The URL can be used to link to this page

Bismore Park Marina Dredging_NOI Package Notice of Intent Maintenance Dredging of Bismore Park Marina Town of Barnstable Department of Public Works Hyannis, Massachusetts September 20, 2022 Project I.D.: 22B008.10 Solving our clients’ toughest science and engineering challenges. 15 Creek Road Marion, MA 02738 (508) 748-0937 foth.com September 20, 2022 Ms. Darcy Karle, Conservation Administrator Barnstable Conservation Commission 200 Main Street Hyannis, MA 02601 Re: Notice of Intent Application - Bismore Park Marina Maintenance Dredging Project Hyannis Inner Harbor, Barnstable, MA Ms. Karle: On behalf of the Town of Barnstable, Department of Public Works, Foth Infrastructure & Environment, LLC (FOTH) is pleased to provide you with a total of nine (9) full set copies of the enclosed Notice of Intent (NOI) application package for the above referenced project. The proposed project consists of the maintenance dredging within the northern-most area of the existing Bismore Park Marina basin which is owned and operated by the Town. Up to an estimated ±1,020 CY of sediments will be dredged from within previously authorized/dredged areas of the basin. The site was last dredged by the Town as part of a piggyback effort with the U.S. Army Corps of Engineers Hyannis Harbor Federal Navigation Project that was performed in 1998. The proposed project will be performed utilizing mechanical methods, with dewatering in-scow and material re-handling at the contractor’s facility and finally hauled upland for placement. Upland placement options being considered include the Robert Childs or Kurker Facilities both located in South Dennis, MA as well as use as daily cover at a MA Landfill facility. Sediment disposal location will be determined by the MA Department of Environmental Protection (MADEP) as part of the 401 Water Quality Certification (401WQC) review process. We look forward to meeting with you and the Commission to discuss the project. If you have any questions, or require any additional information, please do not hesitate to contact me at (401) 236-0362 or via email at jeramy.packard@foth.com . Sincerely, Foth Infrastructure & Environment, LLC Jeramy Packard, P.E. - Project Manager - Ports & Harbors Division Enclosure cc: MA DEP Southeast Regional Office MA Division of Marine Fisheries Town Engineer, Griffin Beaudoin, P.E. Town Project Manager, Paul Graves Town Harbormaster, Brian Taylor Town Shellfish Biologist, Tom Marcotti Christine M. Player (Foth) Jimmy Hill (Foth) wpaform3.doc • rev. 6/18/2020 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 180 Ocean Street a. Street Address Barnstable-Hyannis b. City/Town 02601 c. Zip Code Latitude and Longitude: 41° 38.973'N d. Latitude 70° 16.769'W e. Longitude 326 f. Assessors Map/Plat Number 068 g. Parcel /Lot Number 2. Applicant: Town of Barnstable a. First Name b. Last Name Department of Public Works c. Organization 382 Falmouth Road d. Street Address Hyannis e. City/Town MA f. State 02601 g. Zip Code 508-790-6400 h. Phone Number 508-790-6406 i. Fax Number paul.graves@town.barnstable.ma.us j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner 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): Jeramy a. First Name Packard b. Last Name Foth Infrastructure and Environment, LLC c. Company 49 Bellevue Avenue d. Street Address Newport e. City/Town RI f. State 02840 g. Zip Code (401) 236-0362 h. Phone Number i. Fax Number Jeramy.Packard@foth.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): MUNICIPAL EXEMPT a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform3.doc • rev. 6/18/2020 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town A. General Information (continued) 6. General Project Description: Maintenance Dredging with upland disposal to restore navigability within the previously dredged Bismore Park Marina Basin. See project narrative. 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: Barnstable a. County b. Certificate # (if registered land) 0464 c. Book 0057 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. x wpaform3.doc • rev. 6/18/2020 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed 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) - specify coastal or inland 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) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 6/18/2020 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town 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 document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean ±11,370 1. square feet ±1,020 2. cubic yards dredged 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 ft 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 l. 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. 6/18/2020 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 Phone: (508) 389-6360 b. Date of map 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, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review* 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 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 & buffer zone) (b) Photographs representative of the site * Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). 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. 6/18/2020 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) 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, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; 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, hand delivery, or electronic delivery of NOI to either: South Shore - Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Hull to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov 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. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). X wpaform3.doc • rev. 6/18/2020 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes 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. 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. 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. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 6/18/2020 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number 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. Bismore Park Marina Basin Maintenance Dredge Plan a. Plan Title Foth Infrastructure and Environment, LLC b. Prepared By Jeramy Packard c. Signed and Stamped by 9/15/2022 d. Final Revision Date 1" = 20' 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: MUNICIPAL EXEMPT 2. Municipal Check Number 3. Check date MUNICIPAL EXEMPT 4. State Check Number 5. Check date MUNICIPAL EXEMPT 6. Payor name on check: First Name 7. Payor name on check: Last Name wpaform3.doc • rev. 6/18/2020 Page 9 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. 1. Signature of Applicant 2. Date 3. Signature of Property Owner (if different) 4. Date 5. Signature of Representative (if any) 6. Date For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the “yes” box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. Paul Graves, P.E., Town of Barnstable DPW 9/15/2022 9/19/2022 noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 180 Ocean Street a. Street Address Hyannis b. City/Town MUNICIPAL EXEMPT c. Check number d. Fee amount 2. Applicant Mailing Address: Town of Barnstable a. First Name b. Last Name Department of Public Works c. Organization 382 Falmouth Road d. Mailing Address Hyannis e. City/Town MA f. State 02601 g. Zip Code 508-790-6400 h. Phone Number 508-790-6405 i. Fax Number paul.graves@town.barnstable.ma.us j. Email Address 3. Property Owner (if different): a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. 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. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 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 of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee MUNICIPAL EXEMPT Step 5/Total Project Fee:MUNICIPAL EXEMPT Step 6/Fee Payments: Total Project Fee: MUNICIPAL EXEMPT a. Total Fee from Step 5 State share of filing Fee: MUNICIPAL EXEMPT b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: MUNICIPAL EXEMPT 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.) Notice of Intent Bismore Park Marina Maintenance Dredging Project ID: 22B008.10 Prepared for Town of Barnstable Department of Public Works 382 Falmouth Road Hyannis, MA 02601 Prepared by Foth Infrastructure & Environment, LLC September 20, 2022 Copyright©, Foth Infrastructure & Environment, LLC 2022 15 Creek Road • Marion, MA 02738 • (508) 748-0937 foth.com REUSE OF DOCUMENTS This document (including any enclosures and attachments) has been prepared for the exclusive use and benefit of the addressee(s) and solely for the purpose for which it is provided. Any use outside of said purpose and/or by anyone other than the addressee(s) is at the unauthorized user’s sole risk. pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx ii Notice of Intent Bismore Park Marina Maintenance Dredging Table of Contents Page 1. General Overview ...................................................................................................................... 1 1.1 Purpose ........................................................................................................................ 1 1.2 Scope of Work .............................................................................................................. 2 2. Site Usage History .................................................................................................................... 3 2.1 Characterization of Dredge Sediments ...................................................................... 3 2.2 Existing Outfalls/Discharges ...................................................................................... 3 2.3 Spill History or Remediation........................................................................................ 3 3. Dredge History .......................................................................................................................... 4 3.1 Dredge Alternatives Analysis ...................................................................................... 4 3.2 Disposal Alternatives Analysis ................................................................................... 5 3.3 Available Bathymetric and Topographic Information ............................................... 6 4. Sampling and Analysis Data .................................................................................................... 6 4.1 Existing Sampling and Analysis Data ......................................................................... 6 4.2 Proposed Sampling and Analysis ............................................................................... 6 5. Dredge Methodology and Protection of Coastal Resources ................................................. 8 5.1 Proposed Work Plan .................................................................................................... 8 5.2 Regulatory Approvals .................................................................................................. 8 5.3 Assessment of Resource Area Impacts .................................................................... 8 5.4 Construction Methodology & Protection of Resource Areas ................................ 10 5.5 Mitigation Measures ................................................................................................. 11 6. Summary ................................................................................................................................. 11 Tables Table 1 Summary of Proposed Town Dredging in Bismore Park Marina, Hyannis, MA. ..... 2 Table 2 Record Permit Summary ............................................................................................. 4 Table 3 MA DEP Upland Disposal Sediment Testing Parameters…………………………………………7 Figures Figure 1 Site Overview. ............................................................................................................... 1 Appendices pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx iii Appendix A – Locus Map Appendix B – Plan entitled “Bismore Park Marina Basin Maintenance Dredge Plan” prepared by Foth Infrastructure & Environment LLC., dated 9/15/2022 Appendix C – FEMA Map Appendix D – Outfall/Discharge Location Map Appendix E – Spill Records & Incident Location Plan Appendix F – Record Permit Documents Appendix G – Agency Correspondence Appendix H – Abutters Map, List, and Notification Appendix I – Chapter 707 Notice of Intent Checklist pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 1 1. General Overview The Town of Barnstable, MA (Town) is proposing to conduct maintenance dredging within Hyannis-Inner Harbor at the Bismore Park Marina. A total of approximately ±1,020 cubic yards (CY) of sediments is proposed to be beneficially reuse/disposed at a suitable upland location. Bismore Park Marina provides public berthing space for the local commercial fleet along with recreational, charter and sightseeing vessels. The Marina also serves as the landing for the Hyannis Harbormaster. Vessel access and safety are presently compromised due to shoaling observed within the northern-most area of Bismore Marina Park Basin (See Dredge Plan, Appendix B). The last dredging event was conducted by the Town in 1998 as a piggyback project to the US Army Corps of Engineers’ Federal Navigation Project which included sediment disposal within the federal confined aquatic disposal (CAD) cell that was constructed in Hyannis Harbor. The proposed maintenance dredging event is required to ensure safe navigation to/from existing slips and for access to the adjacent Town and Federal channels. Figure 1: SITE OVERVIEW 1.1 Purpose The purpose of the proposed Town dredging project is to restore navigational safety, and vessel access within the Bismore Park Marina by eliminating existing shoaling that has been identified GATEWAY PARK MARINA PROJECT SITE: BISMORE PARK MARINA LEWIS BAY HYANNIS INNER HARBOR, TOWN, AND FEDERAL CHANNELS pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 2 within the northern-most portion of the existing berth area. Restored/improved accessibility to this area will benefit the recreational and commercial users of the harbor. 1.2 Scope of Work The proposed project will consist of performing maintenance dredging within the Bismore Park Marina Basin at the locations shown in the dredge plan provided in Appendix B. The proposed project will consist of dredging an approximate total of ±11,370 square feet (SF) (±0.26 acres) and up to an estimated ±1,020 cubic yards (CY) of sediment from the northern-most area of the existing marina basin. Maintenance dredging will be performed to a depth of -5.0’ Mean Lower Low Water (MLLW) with a one (1) foot allowable overdredge (O.D.) within previously authorized limits at Marina. The basin was last dredged in 1998 by the Town to -6.0’ MLW with a 3H:1V step down to -9.0’ MLW, including a one (1) foot allowable overdredge (see Dredge History, Section 3) . For this project, the Town only wishes to dredge the area of concern to -5.0’ MLLW as a short-term, stop gap measure. The Town is concurrently assessing future infrastructure and associated long-term dredging needs at Bismore Park Marina as part of a large-scale waterfront improvement project which is anticipated to be implemented within the next few years. The Bismore Park Marina Basin area to be dredged is approximately 250’ long with a maximum width of 75’ and located immediately adjacent to the 13-foot Federal and 10-foot Town Channels. Table 1 below presents a summary of the proposed dredging to be performed by the Town including estimated areas and quantities. Table 1: Summary of Proposed Town Dredging in Bismore Park Marina, Hyannis, MA. The Bismore Park Marina Dredging Project will be conducted using a mechanical dredge, with sediments dewatered in-scow. Once dewatered, the scow will be towed off-site and sediments will be offloaded at the contractor’s yard and trucked to an approved upland location. Upland reuse/placement site alternatives being considered for dredge sediments include the Robert Child’s Waste Reclamation Facility and the Kurker Site, both of which are located in South Dennis, MA. Consideration will also be given to beneficial reuse of sediments as daily cover at a landfill facility. Sediment suitability for upland placement will be determined through the MADEP 401 WQC review. DREDGE TO -5.0' MLLW (CY) 1.0' ALLOWABLE OVERDREDGE (CY) TOTAL DREDGE TO -6.0' MLLW (CY) TOTAL DREDGE AREA (SF) 522 498 1,020 11,370 2022 PRE-DREDGE VOLUME COMPUTATIONS *INLCUDES 3H:1V SIDE SLOPES BISMORE PARK MARINA BASIN pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 3 2. Site Usage History Hyannis Harbor has historically provided and continues to provide a gateway for both recreational and commercial vessels to/from Nantucket Sound. The proposed maintenance dredging is required to support existing Town-owned and maintained infrastructure and public use/access to navigable waters that benefit the local commercial fishing fleet, sightseeing tours, and recreational users of the harbor. Bismore Park Marina The Bismore Park Marina is adjacent located at 180 Ocean Street in Hyannis, MA. The Marina Basin is located immediately adjacent to the 13-foot Federal Navigation Channel and 10-foot Town Channels. The proposed maintenance dredging will occur between the three (3) pile supported fixed piers shown on the dredge plan in Appendix B. The existing fixed piers provide berthing space for commercial and recreational vessels as well as the Hyannis Harbormaster’s boat. Seventeen (17) berths out of a total of twenty-six (26) are currently affected by shoaling and will benefit from the proposed maintenance dredging. 2.1 Characterization of Dredge Sediments The project site is located within inner Hyannis Harbor which supports a multitude of water- dependent uses including, but not limited to, marinas and ferry terminals along with private piers and docks. Additionally, authorized stormwater discharges also drain into the inner harbor. Accordingly, there is the potential that contaminants may be present in sediments removed by the proposed maintenance dredging. Contaminants have the potential to enter the water body via existing outfalls and discharges and from accidental spills or releases. Below is a summary of the due diligence that has been performed in an effort to help identify the potential contaminant source(s) within the vicinity of the project site. 2.2 Existing Outfalls/Discharges According to GIS information provided by the Town of Barnstable, DPW, there are a total of two (2) outfall that discharges into the vicinity of the proposed work. All nearby outfall locations from the Town’s GIS database are shown in Appendix D. 2.3 Spill History or Remediation To assess the spill history relative to the project site, an online database search of available state and federal records was conducted by Foth through the MA DEP Waste Site & Reportable Release and USCG’s National Response Center (NRC) online databases. This search included identifying reportable spills and/or releases of oil and chemicals at/in the vicinity of Bismore Park Marina, Hyannis Inner Harbor, and Lewis Bay from 1998 (since previous dredging event) to present. The results of this search indicate that there was a total of twenty-three (23) incidents documented by MA DEP within one (1) Mile of proposed dredging activities. The NRC search resulted in forty-one (41) registered releases within Hyannis Harbor, and Hyannis Inner Harbor located adjacent to the project site. A summary of MA DEP & NRC reported incidents as well as a Spill Location Map is provided in Appendix E. pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 4 3. Dredge History Based upon review of record plan and permit information found to be available, a summary of dredging activities including the permit/license number, dredge depth, and disposal location was compiled and is shown in Table 2 below. Copies of permits are included in Appendix F. Table 2: Record Permit Summary Available record plan information indicates that Bismore Park Marina was last authorized/dredged by the Town in 1998. As part of this event, the entire marina basin was dredged to -6.0’ MLW with a 3H:1V transition slope to -9.0’ MLW under MA DEP Permit No. 6342, USACE Permit No. CENAE-R-1994-00594 and Town Order of Conditions SE3-2844. All historic record plans (as available) are presented in Appendix F. Dredging by the Town was performed as a piggyback activity to the maintenance dredging of the existing Hyannis Harbor Federal Navigation Channel that was performed by the USACE. Sediments removed by the Town from the Bismore Park Marina were disposed of in the confined aquatic disposal (CAD) cell that was constructed by the US Army Corps of Engineers (USACE) for the federal project (see Appendix H). Prior to the 1998 dredging event, available records indicate that the marina was previously authorized to be dredged in 1979 as recorded under Order of Conditions issued under File No. SE3-0095. The sediment removed in 1979 was authorized to be disposed of at an upland site. 3.1 Dredge Alternatives Analysis Alternative 1 - “No Dredge” Under the Alternative 1, no dredging would occur within the marina basin, thus promoting the continued deterioration of public access and safe navigation. Continued shoaling will likely result in the Town needing to reduce the number of slips available to commercial and recreational boaters. This, in turn, will decrease local slip revenues as well as reduce public use of and access to the Hyannis Harbor. In addition, continued shoaling will increase the potential for vessel groundings, oil spills and/or release of other hazardous materials into the harbor. Furthermore, bottom sediments would continue to be disrupted by vessels transiting over shoaled areas resulting in resuspension of sediment to the water column. The No-Dredge alternative is not considered a viable option. Alternative 2 – Improvement Dredging Alternative 2 consists of expanding and/or increasing the depth of the existing basin. Expansion of the basin area is not required to support the existing facility. Also, the existing authorized depths within the marina basin adequately support the berthing configuration and commercial, recreational, and transient vessel use. As such, Alternative 2 is not considered a viable option. Permit No. Date Location Dredge Depth Authorized Disposal Notes SE3-0095 5/29/1979 Bismore Park Marina -7' MLW Upland Disposal at Upland Site OOC: SE3-2855 8/28/1995 -6' MLW MADEP: 6342 6/5/1997 -6' & -9' MLW 3H:1V Step Down from -6' MLW to -9' MLW USACE: CENAE-R-1994-00594 6/29/1995 -6' MLW TOWN OF BARNSTABLE: BISMORE PARK MARINA DREDGING RECORD PERMIT SUMMARY Upland/ CAD CellBismore Park Marina pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 5 Alternative 3 – Maintenance Dredging Alternative 3 will adequately restore navigation and public access to/from Hyannis Harbor by dredging to and within previously authorized depths and limits. At this time, the Town only wishes to dredge the area of concern to -5.0’ MLLW as a short-term, stop gap measure. The Town is concurrently assessing future infrastructure and associated long-term dredging needs at Bismore Park Marina as part of a large-scale waterfront improvement project which is anticipated to be implemented within the next few years. Accordingly, the maintenance dredging to the limits/depths proposed is the preferred/selected alternative. 3.2 Disposal Alternatives Analysis Based upon available record documents and the general knowledge of the physical characteristics of sediments found within water bodies such as Hyannis Harbor, the proposed dredging to be conducted by the Town is anticipated to consist of fine-grained sediments. Fine- grained sediments will not be suitable for the purpose of nourishing local beaches through direct placement or in-water disposal at an authorized nearshore location. Furthermore, fine- grained sediments are also not anticipated to be suitable for reuse as structural fill. Therefore, beach nourishment, nearshore disposal or upland reuse as structure fill are not considered to be a viable reuse/disposal alternatives for the proposed project. Consideration has been given to the unconfined offshore disposal of sediments at the Cape Cod Bay Disposal Site (CCBDS). This disposal option is not preferrable for the following reasons:  For sediments to be authorized for offshore disposal, associated costs could be in excess of $80,000 compared to the required testing associated with upland reuse/disposal options which is anticipated to be between $10,000. Given the small quantity of sediments that need to be dredged (~1,000 CY), the cost/CY for testing is $80/CY versus $10/CY.  Unconfined offshore disposal requires the issuance of an USACE/USEPA approved sediment Sampling and Analysis Plan (SAP) before sampling and testing can be conducted. Once testing has been completed, the USACE/USEPA must then review the data and issue a Suitability Determination (SD) allowing offshore disposal. Currently, this process is requiring a total of 12 to 18 months to complete. Accordingly, this timeline is not conducive to the Town being able to address shoaling conditions at the marina before the 2023 season. Delay of dredging beyond the 2023 season will have considerable economic ramifications including a decrease in Town slip revenues as well as well as hardships that will be passed onto to the commercial fleet due to costs associated with having to relocate and loss in catch revenue. Considering the above, the preferred disposal alternative for the proposed project is upland beneficial reuse/disposal. Sediments will be mechanically dredged, dewatered in-scow, towed via tug to the selected contractor’s yard, off-loaded and then trucked to the selected (approved) upland location. The suitability for upland sediment reuse/placement will be determined through the MADEP 401 WQC review process. Upland sites being considered for the proposed project include the Robert Child’s Waste Reclamation Facility and the Kurker Site, both of which are located in South Dennis, MA along with reuse as daily cover at a MA landfill facility. pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 6 3.3 Available Bathymetric and Topographic Information A hydrographic survey of existing harbor bottom conditions was performed by Foth on April 14, 2022 at the project site. Additional lead line measurements were conducted by Foth on May 3, 2022 to fill gaps in the hydrographic data where the survey vessel could not reach due to limited depth or space between piers. This information has been collectively utilized to establish existing bathymetric conditions and estimate dredge limits and quantities for the proposed project. Existing harbor bottom conditions are shown on Dredge Plan provided in Appendix B. 4. Sampling and Analysis Data 4.1 Existing Sampling and Analysis Data No specific record documentation pertaining to prior sediment sampling and analysis was found to be available through requests made to the MADEP 401 Water Quality Program and the USACE Regulatory Division (see Appendix H). However, the record permits listed in Table 2 confirm that sediments from the Bismore Park Marina were previously authorized for both upland and CAD cell disposal. 4.2 Proposed Sampling and Analysis A Sampling and Analysis Plan (SAP) was recently approved for the proposed project by MADEP on September 12, 2022 and as required to evaluate dredge sediments for upland reuse/placement. Sediment sampling and testing is scheduled to commence on September 20, 2022. Laboratory results are anticipated to be available within 2 to 3 weeks, at which time, this information will be submitted to MADEP as part of the 401WQC application for review. The sediment sampling and laboratory analyses that will be conducted under the approved MADEP SAP are summarized below. Sediment Collection A total of two (2) Individual core samples within the project dredge area at the locations shown on the Dredge Plan provided in Appendix B. All cores will be advanced to the proposed 1-foot overdredge depth of -6.0’ MLLW. Sampling will be conducted using a vibrocore system mounted on a work barge. Sample locations (latitude and longitude) will be field located using Differential Global Positioning System (DGPS). An experienced Foth Engineer who has been trained in dredge sediment collection will be on-site to oversee sampling operations and ensure that all samples are collected at the required locations, to the required depths and recovery is equal to a minimum of 75% of the penetration depth after each core has been allow to settle for a minimum of 15 minutes in an upright position. The Foth field engineer will visually inspect each core sample for stratification, and if present, create sub-samples of each layer. All core samples will be visually inspected and characterized in accordance with ASTM standards, measured, photographed, logged and stored in the appropriate container(s) as required for laboratory testing. Sample collection and transfer of samples to the laboratory for analytical testing will be conducted in accordance with MADEP testing and chain of custody protocols. Laboratory Analyses Dredge sediment analyses will be conducted by qualified laboratory and quality assurance/quality control (QA/QC) will be adhered to throughout the testing program. Dredge sediment samples pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 7 will be analyzed for grain size distribution and bulk chemistries in accordance with the required parameters, analytical methods, and detection limits as per state 401WQC regulations cited under 314 CMR 9.00 and Policy #COMM-97 for the reuse and disposal of dredge sediments at MA landfill facilities. Table 3 .provides a summary of parameters that sediments will be analyzed for evaluating suitability for upland reuse/placement. Since the project site is a marina, and located in a saltwater environment, sediments will be evaluated for Volatile Organic Compounds (VOCs) and conductivity, respectively, as part of the analysis. Table 3: MA DEP Upland Disposal Sediment Testing Parameters As Per 314 CMR 9.07 (2) and Policy #COMM-97-001 MA DEP Upland Disposal Parameters Grain Size Water Content/Total Solids Total Organic Carbon Metals – Arsenic, Cadmium, Chromium, Copper, Lead, Mercury, Nickel, Zinc, PAHs/SVOCs PCB Congeners TPH VOCs Reactive Sulfides Conductivity EPH TCLP (if required) All individual core samples (and sub-samples should stratification be observed) collected in the field will first be analyzed for grain size distribution, with results being forwarded to MADEP to determine if chemical analyses can be performed on composite sample(s). VOC analyses will be performed on sediment collected from each individual core location. pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 8 5. Dredge Methodology and Protection of Coastal Resources 5.1 Proposed Work Plan The Town’s objective for the proposed project is to secure all regulatory approvals required for construction to take place in Spring 2023. The existing shoaling within the marina basin warrants immediate action by the Town to ensure safe, navigable conditions. Based upon the alternatives analysis conducted, the most economically viable and least impactful dredging operation consists of using mechanical methods with upland disposal. All proposed dredging will be performed using a water-based operation and is anticipated to be completed within approximately 2 weeks. Sediments will be dredged from a barge-mounted crane or excavator mounted and then placed into a scow (or contained deck barge) for dewatering. Dewatered sediments within the scow will be towed via tug to the selected contractor’s facility for off- loading and then trucked to the selected/approved upland reuse/placement location. 5.2 Regulatory Approvals The proposed maintenance dredging will be performed within previously established/authorized vertical and horizontal limits and does not exceed MEPA review thresholds in accordance with 301 CMR 11.03. Therefore, the project can proceed directly into permitting. The following local, state and federal permits/approvals are anticipated to be required for the proposed maintenance dredging project: · Order of Conditions from Barnstable Conservation Commission · MA DEP Combined 401 Water Quality Certification-Chapter 91 · Waterways Dredge Permit · U.S. Army Corps of Engineers (USACE) Permit (Pre-Construction Notification) 5.3 Assessment of Resource Area Impacts COASTAL RESOURCE AREAS The proposed project is a water-dependent project that has been designed, and will be performed, using the best available measures to minimize adverse impacts to coastal resource areas. The following coastal wetland resource areas have been identified within the vicinity of the project area as defined under the Massachusetts Wetland Protection Act (MA WPA) and per M.G.L. c. 131 sec 40 and Regulations 310 CMR 10.00: Land Under the Ocean. Coastal resource areas are identified on the plans provided in Appendix B. Based upon review of the August 2021 15th Ed. Heritage Atlas Natural Endangered Species Program (NHESP) maps, the project site is not located in areas identified to contain estimated habitats of rare wildlife or priority habitats of rare species. Pursuant to 310 CMR 10.00, the above listed coastal resource area is to be regulated in order to contribute to the following public interests: · Flood Control · Storm damage prevention; and/or · Protection of marine fisheries and wildlife habitat. pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 9 The paragraphs presented below provide the following information: · Identification and definition of the coastal wetland resource area to be permanently or temporarily impacted by proposed dredging activities; · An assessment of the magnitude of anticipated dredging impacts on each coastal wetland resource area; and · Discussion on how proposed dredging meets the performance standards for each coastal wetland resource area impacted.  Land Under the Ocean (310 CMR10.25) Land Under the Ocean (LUO) is defined as “land extending from the mean low water line seaward to the boundary of the municipality’s jurisdiction and includes land under estuaries”. LUO, particularly the nearshore area, is presumed significant to the protection of marine fisheries, protection of wildlife habitat, storm damage prevention and flood control (310 CMR 10.25). All proposed dredging to be performed for the project is located within LUO; therefore, the resulting impacts to LUO are the same as those presented in Table 1. As described below, the proposed project will not affect the ability of LUO to perform the following functions in accordance with 310 CMR 10.25 (2): Water Circulation: Water circulation is created by the tidal exchange that occurs within Hyannis Inner Harbor. There are no proposed changes to the existing infrastructure located within and adjacent to the marina basin. Distribution of Sediment Grain Size: Dredging will not significantly alter the sediment quality in the project area. The sediments that will be removed by the proposed dredging have accumulated over time primarily from run-off into the harbor and/or from shifting/redistribution of sediments due to the heavy, continuous vessel traffic that occurs within the inner harbor. Water Quality: Given the limited construction duration anticipated for the project, turbidity and the re-suspension of solids are anticipated to be minimal and temporary. Dredging will help reduce turbidity over the long term by minimizing the potential for vessel groundings and propeller wash (or scouring). Finfish Habitat: The proposed dredging operations are not expected to have any significant long- term negative effects on finfish inhabiting the vicinity of Hyannis Harbor. Pre-application coordination was conducted with MADMF regarding the applicability of TOY restrictions on dredging at the project site. Dredging was recently conducted by the Town in 2016 at nearby Gateway Marina, and MADMF did not recommend a TOY restriction for protection of winter flounder. This was due to the poor bottom sediment quality along with the high vessel traffic and associated turbidity that exists on a very regular basis within the inner harbor. These factors combined result in the inner harbor being identified as poor-quality habitat for winter flounder. Relevant correspondence from MADMF is provided in Appendix G and confirms that no winter flounder TOY will be required for the proposed project. pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 10 Important Food for Wildlife: No eelgrass beds or other subaquatic vegetation is present within the vicinity of the proposed dredging. Maintenance Dredging Maintenance dredging will be conducted to restore safe navigation within Hyannis Inner Harbor and the water areas utilized by commercial and recreational vessels that berth at the Bismore Park Marina. According to 310 CMR 10.25 (4), “maintenance dredging for navigational purposes affecting land under the ocean shall be designed and carried out using the best available measures so as to minimize adverse effects on such interests caused by changes in productivity which will result from the suspension or transport of pollutants, increase in turbidity, the smothering of bottom organisms, the accumulation of pollutants by organisms, or the destruction of marine fisheries habitat or wildlife habitat”. Marine productivity will not be adversely impacted by the proposed maintenance dredging since the Inner Harbor area has been determined to be poor winter flounder habitat by MADMF (see Appendix H). Short-term increases in turbidity and suspended solids are expected to occur during the time of active dredging. However, given the limited duration that it will take for dredging to be completed, it is expected that the increases in turbidity and suspended solids resulting from construction activities will be short in duration and temporary. It is noted that turbidity within inner Hyannis Harbor occures on a very regular bases from the high volume of vessel traffic and ferries. Dredging will help reduce turbidity over the long-term by minimizing the potential for vessel groundings and propeller wash (or scouring) within the marina berthing area. 5.4 Construction Methodology & Protection of Resource Areas The proposed dredging will consist of the total removal of up to an estimated ±1,020 CY of sediments from the Bismore Park Marina basin area. Dredging is proposed to be done using mechanical means utilizing an excavator or crane. Sediments will be dewatered in- scow and then towed to the contractor’s facility where material will be off-loaded and then hauled to the selected/authorized upland disposal. The Contractor shall minimize impacts to coastal resource areas at all times during the proposed work. Anticipated impacts during construction are further assessed below: Effects on Marine/Wildlife Habitat: The MA DMF has expressed written determination that the Inner Harbor area does not require a time-of-year restriction for the protection of winter flounder (see Appendix H). Effects on Essential Fish Habitat: The proposed dredging operations are not expected to have any significant long-term negative effects on finfish inhabiting the vicinity of Hyannis Harbor/Nantucket Sound. No eelgrass has been located within the vicinity of the project. Short term and temporary increases in turbidity/suspended solids are anticipated to occur during the time of active dredging. Biological Impacts: The proposed dredging is not expected to have significant cumulative impacts to the biological resources in the vicinity. Archeological and Historic Resources: No historical or archeological resources are expected to be found within the proposed dredging areas. Both the MA Historical pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 11 Commission (MHC) and MA Board of Underwater Archaeological Resources (MA BUAR) will be notified of the project as part of the Army Corps of Engineers permit review process. Air Quality: No direct or indirect increases or other changes in local or regional air quality are likely to occur with construction of the proposed project. 5.5 Mitigation Measures The project has been designed to minimize the impacts to the existing coastal resource areas to the greatest extent possible. The areas to be dredged do not contain submerged aquatic vegetation or suitable areas for shellfish. MADMF has determined the harbor to consist of poor quality sediments with turbidity on a regular basis due to high vessel traffic and ferry operations. Although a “No Dredge” alternative would result in no environmental impacts, there is a potential for environmental impacts resulting from vessel ground-outs if the existing shoaling within the marina basin is not addressed. Not only do vessel ground-outs present the potential for oil spills or release of other hazardous materials into the harbor, they result in an increase of turbidity within the water column from the resuspension of sediments. Furthermore, a “No Dredge” alternative presents a public safety concern and diminishes public access to the waterfront. 6. Summary The Town of Barnstable is proposing to perform maintenance dredging within the northern-most are of the existing berthing basin that is located at the Bismore Park Marina. Dredging is required to address shoaling and restore safe navigation and public access/use of the harbor. The proposed project will consist of dredging an approximate total of ±11,370 square feet (SF) (±0.26 acres) and up to an estimated ±1,020 cubic yards (CY) of sediment from the marina basin. Areas will be restored to within previously authorized/dredge limits and depths and include a one (1) foot allowable overdredge and 3H:1V sideslopes. The Town is seeking to obtain all regulatory approvals in time for dredging to be performed during the Spring 2023. The proposed project has been designed so that all impacts have been minimized to the greatest extent feasible. The Bismore Park Marina Dredging Project will be conducted using a mechanical dredge, with sediments dewatered in-scow. Once dewatered, the scow will be towed off-site and sediments will be offloaded at the contractor’s yard and trucked to an approved upland location. Upland reuse/placement site alternatives being considered for dredge sediments include the Robert Child’s Waste Reclamation Facility and the Kurker Site, both of which are located in South Dennis, MA. Consideration will also be given to beneficial reuse of sediments as daily cover at a landfill facility. Sediment suitability for upland placement will be determined through the MADEP 401 WQC review. pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 12 Appendices pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 13 Appendix A Locus Map LOCUS BISMORE PARK MARINA BASIN MAINTENANCE DREDGING PROJECT HYANNIS, MA PROJECT LOCATION pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 14 Appendix B Plan entitled “Bismore Park Marina Basin Maintenance Dredge Plan” prepared by Foth Infrastructure & Environment, LLC., dated 9/15/2022 pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 15 Appendix C FEMA Map National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 9/19/2022 at 4:30 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 70°17'5"W 41°39'12"N 70°16'27"W 41°38'45"N Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 16 Appendix D Outfall/Discharge Location Map C:\pw_workdir\pw_ie\fvd_jah9\d0620724\Bismore - Outfall Discharge Location Map.docx OUTFALL DISCHARGE LOCATION MAP HYANNIS INNER HARBOR BARNSTABLE, MA LEGEND #, # - Town Documented Outfall Location PROJECT SITE LEWIS BAY pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 17 Appendix E Spill Records & Incident Location Plan National Response Center (NRC) & MA DEP Reportable Spills & Releases In Vicinity of Bismore Park Marina, Hyannis Inner Harbor, Barnstable, MA Spill & Discharge Location Map = MA DEP Spill Location= NRC Spill Location = NRC & MA DEP Spill Location BISMORE PARK MARINA (PROJECT SITE) LEWIS BAY HYANNIS HARBOR INCIDENT MAP ID #SEQNOS DESCRIPTION OF INCIDENT TYPE OF INCIDENT INCIDENT CAUSE INCIDENT DATE & TIME INCIDENT DTG INCIDENT LOCATION LOCATION ADDRESS LOCATION STREET LOCATION NEAREST CITY LOCATION STATE LOCATION COUNTY 1 1330593 CALLER STATES AN .25 CUPS OF MOTOR OIL 10W30 WAS DISCHARGED INTO LEWIS BAY. THE DISCHARGE WAS FROM THE ENGINE ON A VESSEL. VESSEL UNKNOWN 3/9/2022 9:30 OCCURRED LEWIS BAY 147 LEWIS BAY BARNSTABLE TOWN MA BARNSTABLE 2 1344243 CALLER REPORTED THAT AN UNKNOWN SHEEN WAS FOUND AT THE HYANNIS HARBOR NEAR THE WATERWAY AREA OF THE ADDRESS PROVIDED. THE SOURCE AND CAUSE OF THE SHEEN IS UNKNOWN. UNKNOWN SHEEN UNKNOWN 8/11/2022 13:52 DISCOVERED UNKNOWN SHEEN INCIDENT - HYANNIS HARBOR 180 OCEAN ST. HYANNIS MA BARNSTABLE 3 1283700 CALLER IS REPORTING THAT THEY RECEIVED A REPORT OF AN UNKNOWN SHEEN FROM AN UNKNOWN SOURCE.UNKNOWN SHEEN UNKNOWN 8/4/2020 20:16 DISCOVERED UNKNOWN SHEEN INCIDENT 180 OCEAN STREET HYANNIS MA BARNSTABLE 4 1244329 CALLER REPORTS AN UNKNOWN SHEEN FROM AN UNKNOWN SOURCE UNKNOWN SHEEN UNKNOWN 5/1/2019 15:00 DISCOVERED UNKNOWN SHEEN INCIDENT 180 OCEAN ST HYANNIS MA BARNSTABLE 5 1254257 CALLER REPORTED AN UNKNOWN SHEEN IN HYANNIS HARBOR DUE TO AN UNKNOWN CAUSE.UNKNOWN SHEEN UNKNOWN 8/5/2019 12:15 DISCOVERED UNKNOWN SHEEN INCIDENT 180 OCEAN STREET BISMORE PARK MARINA BARNSTABLE MA BARNSTABLE 6 1042110 ***WEB REPORT*** 15 X 20 YARD RAINBOW SHEEN DISCOVERED IN HYANNIS HARBOR AT 0945 ON 26 MARCH 2013. NO SOURCE IDENTIFIED. UNKNOWN SHEEN UNKNOWN 41359.40625 DISCOVERED UNKNOWN SHEEN 180 OCEAN STREET MA BARNSTABLE 7 637298 THE CALLER STATED THAT A VESSEL THAT IS TIED AT A DOCK IS TAKING ON WATER.VESSEL UNKNOWN 37672.375 OCCURRED HYANNIS OCEAN ST. DOCK 180 OCEAN ST. BARNSTABLE MA BARNSTABLE 8 1295627 THE CALLER STATED THAT UNDERWATER FITTINGS FOR THE VESSELS JETS RELEASED 5-7 LITERS OF HYDRAULIC OIL INTO HYANNIS HARBOR. THE CAUSE OF THE RELEASE IS UNKNOWN AT THE TIME OF THIS CALL VESSEL EQUIPMENT FAILURE 1/7/2021 6:30 OCCURRED 145 SCHOOL STREET HYANNIS MA BARNSTABLE 9 1322798 CALLER STATES 1 OUNCE OF HEAVY MOTOR OIL WAS DISCHARGED INTO THE HYANNIS HARBOR. THE DISCHARGE WAS FROM A LEAKING REDUCTION GEAR COOLER ON A VESSEL. VESSEL EQUIPMENT FAILURE 11/24/2021 7:45 OCCURRED 69 S STREET HYANNIS MA BARNSTABLE 10 1285365 CALLER IS REPORTING AN UNKNOWN SHEEN / SUBSTANCE IN THE MARINA AT THE INCIDENT LOCATION. THIS WAS FIRST DISCOVERED YESTERDAY AND IS STILL IN THE MARINA TODAY. UNKNOWN SHEEN UNKNOWN 8/24/2020 7:30 DISCOVERED HYANNIS MARINA 1 WILLOW ST HYANNIS MA BARNSTABLE 11 965011 CALLER IS REPORTING AN UNKNOWN SHEEN FROM AN UNKNOWN SOURCE.UNKNOWN SHEEN UNKNOWN 40561.53125 DISCOVERED UNKNOWN SHEEN INCIDENT HYANNIS MARINA 1 WILLOW ST. HYANNIS MA BARNSTABLE 12 1288377 CALLER IS REPORTING A SPILL OF GASOLINE FROM A PLEASURE CRAFT THE SUNK AT THE INCIDENT LOCATION. CALLER STATED THIS IS AT A RESIDENTIAL SLIP AT THE ENTRANCE TO HYANNIS HARBOR. VESSEL VESSEL SINKING 9/27/2020 9:55 OCCURRED LEWIS BAY AT HYANNIS HARBOR 18 MELBERTH TERRACE HYANNIS MA BARNSTABLE 13 1246289 CALLER REPORTED AN UNMANNED MOORED VESSEL SANK IN HYANNIS HARBOR DUE TO AN UNKNOWN CAUSE. CALLER STATED A VERY SMALL AMOUNT OF GASOLINE DISCHARGED INTO HYANNIS HARBOR, HOWEVER, THE VESSEL IS NO LONGER DISCHARGING. THE VESSEL WILL BE REMOVED FROM THE WATER AND THERE IS STILL A POTENTIAL FOR A DISCHARGE. VESSEL VESSEL SINKING 5/20/2019 17:30 OCCURRED 220 BAYSHORE RD HYANNIS MA BARNSTABLE 14 1246333 CALLER IS REPORTING AN EMPLOYEE MISTAKENLY FILLED THE FUEL TANK WITH FRESH WATER, RESULTING IN THE DISCHARGE OF 10 GALLONS OF DIESEL FUEL VESSEL OPERATOR ERROR 5/21/2019 10:45 OCCURRED 110 OCEAN STREET HYANNIS MA BARNSTABLE 15 1249523 CALLER IS REPORTING A DISCHARGE OF APPROXIMATELY 10 GALLONS OF DIESEL FUEL INTO HYANNIS HARBOR AT THE INCIDENT LOCATION. DISCHARGE IS FROM A PARTIALLY SUBMERGED VESSEL, DUE TO UNKNOWN CAUSES AT THIS TIME. VESSEL VESSEL SINKING 6/20/2019 13:04 DISCOVERED PRIVATE RESIDENCE 20 BAY SHORE ROAD HYANNIS MA BARNSTABLE 16 1211643 CALLER REPORTED AN UNKNOWN SHEEN IN HYANNIS HARBOR DUE TO AN UNKNOWN CAUSE.UNKNOWN SHEEN UNKNOWN 5/9/2018 10:00 DISCOVERED NEAR STEAM SHIP AUTHORITY IN HYANNIS HARBOR BARNSTABLE MA BARNSTABLE NATIONAL RESPONSE CENTER (NRC) USCG SPILL HISTORY IN THE VICINITY OF BISMORE PARK MARINA, HYANNIS INNER HARBOR, BARNSTABLE, MA INCIDENT MAP ID #SEQNOS DESCRIPTION OF INCIDENT TYPE OF INCIDENT INCIDENT CAUSE INCIDENT DATE & TIME INCIDENT DTG INCIDENT LOCATION LOCATION ADDRESS LOCATION STREET LOCATION NEAREST CITY LOCATION STATE LOCATION COUNTY NATIONAL RESPONSE CENTER (NRC) USCG SPILL HISTORY IN THE VICINITY OF BISMORE PARK MARINA, HYANNIS INNER HARBOR, BARNSTABLE, MA 17 1139984 THE CALLER IS REPORTING AN UNKNOWN SHEEN FROM AN UNKNOWN SOURCE ON THE WATER AT THE OCEAN ST DOCKS. UNKNOWN SHEEN UNKNOWN 42407.61111 DISCOVERED UNKNOWN SHEEN INCIDENT OCEAN ST AT THE DOCKS HYANNIS MA BARNSTABLE 18 1009255 CALLER IS REPORTING A RELEASE OF DIESEL FUEL FROM A FISHING VESSEL, THE CAUSE WAS DUE TO A FUEL TRANSFER. VESSEL OTHER 41019.51389 OCCURRED OCEAN STREET HYANNIS MA BARNSTABLE 19 990604 CALLER STATED THERE WAS A SPILL OF MATERIAL FROM A CRUISE VESSEL DUE TO A LEAK IN THE MAIN RETURN LINE FOR THE MAIN DIESEL ENGINE. VESSEL EQUIPMENT FAILURE 40809.45833 OCCURRED OCEAN STREET DOCK LEWIS BAY INNER HARBOR HYANNIS MA BARNSTABLE 20 916425 HYANNIS HARBOR MASTER REPORTS 100FT BY 100FT RAINBOW SHEEN NEAR THE OCEAN STREET DOCKS IN HYANNIS HARBOR. HARBOR MASTER BELIEVES THE RESPONSIBLE PARTY IS A 42FT CATAMARAN THE S/V SCOTT FREE (VI) WHICH RECENTLY DEPARTED AND MAY HAVE PUMPED BILGE. UNKNOWN SHEEN UNKNOWN 40055.61528 DISCOVERED UNKNOWN SHEEN OCEAN STREET DOCKS HYANNIS MA BARNSTABLE 21 845174 THE CALLER REPORTED THAT WHILE FUELING A VESSEL MATERIAL WAS SPILLED INTO THE ENVIRONMENT.VESSEL OPERATOR ERROR 39304.64583 OCCURRED OCEAN STREET DOCKS HYANNIS MA BARNSTABLE 22 561047 SOURCE AND CAUSE:UNKNOWN / SHEEN SIGHTING ON THE LEWIS BAY UNKNOWN SHEEN UNKNOWN 36979.27569 DISCOVERED UNKNOWN SHEEN INCIDENT OCEAN STREET DOCKS HIGHLINE COMPANY HYANNIS MA BARNSTABLE 23 1116611 CALLER IS REPORTING THAT THE VESSEL WAS TAKING ON FUEL AND THEY OVERFILLED THE TANK AND AS A RESULT THERE WAS A DISCHARGE OF APPROXIMATELY 5-10 GALLONS OF DIESEL FUEL INTO THE WATER. VESSEL OPERATOR ERROR 42139.44792 OCCURRED HYANNIS HARBOR 213 OCEAN ST HYANNIS MA BARNSTABLE 24 1053423 CALLER IS REPORTING AN UNKNOWN SHEEN. UNKNOWN SHEEN UNKNOWN 41466.37153 DISCOVERED UNKNOWN SHEEN INCIDENT HYANNIS MARINA MA BARNSTABLE 25 963820 CALLER STATES THAT A DIESEL SPILL WAS REPORTED IN THE WATER AT THE MARINA.UNKNOWN SHEEN UNKNOWN 40548.52083 DISCOVERED UNKNOWN SHEEN INCIDENT HYANNIS MARINA HYANNIS MA BARNSTABLE 26 1056953 CALLER STATED THAT A VESSEL'S BILGE PUMP ACTIVATED AND RELEASED APPROXIMATELY 1 PINT OF OILY WASTE WATER INTO THE HYANNIS HARBOR. VESSEL OTHER 41499.41667 OCCURRED 22 CHANNEL POINT RD HYANNIS MA BARNSTABLE 27 1065949 CALLER IS REPORTING AN UNKNOWN SHEEN FROM AN UNKNOWN SOURCE.UNKNOWN SHEEN UNKNOWN 41594.45486 DISCOVERED HYANNIS INNER HARBOR, IVO OCEAN STREET DOCKS HYANNIS MA BARNSTABLE 28 1002267 CALLER IS REPORTING AN UNKNOWN SHEEN FROM AN UNKNOWN SOURCE. CALLER STATED THERE IS ALSO BLACK GLOBS OF OIL ON THE EDGE OF BEACH BY THE BOAT RAMP. UNKNOWN SHEEN UNKNOWN 40945.59375 DISCOVERED UNKNOWN SHEEN INCIDENT LEWIS BAY ROAD / THE GARY BROWN BOAT RAMP HYANNIS MA BARNSTABLE 29 991557 CALLER STATED HYDRAULIC FLUID RELEASED FROM A HOSE ON THE FERRY EAGLE INTO THE WATER DUE TO OVER PRESSURE. VESSEL EQUIPMENT FAILURE 40820.35069 OCCURRED STEAMSHIP AUTHORITY DOCK LAT: 4139N LONG: 7016W HYANNIS MA BARNSTABLE 30 938027 A SHEEN OF UNKNOWN ORIGIN WAS DISCOVERED IN THE HYANNIS HARBOR.UNKNOWN SHEEN UNKNOWN 40292.51736 DISCOVERED HIGHLINE DOCK HYANNIS MA BARNSTABLE 31 942499 CALLER IS REPORTING A SUBMERGED VESSEL. CALLER STATED THAT THE VESSEL LOST POWER, BEGAN TAKING ON WATER AND LANDED ON THE ROCKS. CALLER STATED IT IS UNKNOWN IF ANY MATERIAL IS BEING DISCHARGED FROM THE VESSEL AND ALSO WAS UNSURE OF WHAT TYPE OF FUEL IS ON BOARD. VESSEL VESSEL SINKING 40330.90903 DISCOVERED 100 OFF BEACH NEAR HYANNIS YACHT CLUB DALE AVE HYANNIS MA BARNSTABLE 32 911123 CALLER IS REPORTING A DISCHARGE OF MOTOR OIL FROM A VESSEL THAT WAS BEING SALVAGED.VESSEL OTHER 40003.58333 OCCURRED HYANNIS YACHT CLUB PIER LEWIS BAY HYANNIS PORT MA BARNSTABLE 33 960713 35FT RECREATIONAL VESSEL CAUGHT FIRE AND SANK IN HYANNIS HARBOR RELEASING AN UNKNOWN AMOUNT OF FUEL. VESSEL VESSEL SINKING 40506.73542 DISCOVERED HYANNIS HARBOR 157 PLEASENT ST HYANNIS MA BARNSTABLE 34 901519 CALLER IS REPORTING A SHEEN OF UNKNOWN ORIGIN AND CAUSE ON HYANNIS HARBOR.UNKNOWN SHEEN UNKNOWN 39904.48264 DISCOVERED UNKNOWN SHEEN INCIDENT HYANNIS HARBOR SEE LAT & LONG HYANNIS MA BARNSTABLE 35 905450 CALLER IS REPORTING AN UNKNOWN SHEEN IN LEWIS BAY / HYANNIS HARBOR FROM AN UNKNOWN SOURCE.UNKNOWN SHEEN UNKNOWN 39946.3125 DISCOVERED UNKNOWN SHEEN INCIDENT 141 SCHOOL STREET HYANNIS MA BARNSTABLE INCIDENT MAP ID #SEQNOS DESCRIPTION OF INCIDENT TYPE OF INCIDENT INCIDENT CAUSE INCIDENT DATE & TIME INCIDENT DTG INCIDENT LOCATION LOCATION ADDRESS LOCATION STREET LOCATION NEAREST CITY LOCATION STATE LOCATION COUNTY NATIONAL RESPONSE CENTER (NRC) USCG SPILL HISTORY IN THE VICINITY OF BISMORE PARK MARINA, HYANNIS INNER HARBOR, BARNSTABLE, MA 36 869216 CALLER IS REPORTING THAT UPON LEAVING PORT THE VESSEL ENCOUNTERED A STEERING FAILURE DUE TO A FILTER FAILURE ON THE STEERING GEAR CAUSING HYDRAULIC OIL TO DISCHARGE INTO THE ISOLATED SHAFT SUMP AND INTO THE INNER HARBOR. THE OIL IS ISOLATED IN THE LEAK OFF TANK AT THIS TIME. VESSEL EQUIPMENT FAILURE 39565.49236 OCCURRED STEAM SHIP AUTHORITY TERMINAL DOCK HYANNIS MA BARNSTABLE 37 558829 THE CALLER IS REPORTING AN UNKNOWN SHEEN. THE SOURCE OF THE SHEEN WAS INVESTIGATED AND NO SOURCE WAS DETERMINED. UNKNOWN SHEEN UNKNOWN 36954.47917 OCCURRED HYANNIS PORT, NEAR THE HIGHLINE PIERS HYANNIS MA BARNSTABLE 38 580748 THE RESPONSIBLE PARTY KNOCKED AN OIL FILTER INTO THE WATER.VESSEL OPERATOR ERROR 37149.875 OCCURRED HYANNIS MARINA HYANNIS MA BARNSTABLE 39 583408 THE CALLER SIGHTED AN UNKNOWN SHEEN. UNKNOWN SHEEN UNKNOWN 37177.52083 DISCOVERED HYANNIS INNER HARBOR/LEWIS BAY, NEAR THE OCEAN ST. DOCK HYANNIS MA BARNSTABLE 40 884869 CALLER IS REPORTING A BRIGHT BLUE LIQUID MATERIAL IN THE HYANNIS HARBOR FROM AN UNKNOWN SOURCE.UNKNOWN SHEEN UNKNOWN 39713.56597 DISCOVERED UNKNOWN SHEEN INCIDENT GATEWAY MARINA HYANNIS MA BARNSTABLE 41 617238 THE CALLER IS REPORTING AN UNKNOWN SHEEN IN THE HYANNISPORT HARBOR UNKNOWN SHEEN UNKNOWN 37457.26389 DISCOVERED UNKNOWN SHEEN INCIDENT / OCEAN STREET DOCK BISMARCK PARK ON OCEAN STREET HYANNIS MA BARNSTABLE INCIDENT MAP ID #RTN City/Town Release Address Site Name Location Aid Reporting Category Notification Date Compliance Status RAO Class Chemical Type A 4-0026776 BARNSTABLE-HYANNIS 138 OCEAN STREET BEHIND SPANKY'S CLAM SHACK TWO HR 07/23/2017 PSNC PN UNKNOWN B 4-0028801 BARNSTABLE-HYANNIS 125 HARBOR BLUFS RD FUEL OIL RELEASE TWO HR 05/21/2021 PSNC PN UNKNOWN C 4-0026238 BARNSTABLE-HYANNIS 50 OCEAN STREET SPEEDWAY GAS STORE #2437 72 HR 07/27/2016 PSNC PN UNKNOWN D 4-0024825 BARNSTABLE-HYANNIS 356 SOUTH ST MAP 308 PARCEL 99 72 HR 10/10/2013 RAO A2 UNKNOWN E 4-0023092 BARNSTABLE-HYANNIS 35 WASHINGTON STREET APARTMENT HOUSE TWO HR 02/03/2011 RAO A2 Oil F 4-0020246 BARNSTABLE-HYANNIS 86 SOUTH ST RESIDENCE TWO HR 01/03/2007 PSNC PN Oil G 4-0019670 BARNSTABLE-HYANNIS 91 BARNSTABLE RD SUNOCO GAS STA 72 HR 03/22/2006 RAO A2 Oil H 4-0018819 BARNSTABLE-HYANNIS OCEAN ST HYLINE CRUISE LINES DOCK TWO HR 12/11/2004 RAO A2 Oil I 4-0018458 BARNSTABLE-HYANNIS 37 BARNSTABLE RD NO LOCATION AID 120 DY 05/24/2004 RAO B1 Oil J 4-0018330 BARNSTABLE-HYANNIS 230 SOUTH ST TOWN HALL 72 HR 03/29/2004 RAO A2 Oil K 4-0018174 BARNSTABLE-HYANNIS 123 BARNSTABLE RD NO LOCATION AID 120 DY 12/17/2003 RAO B1 Oil L 4-0018071 BARNSTABLE-HYANNIS 240 NORTH ST FORMER TEXACO SERVICE STATION 120 DY 10/07/2003 RAO B1 Oil M 4-0017986 BARNSTABLE-HYANNIS 27 PARK ST CAPE COD HOSPITAL 72 HR 08/25/2003 RTN CLOSED Oil N 4-0017628 BARNSTABLE-HYANNIS 426 MAIN ST PAINE-WEBBER TWO HR 02/10/2003 RAO A1 Oil O 4-0017302 BARNSTABLE-HYANNIS 110 SCHOOL ST PARCEL 121 120 DY 08/19/2002 DPS Hazardous Material P 4-0017126 BARNSTABLE-HYANNIS 27 PARK ST NO LOCATION AID 120 DY 06/11/2002 REMOPS Oil Q 4-0017060 BARNSTABLE-HYANNIS NORTH AND BARNSTABLE RD NO LOCATION AID TWO HR 05/17/2002 RAO A2 Oil R 4-0016853 BARNSTABLE-HYANNIS CENTER ST BARNSTABLE RD TWO HR 01/24/2002 RAO A1 Oil and Hazardous Material S 4-0016577 BARNSTABLE-HYANNIS 43-55 IYANOUGH RD BAGEL PORT 72 HR 08/15/2001 RTN CLOSED Hazardous Material T 4-0016148 BARNSTABLE-HYANNIS OFF OCEAN ST FERRY TERMINAL TWO HR 03/29/2001 ADEQUATE REG UNKNOWN U 4-0014802 BARNSTABLE-HYANNIS 141 SCHOOL ST STEAMSHIP AUTHORITY TWO HR 06/22/1999 RAO A1 Oil V 4-0014059 BARNSTABLE-HYANNIS 112 BARNSTABLE RD GETTY SERVICE STATION 120 DY 07/09/1998 RAO A2 Oil W 4-0013581 BARNSTABLE-HYANNIS 149 NORTH ST MUTUAL STATION #73 TWO HR 01/10/1998 RAO A1 Oil MASSACHUSETTS DEP REPORTED SPILL HISTORY IN THE VICINITY OF BISMORE PARK MARINA, HYANNIS INNER HARBOR, BARNSTABLE, MA RTN = MADEP RELEASE TRACKING NO. pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 18 Appendix F Record Permit Documents N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 19 Appendix G Agency Correspondence From: Farris, Charles N CIV USARMY CENAE (USA) <Charles.N.Farris@usace.army.mil> Sent: Wednesday, September 7, 2022 2:58 PM To: Player, Christine Cc: Hill, Jimmy Subject: RE: [Non-DoD Source] Re: [External] RE: Request for Record Sampling Plans and Suitability Determinations: Bismore Park Marina, Hyannis, MA Sorry, Christine After a review of the ORM data base and the reels and scans archival database at the New England District, we were unable to find any Sampling Plan(s) and/or Suitability Determination(s) issued to the Town of Barnstable, MA for disposal of Bismore Park Marina sediment in the USACE CAD cell in the 1990s. Good luck with your project. Regards, Charles N. Farris Project Manager US Army Corps of Engineers Regulatory Division 696 Virginia Road Concord, MA 01742 (978) 318-8336 From: Player, Christine <Christine.Player@foth.com> Sent: Wednesday, September 7, 2022 2:55 PM To: Farris, Charles N CIV USARMY CENAE (USA) <Charles.N.Farris@usace.army.mil> Cc: Hill, Jimmy <James.Hill@foth.com> Subject: [URL Verdict: Neutral]RE: [Non-DoD Source] Re: [External] RE: Request for Record Sampling Plans and Suitability Determinations: Bismore Park Marina, Hyannis, MA Hi Norm As we discussed last week, would you mind sending an email stating that you were unable to find any available record documents related to the subject request? We would like to have this response in our files. Thanks! Christine Christine M. Player, BSCE, MSCE Senior Client Manager, Ports & Harbors Foth Infrastructure & Environment, LLC 15 Creek Road Marion, MA 02738 Direct: (508) 762-0766 Cell: (508) 454-0035 foth.com From: Farris, Charles N CIV USARMY CENAE (USA) <Charles.N.Farris@usace.army.mil> Sent: Tuesday, August 30, 2022 9:04 AM To: Player, Christine <Christine.Player@foth.com> Subject: RE: [Non-DoD Source] Re: [External] RE: Request for Record Sampling Plans and Suitability Determinations: Bismore Park Marina, Hyannis, MA I’m headed to the office now. I’ll be there around 10:30 Sent with BlackBerry Work (www.blackberry.com) From: Player, Christine <Christine.Player@foth.com> Date: Monday, Aug 29, 2022, 2:43 PM To: Farris, Charles N CIV USARMY CENAE (USA) <Charles.N.Farris@usace.army.mil> Subject: [Non-DoD Source] Re: [External] RE: Request for Record Sampling Plans and Suitability Determinations: Bismore Park Marina, Hyannis, MA Ok I will give you a call tomorrow am…any time better for you? Christine M. Player Senior Client Manager Foth Infrastructure & Environment, LLC From: Farris, Charles N CIV USARMY CENAE (USA) <Charles.N.Farris@usace.army.mil> Sent: Monday, August 29, 2022 12:52:37 PM To: Player, Christine <Christine.Player@foth.com> Subject: [External] RE: Request for Record Sampling Plans and Suitability Determinations: Bismore Park Marina, Hyannis, MA I would do this, let’s talk about the parameters of this project and see what can be done. From: Player, Christine <Christine.Player@foth.com> Sent: Friday, August 26, 2022 11:30 AM To: Hill, Jimmy <James.Hill@foth.com>; Farris, Charles N CIV USARMY CENAE (USA) <Charles.N.Farris@usace.army.mil> Cc: Packard, Jeramy M <Jeramy.Packard@foth.com> Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Request for Record Sampling Plans and Suitability Determinations: Bismore Park Marina, Hyannis, MA Hi Norm Just a quick follow up on this email below as we are in a time crunch to move a small, but critical, dredging project forward for the Town of Barnstable. Can you please let us know if you can assist us with obtaining any of the requested information below or if we should be reaching out to someone else at the USACE to assist us? Thanks so much! Christine Christine M. Player, BSCE, MSCE Senior Client Manager, Ports & Harbors Foth Infrastructure & Environment, LLC 15 Creek Road Marion, MA 02738 Direct: (508) 762-0766 Cell: (508) 454-0035 foth.com From: Hill, Jimmy <James.Hill@foth.com> Sent: Monday, August 22, 2022 2:18 PM To: Farris, Charles N CIV USARMY CENAE (US) <Charles.N.Farris@usace.army.mil> Cc: Packard, Jeramy M <Jeramy.Packard@foth.com>; Player, Christine <Christine.Player@foth.com> Subject: Request for Record Sampling Plans and Suitability Determinations: Bismore Park Marina, Hyannis, MA Good Afternoon Norm, I am writing you to request copies of any Sampling Plan(s) and/or Suitability Determination(s) issued to the Town of Barnstable, MA for disposal of Bismore Park Marina sediment in the USACE CAD cell in the 1990s. Our record research to this point shows this site was last dredged in 1998. The only record permit I have for this site thus far is attached. I have submitted a FOIA request for additional federal permits/licenses. I am hoping the previous Sampling Plans and Suitability Determinations will help us characterize past sediments and plan as we apply for maintenance dredging permits/licenses for the Town. This maintenance material is planned for upland disposal. Please feel free to reach out with any further questions and thank you in advance, Jimmy Hill Project Engineer – Ports and Harbors Foth Infrastructure & Environment, LLC 49 Bellevue Ave Newport, RI 02840 Cell: (410) 610-1236 foth.com CAUTION:This email originated from outside of Foth. Do not click on links or open attachments unless you recognize the sender and know the content to be safe. Document1 From: Kavanaugh, William M Jr CIV USARMY CENAE (USA) <William.M.Kavanaugh@usace.army.mil> Sent: Thursday, September 8, 2022 10:45 AM To: Player, Christine <Christine.Player@foth.com> Cc: Habel, Mark L CIV USARMY CENAE (USA) <Mark.L.Habel@usace.army.mil> Subject: [External] RE: Hyannis Harbor FNP Hey Christine, Please see attached excerpt from the MA work history file for dates and volumes dredged. I think this is what you’re looking for. WFO = Work for Others. I cannot say beyond what I see in the attached if the Town’s material went into the CAD as I wasn’t involved with the project back then, But it does seem to indicate that….perhaps Mark can shed more light on that for you. Bill Bill Kavanaugh Project Manager USACE New England District Navigation Section (978) 318-8328 From: Player, Christine <Christine.Player@foth.com> Sent: Thursday, September 8, 2022 8:40 AM To: Kavanaugh, William M Jr CIV USARMY CENAE (USA) <William.M.Kavanaugh@usace.army.mil> Subject: [URL Verdict: Neutral][Non-DoD Source] Hyannis Harbor FNP Hey Good Morning and happy back to the real world after summer which means dredging season. I have a quick question for you about Hyannis Harbor – can you tell me the year that the USACE dredged the FNP into the inner harbor and constructed a CAD cell for sediment disposal? Also, can you confirm if the Town piggybacked into the CAD cell? Town is looking to do some limited dredging at Bismore Park and the record history is a “little fuzzy” – I thought the Town used the CAD cell as well. Any help in getting us pointed in the right direction would be appreciated. Hope all is well – and as always – thanks in advance for any intel. Christine M. Player, BSCE, MSCE Senior Client Manager, Ports & Harbors Foth Infrastructure & Environment, LLC 15 Creek Road Marion, MA 02738 Direct: (508) 762-0766 Cell: (508) 454-0035 foth.com Commonwealth of Massachusetts Division of Marine Fisheries 1213 Purchase St. 3rd Floor New Bedford, MA 02740 (508)990-2860 fax (508)990-0449 June 17, 2016 Barnstable Conservation Commission Town Hall 367 Main Street Hyannis, MA 02601 Dear Commissioners: The Division of Marine Fisheries (MarineFisheries) has reviewed the Notice of Intent by the Town of Barnstable to dredge approximately 3,714 cubic yards of sediment from an approximate area of 19,829 square feet at Gateway Marina on Hyannis Inner Harbor in the Town of Barnstable, with respect to potential impacts to marine fisheries resources and habitat. Dredged sediment will be disposed at an authorized upland location or at the Cape Cod Bay Disposal Site pending approval by U.S. Army Corps of Engineers. Hyannis Inner Harbor is utilized by numerous boaters, the largest being operated by the Steamship Authority. The Steamship Authority ferries cause large sediment plumes on a very regular basis in this very small harbor; this turbidity signal was quantitatively measured in 1998 by Coast and Harbor of Woods Hole. Further surveys characterized muddy, black, and sulfitic bottom sediment. Due to the high sediment loading from ferry boat propeller wash coupled with poor sediment quality, MarineFisheries has determined the area around Gateway Marina is not conducive to spawning winter flounder. Therefore, MarineFisheries does not recommend a time-of-year (TOY) restriction for the protection of winter flounder. Questions regarding this review may be directed to Eileen Feeney in our New Bedford office at (508) 990-2860 ext. 117. Sincerely, Eileen M. Feeney Fisheries Habitat Specialist cc: Christine Player, CLE Engineering, Inc. Doug Kalweit, Shellfish Constable Ken Chin, DEP Terry O’Neil, DMF Tom Shields, DMF Christian Petitpas, DMF EF/cp David E. Pierce Director Charles D. Baker Governor Karyn E. Polito Lieutenant Governor Matthew A. Beaton Secretary George N. Peterson, Jr. Commissioner Mary-Lee King Deputy Commissioner pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 20 Appendix H Abutters Map, List, and Notification 2,100.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcel 326068 This map is for illustration purposes only. It is not adequate for legal boundary determination or regulatory interpretation. This map does not represent an on-the-ground survey. It may be generalized, may not reflect current conditions, and may contain cartographic errors or omissions. Legend Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed. Parcel lines shown on this map are only graphic representations of Assessor’s tax parcels. They are not true property boundaries and do not represent accurate relationships to physical objects on the map such as building locations. 88 Town of Barnstable GIS Unit 175 9/13/2022 gis@town.barnstable.ma.us Printed on: 0 ft.175 Subject Parcel Abutters 100 ft. Buffer ft. 1 inch = approx. Parcels Town Boundary Railroad Tracks Buildings Approx. Building Buildings Parking Lots Paved Unpaved Roads Paved Road Unpaved Road Bridge Paved Median Water Bodies Conservation Notice of Intent (NOI) Abutter List for Subject Parcel 326068 Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 32603500A HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500B HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500C HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500D HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500E HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500F HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500G HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500H HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500I HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500J HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500K HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500L HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 9/13/2022 11:40 AMReport Generated On:Page 1 of 12 149Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 32603500M HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500N HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500O HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500P HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500Q HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500R HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500S HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500T HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500U HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500V HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500W HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500X HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500Y HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 32603500Z HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 9/13/2022 11:40 AMReport Generated On:Page 2 of 12 149Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 32603500Z HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AA HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AB HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AC HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AD HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AE HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AF HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AG HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AH HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AI HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AJ HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AK HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AL HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AM HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 9/13/2022 11:40 AMReport Generated On:Page 3 of 12 149Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip LLC 3260350AN HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AO HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AP HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AQ HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AR HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AS HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AT HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AU HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AV HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AW HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AX HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AY HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350AZ HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 9/13/2022 11:40 AMReport Generated On:Page 4 of 12 149Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 3260350BA HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BB HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BC HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BD HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BE HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BF HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BG HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BH HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BI HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BJ HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BK HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BL HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BM HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 9/13/2022 11:40 AMReport Generated On:Page 5 of 12 149Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 3260350BN HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BO HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BP HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BQ HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BR HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BS HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BT HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BU HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BV HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BW HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BX HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BY HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350BZ HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CA HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 9/13/2022 11:40 AMReport Generated On:Page 6 of 12 149Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip LLC 3260350CB HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CC HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CD HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CE HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CF HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CG HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CH HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CI HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CJ HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CK HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CL HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CM HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02840RI 3260350CN HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 9/13/2022 11:40 AMReport Generated On:Page 7 of 12 149Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 3260350CO HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CP HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CQ HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CR HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CS HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CT HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CU HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CV HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CW HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CX HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CY HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350CZ HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DA HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 9/13/2022 11:40 AMReport Generated On:Page 8 of 12 149Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 3260350DB HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DC HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DD HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DE HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DF HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DG HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DH HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DI HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DJ HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DK HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DL HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DM HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DN HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DO HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 9/13/2022 11:40 AMReport Generated On:Page 9 of 12 149Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip LLC 3260350DP HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DQ HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DR HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DS HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DT HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DU HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DV HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DW HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DX HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DY HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350DZ HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350EA HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350EB HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 9/13/2022 11:40 AMReport Generated On:Page 10 of 12 149Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 3260350EC HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350ED HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350EE HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350EF HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350EG HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 3260350EH HARBORVIEW HOTEL INVESTORS LLC 28 JACOME WAY MIDDLETOWN 02842RI 326037 SHORE, CARYLYN A TR OCEAN BAY ONE TRUST 1418 COMMONWEALTH AVE WEST NEWTON 02465MA 326038 ATSALIS, CONSTANTINE R TR 66 BARNSTABLE ROAD REALTY TRUST 46 CUMNER ST HYANNIS 02601MA 326039 COLOMBO, DAVID L TR OLIVE OIL TRUST 488 SOUTH STREET HYANNIS 02601MA 326042 149 OCEAN STREET LLC C/O NEWPORT HOTEL GROUP 28 JACOME WAY MIDDLETOWN 02842-5679RI 326043 131 OCEAN STREET LLC C/O NEWPORT HOTEL GROUP 28 JACOME WAY MIDDLETOWN 02842-5679RI 326066 HYANNIS HARBOR TOURS INC 22 CHANNEL POINT RD HYANNIS 02601MA 326067 HYANNIS HARBOR TOURS INC 22 CHANNEL POINT ROAD HYANNIS 02601MA 326068 BARNSTABLE, TOWN OF (REC)367 MAIN STREET HYANNIS 02601MA 9/13/2022 11:40 AMReport Generated On:Page 11 of 12 149Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 326069 HYANNIS HARBOR TOURS INC 22 CHANNEL POINT RD HYANNIS 02601MA 326070 HYANNIS HARBOR TOURS INC 22 CHANNEL POINT ROAD HYANNIS 02601MA 326071001 HYANNIS HARBOR TOURS INC 22 CHANNEL POINT ROAD HYANNIS 02601MA 9/13/2022 11:40 AMReport Generated On:Page 12 of 12 149Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. NOTICE OF INTENT ABUTTER NOTIFICATION LETTER DATE: RE: Upcoming Barnstable Conservation Commission Public Hearing To Whom It May Concern, As an abutter within 100 feet of a proposed project, please be advised that a NOTICE OF INTENT application has been filed with the Barnstable Conservation Commission. APPLICANT: PROJECT ADDRESS OR LOCATION: ASSESSOR’S MAP & PARCEL: MAP PARCEL PROJECT DESCRIPTION: ________________________________________________________ APPLICANT’S AGENT: PUBLIC HEARING: WILL BE HELD REMOTELY VIA ZOOM See agenda posting on Town Clerks website available at least 48 hours in advance of the meeting for details. DATE: / / TIME: P.M. NOTE: Plans and applications describing the proposed activity are on file with the Conservation Commission at https://itlaserfiche.town.barnstable.ma.us/WebLink/Browse.aspx?id=825530&dbid=0&repo=TownOfBarns table, by email to Kimberly.Cavanaugh@town.barnstable.ma.us or by calling (508-862-4093) Town of Barnstable - DPW September 20, 2022 Bismore Park Marina, 180 Ocean Street, Hyannis, MA 02601. Parcel 326068 326 68 Project will consist of the maintenance dredging of up to ±1,020 cubic yards (CY) of sediment from within the existing/authorized Bismore Park Marina basin limits using mechanical methods with upland disposal. Vessel use at the marina is currently compromised/restricted due to shoaling. Maintenance dredging is required to restore the basin to depths of 5 feet below Mean Lower Low Water (MLLW). Jeramy Packard, P.E. - Foth IE jeramy.packard@foth.com 10/4/2022 4:30 pw:\Barnstable MA T\ 0022B008.00\4000 Regulatory Agency Correspondence\4150 Regulatory Permits\Bismore Short-Term Dredge Permitting (2022- 2023)\NOI\20220914 Hyannis Bismore Park Marina NOI.docx Foth ● 21 Appendix I Chapter 707 Notice of Intent Checklist Chap 707/rev. March 2022 Page 1 CHAPTER 707 Regulation Governing Minimum Submission Requirements for a Notice of Intent Application The Barnstable Conservation Commission has adopted the following requirements in order to obtain more consistently complete submission documents necessary for a thorough and efficient review of all Notice of Intent (NOI) applications. Failure to complete any of the items in this checklist may result in your application being denied. Applicant or applicant’s agent should check each box denoting that the task has been completed or in certain instances, like field staking, denoting that the task will be completed. The following submission checklist covers the requirements of Chapter 237, Wetlands Protection, of the Part I General Ordinances of the Code of the Town of Barnstable. This checklist shall be submitted to the Barnstable Conservation Division with the NOI application. 1. Requirements a. The applicant understands, unless they’ve instructed otherwise, they are applying both under the Massachusetts Wetlands Protection Act M.G.L. c.131,§40 and Chapter 237 of the Town of Barnstable General Ordinances. b. Attach a written narrative to the NOI application (WPA Form 3), available at: www.mass.gov/eea/agencies/massdep/service/approvals/wpa-form-3.html describing any project impacts and proposed mitigation as they relate to the following: 1) Any of the interests of Chapter 237 of the General Ordinances and the MassDEP Wetlands Protection Act M.G.L. 131, §40. 2) The performance standards contained in the MassDEP Wetlands Protection Regulations (310 CMR 10.00) 3) Chapter 704: Regulation Governing Activity in the 100-ft. Buffer Zone. 4) Chapter 703: Private Docks and Piers. 5) Any other applicable regulations (310 CMR 10.00 or as promulgated under Chapter 237 of the General Ordinances). c. Enclose proper payment to cover the fee for Chapter 237 filings. Consult current Fee Schedule at www.townofbarnstable.us/Conservation d. Please indicate who is to record the Order of Conditions (check one): Applicant Agent 2. Abutter Notification (See Abutter Notification Regulation, Chapter 706) Town of Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 Office: 508-862-4093 E-mail: conservation@town.barnstable.ma.us X X X X X N/A X N/A X X Chap 707/rev. March 2022 Page 2 a. Contact the Conservation Division office at (508) 862-4093 regarding the docketing process, or see current schedule of Conservation Hearings and submission deadlines at: www.townofbarnstable.us/Conservation/ b. Provide a copy of the list of abutters within a 100 ft radius of the project parcel. c. Provide a copy of the Assessor’s Map indicating the parcel of the project site and showing the 100 ft radius of the project parcel. d. Provide a copy of the abutter notification letter. Use t he form letter provided in our Abutter Notification Regulation (Chapter 706), available on the Conservation Division website. e. Bring the green return receipts, from the certified mai lings to the abutters, as proof of notification to the public hearing. If any mailings are returned, bring the entire envelope, indicating by postal service stamp the reason for return. You will retain the receipts afterwards, not the Conservation Division. f. I further certify under the penalties of perjury that all abutte rs were notified of the Notice of Intent Application, pursuant to the requirements of Chapter 237 of the General Ordinances of the Code of the Town of Barnstable. Notice must be made in writing by certified mail to all abutters within 100 ft of the property line of the project location. _______________________________________ Signature of Applicant or Representative Date 3. Field Staking: a. On or before Tuesday, @ 8:30 a.m., one week prior to the scheduled public hearing, have your project staked by a professional engineer or registered land surveyor showing all outside corners of all proposed structures and the continuous proposed “limit of work” line. b. Have a wetland scientist or other qualified professional flag all wetland res ource areas on or within 100 ft of the work area. Make sure that the flags are sequentially numbered. c. Provide a project identification stake with bright painted top and applicant name and address, easily visible from the street approaching the site. 4. Legal Advertisement Fees: a. Conservation will submit the legal ad for publication in a local newspaper. The applicant or his/her agent is responsible for payment, by check (payable to the Town of Barnstable), at the hearing or by mail. The cost of the legal ad will be pre-calculated and posted on the hearing agenda prior to the hearing. 5. Minimum Documentation for a Complete Application: a. Provide a completely filled-out (in all parts) NOI application as locally adopted for the Town of Barnstable, including MassDEP Vegetated Wetland Field Data Form. Indicate Assessor’s map and parcel of the project, as well as the street or road address, and pertinent village (i.e., Hyannis, Centerville, Barnstable, etc). b. Provide two (2) original project plans, stamped in blue or red ink (wet stamp). Plans must be signed and dated by a Massachusetts licensed, professional engineer, land surveyor, architect or landscape architect (as applicable), and shall be drawn at a readable scale (1" = 20' preferred). For multi-acre sites, a second site plan, drawn at larger scale showing the entire site, should also be provided. X X X X X X N/A N/A N/A X X X 9/20/2022 Chap 707/rev. March 2022 Page 3 c. Provide a signed Permission to Access Property, Form PA. The form must be signed by the property Owner, or legal representative and submitted prior to NOI being docketed and application advertised. Form PA is available at www.townofbarnstable.us/Conservation/. Do not send the abutter letter out until the form is submitted to the Conservation Division office. d. For projects requiring mitigation plantings under Chapter 704 -3, 704-4, and 704-5, mitigation planting location(s) shall clearly be shown on landscaping planting plan. The planting plan shall include species list (chosen from the Town of Barnstable Conservation Commission approved planting lists), sizes, densities and/or quantities. The plan shall also provide area calculations between 0 to 50 and 50 to 100 separately for the amount of mitigation planting required, and the amount of mitigation planting proposed. e. Provide detailed, written street directions to the locus (site). f. Provide a copy of a U.S.G.S. locus map indicating the general area of the project site. g. Provide a check for the Town of Barnstable portion of the required filing fee. (The portion payable to the Commonwealth, see 7. e. below) h. Provide any other documentation, photographs, architectural renderings or other supporting data prepared by professionals competent in t he field which may be relevant to the application. 6. The site plan shall also show: a. All existing and proposed contours at 2-ft. minimum intervals (1-ft. preferred). b. Clear delineation of all existing and proposed structures and features. Building structures must be accurately dimensioned (fixed location) from property lines and wetland resource a reas. Plans shall provide sufficient detail to show all potential wetland impacts, mitigation, compensatory areas, engineered structures, utilities, landscaping, etc. within the area of jurisdiction. On complicated sites, existing and proposed conditions must be shown on separate sheets. c. Locus inset map of the site clearly showing its location relative to surrounding public streets. d. All wetland resource area flags by individual flag number (matched to the field) to clearly identify all resource areas on or within 100 feet of the work area. The individual who performed the flagging and date of flagging shall be identified on the plan next to the resource line. e. Section views showing changes in grade, cuts and fills. 7. SUBMISSION OF THE COMPLETED APPLICATION WITH PLANS: a. Provide a signed Permission to Access Property, Form PA. The form must be signed by the property Owner, or legal representative and submitted prior to NOI being docketed and application advertised . Form PA is available at www.townofbarnstable.us/Conservation/. Do not send the abutter letter out until the form is submitted to the Conservation Division office. b. Email NOI application and all associated materials in PDF format to Kimberly.Cavanaugh@town.barnstable.ma.us AND Darcy.Karle@town.barnstable.ma.us . Do not include copies of checks. All attachments must be named with the hearing date (year first), type, name, address. Examples 20220301 NOI Smith 21 Main Street or 2022031 NOI Plan Smith 21 Main Street. c. Provide two (2) full NOI applications with folded plans (colored ink stamp) with signature/date to the Town of Barnstable Conservation Division Office for administrative use; N/A N/A N/A X N/A X X X X N/A X N/A X X Chap 707/rev. March 2022 Page 4 d. Provide seven (7) additional copies of the NOI (with folded plans and all pertinent data attached) to the Barnstable Conservation Division Office for distribution to, and review by, Conservation Commission members. Any supplementary documentation for administrative and commission review should be submitted as soon as possible prior to the scheduled public hearing.* e. Mail one (1) copy of the complete NOI with plan(s) to the Massachusetts Department of Environmental Protection (MassDEP) Southeast Regional Office, 20 Riverside Dr., Lakeville, MA 02346. Send MassDEP portion of filing fee to: MA Department of En vironmental Protection, Box 4062, Boston, MA 02211. f. For roadway construction or repair projects, provid e one electronic copy of the NOI and plans to the Senior Project Manager Special Projects, c/o the Town of Barnstable Department of Public Works, 382 Falmouth Road, Hyannis, MA 02601. g. For coastal piers, dredging, coastal engineering structures or other coastal erosion control projects, provide two hard copies of the NOI and plans to the Shellfish Biologist, c/o Town of Barnstable Natural Resources, 1189 Phinney’s Ln., Centerville, MA 02632. In addition, email a (PDF) version to: 1) shellfishNOI@town.barnstable.ma.us. (Email must be sent the same day as submission to the Conservation Division); and 2) conservationprojects@town.barnstable.ma.us h. Also, for coastal piers, dredging, coastal engineering structures, provide two hard copies of the NOI and plans to the Harbormaster, c/o Town of Barnstable Marine and Environmental Affairs (MEA), 1189 Phinney’s Ln., Centerville, MA 02632. In addition, email a (PDF) version to: 1) harbormaster@town.barnstable.ma.us. (Email must be sent the same day as submission to the Conservation Division); and 2) conservationprojects@town.barnstable.ma.us Note: Please title the file for your NOI project as follows: a. Submission date, b. Last name of applicant, c. Map/parcel of property, e.g., 082316-Smith-076024. *Note: If a revised plan needs to be submitted prior to a hearing, please follow same instructions as 7. b. above (and submit to other entities as may be applicable). Plan revisions must be clearly noted and dated in the revision block. (The same individual who stamped the original plan must also stamp and sign the revised plan). Submitted this day of in the year in accordance with the Town of Barnstable “Regulation Governing Minimum Submission Requirements for a Notice of Intent Application” by: (Print Name) Owner / Applicant Signature Telephone Number Owner’s Authorized Agent Signature Telephone Number Approved: May 28, l997 Revised: May 12, 2015 Revised: August 23, with minor rev. Sept. 6, 2016 Revised March 15, 2022 X X N/A X X 20th September 2022 Jeramy Packard, P.E. Jeramy Packard, P.E.(401) 236-0362