the amphipods used in the testing.
Mysid results: In the mycid 10-day bioassay test, performed on
Americamysis bahia, the two composites were analyzed for an acute response.
The mean survivorship for the mysids exposed to sediment from the control
site was 97% with a mortality of 3%. As the mortality in the control was not
more than 10%, this test was valid. The mean survivorship for the mysids
exposed to sediment from the reference site was 95% with a mortality of 5%.
The mean survivorship for the mysids exposed to sediment from
Composite 1 was 98% with a mortality of 2%. The mean survivorship for the
mysids exposed to sediment from Composite 2 was 96% with a mortality of 4%.
Statistical analysis indicates that there is no significant difference between the
survivorships of the mysids exposed to the reference sediment and the mysids
exposed to either of the Composite sediments. Therefore, based on the results .
of tests on these two species, the materials proposed to be dredged are not
likely to be acutely toxic to benthic organisms.
b. Water Column Toxicity Tests
In the Suspended Phase Acute Toxicity Tests, the mysid shrimp
(Americamysis bahia) showed an LC5o of>I 00% when exposed to elutriate from
both composite samples. The inland silverside minnow (Menidia beryllina)
showed an LC5o of 87% when exposed to elutriate from the Composite 1
3
CENAE-R-P
SUBJECT: Suitability Determination for Brewer Hawthorne Cove Manna,
Salem Harbor, Salem, MA, Application Number NAE-2011-750.
sediment and an LCso of>100% when exposed to elutriates from the Composite
2 sediments. The sea urchin larvae (Arbacia punctulata) showed an LCso of
35% when exposed to elutriate from the Composite 1 sediments and an LCso of
78% when exposed to elutriates from the Composite 2 sediments. Since a
reduced LC5o for both the sea urchin larvae and the inland minnow was
observed, an STFATE water quality evaluation was performed using the
ADDAMS model.
b. STFATE Water Quality Evaluation
The ADDAMS model was run using 1% of the lowest LCso value. The
results show that there is rapid dilution of the water fraction such that the
lowest LCso found, an LCso of 35% in the sea urchin larvae, is diluted to below
the 1/100th value (0.35%) within four hours following sediment disposal. This
rapid dilution supports the conclusion that there should not be unacceptable
adverse effects from the disposal of these sediments at the MBDS. The model
was run using a 3000 cu. yds. disposal volume and, based on prior experience
with the model, disposal volumes larger than this (e.g., 4000 cu. yds.) should
also be acceptable.
c. Bioaccumulation results
A set of 28-day bioaccumulation tests were conducted on the two
composite samples. Two species were used in the tests: the bivalve, Macoma
nasuta, and the polychaete, Nereis virens. Both M. nasuta and N. wens
significantly accumulated contaminants at a level greater than reference.
Macoma nasuta results: In Composite 1, significant bioaccumulation was
observed for chromium, copper, and the PCB congeners 101, 138, 153 and
187. In Composite 2, significant bioaccumulation was observed for chromium,
zinc, phenanthrene, and the PCB congeners 101, 138, 153 and 187.
Nereis virens results: In Composite 1, significant bioaccumulation was
observed for copper, phenanthrene, and the PCB congeners 52, 101, 105, 118,
128, 138, 153, 180 and 187. In Composite 2, significant bioaccumulation was
observed for zinc, and the PCB congeners 52, 101, 105, 1.18, 128, 138, 153,
170, 180, 187 and 206.
d. Risk assessment analysis results
Because of the presence of significant bioaccumulation, the EPA ran a
risk-assessment model of the bioaccumulation results. For these compounds,
the toxicological significance of bioaccumulation from the sediment into
benthic organisms was evaluated.
4
CENAE-R-P
SUBJECT: Suitability Determination for Brewer Hawthorne Cove Marina,
Salem Harbor, Salem, MA, Application Number NAE-2011-750.
The risk assessment includes the evaluation of the carcinogenic risk,
noncarcinogenic risk, and any observed exceedences of FDA levels. All
contaminants are assessed using trophic transfer levels for lobster, fish, and
shellfish. For the carcinogenic risk assessment, all samples for all
contaminants were within the EPA established range of 1 x 10-4 to 1 x 10-6 and
therefore acceptable (see Tables 1 and 2). For the noncarcinogenic risk
assessment, all samples for all contaminants were less than the EPA
established hazard quotient ration of 1, therefore, acceptable. There were no
exceedences with the FDA Action Levels. EPA has determined that the
material is suitable for open water disposal as proposed.
5. If you have any questions or want further details on the procedure of
project evaluation, please contact me at (978) 318-8336 or
charles.n.farris(a)usace.army.mil.
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anUS♦•ar**+mtiinP.f�v+�Mrmmn5
CHARLES N. FARRIS
Project Manager,
Marine Analysis Section
NAE Regulatory
Digtri lysigne by OEOTAAOBER J.1229271241
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Melville P. Cote, Jr., ger Robert J. Desista, Acting Chief
Ocean and Co-q -4 Protection Unit Regulatory Division
EPA Region 1 – New England New England District
U.S. Army Corps of Engineers
Concur Concur
cont r
Date /
5
Table X-a Risk Summary y orals composites
n
Project Site: brewer Hawthorne Cove Marina Salem Itnrbo
Project Number: NAE-2011-00750
Otimaism: Macoma nasuta
Column A Column 13 Column C. Column 1). Column E Column P
CARCINOGENIC RISK NON-CARCINOGENIC RISK
Total Estimated Total Estimated 'total Estimated Total Estimated Iotas Estimated Total Estimated
Sampling Point Lobster Risk Fish Risk Molluscan She]l fish Risk Lobster Risk Fish Risk Molluscan Shelilish Risk
Composite 1 3.89E-05 TME-06 7.87E-06 - 3.17EO1 6.141.-02 6.35F.-02
Reference(MRQS) 2.80E-05 5.43E-06 5.68E-06 8.73E-02 1.69E-02 1.74E-02
Composite 2 4.60E-05 8.91206 9.29F..06 4.76E-01 9.22E-02 9.52E-02
Reference(MRt)S) 2.81E-05 5.44E-06 5.69E-06 8.72E-02 1.69E02 I.74E-02
Page No.: I
Table X-b Risk Summary of all Composites
Project Site: Brewer Hawthorne Cove Marina Salem flarbo
Project Number: NAE-2011-00750
Organism: Nercis wens
Column A Column B Column C Column D Column E Column F
CARCINOGENIC RISK NON-CARCINOGENIC RISK
'I'mal Estimated Total Estimated Total Estimated Total Estimated Total Estimated Total Estimated
Sampling Point Lobster Risk Fish Risk Molluscan Shellfish Risk Lobster Risk fish Risk Molluscan Shellfish Risk
Composite I 1.49F.-05 2.88E:-06 3.50E-06 3.61E-01 6.99E-02 SA7E-02
Reference(MBDS) 8.32E-06 1.61E-06 1.96E-06 2.07E-01 4.01 F.-02 4.86F.-02
Composite 2.47E-05 4.79E-06 5.81E-06 6.05E-01 1.17E-01 1.42E'-01
Reference(MBDS) - 8.32E-06 1.61E-06 1.96E-06 2.07E-01 4.01E-02 4.86E-02
Page No.: I
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BREWER HAWTHORNE COVE MARINA
DREDGING
PROJECT NARRATIVE MARCH 20I S
Appendix B-Project Plans
BOURNE CONSULTING ENGINEERING BCE#32$90
Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Northeast Regional Office•205B Lowell Street, Wilmington MA 01887 .978-6943200
L I
Charles D. Baker
Governor Matthew A.Beaton
-
Secretary
Karyn E. Polito Martin Suuberg
Lieutenant Governor. Commissioner
March 17, 2015
Matthew A. Beaton, Secretary
Executive Office of RE: Salem
Energy&Environmental Affairs Brewer Hawthorne Marina Dredging
100 Cambridge Street 10 White Street
Boston MA, 02114 EEA# 15330
Attn:MEPA Unit
Dear Secretary Beaton:
The Massachusetts Department of Environmental Protection Northeast Regional Office
(MassDEP-NERD)has reviewed the Environmental Notification Form (ENF) submitted by Brewer
Hawthorne Marina Inc. to dredge marine sediments to elevation -7 feet mean low water (plus one
foot of overdredge) from about a 7.83 acre area of the marina in Salem (EEA 415330). The
dredging will be done in phases, which will be initiated after the removal of an existing fixed pier.
According to the proponent, all pilings will be removed, except for several near the seawall, which
will be cut below the mudline prior to removal. The marina also is in various stages of planning for
reconstructing the seawall within the existing footprint, relocating and replacing the main office
building and boat repair facility, and relocated and upgrading the transient boater services building
to new foundation. Additional details for these projects were provided during the MEPA review.
All of these projects have been approved except for the main office building and boat repair facility.
Therefore, MassDEP recommends that the proponent consult MEPA when more details of the
project are available to determine whether additional review would be needed.
The proposed maintenance dredging of marine sediment from a 750 foot by 430 foot area
within the marina totals about 29,900 cubic yards. The area to be mechanically dredged appears to
include an area where dredging was previously proposed for the Salem Pon expansion project(EEA
#14234 and #13558). The proposed dredging plan is to barge and release the sediments at the
Massachusetts Bay Disposal Site. The sediments are reported to have been found suitable for
unconfined offshore disposal by the United States Environmental Protection Agency (USEPA) and
the United States Army Corps of Engineers (USACE). The Department (MassDEP) provides the
following comments.
This information Is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TTY#MassRelay Service 1-800-439-2370
MassDEP Website:w mass.gov/dep
Printed on Recycled Paper
Wetlands
The ENP indicates that the dredging will impact about 262,200 sf of land under the ocean
(LUO). According to MassGIS data layers, there also is an area to be dredged near the fixed pier
and Floating dock C (Dredge Plan, 2/6/15,) that is identified as a shellfish growing area. This area
also would be subject to the wetlands regulations for land containing shellfish, 310 CMR 10.34. The
area to be dredged is significant for the protection of marine fisheries, as well as shellfish. However,
no eelgrass beds are identified on MassGIS within the boundaries of the marina areas to be dredged.
Therefore, if shellfish are found after further evaluation, mitigation such as shellfish replanting
would be necessary, consistent with the wetlands regulations in 310 CMR 10.34 (5),(6), and (7). In
addition, to minimize the potential for impacts to fisheries, the dredging work would be limited,
based on the time-of-year restrictions established by the Massachusetts Division of Marine
Fisheries. According to the ENF, the dredging would occur between October 15 and February 15 of
any calendar year. The work would be phased over several years. Siltation curtains also will be
used to minimize turbidity resulting from dredging operations, as appropriate for maintenance
dredging impacts in LUO, 310 CMR 10.25(4). At the time of the ENF review, a Notice-of Intent
for alteration of wetlands had not been filed.
The City of Salem Conservation Commission issued an Order of Conditions for the
wetlands impacts associated with the seawall repair and the head house reconstruction, (DEP File
464-575), and a separate Order also has been issued for the demolition and removal of the fixed
pier, (DEP File # 64-555). In addition, these activities have been reviewed and approved by the
MassDEP Chapter 91 Waterways program.
401 Water Quality Certification
MassDEP has reviewed the information on the proposed dredging project, and it appears
that any remaining issues can be addressed through the permitting process.
The MassDEP Northeast Regional Office appreciates the opportunity to comment on this
proposed project. Please contact Derek.Stankdish@state.ma.us at (978) 654-6611 for further
information on the dredging issues. If you have any general questions regarding these comments,
please contact Nancy.Bakergstate.ma.us , MEPA Review Coordinator at(978) 694-3338.
ghn .
CJiola
Deputy Regional Director
cc: Brona Simon, Massachusetts Historical Commission
Ben Lynch, Dave Slagle,Ken Chin,Derek Standish, MassDEP-Boston
Heidi Davis, MassDEP-NERD
Kathryn Glenn, Bob Boeri, MUM
City of Salem,Conservation Commission
Tai Evans,DCR-DMF
i
Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
One Winter Street Boston, MA 02108.617-292-5500
Charles D. Baker Matthew A.Beaton
Governor Secretary
Karyn E. Polito - a
Lieutenant Governor �EG L u�> E D Martin s toner
- Commisssioner
Ll
JUL 0 8 G815
DEPT. OF PLANNING 8
Brewer Hawthorne Cove Marina COMMUNITY DEVELOPMENT
c/o Bourne Consulting Engineering, P.C.
3 Bent Street
Franklin, MA 02038
Attn: Ronald R. Bourne, P.E.
RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE iaIUN 112015
Waterways License Application No. W15-4318, License No. 13910
Salem Harbor, Salem, Essex County
Dear Licensee,
The Department of Environmental Protection hereby issues the above-referenced Waterways
license, enclosed, authorizing you to perform certain activities pursuant to M.G.L. c. 91, the Public
Waterfront Act and its regulations 310 CMR 9.00. Any change in use or alteration of anv structure
or fill not authorized by this license shall render this license void.
This License is not final until all administrative appeal periods from this License have elapsed, or if
= such-an-appeal:has-been-,taken,=until all proceeding's before the Department have been completed: - '-
The appeal period is for twenty-one (21) days. No work shall be undertaken until the License has
become final and 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
RECORDING OF THE LICENSE
This License must be recorded at the County Registry of Deeds or, if registered land, with the Land
Registration Office within sixty (60) days from the date of license issuance. In the case of recorded
land, the License shall also be noted in the Registry's Grantor Index under the name of the owner
of the land upon which the project ialgcated. In the case pf the registered land, the License shall
also be noted on the Land Court Certificate of Title of theigwner of the land upon which the project
is located. Failure to record this license within sixty (60) days of the date of issuance will
render this license void pursuant to 310 CMR 9.18.
A Waterways License Recordation Notice Form has been enclosed for your use in notifying the
Department of the recording information for this License. Failure to notify the Department of the
recording of this license is a violation of 310 CMR 9.00 and is subject to enforcement action
by the Department.
J
This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TTY#MassRelay Service 1-800-439-2370
MassDEP Website:w .mass.gov/dep
Printed on Recycled Paper
RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE
Waterways License Application No. W15-4318, License No. 13910
Salem Harbor, Salem, Essex County
APPEAL RIGHTS AND TIME LIMITS .
The following persons shall have the right to an adjudicatory hearing concerning this decision by
the Department to grant or deny a license or permit, in accordance with 310 CMR 9.17(1): (a) an
applicant who has demonstrated prdo.&ty rights in the landsJn question, or which is a public
agency; (b) any person aggrieved by'the decision of the Department to grant a license or permit
who has submitted written comments within the public comment period; (c) ten (10)residents of the
Commonwealth who, pursuant to M.G.L. c. 30A, § 10A, have submitted comments within the public
comment period with at least 5 of the 10 residents residing in the municipality(s) in which the
license or permitted activity is located. The appeal shall clearly and specifically state the facts and
grounds for the appeal and the relief sought, and each appealing resident shall file an affidavit
stating the intent to be part of the group and to be represented by its authorized representative; (d)
the municipal official in the affected municipality who has submitted written comments within the
public comment period; and (e) CZM, for any project identified in 310 CMR 9.13(2) (a) for CZM
participation or, in an Ocean Sanctuary, if it has filed a notice of participation within the public
comment period.
A person requesting an adjudicatory hearing must submit a "Notice of Claim" to the Department,
with a copy of the MassDEP Transmittal Form and including the detail specified below, within
twenty-one (21) days of the date of issuance of this decision. The MassDEP Fee Transmittal Form
is available at the following website: http://www.mass.gov/eea/does/dep/service/adr/adiherfm.doe.
The Notice of Claim must be made in writing and sent by certified mail or hand delivery to:
Case Administrator
MassDEP
One Winter Street, 2ntl Floor
Boston, MA 02108 r ',
,.
A copy of the complete Notice of Claim must be sent at th'e'same time by certified mail or hand
delivery to: (1) the applicant, (2) the municipal official of the city or town where the project is
located, and(3) the issuing office of the MassDEP, which in this case is located at:
MassDEP Waterways Regulation Program
K _:-._One Winter Street-5`n:Flocr-
Boston, MA 02108
The MassDEP Fee Transmittal Form and a valid check payable to the Commonwealth of
Massachusetts in the amount of one hundred dollars ($100) must be mailed to:
Mass. Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 4062
Boston, Massachusetts 02211
CONTENTS OF APPEAL REQUEST
Pursuant to 310 CMR 9.17(3), any Notice of Claim requesting an adjudicatory hearing must include
the following information:
(a) the MassDEP Waterways Application File Number;
(b) the complete name, address, fax number and telephone number of the applicant;
(c) the address of the project,
(d) the complete name, address fax number, and telephone number of the party filing the
request and, if represented by counsel, the name;address, fax number, and phone number
of the attorney;
(e) if claiming to be a person aggrieved, the specific facts that demonstrate that the party
satisfies the definition of"aggrieved person" found in 310 CMR 9.02;
(f) a clear statement that a formal adjudicatory hearing is being requested;
RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE
Waterways License Application No. W15-4318, License No. 13910
Salem Harbor, Salem, Essex County
(g). .. a.clear statement of the facts which are the grounds for the proceedings, the specific
objections to the MassDEP's written decision, and the relief sought through-the adjudicatory -
hearing, including specifically the changes desired in the final written decision; and
(h) a statement that a copy of the request has been sent to: the applicant and the municipal
official of the city or town where the project is located.
DISMISSAL OF REQUEST .
The request for appeal will be dismissed if the'filing fee is not paid, unless the appellant is exempt
or is granted a waiver. The filing fee is not required if the appellant is a city or town (or municipal
agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing
authority. The Department may waive`the adjudicatory hearing filing fee pursuant to 310 CMR
4:06(2) for a person who shows that paying the fee will create an undue financial hardship. A
person seeking a waiver must file an affidavit setting forth the facts believed to support the claim of
undue financial hardship together with the hearing request as provided above.
Please feel free to contact David B. Slagle of the Waterways Regulation Program, (617) 654-6520,
if you have any questions pertaining to the recording of your Waterways license or,Certificate of
Compliance.
Sincerely,
Ben Lynch -
t
Program Chief
Waterways Regulation Program
cc: Salem, Mayor and City Council
Salem, Conservation Commission
Salem,-Planning-Board-
Salem, Harbormaster s
Ecc: DEP/NE Wetlands File# :
EOEEA, MEPA Unit File#
Enclosure(s) Waterways License # 13910
Notification of Waterways License Recordation form
Michael Girvan
Waterways Regulation Program
Department of Environmental Protection
1 Winter Street, 5th Floor
Boston, Massachusetts 02108
RE: NOTIFICATION OF RECORDING THE WATERWAYS LICENSE
Waterways License No. 13910
Salem Harbor, Salem, Essex County
Dear Mr. Girvan:
a.J,
This is to notify you that the above referenced Waterways license was recorded with the
appropriate Registry of Deeds/ Land Court for this project location and to provide your office with
the following recordation information.
Date of Recordation:
County Registry of Deeds/ Land Court:
Book number and page number(s)
We will apply for a Certificate of Compliance with your office when the authorized work or change
in use is completed.
Sincerely,
Chapter 91 Waterways Licensee
License is void if not recorded within sixty (60)days of issuance.
The of Atw6ilw wetb
No. 13910
2WPievew, Brewer Hawthorne Cove Marina
of -- Salem--, in the County of -- Essex -- and Commonwealth aforesaid, has applied to the
Department of Environmental Protection for license to - delineate a marina reconfiguration zone.-
and has submitted plans of the same; and whereas due notice of said application has been given,
as required by law, to the -- Mayor and City Council -- of the City of Salem; ---------
NOW, said Department, having heard all parties desiring to be heard, and having fully considered
said application, hereby, authorizes and licenses the said
-- Brewer Hawthorne Cove Marina --, subject to the provisions of the ninety-first chapter of the
General Laws, and of all laws which are or may be in force applicable thereto, to — delineate a
marina reconfiguration zone
in and over the tidewaters of— Salem Harbor -- at 10 White Street - in the -- City -- of -- Salem--
and in accordance with the locations shown and details indicated on the accompanying DEP
License Plan No. 13910, (2 sheets).
License No. 13910 _ _ Page 2
The structures hereby authorized shall be limited to the following uses: to provide for future
reconfiguration of an existing licensed docking facilities.
SPECIAL CONDITIONS
1. This license is valid for 30 years from.the date of issuance. By written request of the licensee for
an amendment, the Department may grant a renewal for the term of years not to exceed that
authorized in the original license.
2. The marina reconfiguration zone delineated on sheet one of the license plans is hereby
authorized. Any reconfiguration within this area may proceed upon written approval by the
Department, but without further licensing action if:
a. the licensee submits to the Department a written request and plan for reconfiguration
which does not extend beyond the delineation zone and which does not result in an increase in
the area of waterway occupied from that which was originally licensed;
b. the licensee submits to the Department a statement affirming.that the material submitted
to the Department has, at the time of such submittal, also has been sent to the Boston
Conservation Commission and the Harbormaster; and the said Conservation Commission and
Harbormaster has been informed that they have 30 days to register, with the Department, any
objection to the proposed reconfiguration plan; and
c. all other applicable permits have been obtained, including any required approvals under
the Wetlands Protection Act.
3. The existing license, Department of Environmental Quality Engineering License No. 1590, issued
January 27, 1987 authorized the existing configuration of the floating docks and fixed pier; these
authorized structures shall be maintained in accordance with the terms and conditions of said
license and plans.
Please see page 3 for additional conditions to this license. --------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
Duplicate of said plan, number 13910 on file in the office of said Department, and original of said
plan accompanies this License, and is to be referred to as a part hereof.
License No. 13910 Page 3
STANDARD WATERWAYS LICENSE CONDITIONS
1. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform to all terms and conditions stated
herein.
2. This License is granted upon the express condition that any and all other applicable authorizations necessitated due to the
provisions hereof shall be secured by the Licensee prior to the commencement of any activity or use authorized pursuant to this
License.
3. Any change in use or any substantial structural alteration of any structure or fill authorized herein shall require the issuance by the
Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91 of the
Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any
structure or fill authorized herein shall render this Waterways License void.
4. This Waterways License shall be revocable by the Department for noncompliance with the terms and conditions set forth herein.
This license may be revoked after the Department has given written notice of the alleged noncompliance to the Licensee 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 License void and the Commonwealth may proceed to remove or cause removal of any structure or fill authorized herein
at the expense of the Licensee,its successors and assigns as an unauthorized and unlawful structure and/or fill.
5. The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and conditions
stated herein and the details indicated on the accompanying license plans.
6. Nothing in this Waterways License shall be construed as authorizing encroachment.in,on or over property not owned or controlled
by the Licensee, except with the written consent of the owner or owners thereof.
7: This Waterways License is granted subject to all applicable Federal, State, County, and Municipal laws, ordinances 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. -
& This Waterways License is granted upon the express condition that the use of the structures and/or fill authorized hereby shall be
'I
in strict conformance with all applicable requirements and authorizations of the DEP.
9. This License authorizes structure(s)and/or fill on:
X Private Tidelands. In accordance with the public easement that exists by law on private tidelands, the licensee shall allow
the public to use and to pass freely upon the area of the subject property lying between the high and low water marks,for the
purposes of fishing,fowling,navigation,and the natural derivatives thereof.
X Commonwealth Tidelands. The Licensee shall not restrict the public's right to use and to pass freely, for any lawful
purpose, upon lands lying seaward of the low water mark. Said lands are held in trust by the Commonwealth for the
benefit of the public.
_ a Great Pond of the Commonwealth. The Licensee shall not restrict the public's right to use and to pass freely upon
lands lying seaward of the high water mark for any lawful purpose.
_Navigable River or Stream. The Licensee shall not restrict the public's right to use and to pass freely, for any lawful
purpose, in the waterway.
No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this license.
10. Unless otherwise expressly provided by this license,the licensee shall not limit the hours of availability of any areas of the subject
property designated for public passage, nor place any gates, fences, or other structures on such areas in a manner that would
impede or discourage the free flow of pedestrian movement thereon.
License No. 13910 Page 4
The amount of tidewater displaced by the work hereby authorized has been ascertained by said
Department, and compensation thereof has been made by the said — Brewer Hawthorne Cove Marina --
by paying into the treasury of the Commonwealth -- two dollars and zero cents ($2.00)-- for each cubic
yard so displaced, being the amount hereby assessed by said Department. (0.0 cu. yds. = $0.00)
Nothing in this License shall be so construed as to impair the legal rights of any person. This License
shall be void unless the same and the accompanying plan are recorded within 60 days from the date
hereof, in the Southern District of the Registry of Deeds for the County of-- Essex -------
IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands
this 11th day of June in the year two thousand and fifteen
Commissioner Department of
Environmental
Program Chief Protection
THE COMMONWEALTH OF MASSACHUSETTS
This license is approved in consideration of the payment into the treasury of the Commonwealth by the
said — Brewer Hawthorne Cove Marina
— the further sum of-- zero dollars and zero cents ($0.00)
the amount determined by the Governor as a just and equitable charge for rights and privileges hereby
granted in the land of the Commonwealth.
BOSTON,
Approved by the Governor. t
Governor !J
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PLANS ACCOMPANYING . PETITION OF
BREWER HAWTHORNE MARINA FOR MARINA
ZONE OF RECONFIGURATION
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PUBLIC NOTICE
US Army Corps Comment Period Begins: 21 July 2015
of Engineers Comment Period Ends: 21 August 2015
New England District File Number: NAE 2011-750
696 Virginia Road In Reply Refer To: Mr. Brian Valiton
Concord, MA 01742-2751 Phone: (978) 318-8166
E-mail: brian.e.valiton@usace.army.mil
The District Engineer has received a permit application to conduct work in waters of the United States from
the Brewer Hawthorne Cove Marina (BHCM, Inc.) which includes maintenance dredging within the historical
limits of the marina, with disposal of the dredged material in the ocean, and the establishment of a zone of
reconfiguration around the existing permitted docks. This work is proposed in Salem Harbor just immediately
south of the Salem Wharf project owned by the City of Salem and borders the Salem Harbor DPA. The marina
is at 10 White Street, Salem, Massachusetts, and the disposal of the dredged material will be at the
Massachusetts Bay Disposal Site (MBDS). The project site coordinates are: Latitude 42° 31' 18"N, Longitude
70' 52' 54". The MBDS is a 2.0 nmi (3.7 km) diameter circular area centered at 42° 25.106'N, 70° 34.969' W
(NAD 83), is located 12 nmi (22 km) southeast of Gales Point, MA.
As mentioned, the work involves mechanical dredging, with ocean disposal of the material, in an existing
marina basin off of.Salem Harbor and establishing a reconfiguration zone. Establishing a zone of
reconfiguration will allow the marina to rearrange floats and pilings within this zone. Specific work includes
dredging of a sub-tidal area totaling approx. 262,200 square feet(estimated volume of material to be removed is
approx. 30,000 cu. yds.) to a maximum depth of-7' m.l.w. with a I foot over-dredge, and dredging of an inter-
tidal area of approx. 3000 sq. ft. Some of the area will only be dredged to a depth of -5' with a one foot
overdredge.
The work is shown on the attached plans entitled "PURPOSE: DREDGING APPLICATION BY:
HAWTHORNE MARINE IN: SALEM HARBOR AT: HAWTHORNE COVE COUNTY: ESSEX STATE:
MA," on 4 sheets, and with sheets 1 and 4 of 4 dated "2/6/15" and sheet 2 of 4 dated "2/6/15"with a revision
dated "3/18/15"and sheet 3 of 4 dated"3/2/15".
The project has been designed to minimize the landward limits of dredging required so that only minimal (3000
sq. ft) intertidal resource areas above the mean low water line will be impacted by the dredging. No mitigation
will be provided for the loss of the 3000 sq. ft. of intertidal resource area since this area is within the area of
maintenance dredging. No mitigation is being proposed for the slight deepening of the subtidal area to be
dredged since it is only maintenance dredging and since there is no loss of shallow water subtidal habitat, only
its temporary disturbance. The EFH assessment provided by the applicant indicated that the area will re-
colonize quickly. Silt producing activities will only be done at a time of year when work is allowed in these
coastal areas as a result of longstanding time of year restrictions.
AUT14ORITY
Permits are required pursuant to: R E`- ,-
X Section 10 of the Rivers and Harbors Act of 1899
Section 404 of the Clean Water Act JUL 2 2 J
DEPT. CP P. ..
COMMUNITY L.- 7
CENAE-R
FILE NO. NAE-2011-750
X Section 103 of the Marine Protection, Research and Sanctuaries Act.
The decision whether to issue a permit will be based on an evaluation of the probable impact of the proposed
activity on the public interest. That decision will reflect the national concern for both protection and utilization
of important resources. The benefit which may reasonably accrue from the proposal must be balanced against
its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered,
including the cumulative effects thereof, among those are: conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural value, fish and wildlife values, flood hazards, flood plain value, land
use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality,
energy needs, safety, food production and, in general, the needs and welfare of the people.
The Corps of Engineers is soliciting continents from the public; Federal, state, and local agencies and officials;
Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed
activity. Any continents received will be considered by the Corps of Engineers to determine whether to issue,
modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess
impacts on endangered species, historic properties, water quality, general environmental effects, and the other
public interest factors listed above. Comments are used in the preparation of an Environmental Assessment
and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are
also used to determine the need for a public hearing and to determine the overall public interest of the proposed
activity.
Where the activity involves the transportation of dredged material for the propose of disposing it in ocean
waters, as this project does, the evaluation of the impact of the activity in the public interest will also include
application of the guidelines promulgated by the Administrator, U.S Environmental Protection Agency, under
authority of Section 103 of the Marine Protection Research and Sanctuaries Act of 1972, as amended.
Dredged Material Disposal Mitigation Discussion:
The alternatives considered in the dredged material disposal analysis fall into four general categories: beneficial
use, upland disposal, confined disposal, and open-water disposal. The feasibility of disposal alternatives was
analyzed relative to the physical and chemical quality of the dredged material, the volume of material to be
dredged, the availability of suitable disposal and beneficial use sites, and the cost of disposal. When applicable,
the biological quality of the disposal of the material at the disposal site was also used to evaluate the feasibility
of the open-water disposal alternative.
Based on the characteristics of the dredged material, the lack of suitable alternate disposal or beneficial use sites
and costs, the most feasible,practical, cost-effective and environmentally acceptable alternative for the disposal
of dredged materials from the proposed dredging is disposal at the requested disposal site.
The dredged material has undergone physical, chemical, and biological testing and has satisfied the criteria for
ocean disposal of dredged material as specified in Part 227 of the Ocean Dumping Act regulations. It is our
preliminary determination that the material is acceptable for disposal at this disposal site.
Any permit issued for this project will include special conditions requiring scows to come to a complete stop
when disposing of the material at the disposal site. There will also be a time of year restriction included as a
special condition which prohibits dredging during ecologically sensitive times of years.
2
CENAE-R
FILE NO. NAE-2011-750
Massachusetts Bay Disposal Site
The Massachusetts Bay Disposal Site is frequently used for disposal of bottom sediments from various harbors
in the Boston area. Approximately 300,000 cubic yards of suitable sediments (the suitability was determined
with a project-specific evaluation with an established interagency review process) are deposited at this site
annually. The site is monitored through the Corps Disposal Area Monitoring System (DAMOS)program. The
DAMOS studies show that the site is a low energy environment such that sediments deposited at this location
will remain within the site's boundaries. The DAMOS monitoring has also shown that distinct dredged material
mounds have been formed at the site. Levels of metals and organics in the sediments within the disposal site
are generally above background levels, indicative of the industrial nature of the areas dredged that utilize the
site. Sediment deposited at the disposal site has not been found to affect areas outside the disposal site. The
Environmental Protection Agency has designated the Massachusetts Bay Disposal Site usable for disposal of
dredged sediments.
ESSENTIAL FISH HABITAT
The Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries
Act of 1996 (Public Law 104-267), requires all federal agencies to consult with the National Marine Fisheries
Service on all actions, or proposed actions, permitted, funded, or undertaken by the agency, that may adversely
affect Essential Fish Habitat(EFH).
The dredging portion of this project will adversely impact approximately 262, 200 SF of Essential Fish Habitat
(EFH) for American plaice (eggs, larvae,juveniles, adults), Atlantic butterfish(eggs, larvae), Atlantic cod
(eggs, larvae,juveniles, adults), Atlantic halibut (eggs, larvae,juveniles, adults), Atlantic mackerel (eggs,
larvae,juveniles, adults), Atlantic sea herring (larvae,juveniles, adults), bluefish (juveniles, adults), haddock
(eggs, larvae), Ocean pout (juveniles, adults), Pollock (eggs, larvae,juveniles), red hake (larvae,juveniles,
adults), White Hake (eggs, larvae,juveniles, adults), whiting (eggs, larvae,juveniles, adults), winter flounder
(eggs, larvae,juveniles, adults), windowpane flounder(eggs, larvae,juveniles, adults), and yellowtail flounder
(eggs, larvae,juveniles, adults). Habitat at this site can be described as subtidal silt and sand and 3000 sq. ft. of
intertidal silt and sand. Loss of this habitat may adversely affect winter flounder. The District Engineer has
made a preliminary determination that site-specific impacts will not be substantial. An expanded EFH
assessment has been submitted to the National Marine Fisheries Service, who in turn will provide conservation
recommendations to the Corps. The Corps will coordinate with the applicant regarding implementation of these
recommendations. The EFH consultation will be concluded prior to the final decision.
As indicated, the dredged material disposal is proposed for the MBDS. This is an open water ocean disposal
site, which provides Essential Fish Habitat for the same species listed above, with water depths ranging from
269 to 302 feet (82-92 meters)that is utilized now and has been utilized in the past for disposal of dredged
material under approved disposal site conditions. The site is monitored under our Disposal Area Monitoring
System (DAMOS). However, since this is an approved ocean disposal site, the District Engineer has made a
preliminary determination that the site-specific adverse effect will not be substantial. Further consultation with
the National Marine Fisheries Service regarding EFH conservation recommendations is being conducted and
will be concluded prior to the final decision.
NATIONAL HISTORIC PRESERVATION ACT
3
CENAE-R
FILE NO. NAE-2011-750 F
Based on his initial review,the District Engineer has determined that the proposed work may impact properties
listed in, or eligible for listing in, the National Register of Historic Places. Additional review and consultation
to fulfil requirements under Section 106 of the National Historic Preservation Act of 1966 (NHPA), as
amended, will be ongoing as part of the permit review process.
ENDANGERED SPECIES CONSULTATION
The New England District, Army Corps of Engineers has reviewed the list of species protected under the
Endangered Species Act of 1973, as amended, which might occur at the project site or at the dredged material
disposal site. It is our preliminary determination that the proposed activity for which authorization is being
sought is designed, situated or will be operated/used in such a manner that it is not likely to adversely affect any
Federally listed endangered or threatened species or their designated critical habitat. By this Public Notice,we
are requesting that the appropriate Federal Agency concur with our determination.
COASTAL ZONE MANAGEMENT
The States of Connecticut, Maine, Massachusetts,New Hampshire and Rhode Island have approved Coastal
Zone Management Programs. Where applicable,the applicant states that any proposed activity will comply
with and will be conducted in a manner that is consistent with the approved Coastal Zone Management
Program. By this Public Notice, we are requesting the State concurrence or objection to the applicant's
consistency statement.
The following authorizations have been applied for, or have been, or will be obtained:
(X) Permit, License or Assent from State.
(X) Permit from Local Wetland Agency or Conservation Commission.
( ) Water Quality Certification in accordance with Section 401 of the Clean Water Act.
In order to properly evaluate the proposal, we are seeking public comment. Anyone wishing to comment is
encouraged to do so. Comments should be submitted in writing by the above date. If you have any questions,
please contact Mr. Brian Valiton at (978) 318-8166, (800) 343-4789 or (800) 362-4367, if calling from within
Massachusetts.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be
held to consider the application. Requests for a public hearing shall specifically state the reasons for holding a
public hearing. The Corps holds public hearings for the purpose of obtaining public comments when that is the
best means for understanding a wide variety of concerns from a diverse segment of the public.
The initial determinations made herein will be reviewed in light of facts submitted in response to this notice.
All comments will be considered a matter of public record. Copies of letters of objection will be forwarded to
the applicant who will normally be requested to contact objectors directly in an effort to reach an understanding.
THIS NOTICE IS NOT AN AUTHORIZATION TO DO ANY WORK.
4
CENAE-R
FILE NO. NAE-2011-750 1
�r Karen K. Adams
Chief, Per
and En orcement Branch
Regulatory Division
If you would prefer not to continue receiving Public Notices by email,please contact Ms. Tina Chaisson at
(978) 318-8058 or e-mail her at bettina.m.chaisson@usace.army.mil. You may also check here ( ) and return
this portion of the Public Notice to: Bettina Chaisson, Regulatory Division, U.S. Army Corps of Engineers,
696 Virginia Road, Concord, MA 01742-2751.
NAME:
ADDRESS:
PHONE:
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Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
One Winter Street Boston, MA 02108.617-29 5500Ld� 9�rx�d �j
Charles D. Baker
LOVED Matthew A. Beaton
Governor - AL 3020415 Secretary
Karan c Pr„itq,:.,...' . - : ,..,
pF pQpNNtNG$ Martin Suuberg
Lieu .r-ot Gw. ur _ '... .. ... -
. : ,._ - Comn'!issiorter
July 28, 2015
BHCM Inc. TRANSMITTAL#X264703
Attn:Noah Flaherty
10 White Street
Salem, MA 01970
r
RE: DETERMINATION OF ADMINISTRATIVE COMPLETENESS AND SITE VISIT NOTICE
Application for: BRP WW 07
WATER QUALITY CERTIFICATION FOR DREDGING-MAJOR PROJECT
AT: Brewer Hawthorne Cove Marina— 10 White Street, Salem
North Coastal Watershed
Dear Mr. Flaherty:
The Department of Environmental Protection("MassDEP") has completed its Administrative
Review of the permit application listed above and determined that the application is
administratively complete. Accordingly,MassDEP will begin its Technical Review.
In accordance with the requirements of 314 CMR 9.05, MassDEP will conduct a site visit to
review this project. Derek Standish will be on site on Monday, August 10,2015 at 2:00 pm.
Should you have any questions relative to this permit,please contact Derek Standish at(617)
654-6611.
Sincerely,
Derek S. Standish
Wetlands and Waterways Program
cc: Salem Conservation Commission,City Hall,93 Washington Street,Salem,MA 01970
ecc:Ronald Bourne,Bourne Consulting Engineering,PC,3 Bent Street,Franklin,MA 02038
This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617.292-5752.TTY#MassRelay service 1.800-439-2370
MassDEP Website:www.mass.gov/dep
Printed on Recycled Paper
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WETLANDS AND WATERWAYS PROGRAM
y
,-Chapter-91 and 401 Water Quality Certification("401 WQC")Public Notice
Brewer Hawthorne Cove Marina,Salem
JUL Q 2��5 Chapter 91 Application No.15-4468
401 WQC Transmittal No.X264703
DEPT."F PLANNING& _
NgtjfAcatieudDat0PWi*ust 7,2015
Pursuant to M.G.L. c.91 and 33 U.S.C. 1341 and M.G.L. c. 21 §43, notice is given of a Chapter
91 and 401 WQC Combined Application by BHCM Inc. to conduct maintenance dredging at Brewer
Hawthorne Cove Marina, 10 White Street, in the City of Salem, in and over flowed tidelands of
Salem Harbor. The proposed project has been determined to be water-dependent pursuant to 310
CMR 9.12(2)(a). Additional information about this project may be obtained from: Ronald Bourne,
Bourne Consulting Engineering, PC, 3 Bent Street, Franklin, MA 02038; (508) 533-6666.
Written comments on the 401 WQC must be sent within twenty-one (21) days of this notice
to: Derek Standish
Department of Environmental Protection, Wetlands and Waterways Program
One Winter Street, 5th Floor
Boston, MA 02108
Written comments on the Chapter 91 Application must be sent within fifteen (15) days of this
notice to:
David Hill
Department of Environmental Protection, Waterways Program
20 Riverside Drive
Lakeville, MA 02347
Any group of ten citizens or more, with at least five of the ten residents residing in the municipality(s)
in which the license or permitted activity is located, any aggrieved person, or any governmental body
or private organization with a mandate to protect the environment who submits written comments
may appeal MassDEP's Certification and Chapter 91 dredge permit. Failure to submit written
comments before the end of the public comment period may result in the waiver of any right to an
adjudicatory hearing.
Pursuant to 310 CMR 9.13(1)(a), the Applicant is also required to concurrently provide this
notification,along with a copy of the project site plans submitted with the Combined
Application,to the appropriate municipal officials, regulatory agencies and abutters to the
project for their review and comment (see Notification mailing list attached). The applicant
shall send the notice of license or permit application by Certified Mail to the attached list and
abutters and notify MassDEP when completed.
Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
L)
V 1 . 1
Department of Environmental Protection
One Winter Street Boston, MA 02108.617,292-5500
0
Charles D. Baker Matthew A. Beaton.
Governor Z Secretary
Karyn E. Polito _ - �Lr J Martin Suuberg
Lieutenant GovernorCommissioner
DEPT.OF PLANWr1O
COMMUt,MTY DMtpPMEW
September 18, 2015
BHCM Inc. TRANSMITTAL# X264703
Attn:Noah Flaherty Chapter 91 Permit# 13997
10 White Street DEP File # 064-0588
Salem, MA 01970 EEA# 15330
RE: COMBINED CHAPTER 91 PERMIT/401 WATER QUALITY CERTIFICATION
Application for: BRP WW 26
COMBIND PERMIT FOR DREDGING—MAJOR PROJECT
AT: Brewer Hawthorne Cove Marina— 10 White Street, Salem
North Coastal Watershed
Dear Mr. Flaherty:
The Department of Environmental Protection("MassDEP") has reviewed your application for a
Combined Chapter 91 dredge permit and 401 Water Quality Certification("Combined Permit"),
as referenced above. In accordance with the provisions of Section 401 of the Federal Clean
Water Act as amended (33 U.S.C. §1251 et sM.), MGL c.21, §§ 26-53, 314 CMR 9.00, and
MGL c.91, 310 CMR 9.00, MassDEP has determined there is reasonable assurance the project or
activity will be conducted in a manner which will not violate applicable water quality standards
(314 CMR 4.00) and other applicable requirements of state law.
The waters of Salem Harbor are designated in the Massachusetts Surface Water Quality
Standards as Class SB. Such waters are intended"as habitat for fish, other aquatic life and
wildlife, and for primary and secondary contact recreation." Anti-degradation provisions of
these Standards require that"existing uses and the level of water quality necessary to protect the
existing uses shall be maintained and protected." In addition,this area has been designated for
Shellfishing pursuant to 314 CMR 4.00.
The above-referenced project involves the maintenance dredging of approximately 29,990 cubic
yards of sediment in Brewer Hawthorne Cove Marina to restore the functionality of the existing
marina. The material will be removed via mechanical dredge in at least two separate phases and
loaded onto dump scows,which will transport the spoils to the Massachusetts Bay Disposal Site
("MBDS"). In addition,an existing timber pier located on the westerly edge of the property will be
demolished and removed.
This information Is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TTY#MassRelay Service 1-800-439-2370
MassDEP Website:w mass.govldep
Printed on Recycled Paper
2
401 WQC-Transmittal#X264703
Sediment Sampling Data: On January 24, 2014, the Army Corps of Engineers (the"Corps")
developed a sampling plan for physical, biological and chemical testing of the sediment. Based
on those results,the Corps issued a Suitability Determination on February 6,2015 allowing the
sediment to be disposed of at the MBDS.
In general, the results of the gradation analysis reveal that the sediment is primarily silt and clay,
with a range of 42.2 to 93.6 percent passing the No. 200 U.S. Standard Series Testing Sieve (the
"No. 200 Sieve")(i , ri
Dredged Material Dewatering: The dredged material will not be dewatered at the dredge site.
Dredged Material Disposal or Reuse: The dredged material will be disposed of at the MBDS.
Rare Species and Wildlife Habitat: The site is not located within the Priority Habitat of Rare
Species and Estimated Habitats of Rare Wildlife as indicated in the Massachusetts Natural
Heritage Atlas, 13s' Edition.
Time of Year Restrictions for In-Water Work: In accordance with the letter dated August 20,
2015 from the Division of Marine Fisheries ("DMF"),the Time of Year("TOY") restrictions for
any in-water, silt-producing work associated with this project are from February 15 through June
30 and from May 1 through September 30.
Public Notice: The Combined Permit Application public notice was published in the Salem
News on July 31, 2015. No comments were received by MassDEP during the 21-day public
comment period pursuant to 314 CMR 9.05(3)(e) and the 15 day public comment period
pursuant to 310 CMR 9.13(1)(c)5, which ended on August 21, 2015 and August 15, 2015
respectively.
Section 61 Findings: Pursuant to M.G.L. Chapter 30, Sections 61 to 62H inclusive [the
Massachusetts Environmental Policy Act("MEPA")],the project, as referenced in Combined
Permit Application, DEP Transmittal#X264703,was required to file an Environmental
Notification Form("ENF"). Brewer Hawthorne Cove Marina Inc. (the"Proponent")filed the ENF
for the construction of the project under EEA# 15330 and noticed the ENF in the Environmental
Monitor(the"Monitor")on February 25,2015. In the Certificate issued on March 27,2015,the
Secretary of Energy and Environmental Affairs (the"Secretary")determined that"the ENF has
sufficiently defined the nature and general elements of the project'and"identified measures to
avoid,minimize and/or mitigate impacts." In addition,the Secretary found that"the preparation of
an EIR is not warranted"and that"the project may proceed to state permitting." MassDEP has
reviewed the findings in the ENF Certificate and confirms that based on the avoidance,
minimization, and mitigation measures undertaken by the Proponent, in conjunction with the
requirements set forth in this Combined Permit,all outstanding issues have been addressed.. .
satisfactorily.
Therefore, based on information currently in the record, MassDEP grants a Combined
Permit for this project subject to the following conditions to maintain water quality,to
minimize impact on waters and wetlands, and to ensure compliance with appropriate state
3
401 WQC-Transmittal#X264703
law. MassDEP further certifies in accordance with 314 CMR 9.00 that there is reasonable
assurance the project or activity will be.conducted in a manner which will not violate
applicable water quality standards (314 CMR 4.00) and other applicable requirements of
state law. Finally,MassDEP has determined that upon satisfying the conditions and
mitigation requirements of this approval, the project provides a level of water quality
necessary to protect existing uses and accordingly finds that the project to be implemented
satisfies the Surface Water Quality Standards at 314 CMR 4.00.
STANDARD COMBINED PERMIT CONDITIONS
1. Acceptance of this Combined Permit shall constitute an agreement by the applicant to
conform to all terms and conditions stated herein.
2. This Combined 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 applicant
prior to the commencement of any activity hereby authorized.
3. This Combined Permit shall be revocable by MassDEP for noncompliance with the terms
and conditions set forth herein. This Combined Permit may be revoked after MassDEP has
given written notice of the alleged noncompliance to the applicant or his agent and those
persons who have filed a written request with MassDEP for such notice and have afforded
the applicant a reasonable opportunity to correct said noncompliance.
4. This Combined-Permit isissued subject to all applicable federal, state,county, and municipal
laws; ordinances;by-laws;and regulations, including but not limited to, a valid Order of
Conditions issued pursuant to the Wetlands Protection Act, M.G.L. Chapter 131, s.40.
5. This Combined Permit is issued upon the express condition that dredging and transportation
and disposal of dredge material shall be in strict conformance with all applicable
requirements and authorizations of MassDEP.
6. The applicant 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.
7. Dredging under this Combined Permit shall be conducted in a manner not to cause
unnecessary obstruction of the free passage of vessels. When conducting authorized
dredging, care shall be taken not to cause any shoaling. If, however, any shoaling is caused,
the applicant shall, at his expense, remove the shoal areas. The applicant shall pay all costs
of supervision, and if at any time MassDEP deems necessary a survey or surveys of the area
dredged, the applicant shall pay all costs associated with such work. Nothing in this
Combined Permit shall be construed as to impair the legal rights of any persons, or authorize
dredging on land not owned by the applicant without consent of the owner(s) of such
property: s
4
401 WQC-Transmittal#X264703
SPECIAL COMBINED PERMIT CONDITIONS
1. The contractor shall take all steps necessary to assure that the proposed activities will be
conducted in a manner that will avoid violations.of the anti-degradation provisions of the
Massachusetts Surface Water Quality Standards that protect all waters, including wetlands.
2. Prior to the start of work, or for any portion of the work thereafter, MassDEP shall be
notified of any change(s) in the proposed project or plans that may affect waters or wetlands.
MassDEP will determine whether the change(s) requires a revision to this Certification.
3. Dredging in accordance with this Combined Permit may begin following the 21-day appeal
period and once all other permits have been received.
4. All work shall be performed in accordance with the following documents and plans:
• Application for Combined Permit, Transmittal Form# X264703, received March 19,
2015, as revised through August 11, 2015, with attachments.
•
Plan entitled"Locus
Plan, Salem Harbor, Hawthorne Cove, Essex, MA„consisting of
one (1) sheet [sheet 1 of 3], scale 1"=1000', dated February 6, 2015,not signed or
stamped, prepared by Bourne Consulting Engineering, PC.
• Plan entitled"Dredge Plan, Salem Harbor, Hawthorne Cove, Essex, MA" consisting of
one (1) sheet [sheet 2 of 3]; scale 1”=100';dated February 6, 2015, not signed or-
stamped, prepared by Bourne Consulting Engineering, PC.
• Plan entitled"Dredge Sections, Salem Harbor, Hawthorne Cove, Essex, MA" consisting
of one (1) sheet [sheet 3 of 3], scale 1"=80', dated February 6, 2015, not signed or
stamped, prepared by Bourne Consulting Engineering, PC.
• Plan entitled"Marina Installation, Proposed Marina Section, Salem Harbor," consisting
of one (1) sheet [sheet 4 of 4], various scales, dated August 7, 2014, not signed or
stamped,prepared by Bourne Consulting Engineering, PC.
• Order of Conditions issued pursuant to the Massachusetts Wetlands Protection Act
(M.G.L. Chapter 131, § 40) by the Salem Conservation Commission for DEP File
Number 064-0588, dated April 10,2015.
5. MassDEP shall be notified, attention Derek Standish [617-654-6611], one week prior to the
start of in-water work so that MassDEP staff may inspect the work for compliance with the
terms and conditions of this Combined Permit.
6: The term of the Chapter 91 dredge pemut of this Combined Permit is five years pursuant to
310 CMR 9.15(2). The term of the 401 WQC of the Combined Permit remains in effect for
the same duration as the federal permit that requires it or five years from the date of issuance
of this Combined Permit, whichever comes first.
5
401 WQC-Transmittal#X264703
7. The applicant may request an extension of the 401 WQC pursuant to 314 CMR 9.09(3). If
MassDEP grants an extension, the Chapter 91 permit will also be extended for the same term.
8. Future maintenance dredging may be conducted as necessary for the duration of this
Combined Permit;provided that:
a. the initial project and any subsequent dredging has been conducted satisfactorily with
no violations of the terms and conditions of this Combined Permit;
b. information has been submitted to MassDEP regarding chemical characteristics and
final end use/disposal of the dredged material for review and approval. Under no
circumstances may future maintenance dredging commence without obtaining end
use/disposal approval from MassDEP; or an updated Suitability Determination issued
by the Corps for unconfined ocean disposal at the MBDS;
c. coordinates of the maintenance dredge footprint are the same as the authorized dredge
footprint;
d. a due-diligence evaluation is done to determine that no known spills of oil or other
toxic substances have occurred which could have contaminated the sediment in the
dredge area and submit the evaluation to MassDEP;
e. a bathymetric survey has been submitted to MassDEP in compliance with Condition# 15;
f. the volume of future maintenance dredging does not exceed 29,900 cubic yards
annually;
g. MassDEP is notified prior to commencement of maintenance dredging.
9. Dredging shall be conducted using a closed, environmental bucket. ..
10. Best Management Practices ("BMPs") such as a silt curtain shall be deployed surrounding
the dredge area to minimize turbidity. At a minimum,the silt curtain shall be bottom-
weighted to minimize the degree of lifting/flailing and shall be of suitable material/grade
based on the velocity of the current at the site. Intermediate vertical floats shall be placed on
the silt curtain to lift the bottom of the silt curtain at low tide so that the bottom edges of the
curtain remain close to the mudline at low tide but do not rake the sediment in areas subject
to tidal influence.
11. The applicant shall submit a turbidity and dissolved oxygen monitoring plan to MassDEP for
acceptance within eight weeks of the effective date of this Combined Permit or four weeks
prior to the commencement of the dredging operations whichever comes first.
12. Dredge scow overflow is prohibited at the dredge site and within waters of the Commonwealth.
13. Neither the barge nor the dredge scow shall be allowed to ground.
14. Disposal of any volume of dredged material at any location in tidal waters is subject to
approval,by MassDEP and the Massachusetts Office of Coastal Zone Management("CZMI).
15. Within.30 days of the completion of the dredging of each phase, a bathymetric survey of the
Brewer Hawthorne Cove Marina depicting post-dredge conditions shall be conducted. At a
6 .
401 WQC-Transmittal#X264703
minimum,the survey shall include an overlay of the dredge footprint(i.e. top of slope) with
sufficient coordinates in the Massachusetts State Plane (e.g. longitude and latitude)that
clearly delineates the dredge footprint. The survey shall be sent within five working days
after its completion to MassDEP and a copy shall be sent to CZM, attention: Robert Boeri.
16. For the protection of winter flounder, no in-water or silt producing work, including, but not
limited to dredging, shall occur from February 15th to June 30th.
17. For the protection of shellfish, no in-water or silt producing work, including, but not limited
to dredging, shall occur from May I5`to September 30th.
18. In-water and/or silt producing work shall occur from October I"to February 14th.
19. The applicant, or its contractor, shall make every feasible effort to complete the project
within the Combined Permit timeframe. Should the applicant, or their contractor, fail to
complete the project and wish to request an amendment to the Combined Permit for incursion
into the no-dredge period, the written request shall be received by MassDEP by February 1 s`.
The following information shall be included in the request:
a. project location and transmittal number,
b. the date on which dredging started,
c. the number of days and hours per day the dredge operated,
d. expected daily average production rate and the actual daily average production rate,
e. an explanation of why the project failed to remain on schedule,
f. an account of efforts made to get the,project back on schedule,
g. a plan depicting the areas that remain to be dredged,
h. the number of cubic yards that remain to be dredged,
is an accurate estimate of the number of days required to complete the project,
j. an evaluation of the impact of continued dredging on the species of concern,
k. a description of any efforts that will be made to minimize the impacts of the project
on the species of concern, and a realistic assessment.of any societa/fmancial effects
of a denial of permission to continue dredging.
MassDEP will share the information with other resource agencies and a decision to grant or ,
deny the amendment shall be made by February 15th. Requests for amendment received after
February 1"will be considered at MassDEP's discretion.
20.No later than four weeks after issuance of this Combined Permit,the applicant shall submit a
notification procedure outlining the reporting process to MassDEP for incidents relating to
dredging activities that impact surrounding resource areas and habitats including, but not
limited to, observed dead or distressed fish or other aquatic organisms, observed oily sheen
on the surface of the water, a sediment spill, a turbidity plume beyond the deployed BMPs,
and a barge or equipment accident/spill. If at any time during implementation ofthepioject
such an incident occurs,all site related activities impacting the water shall cease until the
source of the problem is identified and adequate mitigating measures are deployed to the
satisfaction of MassDEP.
7
401 WQC-Transmittal#X264703
Failure to comply with this Combined Permit is grounds for enforcement, including civil.and
criminal penalties, under MGL c.21 §42, 314 CMR 9.00, MGL c. 21A §16, 310 CMR 5.00,
MGL c.91, 310 CMR 9.00 or other possible actions/penalties as authorized by the General Laws
of the Commonwealth.
This Combined Permit does not relieve the applicant of the obligation to comply with other
appropriate state or federal statutes or regulations. Any changes made to the project as described
in the previously submitted Notice of Intent, Combined Permit Application, or supplemental
documents will require further notification to IvlassDEP.
NOTICE OF APPEAL RIGHTS
Chanter 91 Anneal Process(310 CMR 9.17)
Pursuant to 310 CMR 9.17(1)(a)and 9.17(2),the applicant may appeal this decision within twenty-one(21)days of the
date of Combined Permit issuance,by submitting a written request,by certified mail,for an adjudicatory hearing. Any
notice of claim for an adjudicatory hearing must include the following information:the DEP Combined Permit
Application Number;the complete name,address and telephone number of the party filing the request;if represented by
counsel,the name,address and telephone number of the attorney;a clear statement that a formal adjudicatory hearing is
being requested;and a clear and concise statement of the specific objections to MassDEP's license decision,and the
relief sought through the adjudicatory hearing,including,specifically,the changes desired in the final Combined Pennit.
The following persons shall have the right to an adjudicatory hearing concerning this decision by MassDEP to grant
or deny a license or Combined Permit,in accordance with 310 CMR 9.17(1):
a. an applicant who has demonstrated property rights in the lands in question;or which is a public agency;
b. any person aggrieved by the decision,of MassDEP,to grant a Combined Permit who has submitted written
comments within the public comment period; .
c. ten(10)residents of the Commonwealth who,pursuant to M.G.L.c. 30A, § 10A,have submitted comments
within the public comment period with at least 5 of the 10 residents residing in the municipality(s)in which
the Combined Permit activity is located.The appeal shall clearly and specifically state the facts and
grounds for the appeal and the relief sought,and each appealing resident shall file an affidavit stating the
intent to be part of the group and to be represented by its authorized representative;
d. the municipal official in the affected municipality who has submitted written comments within the public
comment period;and
e. CZM,for any project identified in 310 CMR 9.13(2)(a)for CZM participation or,in an Ocean Sanctuary,
if it has filed a notice of participation within the public comment period.
A person requesting an adjudicatory hearing must submit a Notice of Claim to MassDEP,with a copy of the
MassDEP Transmittal Form and including the detail specified below,within twenty-one(2 1)days of the date of
issuance of this decision. The MassDEP Fee Transmittal Form is available at the following website:
http://www.niass.eov/eea/docs/dep/service/adrladiherfm.doc. The Notice of Claim must be made in writing and sent
by certified mail or hand delivery to:
Case Administrator
MassDEP
One Winter Street,2nd Floor
Boston,MA 02108
A copy''o£the_complete Notice of Claim must be sent at the same time by certified mail or hand delivery to:(1):the
applicant;(2),the municipal official of the city or town where the project is located,and(3)the issuing office:of the
MassDEP,,Which in this case.is located at:
8
401 WQC-Transmittal#X264703
MassDEP Waterways Program
One Winter Street,5t'Floor
Boston,MA 02108
The MassDFP Fee Transmittal Form and a valid check payable to the Commonwealth of Massachusetts in the
amount of one hundred dollars($100)must be mailed to:
Commonwealth of Massachusetts
Department of Environmental Protection
Commonwealth Master Lockbox
PO Box 4062
Boston,Massachusetts 02211
Pursuant to 310 CMR 9.17(3),any Notice of Claim requesting an adjudicatory hearing must include the following
information:
a. the 401 Combined Permit Transmittal Number and MassDEP Waterways Application File Number;
b. the complete name,address,fax number and telephone number of the applicant;
c. the address of the project;
d. the complete name,address, fax number,and telephone number of the party filing the request and, if
represented by counsel,the name,address,fax number,and phone number of the attorney;
e. if claiming to be a person aggrieved,the specific facts that demonstrate that the party satisfies the definition
of"aggrieved person"found in 310 CMR 9.02;
f. a clear statement that a formal adjudicatory hearing is being requested;
g. a clear statement of the facts which are the grounds for the proceedings,the specific objections to the
MassDEP's written decision, and the relief sought through the adjudicatory hearing,including specifically
the changes desired in the final written decision;and
h. a statement that a copy of the request has been sent to:the applicant and the municipal official of the city or
town where the project is located.
The request for appeal will be dismissed if the filing fee is not paid,unless the appellant is exempt or is granted a
waiver. The filing fee is not required if the appellant is a city or town(or municipal agency),county,or district of
the Commonwealth of Massachusetts,or a municipal housing authority. MassDEP may waive the adjudicatory
hearing filing fee pursuant to 310 CMR 4.06(2)for a person who shows that paying the fee will create an undue
financial hardship. A person seeking a waiver must file an affidavit setting forth the facts believed to support the
claim of undue financial hardship together with the hearing request as provided above.
Please note that MassDEP may revoke this Combined Pertnt for non-compliance with the terms and conditions set
forth. Therefore,it is recommended that you contact MassDEP prior to performing any alterations or use
modifications for review and,if necessary,approval pursuant to MGL Chapter 91.
-------------------------------------------------------------------------------------------------------------------------------
401 WOC Anneal Process(314 CMR 9.10):
Certain persons shall have a right to request an adjudicatory hearing concerning Combined Permits by MassDEP
when an application is required:
a. the applicant or property owner;
b. any person aggrieved by the decision who has submitted written comments during the public comment
period;
c. any ten(10)persons of the Commonwealth pursuant to M.G.L.c.30A where a group member has
submitted written comments during the public comment period;or
d: `any governmental body or private organization with a mandate to protect the environment,which has.
'submitted written comments during the public comment period.
9
401 WQC-Transmittal#X264703
Any person aggrieved,any ten(10)persons of the Commonwealth,or a governmental body or private organization
with a mandate to protect the environment may appeal without having submitted written comments during the public
comment period only when the claim is based on new substantive issues arising from material changes to the scope
or impact of the activity and not apparent at the time of public notice. To request an adjudicatory hearing pursuant
to M:G.L.c.30A,.§ 10,a Notice of Claim must be made in writing,provided that the request is made by certified
mail or hand delivery to MassDEP,with the appropriate filing fee specified within 310 CMR 4.10 along with a DEP
Fee Transmittal Form within twenty-one(2 1)days from the date of issuance of this Certificate.
Case Administrator
Department of Environmental Protection
One Winter Street,2°d Floor
Boston,MA 02108
A copy of the request shall at the same time be sent by certified mail or hand delivery to She issuing office of the
Wetlands and Waterways Program at:
Department of Environmental Protection
One Winter Street, 5d'Floor
Boston,MA 02108
A Notice of Claim for Adjudicatory Hearing shall comply with MassDEP's Rules for Adjudicatory Proceedings,
310 CMR 1.01(6),and shall contain the following information pursuant to 314 CMR 9.10(3):
a. the 401 Combined Permit Transmittal Number and MassDEP Wetlands Protection Act File Number;
b. the complete name of the applicant and address of the project;
c. the complete name,address,and fax and telephone numbers of the party filing the request,and,if
represented by counsel or other representative,the name,fax and telephone numbers,and address of the
attorney;
d. if claiming to be a party aggrieved,the specific facts that demonstrate that,the party satisfies the definition
of"aggrieved person"found at 314 CMR 9.02;
e. a clear and concise statement that an adjudicatory hearing is being requested; -
f. a clear and concise statement of(1)the facts which are grounds for the proceedings,(2)the objections to
this Certificate,including specifically the manner in which it is alleged to be inconsistent with the
MassDEP's Water Quality Regulations,314 CMR 9.00,and(3)the relief sought through the adjudicatory
hearing,including specifically the changes desired in the final written Combined Permit;and
g. a statement that a copy of the request has been sent by certified mail or hand delivery to the applicant,the
owner(if different from the applicant),the conservation commission of the city or town where the activity
will occur,the Department of Environmental Management(when the certificate concerns projects in Areas
of Critical Environmental Concern),the public or private water supplier where the project is located(when
the certificate concerns projects in Outstanding Resource Waters),and any other entity with responsibility
for the resource where the project is located.
The hearing request along with a DEP Fee Transmittal Form and a valid check or money order payable to the
Commonwealth of Massachusetts in the amount of one hundred dollars($100)must be mailed to:
Commonwealth of Massachusetts
Department of Environmental Protection
Commonwealth Master Lockbox
PO,Box 4062
Boston,MA 02211
The request will be dismissed if the filing fee is not paid,unless the appellant is exempt or granted a waiver. The
filing fee is not required if the appellant is a city or town.(or municipal agency),county,or district of the
Commonwealth of Massachusetts,or a municipal housing authority. MwsDEP may waive the adjudicatory hearing
filing fee pursuant to 310 CMR 4.06(2)for a person who shows that paying the fee will create an undue financial
10
401 WQC Transmittal#X264703
hardship. A person seeking a waiver must file an affidavit setting forth the facts believed to support the claim of
undue financial hardship together with the hearing request as provided above.
Should you have any questions relative to this permit, please contact Derek Standish at.(617)
654-6611. _
Sincerely,
Cie don Langle
Director
Wetlands and Waterways Program
cc: Salem Conservation Commission,City Hall,93 Washington Street,Salem,MA 01970
ecc:Ronald R.Bourne,Bourne Consulting Engineering,PC,3 Bent Street,Franklin,MA 02038
Rachel Freed,MassDEP—NERO,205B Lowell Street,Wilmington,MA 01887
Robert Boeri,Office of Coastal Zone Management,251 Causeway Street, Suite 800,Boston,MA 02114
Jillian Carr,Division of Marine Fisheries,30 Emerson Avenue,Gloucester,MA 01930
Salem Harbormaster,51 Winter Island Road,Salem,MA 01970
Kevin R.Kotelly,Department of the Army,New England District,Corps of Engineers,696 Virginia Road,
Concord,MA 01742-2751
L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
1 WPA Emergency Certification Form
Massachusetts Wetlands Protection Act M.G.L. c. 131,§40
A. Emergency Information
Important: Salem Conservation Commission
When filling out Issuance From: Issuing Authority
forms on the 10 White Street- Brewer Hawthorne Cove Marina
computer, use 1. Site Location:
only the tab
key to move 2 Reason for Emergency:
your cursor-
do not use the Unsecured, damaged marina floats present safety hazard
return key.
Q 3. Applicant to perform work: Brewer Hawthorne Cove Marina
4. Public agency to perform work or public agency ordering the work to be performed:
5. Date of Site Visit: Start Date: End Date`:
4/8/2015 O a0lS �
nd
later t an 30 days from start date or 60 days in the
case of an Immediate Response Action approved by
DEP to address an oil/hazardous material release.
6. Work to be allowed':
Relocation of six marina piles to secure finger pier floats t rte/ldw °�V
�C
' May not include work beyond that necessary to abate the emergency.
B. Signatures
Certified to be an Emergency by this Issuing Authority.
Signatures: /1
Chairman(or esi ee) &Z/
Date
A copy of this form must be provided to the appropriate DEP Regional Office.
WPA Emergency Certification Page 1 of 2
Rev.01/31/0
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Emergency Certification Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Emergency Certification or subject to
enforcement action.
2. This Emergency Certification does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights.
3. This Emergency Certification does not relieve the applicant or any other person of the necessity of
complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. Any work conducted beyond that described above, and any work conducted beyond that necessary to
abate the emergency, shall require the filing of a Notice of Intent.
5. 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 Emergency Certification at
reasonable hours to evaluate compliance with this Certification, and may require the submittal of any
data deemed necessary by the Conservation Commission or the Department for that evaluation.
6. This Emergency Certification shall apply to any contractor or any other person performing work
authorized under this Certification.
7. No work may be authorized beyond 30 days from the date of this certification without written approval
of the Department.
D. Special Conditions
E. Appeals
The Department may, on its own motion or at the request of any person, review: an emergency
certification issued by a conservation commission and any work permitted thereunder; a denial by a
conservation commission of a request for emergency certification; or the failure by a conservation
commission to act within 24 hours of a request for emergency certification. Such review shall not
operate to stay the work permitted by the emergency certification unless the Department specifically so
orders. The Department's review shall be conducted within seven days of: issuance by a conservation
commission of the emergency certification; denial by a conservation commission of the emergency
certification; or failure by a conservation commission to act within 24 hours of a request for emergency
certification. If certification was improperly granted, or the work allowed thereunder is excessive or not
required to protect the health and safety of citizens of the Commonwealth, the Department may revoke
the emergency certification, condition the work permitted thereunder, or take such other action as it
deems appropriate.
NPA Emergency Certi(cation Page 2 of 2
Rev.01/31/0
Bourne Consulting Engineering, P.C.'
3 Bent Street
Ronald R.Boume,P.E.-President Franklin, MA 02038 =
Via EMAIL: Tom;Devine:tdevne@Salem.com
March 27;2015
Salein Conservation Commission' _
Tom'Devine,A1CP Senior Planner
City.of Salem Department of Planning&.Community Development
120 Washington St.,3rd Floor Salem,MA 01970
RE: Brewer Hawthorne Cove Marina—Emergency Float Replacement and Pile Relocation
Subj.:, RequestforEmergency Certification Pursuant to 310,CM1210.06 for
Brewer Hawthorne Cove Marina .
Dear Salem Conservation Commission:
Bourme Consulting Engineering(BCE) is,working with Brewer Hawthorne Cove Marina located in Salem,
MA on emergency work limited to replacement of docks damaged by ice flows and relocation of;existing
piles to the ends of the replacement:'docks to assure long term safety. BHCM(Noah Flaherty) has.spoken
several times with the Harbormaster; Capt. McHugh, who has expressed his concern that the current
condition of the floats may pose a safety hazard. Accordingly,'Harbormaster McHugh has requested that
permanent repairs to the float system be performed as soon'as equipment and materials are available to
mitigatespublic safety isues and a potential hazardto.navigation.
The emergency work will involve removal of 6 piles located on,Dock B and reinstallation of those same
piles at the end,of finger piers on Docks B and C (see attach ed`plans)'with stronger finger piers.also being
installed.in,the'same locations as the damaged ones.The work,will result in no,changes to layout of the
finger piers:Details of the work are as shown on the attached plans.
While we have the damaged finger piers temporarily secured, it is not safe for the people or the environment' .
to delay any longer than.necessary'foe procurement of materials and equipment to secure and replace them
properly with pilings,which can,be relied upon in dramatic weather conditions. It would be a.dangerous,
human hazard if they were to break free,as well as a risk to the environment from further resulting debris. "
supporting issuance-of an emergency certification from the Conservation;Commission:
We have'been working.to secure capable contractors,and equipment,and materials since the,damage was,i
sustained`and'only learned few days-ago that piling's would be needed to secure.the replacement docks.
We'anticipafe the contractors and materials in the third'and fourth'week of April.
It is our understanding your Agent has or will`have made a site inspection prior to certification,as required
by;310 CMR 10.06(1). „
Accordingly,we'respectfully ask an;emergency certification pursuant to 310 CMR 10.06 be voted at your
upcoming April 9 meeting;with a copy sent to the Department of-Environmental Protection pursuant to 310
CMR 10.06(4)as well as to us.
F
4 Tel (508) 533-6666`• Fax (508) 533=0600 • e-mail: bce@bournece.com
Bourne Consulting Engineering
If you have any questions or need additional information,,please do not hesitate to contact us.,
Very truly yours,
BOURNE CONSULTING ENGINEERING,PC
Blake A.Peters
Senior Waterfront Engineer
Attachment
Cc: Noah Flaherty BHCM
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NOI Status Sheet
Address: DEP #:
Application Type: /1r'61 Date Submitted: /l/ (S
Contact Name: Rb^ t3wtN Phone: ft d' S--A gc c C
Proposed activity:
plication Complete
Correct Fee Received
abutters List Requested --Received
Legal Ad Sent -Legal Ad Confirmed (_9nline
Mded to Agenda rAgenda to Applicant
Agent Comments to Commission
DEP Comments
Hearing Opened: ( ��Q Continued: Site Visit: -�
utters Notice Confirmed
Permit Sent to Applicant and DEP
--Confirmation of Delivery
Expiration date added to calendar
`-'Added to database
Applicant Recorded OoC with Registry
Preconstruction Meeting:
Certificate of Compliance Sent to Applicant and DEP
Confirmation of Delivery
Applicant Recorded CoC with Registry
Notes:
HACON COMMWdministrative\project status sheet\NO]status sheet 2012-12-27.doc
2
NOTES: � /
\.
1. H:DROGRING A DATA SHOWN HEREON CWASON COLLECTED HE NOVEMBER. 2, 2012 BY BOURNE CONSULi1NG J/
ENGINEFFINC AND CAN ONLY REFLECT CONDI➢ONS A5 THEY EXISTED DURING TiE TIME OF THE 60RVEY. -
TOE OF SLOPE
SALEM(,.✓ \✓^ J �.,)
MWWL3 B>SR \�
' AGAINST BULKHEAD
! 0 /
c
„�.. �J 1 r .A�I :l .�-v, (�
U
DREDGE VOLUMES (CY)
DREDGE(-5 & —7) 19,500
m'ER 10 4o0
TOTAL: 29.900
EXISTING TIMBER
LAND UNIGER FLOATS — Dock A
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REVISIONS