    [From the U.S. Government Printing Office, www.gpo.gov]

        THE

         HORELINE
    EVE LOMENT HANDBOOK

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          k:       Guide to State & Federal Permits
     393 ~o vemrning Construction & Dredging
        i,' ;    'mthe Massachusetts CoastalZone
    |1-          1986           ' ' .    1986
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                          The Shoreline Development Handbook

                          A Guide to State & Federal Permits
                      Governing Construction & Dredging in the
                              Massachusetts Coastal Zone

                             prepared by Harriet Diamond
                     Massachusetts Coastal Zone Management Office
                      Executive Office of Environmental Affairs

         The preparation of this publication was funded by the Office of Coastal
    Resource Management, National Oceanic and Atmospheric Administration, U.S.
    Department of Commerce, under a program implementation grant to the Commonwealth
    of Massachusetts.

                                     U.S. DEPARTMENT OF COMMERCE NOAA
                                     COASTAL SERVICES CENTER
                                    2234 SOUTH HOBSON AVENUE
                                    CHARLESTON, SC 29405-2413

                                       Property of

                                    TABLE OF CONTENTS

    Introduction

    Preface.............................................................
    Where To Go For More Information....................................
    Jurisdictional Base Map..* .............................................

    State Permits and Approvals for Coastal Construction and Dredging

    I. MA Environmental Policy Act Unit (MEPA) Review...................

    II. Department of Environmental Quality Engineering (DEQE)
            A. Division of Wetlands and Waterways
                    1. Order of Conditions..............................
                    2. Order of Restrictions............................
                    3. Chapter 91 license orPermit.....................

            B. Division of Water Pollution Control
                    1. Water Quality Certificate........................
                    2. Sewer Extension/Connection Permit ................
                    3. NPDES Permit.....................................
                    4. Subsurface Sewage Disposal Facility Approval.....
                    5. Industrial Waste Treatment Facility Approval.....
                    6. Marine Oil Terminal License......................

            C. Division of Water Supply
                    1. Cross Connections Permit.........................
                    2. New Source Approval.............................

            D. Division of Solid and Hazardous Waste
                    1. Waste Disposal Facility, Landfill/Upland Dredged
                       Material Disposal Site Plan Approval.............

    III. Coastal Zone Management Office
                    1. Federal Consistency Review Decision..............
                    2. ACEC Program.....................................

    IV. Department of Environmental Management
                    1. Ocean Sanctuareies Program Approval..............

    V. Division of Marine Fisheries, Wildlife and
        Environmental Law Enforcement
                    1. Project Approval.................................

    Federal Permits

    I. U.S. Army Corps of Engineers/U.S. Envronmental Protection Agency
                    1. Section 10, 103 and 404 Permits .................

                               TABLE OF CONTENTS (cont'd)

    Other Planning Considerations

         I. Permits Administered Locally............................
                    1. Title 5......................................
                    2. Federal Emergency Management Assistance
                       (FEMA) .......................................
                   3. Martha's Vineyard Commission.................

         II. Dredge Project Planning
                    1. Funding .......................................
                    2. Methods .......................................
                    3. Dredged Material Disposal/Dewatering..........

         IV. Environmental Testing Requirements ......................
                    1. Sediment Sampling.............................
                    2. Physical Tests................................
                    3. Chemical Tests................................
                    4. Biological Tests..............................

    Tables

         I. State and Federal Permits for Dredging...................
         II. Summary of Permits for Dredge Material Disposal.........
         III. Sediment Classification................................

    Appendix

         I. Glossary......................................,..........
         II. Environmental Monitor - Sample ENF.....................
         III. Sample Federal Consistency Certification Letter........

    I       ~~Preface

                 The Massachusetts shoreline, traditionally a magnet for human activity of
            every description, is currently experiencing a surge in development interest
            that is likely to continue well into the 1900s. The protected waterfronts in
            ports and harbors are essential to a variety of industries including fishing,
            shipping and related activities; cruise and ferry services; and recreational
            boating interests.

                 In addition, the harborfronts in many coastal communities have become the
            focus of major redevelopment programs featuring restaurants and retail shops,
            parks and open spaces, and housing and office buildings. Such activities are
            enhanced by the aesthetics of a seaside location and provide numerous oppor-
            tunities to the general public for physical and visual access to the water's

    I~           ~ede Among the structures that are expected to be constructed or repaired in
            the Massachusetts coastal zone in the near future are a host of piers, wharves,
            bulkheads, revetments, barges, breakwaters, roads, bridges, pipes and pipelines,
    I      ~ ~to say nothing of the myriad of buildings that are projected to occupy the
            waterfront and related backlands. Many of these projects will bring about
            pressure to dredge new channels and deepen existing ones (processes known as
            "improvement" dredging) as well as to periodically remove accumulated sediments
            which reduce the depth of existing commercial and recreational channels and har-
            bor areas (a process known as "maintenance" dredging). Finally, both the human
            occupance of shorelands and dredging activity in waterways will produce waste
            material which must be disposed of in an environmentally appropriate manner,
            often within the coastal zone itself.

     *           ~~~One of the important roles of government in shoreline development is to
            ensure that the development process takes place in a way that is environmentally
            sound, does not compromise public health and safety, and promotes efficient
            allocation of coastal resources. The state/federal permitting system also ser-
            ves as a mechanism by which citizens can significantly participate in state and
            federal decision-making.

     *           ~~~The Commonwealth of Massachusetts has a long history of pursuing these
            goals, through the licensing and coordination of waterfront construction and
            dredging projects. Several state agencies share responsibility for assessing the
            potential environmental effects of development and dredging in state wetlands,
            as well as disposal of dredged material on uplands, and for contracting for
            dredging and dredged material disposal services. The Coastal Zone Management
            Office also reviews projects involving the ocean disposal of dredged material

            outside of the state's three mile baseline of jurisdiction (See Figure )

              *                                      ~~~~~~~~~~~~-2-

     I           ~~~At the federal level, agencies such as the United States Army Corps of
             Engineers, the Environmental Protection Agency, the National Marine Fisheries
             Service, and the U.S. Fish and Wildlife Service review dredging projects and the
    I      ~ ~U.S. Army Corps of Engineers issues or denies waterfront construction, dredging,
             and dredged material disposal permits.
                  The intent of this handbook, prepared by the Massachusetts Coastal Zone
    I      ~ ~Management Office, is to expedite the permitting process for any shoreline
             construction and dredging project undertaken in the Commonwealth. It provides
             planners, regulatory agencies, permit applicants and private developers with an
    I      ~ ~explanation of the permit review process for development activities in the
             coastal zone and the permit requirements of the state and federal regulatory
             agencies. Permits and approvals required by cities and towns are listed,
             hwvrthredrienorgdtcotcthloaplnigaecwhrparticular project is located for a detailed description of the local permitting process
             process*

             1                                      ~~~~~~~~~~~~-3-

    I       ~~Where to Go for More Information

                 All proposed waterfront development and dredging projects require review by
            local, state, and federal agencies. As part of this process, some projects may
            require the preparation of an Environmental Impact Report (required by the state
            but prepared by the project proponent) or an Environmental Impact Statement
    *       ~~(required and prepared by the federal government).

                 Copies of state regulations can be reviewed at local planning agencies,
            town halls, the offices of state environmental agencies, or obtained at the
    I      ~ ~bookstore at the State House in Boston.

                 Federal regulations regarding coastal development, dredging or dredged
            material disposal may be obtained from the U.S. Army Corps of Engineers or
            from the Federal Register.

                 A list of state and federal permits and regulations involved in coastal
            development and dredging projects can be found in Table I and a summary of
            permits required for specific construction and dredged material disposal
    *       ~~actions is provided in Table 2.

                 Early guidance with both the technical and regulatory aspects of a project
            can shorten the permit review process considerably. Regulations and permit
            applications may be reviewed or obtained at the "Permit Advisory Service" of the
            Massachusetts Coastal Zone Management Office. This service is-designed to pro-
            vide a centralized source at which a project proponent may review all of the
            necessary regulations and permit applications for a project. The service also

            provides technical assistance for project planning.

    ~~~~~~Il

                      M ~A S S
      ON\~~~~~~Z. )X
                              B A~~~~~~~

         LI~~~~~~~~~~~~~~M 2TTM"

    MASSACHUSETTS ENVIRONMENTAL POLICY ACT UNIT (MEPA)

              Permit:                 Certificate of the Secretary of
                                      Environmental Affairs

              Authority:              Massachusetts Environmental Policy Act
                                      M.G.L. c.30, ss 62-62H
                                      Massachusetts Environmental Policy Act
                                      Regulations 301 CMR 10.01 - 10.35

         MEPA regulations require project proponents to fully disclose the
    potential environmental impacts that will result from a project action and
    to use all feasible measures to avoid or minimize adverse environmental
    impacts.

         MEPA reviews information and data submitted by the applicant in the
    Environmental Notification Form (ENF) and comments from the regulating agencies
    and the public to determine whether an Environmental Impact Report (EIR) is
    required.

         No state permits may be issued until the Secretary certifies that 1) no
    EIR is required or 2) the submitted EIR is adequate.

         Thresholds which categorically include or exclude a project in the
    MEPA review process are defined in the MEPA regulations. For a complete listing
    of these thresholds, see the regulations cited above or contact the MEPA
    office. The following examples of categories and thresholds for inclusion in
    the requirement to file an ENF pertain to dredging and related projects

         1.   Projects involving the issuance of a Superceding Order of Conditions
              under the Wetlands Protection Act for dredging, removing, filling, or
              alteration of more than one acre of resource area subject to the
              Coastal Wetlands Regulations.

        2.   Projects proposed under a Chapter 91 license that involve the
              filling, dredging, constructing, riprapping or other direct altera-
              tion of more than 500 feet of waterway bank.

         3.   Projects involving the licensing of construction for new marinas
              having more than 50 slips.

         4.   Projects involving the dredging of 10,000 or more cubic yards of
              sediment.

    HOW TO FILE

                  Examine Section 10.32 of the above cited regulations and consult
                  with the MEPA Office to determine whether the project must be
                  included in a MEPA review.

          *                                      ~~~~~~~~~~~~-6-

    I              -  ~~~~If the project is not determined to be not categorically excluded
                       under Section 10.32 of the MEPA Regulations, the applicant must
                       submit an Environmental Notification Form (ENF) and a Water
    I                 ~~~~~Quality Certificate application to the MEPA Unit and to all par-
                       ticipating agencies and entities as designated in Appendix B
                       (Section 10.31) of the MEPA Regulations.

    I                  ~~~~~The ENF is a project information form which requests detailed
                       information on the project, including engineering plans and
                       anticipated environmental impacts. It must be filed no later
                        than 10 days after filing the first application for other required
                       state permits or for state financial assistance for a project.

                       When a project is directly undertaken by a state agency, the ENF
                       will usually be filed: 1) one year prior to the projected pro-
                       ject commencement date; 2) prior to entering into a contract for
                       the final design; or, 3) within 10 days of any permit application
                       to another agency, whichever is earliest.
                       -If there are changes to a proposed project, the applicant must
    I                 ~ ~~~~~notify the MEPA Unit, which will decide whether the change signi-
                        ficantly affects the environmental consequences of the project
                        and warrants additional review or submission of a new ENF.

                        Examples of such project changes include changes in project
                        size, increases in the emission of pollutants, or increases in
    *                   ~~~~~~the use or depletion of resources.

         THE REVIEW PROCESS
         ENF and Comment Period

                     -   Notice of the receipt of an ENF and a 21 day public
                         comment period will be published by the MEPA Unit in
    3                    ~~~~~~the Environmental Monitor (see Appendix IV).

                     -   During this 21 day time, the proponent, all par-
                         ticipating parties, and any agency which has jurisi-
    I                  ~ ~~~~~diction by law or special expertise may, by phone,
                         letter, or at a designated meeting, consult with the
                         proponent and MEPA and reqest additional information.
    I                 ~ ~~~~~These parties may then submit recommendations to the
                         MEPA Unit regarding the need to prepare an EIR.

                     -   At the end of the public comment period, the Secretary
    I                  ~ ~~~~~of Environmental Affairs will issue a certificate
                         stating whether or not an EIR is required.

                                           -7-

    Scoping Session and Comments

                -   If the project requires an EIR, the MEPA Unit will
                    define the scope of the EIR during the initial 21 day
                    review period, in consultation with the applicant and
                    participating agencies.

                    Interested members of the public are invited to submit comments
                    on this scope to the MEPA Unit by the twentieth day following
                    publication of the ENF in the Environmental Monitor. MEPA will
                    then determine the form, content, level of detail and alter-
                    natives required for the EIR and may establish other guidelines
                    as to its preparation.

                   This scope is issued as part of the Certificate of the
                    Secretary of Environmental Affairs.

    Draft EIR

                -   Drafts of the EIR will be submitted by the applicant to the
                    MEPA Unit and to other agencies listed in the MEPA regulations.
                    Notice of the availability of the Draft EIR will be published
                    in the Environmental Monitor. Comments by public agencies
                    and the public on the Draft EIR must be received by MEPA
                    within 30 days of publication of its availability.

                -   Within 7 days of the end of the Draft EIR public comment
                    period, the MEPA Unit will issue a written statement indicating
                    whether or not the Draft EIR adequately complies with the MEPA
                    regulations and the Scope issued by MEPA. If MEPA does not
                    issue a statement, this will be considered in, effect,
                    a statement that the draft does comply.

    Final EIR

    Fi na l   ER   -   MAfter the comment period on the Draft EIR, the propo-
                    nent must answer all questions raised by reviewers of
                    the Draft EIR in a Final EIR. The availability of the
                    Final EIR must also be noticed in the Environmental
                    Monitor.

                -   Public comments on the Final EIR must be received by MEPA
                    within 30 days of publication of its availability.

                -   Within 7 days after the end of the public comment period, MEPA
                    will issue a written statement indicating whether the Final EIR
                    adequately complies with its regulations.

                I  -   If an EIR is required for a project, other state agencies may
                    not act on their permit applications until 60 days after the
                    availability of the Final EIR but must act within 90 days of
                    publication of the notice of availability of the Final EIR,
                    unless the filings to these agencies are incomplete.

            THE REVIEW/PERMITTING AGENCIES

                 DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING
                 Division of Wetlands and Waterways

                      Permit:            Order of Conditions

                      Authority:         Massachusetts Wetlands Protection Act, M.G.L. c.131,
                                         s.40; Massachusetts State Wetlands Regulations, 310
                                         CMR 10.00

                                         Part   I -  Regulations For All Wetlands
                                                     310 CMR 10.01 - 10.20
           I                            ~ ~~~~~~~~Part  II -  Additional Regulations for Coastal
                                                     Wetlands. 310 CMR 10.21 - 10.50
                                         Part III -  Additional Regulations for Inland
              I                                      ~ ~~~~~~~~~~~Wetlands.  310 CMR 10.51 - 10.98

     I           ~~~The purpose of the Coastal Wetlands Regulations is to protect seven public
            interests provided by various wetland resource areas. The public interests,
            defined in the Wetlands Protection Act, include fisheries, land containing
             shellfish, storm damage prevention, flood control, groundwater supplies, the
            prevention of pollution, and the protection of public or private water supply.

     *           ~~~Projects subject to the Coastal Wetlands Regulations are those which in-
            volve filling, dredging, removing, or altering 1) any coastal wetland,
            coastal beach, dune, tidal flat, salt marsh, estuary, creek, river, stream,
            pond, or lake, or waters that are anadramous/catadramous fish runs or, 2) land
            under said waters, land subject to tidal action, coastal storm flowage, or
            flooding.

     *           ~~~The regulations include performance standards for projects on land under
            the ocean, in designated port areas, on coastal beaches, coastal dunes, barrier
            beaches, coastal banks, rocky intertidal shores, land under salt ponds, land
    I      ~ ~containing shellfish, and on salt marshes.  For example, a project "Shall not
            destroy any portion of a salt marsh" and "shall not have an adverse effect on
            the productivity of a salt marsh."

     I           ~~~Under the Wetlands Protection Act, all projects which involve filling,
            removing or altering any of the resource areas listed above require the filing
            of a Notice of Intent with a local Conservation Commission, which may then deny
            the project or issue an Order of Conditions.
                 In general, the Order of Conditions Conditions is in effect for three to
            five years from the date of issuance. However, an Order of Conditions for
            dredging is in effect for ten years. During that time period, written notice for
            each maintenance dredging activity within the same dredging footprint, must be

             I                                     ~~~~~~~~~~~~-9-

            submitted by certified mail, but a new Order of Conditions is not required and
            the original Order remains in effect.

                 In some cases, a Notice of Intent and Order of Conditions may also be
    I     ~ ~required for the disposal or dewatering of dredged material.  Often, the Order
            of Conditions includes both the dredging and disposal aspects of a project. In
            these cases, if the disposal site remains the same, the Order of Conditions for
    I      ~ ~the disposal is effective for five years.  If the disposal site changes during
            maintenance dredging that is covered under the original permit, a new Order of
    *       ~~Conditions is required.

            HOW TO FILE

      I           - ~~~Contact your Conservation Commission or the DEQE-Division of Wetlands in
            your region to obtain a Notice of Intent Form and to determine whether your pro-
    *       ~~ject involves maintenance or improvement dredging.

                 - Submit to your local Conservation Commission and the DEQE Regional
            Office:

      I               ~~~~*  A completed Notice of Intent form;
                      * $25.00 filing fee;
                       * A locus map, including the nearest roads and streets;
                      * An 8112" x 11" section of a U.S. Geological Survey
                          quadrangle sheet showing the location of the proposed activity;
                      * A project plan for dredging and disposal (if applicable);

                      * Sediment sampling tests (see p._: Testing Requirements)

    * ~~REVIEW PROCESS

                  For a detailed description of the Wetlands review process, see the
            Massachusetts Wetlands Protection Act (MGL ch. 131, see. 40) and the Coastal
            Wetlands Regulations. In summary, after receipt of the above information:
                       -   The Conservation Commission will review the project application
                           and information with reference to the state Coastal Wetlands
                           Regulations and will conduct a public hearing within 21 days of
                           receipt of a completed Notice of Intent.

      I               ~~~~- The DEQE Regional Office will issue a project file number upon
                           receipt of the completed Notice of Intent from the Conservation
       *                  ~~~~~~Commission.

                       - The Conservation Commission may then issue an Order of Conditions
      I                 ~ ~~~~(Wetlands Permit) within 21 days after the close of the public
                         hearing. The Order of Conditions will state the conditions that
                         have been attached to the project, such as time restrictions for
                         project construction, monitoring requirements, and permitted
                         dredged material disposal site locations.
                       - Within 10 business days after issuance of the Order, an appeal of
      I                 ~ ~~~~the Order may be isssued by DEQE or it may be requested of DEQE by
                          the applicant, any abutters to the project, any ten residents of
                          the city or town where the work is to be done, or any person
      I                 ~ ~~~~~aggrieved by the Order.
                       - Within 70 days from the receipt of such a request, the
                         Commissioner of DEQE or his designee will issue a Superceding
                         Order of Conditions which shall include conditions which may regu-
                          late or prohibit the proposed activity.

      I               -  ~~~~The Superceding Order of Conditions may be appealed by the same
                        persons listed above, through an ajudicatory hearing in accor-
                         dance with Chapter 30A of the Massachusetts General Laws.

           ADDRESSES

    I           ~~~DEQE - Division of Wetlands and Waterways (main office)
                        I Winter Street
                       Boston, MA 02108
     I               ~ ~~~~617-292-5695
                DEQE - Northeast Region (Cohasset to Salisbury)
                        209 New Boston Road
                       Woburn, MA
                        6 17-935-2 160

    I           ~~~DEQE - Southeast Region (Scituate to Rhode Island border, Cape Cod and the
                                          Islands)
                       Lakeville Hospital
     I               ~ ~~~~Lakeville, MA
                        617-727-1440

            1) DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING
    *          ~~~Division of Wetlands and Waterways

                                  Permit:         Wetlands Order of Restrictions

         I                        ~~~~~~~~Authority:  Massachusetts Wetlands Restrictions Act
                                                  G.L. c.130, s.105
                                                   302 CMR 4.00 - 4.19

                 While the federal Wetlands Protection Act (M.G.L. c.131. s.40) considers
            projects proposed in wetlands areas on a case by case basis, the Massachusetts
            Wetlands Restriction Program regulates significant wetlands resource areas in
            advance through mapping and enacting permanent Orders of Restriction.

                 Ownership rights are not affected by these restrictions,- which are designed
            to guide land use towards the promotion of public health, safety and welfare;
            and the protection of public and private property, wildlife and marine
    *       ~~fisheries.

                 Welands areas are evaluated for restriction and mapped by the program
            staff. After a public hearing and with approval of the Department, specific
            areas are restricted. The order of Restriction is recorded in the appropriate
            County Registry of Deeds and a marginal notation is made either on the deed of a
            recorded parcel or the Land Court Certification of a registered parcel.

     I           ~~~The Order generally prohibits large scale alterations such as filling,
            dredging and discharge of pollutants. Permitted activities generally include
            agriculture and aquaculture; building and maintenance of docks and piers, upkeep
    I      ~~of existing roads, marine channels and structures; and construction and main-
             tenance of temporary structures that are erected on pilings.

                  Contact the Wetlands Restriction Program to determine if the proposed
             activity is located in a restricted wetland, and if so, what restrictions have
            been placed on the area.

            ADDRESS

                  DEQE - Division of Wetlands and Waterways
                  Coastal Wetlands Restriction Program
                  I Winter Street
                  Boston, MA 02108

                  617-727-3160

             *                                      ~~~~~~~~~~~~-12-

    3       ~~DEQE -Division of Wetlands and Waterways

                 Licenses and Permits:                 Chapter 91 License (projects involving
                                                      dredging and construction)
                                                      Chapter 91 Permit (projects involving
                                                      dredging only)

     I           ~~~Authority:                          Massachusetts State Waterways
                                                      Regulations, M.G.L. c.91; 310 CMR
                                                      9.01 -9.99

                  Commonly known as the state tidelands law, Chapter 91 regulates acti-
            vities including construction, dredging and filling carried out in tide-
    *       ~~lands as well as in Great Ponds and certain rivers and streams.

                  Traditionally the purpose of these regulations has been to protect
             the public rights of navigation, fishing and fowling in the foreshore (the
    U      ~ ~areas between the high and low tide marks), which is privately owned, and
             all rights in Commonwealth tidelands (all lands and waters seaward of the
             low water mark and within the three mile seaward limit of the
    3       ~~Commonwealth's jurisdiction (see fig__).

                  Pursuant to the 1983 amendments to the law, the term tidelands was
             expanded to encompass both flowed tidelands (those that presently lie bet-
            ween the mean high water mark and the three mile seaward limit of state
            jurisdiction) and filled tidelands (those which at one time were flowed
             but presently lie above the mean high water mark due to the presence of
             artifical fill).
                  Chapter 91 licenses are issued by the Department of Environmental
             Quality Engineering (DEQE) Division of Wetlands And Waterways. No license
             is issued unless three basic conditions are met:

                       * all proposed structures and fill must comply with a set of
    I      ~ ~generic requirements concerning environmental and structural criteria, the
             right of the public to fish fowl and navigate and pass over and through
    *       ~~water.

                       * the project as a whole, exclusive of fill or structures for
             water-dependent use of private tidelands, must be determined to serve a
             proper public purpose and to provide greater public benefit than detriment
             to public rights in the tidelands.
                       * all proposed structures and fill for non-water dependent use
    I      ~ ~of tidelands must be consistent with the policies of the Massachusetts
             Coastal Zone Management Program.

             I                                       ~~~~~~~~~~~~-13-

                 In addition, chapter 91 establishes criteria f or licensing and permitting
    I      ~ ~such as:
                      -   Structural Requirements - For example, except in Designated Port
                          Areas, any seawall, bulkhead or revetment must be built landward
                          of the high water mark to permit proper slope design. Also, if a
                           proposed solid fill structure will interfere wil sediment transfer
                          processes, it will not be licensed by the Division.

                      -   Criteria To Reduce Hazards To Navigation - For example, piers or
                          other structures which extend into an existing channel and impede
                          free passage, impair any line of sight required for navigation, or
                          require the alteration of the established course of vessels will
                          not be licensed.

      I~~~~~ -Criteria To Assure Public Rights and Public Lateral Access -For
                          example, any dredging which significantly interferes with any
                          person's right to approach their property from the sea will not be
       I                 ~ ~~~~licensed.  Similarly, all projects which will obstruct lateral
                          access below the low water mark must be constructed to allow for
                          public passage in the exercise of the reserved public rights of
                          fishing, fowling & navigation.

                      -   Criteria to minimize adverse effects to resource areas, land under
                          the ocean, coastal beaches, tidal flats, banks, salt marshes and
                          ponds, shellfish beds and areas, and anadromous/catadromous
                           fishruns - For example, a proposed project in a salt marsh or
                          within 100 lateral feet of a salt marsh will not be licensed if it
        *                  ~~~~~will destroy any portion of the salt marsh or have an adverse
                           effect on the productivity of the salt marsh.

     U           ~~~Finally, DEQE is considering  a regulation that would categorically exclude
            specified uses in certain locations because they do not meet the statutory tests
    3       ~~for approval or are otherwise not in keeping with the intent of the Act.

                 These prohibitions may apply to Areas of Critical Environmental Concern
            (ACEC's), Designated Port Areas and certain flowed tidelands.

    I      ~~HOW TO FILE

     3           ~~~Submit to the DEQE-Division of Wetlands and Waterways:

                      * A completed Chapter 91 license or permit application;

                      * Project plans drawn according to size, scale, and color detailed in
                          the Chapter 91 Regulations. These drawings and plans should
                          include factors such as:

           *                                      ~~~~~~~~~~~~-14-

                        - the state harbor line and the United States Pierhead and
     I                   ~ ~~~~~Bulkhead Lines (if any) opposite the proposed structures.
                           These may be obtained from the DEQE- Division of
                           Wetlands and Waterways and from the U.S Army Corps of
                           Engineers;
     *~~~~~~ -shore and boundary lines

                        - mean high, mean low and extreme low water lines;

                        - all existing structures and corresponding license numbers
     I                   ~ ~~~~~including those standing in the water at mean high tide;

                        - dimensions, outlines, and main features of all project proposals
     I                   ~ ~~~~~to be licensed;

                        - the amount of fill to be placed in tidewater;

                        - cross sections to show the number of piles (if any) to be driven

    *               ~~~~~* The volume of sediment to be dredged;

                    * The proposed dewatering and disposal site;

                    * Changes in bathymetry resulting from the dredging.

          REVIEW PROCESS

    1                - ~~~~Upon receipt of an application, the Division of Wetlands and
                      Waterways will evaluate evaluate the need for supplemental inf or-
                      mation in making proper findings under the chapter 91 regualtions
                       and will determine whether the project is subject to review under
                       the Massachusetts Environmental Policy Act Regualtions (MEPA).

                      Notice will be given by the Division to the aldermen, selectmen, or
                       city council and the Conservation Commission of the municipality in
                      which the work is to be performed, and to the federal and state
                       regulatory agencies. This notice will state that any aggrieved
                       person or ten citizen group that submits written comments may also
                       petition to intervene to become a party within 45 days.

    I                 ~~~~~The proponent must advertise the project and mandatory public
                      hearing in the affected city or town for one day in a newspaper
    *                 ~~~~~having a general circulation in the area.

                      Any person may submit written comments to the Division and to MEPA
                       on any license or permit application within 45 days after notice of
    *                 ~~~~~the application is published in the newspaper*

            I                                      ~~~~~~~~~~~~-15-

     I                 ~~~~~No permit or license will be issued sooner than 45 days after publi-
                        cation of the project notice in the newspaper. If the project is
                        categorically included for MEPA review, the Chapter 91 license or
                        permit will only be issued after the MEPA review is completed.

                        The Division will act on a license or permit within 90 days after
                        the publication in the Environmental Monitor of the availability of
      I               ~ ~~~~the Final Environmental Impact Report, within 90 days of the
                        Secretarial determination (MEPA decision) that an EIR is not
                        required, or within 90 days after the completion of the license
                        application, whichever is the latest.
                        The Division will assess fees for projects involving actions
                        resulting in the displacement of water below the mean high water
                        mark.

           ADDRESS

                DEQE -Division of Wetlands and Waterways
                I Winter Street
                Boston, MA 02108
    *          ~~~617-727-3160

              *                                      ~~~~~~~~~~~~-16-

            DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING - DEQE
    I      ~ ~Division of Water Pollution Control

                          Permit:              Water Quality Certificate

                          Authority:           Water Pollution Control Regulations
                                              Massachusetts Clean Water Act
                                              M.G.L. c, 21, s.27 (12).
                                              314 CMR 9.00 - 9.91

                 The purpose of the Water Pollution Control Regulations is to ensure that
    I      ~ ~dredging, dredged material disposal, filling, coastal construction, and
            discharge activities in navigable waters of the Commonwealth are in compliance
            with state water quality standards and with Division regulations and policies.

     I           ~~~Under the Water Pollution Control Regulations, navigable waters are
            those waters between mean high water and three miles seaward of baseline which
            is the seaward limit of state jurisdiction ( See Figure #1).

                 According to Section 401 of the Federal Water Pollution Control Act (33
            U.S.C. 1341), any applicant for a federal license or permit to conduct any
    I      ~ ~activity which may result in a discharge into the navigable waters of a
            state must provide the federal licensing agency with certification from that
            state's water pollution control agency that the proposed discharge will
            not violate applicable federal or state discharge limitations or water quality
            standards.
                 Thus, dredging, dredge disposal, filling in navigable waters, and
            upland disposal which involves dewatering runoff into navigable waters each
            require a state Water Quality Certificate. The disposal of sediments in
            ocean waters beyond the state three mile limit is not regulated by the
    *       ~~Division of Water Pollution Control.

                 The Division requires a completed Standard Application Form in order to
            determine whether a project complies with state and federal water quality
    I      ~ ~regulations. This form requests detailed project information on factors such
            as project location, channel width and depth, volume of material to be
            dredged, etc. In addition, environmental testing of grain size, bulk sedi-
    I      ~ ~ment chemical, and bioassay/bioaccumulation tests may be required to assess
            the quality of the dredged material.

                 The Division will determine which tests are required, the number and
    I      ~ ~location of sediment samples to be collected, and the sampling methodology.
            The results of each of these tests (physical and chemical characteristics)
            are then classified according to standards provided in the Water Pollution
            Control Regulations.
                 As part of this classification, the sediments are assigned a type
            according to a range from coarse grained material, such as sand, to finer
            sediments such as clay, and placed in categories according to their con-

             I                                    ~~~~~~~~~~~-17-

    I       ~~centration of chemical contaminants. A listing of sediment types and cate-
            gories, as defined in the Water Pollution Control Regulations, is provided
    *       ~~in Table-.

                 On the basis of this classification and the completed application form,
            conditions for dredging are imposed, permitted disposal methods and site
    I      ~ ~locations are stipulated, and a Water Quality Certificate is issued for the
            project.

            HOW TO FILE

             Submit to the Division of Water Pollution Control:

      *~~~~~ -acompleted Standard Application Form and/or
                           Supplemental Information Form;

                       -   results of physical, chemical and biological tests of
       I                 ~ ~~~~~the dredged sediments;

                       -   plans, maps, required drawings, etc.

            REVIEW PROCESS

                         - A Water Quality Certificate cannot be issued until the MEPA
                           review is completed. The Division will act on a Water Quality
                           Certificate application within 90 days of the publication of the
                           notice of the availability of the Final EIR, within 90 days of
       I                 ~ ~~~~publication of the notice that an EIR is not required by MEPA, or
                           within 90 days of the completion of the full application,
       *                  ~~~~~whichever is the latest.

             DEQE - Division of Water Pollution Control

                      Permit:         Sewer Extension and/or Connections Permit

                      Authority:      M.G.L. c. 21, s.43, CMR - none

     H           ~~~The purpose of the sewer extension and connection permit is to ensure the
             proper design and use of sewerage systems as new facilities are connected
             to the main system. The capacity of downstream sewer lines and treatment
             facilities to adequately carry and treat additional flow is examined during
             the review process.

     I           ~~~This review ensures that inadequate downstream capacity does not result
             in sewerage discharge into Massachusetts waters or that any downstream
             reduction in sewage treatment levels do not violate the National Pollutant
    I      ~ ~Discharge Elimination system permit for the main system.

                (For a discussion of permits related to subsurface sewage disposal facili-
            ties (Title 5), refer to page __under "Additional Planning Considerations.")

            HOW TO FILE

                            - Request approval of extension/connection permit application
                              the municipality or district in which the sewage system connec-
        *                     ~~~~~~tion is to be made.

                            - Submit to the Division of Water Pollution Control:

        *                      ~~~~~~~* a completed permit application;
                                * the above referenced local approval;
                                * construction plans and specifications of the proposed
         I                       ~ ~~~~~~connection/extension, according to the Division' s require-
                                  ments.

    *       ~~The Review Process

                 For a detailed description of this permit review process, see the above
            referenced laws and contact the Division. In summary, after receipt of the above
    I      ~ ~information:

                          -   The Division will make an initial determination to issue or
                              deny the permit and will determine permit conditions within
                              30 days of receipt of the application.
                          -   Within twenty 21 days from the publication of the initial
                             determination mination, any interested person may comment and
                              request a public hearing.

       *~~~~~~ -The Division will issue a final determination to issue or deny
                              the permit. Within thirty days the applicant or concerned par-
                              ties may request an adjudicatory hearing. The extension/ con-
        *                     ~~~~~~nection permit is then granted or the denial becomes final.

                                                    -19-

            DEQE -Division of Water Pollution Control

                       Permit:                         National Pollution Discharge Elimination
                                                     System (NPDES)

                       Authority:                      MGL, c.21 s.43, 33 USC 1342 (section 402
              I                                      ~ ~~~~~~~~~~~of the Federal Water Pollution Control
                                                     Act).
              *                                       ~~~~~~~~~~~~Massachusetts Water Quality Standards
                                                      (Massachusetts Register Issue No. 124,
                                                      September 21, 1978). Effluent Standards
              I                                      ~ ~~~~~~~~~~~promulgated by the EPA (40 CFR Part 400
                                                     et. seq.); and Standard Rules for
                                                     Adjudicatory Proceedings.

                  Any point source discharging pollutants into the waters of the United
    I      ~ ~States requires a NPDES permit.  Federal definition of such sources may not
             coincide exactly with Massachusetts definition, therefore, anyone proposing to
            discharge pollutants (including power plant cooling water) within the
            Commonwealth should contact both the Environmental Protection Agency and the
            Division of Water Pollution Control.
                  The purpose of the NPDES program is to protect water quality. The con-
    I      ~ ~ditions of the permit establish pollutant discharge quantity and quality limita-
             tions in order to maintain quality classifications assigned to the waters of the
             Commonwealth or the Federal effluent standards assigned to a particular category
    I      ~ ~of sources, whichever is more stringent.
                  The permit also establishes interim levels of pollutants which may be
            discharged from a point source where the treatment technology currently employed
    I      ~ ~by such a source is unable to meet final limits established in the permit.  In
             this case the permit also establishes an implementation schedule for construc-
    *       ~~tion of the needed technology.

                  All permits require the permittee to monitor pollutant levels in its
             discharge and to report sample analyses to both the EPA and the Division of
    I      ~ ~Water Pollution Control in accordance with a schedule in the permit.
                  Permits are issued for a term not exceeding five years.

    I       ~~How To File/The Review Process

                  By written agreement, the United States Environmental Protection Agency
    I      ~ ~(EPA) and the Massachusetts Division of Water Pollution Control (DWPC) jointly
             process and issue permits for discharges in the Commonwealth. The applicant
            must file with both agencies. The review process, which is directed by federal
             requirements, may take up to two years if parties exercise their right to ajudi-
             catory hearings.
                  For a detailed flow chart and explanation of the review process, contact
    I      ~ ~the Division of Water Pollution Control.

                                           -20-

    Other Division of Water Pollution Control Permits

    1.   Subsurface Sewage Disposal Facilties

         MGL c.111, s.17,; c.21A, s.1,
         CMR 310:15.19; c.21, s.43

         All subsurface sewage disposal systems require approval for construction.
    Systems servicing less than 15,000 gallons per day require approval of the
    Division via the issuance of this permit.  For subsurface discharge of
    industrial waste of any amount, discharge plan approval and permit issuance by
    DEQE is required.

    2.   Industrial Waste Treatment Facilities Approval

         MGL c.21, s.27(13), Massachusetts Register Issue
         number 124, September 21, 1978).  Treatment must
         satisfy water quality standards, effluent limitations
         (40 CFR part 400) and/or sewer use ordiance.

         Approval is required for all new industrial waste water treatment facili-
    ties or significant modifications of existing facilities. A review is made to
    determine whether the proposed treatment will meet water quality standards,
    effluent limitations, and other applicable regulations, and whether the proposed
    design is in accordance with modern sanitary engineering practice.

    3.   Marine Oil Terminal License

         MGL c.21, ss. 50-50A CMR - none

         License is required for all terminals in the Commonwealth for loading or
    discharge of petroleum products from vessels.

    ADDRESS

         DEQE - Division of Water Pollution Control
                1 Winter Street
                Boston, MA 02202
                617-727-3855

    DEPARTMENT OF ENVIRONMENTAL ENGINEERING
    DEQE-Division of Water Supply

             Permit:              Cross Connection Permit

             Authority:          M.G.L. c.111, s.160A, 310 CMR 22.22

         A cross connection permit is required whenever there is a connection bet-
    ween a potable water supply and nonpotable water, including water sources for
    fire protection, chemical-containing sprinkler systems, boiler feed water,
    recirculated chilled water systems, process waters, hospitals and manufacturing
    plants.

    HOW TO FILE

              - Submit design data sheet to DEQE Regional Office

    THE REVIEW PROCESS

              - Region will approve or disapprove the permit application within 60
                 days based upon diagram and compliance with regulations.

    DEQE - Division of Water Supply

              Permit:              New Source Approval

              Authority:            M.G.L. c.111, s.5G, 17, 160, 310 CMR

         Approval is required for the construction of a new system or the
    substantial modification of an existing system providing piped water, if the
    system has at least 15 service connections or regularly serves an average of at
    least 25 individuals daily at least 60 days per year. It does not apply to a
    system which: 1) consists only of distribution storage facilities, 2) obtains
    all of its water from another system regulated by DEQE; 3) does not sell water
    to any person, and; 4) is not a passive carrier.

    ADDRESS

         DEQE - Division of Water Supply
         1 Winter Street
         Boston, MA 02108
         617-727-2692

             *                                     ~~~~~~~~~~~~-22-

    I       ~~DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING
            Division of Solid and Hazardous Waste

      U              ~~~~Permit:                 Waste Disposal Facility,
                                                Landfill/Upland Dredged Material
            3                                  ~~~~~~~~~~~Disposal Site Plan Approval

                      Authority:                 M.G.L. c.111, s.150A; Regulations for
                                                the Disposal of Solid Wastes by Sanitary
            I                                 ~ ~~~~~~~~~~Landfill, 310 CMR 99.00, 310 CMR 30.00
                                                E.P. Toxicity

                  The Solid Waste Regulations are intended to provide effective criteria and
            methodology for the approval of sanitary landfills for solid waste disposal.

                  In the Commonwealth of Massachusetts, material is considered a solid waste
             if it is both non-hazardous and 18-20% solids. Dredged and excavated sediments
    I      ~ ~are non-hazardous if they are less than 50 ppm polychlorinated biphenyls, less
             than 3% oil and grease and if they pass the EP Toxicity Test (see page
             Local Boards of Health use these criteria to evaluate new land areas for use as
             landfills and to make site approvals for the upland disposal of dredged and
             excavated material.
                  The siting criteria provided in the solid waste regulations include pro-
    I      ~ ~hibitions against the use of wetland areas, areas subject to flooding, and areas
             where the lowest point of refuse will be less than four feet of earth from maxi-
             mum groundwater elevation. The regulations also provide criteria for site
             operation.
                   For a complete list of requirements and criteria for a plan approval
             and site operation, contact the Division of Solid and Hazardous Waste and the
             local Board of Health. For information on upland disposal of dredged sanitary
             landfill, contact the DEQE-Regional Office (see page__)

     *           ~~~It is important to note that even if chemical tests indicate that the
             levels of metals or PCB's in the sediments are not classified as "hazardous"
             but are significantly high, they may require special handling and be con-
             sidered a "special waste". Again, this would require local Board of Health
             approval.

                  If the materials are classified as hazardous, the sediments will require a
             manifest from point of dredging to the point of disposal, a licensed operator to
             transport the hazardous waste, and disposal at a licensed hazardous waste faci-
             lity. For additional information regarding the disposal of hazardous dredged

             material, contact the Division of Solid and Hazardous Waste.

                                           -23-

    HOW TO APPLY

        To utilize a new landfill site submit to the DEQE-Regional Office

                * a letter describing plans and operating procedures for the
                  use of the site.  This should include the volume of material for
                  disposal.

                *EP Toxicity Test results and bulk sediment chemical tests
                  results for PCB and oil and grease to document that the materials
                  are not hazardous (see "Environmental Testing", p.-).

                * notification from the local Board of Public Health that the site
                  has been approved. This must be sent to the Department within
                  sixty days of the local approval.

                * analysis of the moisture content of the dredged and excavated
                  material (after dewatering).

         For an existing landfill submit to the Division of Solid and Hazardous
         Waste:

         Was: * a letter identifying the landfill to be used and the volume
                  of material to be placed at the site.

                * bulk sediment chemical analyses of the heavy metals, PCB, oil
                  and grease.

               *analysis of moisture content of the dredged or excavated material
                  (after dewatering).

                *notification from the local Board of Health that the site has been
                  approved

    THE REVIEW PROCESS

         For Approval of a New Landfill

              - no formal timetable or review process

         For Approval of an Existing Landfill

              - no formal timetable or review process

    ADDRESS

         DEQE - Division of Solid and Hazardous Waste
                100 Cambridge Street
                Boston, MA 02202
                617-727-3260

                                           -24-

    MASSACHUSETTS COASTAL ZONE MANAGEMENT OFFICE

              Permit:               Federal Consistency Review Decision

              Authority:            Coastal Zone Management Act of 1972, CFR 930
                                   (16 U.S.C. 1451 et. seq.
                                   (federal act); M.G.L.-c.21A; M.G.L. c.6A s. 2-7,
                                   (state act); Establishment of the Coastal Zone
                                   Management Program, 301 CMR 20.01-20.99 (state
                                   regulations); Coastal Zone Management Programs-
                                   Federal Consistency Review Procedures, 301 CMR
                                   21.01-21.26

         The federal Coastal Zone Management Act of 1972 as amended empowered state
    with approved Coastal Zone Management programs with the authority to review pro-
    jects involving federal funding, federal permitting, and other federal actions
    proposed within the coastal zone to determine whether or not these actions were
    consistent with state coastal policy. Therefore, U.S. Army Corps of Engineers
    permits for construction in wetlands or for dredging or dredged material dispo-
    sal cannot be issued until the project is determined to be consistent with the
    MCZM Program.

         To expedite the federal consistency review process, dredge project plans
    should be designed in accordance with MCZM Policies and other applicable state
    environmental regulations. For technical assistance with project design,
    contact the MCZM staff early in the planning stage.

         To be subject to federal consistency review, a project must meet three
    main criteria:

        1.   The project must be located within or must directly affect the
              Massachusetts coastal zone. The Massachusetts coastal zone is defined
              as:

                    "land and waters within the area bounded by the seaward limit
                    of the state's territorial sea (i.e., 3 miles from the baseline
                    - see fig. #1) ... and landward to 100 feet inland of specified
                    major roads, rail lines, or other visable rights-of-way
                    (Massachusetts Coastal Zone Management Program, p. 14).

                    A detailed road-by-road definition of the MCZM boundry is
              included in the publications; 1) Massachusetts Coastal Zone
              Management Program, 1978, and; 2) Massachusetts Coastal Regions and
              an Atlas of Resources (Chapter 5.)

                    Both publications are available at the MCZM Office and at
              town halls or libraries in coastal communities. For assistance in
              determining if a project is located within, or affects, the coastal
              zone, contact the MCZM Office.

             *                                      ~~~~~~~~~~~~-25-

                       In unusual cases, projects outside the coastal zone might be subject
                       to federal consistency review if the project is expected to have
                      impacts on the coastal zone (and criteria 2 and 3 below were met as
                      well). For example, a project technically outside the coastal zone
                       but potentially affecting an anadromous fish run in a coastal com-
                      munity might be subject to this review. As another example, the
                      disposal of dredged material at an ocean site beyond the three mile
                       limit jurisdictionis subject to consistency review if it was deter-
                       mined to have an impact on fisheries resources, state water quality,
                      or the state's economy.

                  2.   Projects which involve dredging, filling, construction, and federal
                      actions. Virtually all dredging and navigation improvement projects
                       involve a federal action of some type. The U.S. Army Corps of
                       Engineers, for example, issues permits or licenses, provides funding,
                      and/or conducts dredging and related projects for individuals, com-
                      munities, or state agencies. Any of these licenses, permits,actions
                      may be subject to MCZM federal consistency review if the project
                      meets criteria I above and 3 below as well.

                 3.   The project must involve MEPA review.  If a project exceeds the cate-
                      gorically excluded thresholds of MEPA and if criteria I and 2 are
                      met, the project will be subject to federal consistency review by
                      MCZM.

    *       ~~HOW TO FILE

                          -Contact MCZM for technical and planning assistance and to deter-
                           mine whether the project will be subject to federal consistency
                            review. Then submit to MCZM:
                                 * A copy of the project application for federal licenses,
                                   permits, etc.

                                 * A copy of the Secretarial Certification from MEPA that an
                                   EIR is not required or that the EIR is adequate.

                                 * Supporting project documentation (i.e., plans, maps,
                                   geological, chemical, biological test results, etc.).

         I~~~~~~~ *Certification of federal consistency (a copy should also
                                   be sent to the federal agency involved in the project).
                                   This is usually a 2-3 page document produced by the appli-
         I                       ~ ~~~~~~~cant explaining how the project is consistent with the
                                  MCZM policies. The letter should cite the applicable MCZM
                                   policies and should briefly describe how the project is
         I                       ~ ~~~~~~consistent with them.  A sample letter is is provided in
                                  Appendix III.

             *                                     ~~~~~~~~~~~~-26-

    I       ~~REVIEW PROCESS

                         - Upon receipt of the required material the MCZM Office will
                            publish a public notice of its formal review in the MEPA
                            Environmental Monitor (see Appendix II). However, the MCZM
                            federal consistency review process will not begin until the MEPA
       *                   ~~~~~~process is complete.

                         -   The formal review period will begin with a 21-day public com~-
                             ment period, during which time comments regarding the project
        I                  ~ ~~~~~will be reviewed by MCZM.  No decision will be issued by the
                             MCZM Office until the close of the period for public comment.

                             If the MCZM Office has not issued a decision within 3 months of
        I                  ~ ~~~~~the commencement of its review (the date of publication in the
                             Environmental Monitor) it will notify the applicant and the
                             federal agency of the status of the matter and the basis for
                             further review. In all cases, the MCZM Office will issue its
                             decision within 6 months of the commencement of its review.

                         -   If the MCZM Office objects to the consistency certification,
                             the federal agency involved may not proceed with its permit,
                             license, or funding until the objection is removed by MCZM.

                             The MCZM Office will notify the applicant and federal agency of
                             the objection and will describe how the proposed activity will
                             be inconsistent with specific MCZM Policies. MCZM will suggest
        I                  ~ ~~~~~alternative measures (if they exist) which would permit the pro-
                             posed activity to be conducted in a manner consistent with the
                             MCZM Policies. If the objection is based on the failure of the
                             applicant to supply adequate information, the MCZM Office will
                             specify the nature of the information requested and the reasons
                             for requiring such information.

       I                ~~~~~- Objection to a certification may be removed by project modifi-
                             cation or through an appeals process.

                         -   The federal consistency review is concluded when MCZM issues
                             its final "concurrence with" or "objection to" the applicant's
                             certification of federal consistency.

                       Area of Critical nvironmental Concrn (ACEC) Progra

     I ~    ~~~h Area of Critical Environmental Concern   (ACEC) programwaesblhd

    I      ~ ~in 1974 in recognition of the fact that certain land and water resources are of
            such limited nature or central importance that the protection and management of
            these resources transcend purely local concerns. To be eligible for nomination

             I                                     -~~~~~~~~~~~~27-

    I       ~~an area must contain at least five of the following features:  coastal beach,
            dune or estuary; barrier beach system; saltmarsh; salt pond; shellfish bed;
            habitat for threatened, rare, or endangered species; fish spawning or nursery
    I      ~ ~areas; other significant wildlife habitat; erosion area; flood plain; historic
            district or site; public recreational beach; or significant scenic site.

                 According to Policy 2 of the Massachusetts Coastal Zone Management Program,
             the following activities are categorically prohibited below mean high water
            within the water bodies comprising the ACEC' s:

     1           ~~~(1)   new industrial discharges and the discharge of hazardous substances
                        (once the water segments are classified anti-degradation),

                  (2)   new dredging except for maintenance of existing channels or for
                        enhancement of shellfish and other marine productivity,

                  (3)   disposal of dredged material, except in instances when the material
                        may be used for beach nourishment, dune stabilization, or marsh

                  (4)   direct discharges from new sewage treatment facilities, (once the
                        water segments are classified anti-degradation).

                  A list of the six ACEC's designated as of this printing is presented in
                  Figure

    *       ~~ADDRESS:

                  Massachusetts Coastal Zone Management Office
     I          ~ ~~100 Cambridge Street
                  Boston, MA 02202
                  (617) 7 27-9530

              *                                      ~~~~~~~~~~~~-28-

             2) DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
    I        ~ ~~Ocean Sanctuaries Program

         *                        ~~~~~~~Permit:           Ocean Sanctuaries Program approval
                                                          (no formal permit)

                                  Authority:              Massachusetts Ocean Santuaries Act
               I                                         ~ ~~~~~~~~~~~~~M.G.L. c.132A,- ss. 13-16, 18
                                                          Ocean Sanctuaries Regulations 302
                                                          CMR 5.00

                 The purpose of the Ocean Sanctuaries Program is to protect the five
            Massachusetts' ocean sanctuaries from any exploitation, development or acti-
    I      ~ ~vity which would seriously alter or otherwise endanger the ecology or
             appearance of the ocean, the seabed, or subsoil of the seabed, or the Cape Cod
             National Seashore.

     I           ~~~Because the Ocean Sanctuaries Act states that the Department "shall not
             require any additional permits," the Department acts as a trustee of the resour-
             ces of the ocean sanctuary rather than as a permitting agency. Thus, for speci-
    I      ~ ~fic activities located in an ocean sanctuary, the Department will confer with
             licensing and permitting agencies of the Executive Office of Environmental
             Affairs to ensure that the activity is conducted in accordance with the provi-
    *       ~~sions of the Act.

                 The policies of the Ocean Sanctuaries Program reflect the goals of the
             Massachusetts Coastal Zone Management Program, including the protection of
             ecologically significant resource areas and supporting the attainment of
             national water quality goals.

                 Prohibited activities in the five ocean sanctuaries, except as specifi-
             cally allowed under Sections 8.1 - 8.9 of the Ocean Sanctuaries Regulations,
             that involve or may affect dredging or dredged material disposal activities
    *       ~~include but are not limited to:

                 as   the building of any structure, such as marinas, on the seabed or under
      *               ~~~~the subsoil;

                 b.   the construction or operation of off-shore or floating electric
                      generating stations;

                 Co   the removal of any minerals, such as sand or gravel, and the drilling
                      for oil or gas;

     I           ~~~d.   the dumping or discharge of any commercial or industrial wastes.

                 Allowable activities which involve dredging or which may be affected by
    I      ~ ~dredging and dredged material disposal include:

             *                                     ~~~~~~~~~~~~-29-

                 a*   projects authorized under M.G.L. c.91, including channel and shore pro-
                      tection projects and navigation aids only if they are not otherwise pro-
                      hibited by the Ocean Sanctuaries Regulations and if they have received
      *              ~~~~state and federal approvals;

                 b.   any improvement or uses that are not specifically prohibited by ss. 14,
                      15, and 18 of the Ocean Sanctuaries Act so long as they don't change or
                      extend such structures or uses and and otherwise approved by appropriate
                      state and federal agencies. Such improvement may change or extend such
                      structures if it is specifically permitted by ss. 8.1 - 8.9 of the Ocean
                      Sanctuaries Regulations.

            HOW TO FILE

                   - Contact the Ocean Santuaries Coordinator to determine whether your
                     project is located in an Ocean Sanctuary. If the project is located
                     in an ocean sanctuary, submit to the Coordinator:

       I                 ~~~~~-   a copy of the Environmental Notification Form (ENF) submitted
                              to MEPA;

                          -   copies of all license and permit applications submitted to
                              state and federal permitting agencies.

    *       ~~REVIEW PROCESS

                 Upon notification that an activity is proposed in an ocean sanctuary, the
    3       ~~Ocean Sanctuaries Coordinator will:

                 -   Initiate informal discussions with state licensing and permitting
                     agencies to insure that the activity will be conducted in accordance
                     with the Ocean Sanctuaries Act.

                 -   If the Department finds that informal discussions fail to reconcile
                     any differences with the licensing and permitting agency, and the
                     agency is within the Executive Office of Environmental Affairs (EOEA),
                     the Department will ask the Secretary of EOEA to resolve the conflict.

                 -   It is the responsibility of all state agencies to issue, deny, or con-
                     dition permits or licenses or to conduct their activities consistently
                     with the provisions of the Ocean Sanctuaries Act.

            ADDRES S

     I             ~~~~Department of Environmental Management
                    Ocean Sanctuaries Program
                    100 Cambridge Street
     I           ~ ~~~Boston, MA  02202
                    617-727-3260

              I                                      ~~~~~~~~~~~~-30-

             3) DEPARTMENT OF FISHERIES, WILDLIFE,
                 & ENVIRONMENTAL LAW ENFORCEMENT
                 Division of Marine Fisheries

                                  Permit:                  Division of Marine Fisheries
               3                                          ~~~~~~~~~~~~~project approval (no formal permit)

                                  Authority:               Marine Fisheries Regulations
                                                          M.G.L. c.130, ss. 1-105
               1                                          ~~~~~~~~~~~~~~322 CMR

                 The function of the Division of Marine Fisheries is to manage the manner of
    I      ~ ~taking fish; the legal size limits of fish to be taken; the seasons and hours
            during which fish may be taken; the numbers or quantities of fish which may be
    3 ~~taken; and the opening and closing of areas to the taking of fish.

                 The Division also reviews proposals for coastal activities to provide
             state licensing and permitting agencies with recommendations for the reduc~-
             tion, mitigation, and, if possible, elimination of impacts to marine resour-
             ces. The Division provides data or identifies data needs necessary to render
             sound judgements regarding the regulation of such impacts.

                 Project reviews and recommendations of the Division support policies
            established by the Coastal Zone Management Program and comply with Division
    I      ~~responsibilities to review and comment on coastal activities in accordance with
             the Fish and Wildlife Coordination Act (1934) amended 16 U.S.C. 661-666c) for
             the protection of fish and fish habitat in coastal waters and streams.

                  The Division takes an active part, when requested, in the review
            process of the Massachusetts Environmental Policy Act (MEPA) and the
    I     ~ ~Massachusetts state DEQE - Chapter 91 Licensing Program in order to protect
            marine resources, promote maintenance dredging of fishing ports, and prevent
            hazards to navigation. The Division also takes part, when requested, in the
             review process of the U.S. Army Corps of Engineers Section 10 and Section 404
            Permit Program in order to protect the marine environment and resources from
            harmful effects of coastal alteration, dredging or ocean dumping.

    I       ~~HOW TO FILE

                  Filing not required. The Division of Marine Fisheries will review proposals
    U      ~ ~and permit applications for coastal activities upon request of MEPA, DEQE, MCZM
            or the U.S. Army Corps of Engineers.

             I                                     ~~~~~~~~~~~~-31-

    5       ~~REVIEW PROCESS

                 -   Projects are reviewed on a case by case basis.

                -   The DMF review is based upon the resources involved, the time of year
                     that the activity will occur, and the location of the area where the
                     activity will take place.

      I             ~~~~Areas of critical concern to the Division include fish and shellfish
                     habitat, spawning, and nursery areas, and active fishing grounds.
                     Impacts to water quality and the resultant effects to fish and shellfish
      5             ~~~~habitat, health, and productivity are also reviewed and recommendations
                     for the regulation of those impacts are provided to the state licensing
                     or permitting agency.

            ADDRESS

                    DEPARTMENT OF FISHERIES, WILDLIFE
                     & ENVIRONMENTAL LAW ENFORCEMENT
                     Division of Marine Fisheries
                     100 Cambridge Street
                     Boston, MA 02202
                     617-727-3194

              *                                      ~~~~~~~~~~~~-32-

    I       ~~UNITED STATES ARMY CORPS OF ENGINEERS/
            UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

       H                  ~~~~~~Permit:                 Section 10, 103, 404 Permits

                           Authority:                   Section 10 of the Riversand Harbors Act
              I                                      ~ ~~~~~~~~~~~~of 1899 (33 U.S.C. 403)

                                                       Section 404 of the Clean Water Act
                                                        (PL 05-217 86 Stat. 816, 33 U.S.C.

                                                       Section 103 of the Marine Protection
                                                       Research and Sanctuaries Act of 1972
                                                       (Ocean Dumping Act), 33 U.S.C. 1413)

     I           ~~~Section 10 of the Federal River and Harbor Act of 1899 states that dredging
            from or diposal of material into navigable waters of the United States, or the
            construction of any project which affects the course, location, condition, or
    I      ~ ~capacity of those waters requires a permit issued by the U.S. Army Corps of
            Engineers.

                  Section 404 of the Federal Water Pollution Control Act (Clean Water Act)
             authorizes the Corps of Engineers to issue permits for the disposal of dredged
            or fill materials in waters of the United States including wetlands.

     I           ~~~The Clean Water Act authorizes EPA to co-review Corps 404 permit applica-
            tions to determine whether the project is in compliance with federal law before
            the permit is issued. In addition, the Act empowers EPA to prohibit or restrict
    I      ~ ~the use of any area as a discharge site whenever it determines that, after
            public notice and hearings, such discharge will have an unacceptable adverse
            effect on factors such as municipal water supplies, shellfish beds, fishing
            grounds (including spawning and breeding grounds), and recreational areas.

                  Similarly, Section 103 of the Ocean Dumping Act authorizes the U.S. Army
            Corps of Engineers to issue permits for projects involving the transportation
            of dredged material for disposal in ocean waters*
                  In the Act, ocean waters are the territorial sea which extends three
            miles from the EPA specified "baseline" (see Fig. #1). In Massachusetts, the
            baseline is a straight line which extends from Cape Ann to Cohasset.

                 Those disposal sites which are located in waters seaward of the territorial sea
            must be federally "designated" under certain procedures outlined by the U.S.
            Environmental Protection Agency or at a site selected by the District Engineer
            of the Corps (33 CFR 228, 5-6). Procedures used in disposal site designation
             include extensive physical, chemical, and biological evaluations of the eco-
            system at the disposal site to evaluate the potential for the site to assimilate
            dredged material.

              I                                     ~~~~~~~~~~~~-33-

     I            ~~~As in the Clean Water Act, EPA can prevent the issuance of a Section 103
             permit from the Corps for a specific disposal project if it determines that the
             dumping of the dredged material will result in an unacceptable adverse impact
    I     ~ ~on factors such as fisheries, human health, or marine ecosystem diversity, pro-
             ductivity, or stability. This determination is made on the basis of the results
             of physical, chemical, and biological testing of the sediments to be disposed of.
             and an analysis of the potential impacts of these sediments on the ecosystem at
             the disposal site. For a detailed description of these tests, refer to p.__
             "Environmental Testing".

    I       ~~HOW TO FILE

       *              -~~~~Submit to the Corps of Engineers:

                           * A completed Engineer Form 4345, which is the same form sub-
                             mitted to the local Conservation Commission for a Notice of
                             Intent under the Wetlands Protection Act. This form requests a
                             complete description of the project, names and addresses of
                             adjoining property owners, and detailed information regarding
                             location, street number, and names of waterways affected by the
                             project;
                           * A list of the status of all federal, state, and local cer-
                             tificates, permits and approvals, along with a copy of each per-
                             mit application. This must include a copy of the application to
                             the DEQE-Division of Water Pollution Control for a section 401
        *                    ~~~~~~Water Quality Certificate;

                            *A description of the purpose of the work;

        *                  * ~~~~~One set of original or good quality reproducible drawings on
                             81/2" x 11" sized cloth, film, or paper. Contact the Corps to
                             identify drawing specifications. The set should include a
                             vicinity map (which identifies the project by street, town,
                             etc.), a plan view (including existing shorelines, high and low
                             water lines, water depths, waterward dimension from a fixed
                             structure, etc.), and an elevation and/or cross sectional view;

                            *A consistency statement (statement that the project is con-
                             sistent with the Massachusetts Coastal Zone Management Program
        I                  ~ ~~~~~Policies - see section on MCZM);
                            *A description of alternatives to fill projects.

    I     ~ ~THE REVIEW PROCESS

                           - After receipt of an application and acceptable plans, the Corps
        I                  ~ ~~~~~will issue a Public Notice of the project to local, state, and
                             federal agencies, interest groups, and individuals.

             I                                      ~~~~~~~~~~~~-34-
                             The Public Notice will describe the project and its location and
                             it will include reproductions of maps, project diagrams, and
        I                  ~ ~~~~~project cross sections that are submitted with the application.
                             The Public Notice will advertise the public comment period (not
                             less than 15 days or more than 30 days but usually for 30 days)
                             for the project and will identify the Corps contact person to
                             whom comments should be submitted.
                           - The Massachusetts Coastal Zone Management Office will review
        I                   ~ ~~~~~the federal permit for consistency with the MCZM program and
                             policies (for the detailed MCZM "federal consistency review"
                             process, see p. ),

                           - The U.S. Environmental Protection Agency, U.S. Fish and
                             Wildlife Service, and the National Marine Fisheries Service
                             will review the project for its compliance with the Ocean
                             Dumping Act and the Clean Water Act, and other relevant federal
                             Acts and may submit comments to the Army Corps of Engineers.

        *                    ~~~~~~These agencies may recommend permit conditions such as dredging
                             methods and permitted disposal site locations. EPA is also
                             authorized by these Acts to recommend the denial of a Corps
                             permit if the project does not comply with provisions in the
                             Ocean Dumping or Clean Water Acts. If this action is taken, the
                             final decision on the issuance of the permit will be made by EPA
                             and Corps officials in Washington, D.C.

                           - Once a decision is made to approve or deny the permit, the
                             applicant will sign two copies of the permit form and return
        I                  ~ ~~~~~them to the Corps of Engineers with applicable fees.  The permit
                             is executed when the District Engineer countersigns the permit.

    I       ~~ADDRESSES:

                       United States Army Corps of Engineers
                       424 Trapelo Road
                       Waltham, MA 02254
                       (617) 894-2400

                       United States Environmental Protection Agency
                       JFK Building
                       Boston, MA 02203

                       (617) 223-5061

              I                                     ~~~~~~~~~~~~-35-

             OTHER PLANNING CONSIDERATIONS

             Permits Administered Locally
                  Several state permits for coastal construction and dredging require prior
             approval by the city or town in which the project is located.

     *           ~~~These permits include:

                              - DEQE Site Approval for Local Landfills
                              - DEQE Wetlands Order of Conditions
                              - DEQE Sewer Extension and/or Construction Permit
        U                     ~~~~~~- DEQE Subsurface Sewage Disposal Facilities
                  Municipalities have total jurisdiction over many other aspects of develop-
             ment, including traffic, easements and curb cuts, access and egress permits;
             utility access; zoning changes; and flood insurance (see following section).

     I           ~~~Contact the local planning agency for an explanation of requirements and
             procedures in a particular city or town.

    H       ~~Title 5
             Subsurface Sewage Disposal Facilities

        I                      ~~~~~~Authority:  MGL ch 111, s.17 c.21A, s.1 CMR 310.15.19

                  The purpose of Title 5 is to provide minimum standards for the protection
    I      ~ ~of public health the environment when individual systems are used for the dispo-
             sal of sanitary sewage in areas where municipal systems are not available.
                  For systems under 15,000 gallons per day the applicant applies to the local
            Board of Health. The board reviews the plans to determine whether or not the
            system conforms to Title 5 and local regulations.

     I           ~~~In most cases, an individual sewage disposal system must consist of a sep-
            tic tank discharging its effluent to a suitable subsurface disposal area and be
            located in an area where no surface water will accumulate. A reserve area of at
    I      ~ ~least equal capacity, suitable for subsurface disposal and upon which no per-
            manent structures will be constructed, must be provided.

                 Contact the Board of Health in the city or town in which the system is pro-
            posed for a complete description os any local regulations and the local review
            process. The Department of Environmental Quality Engineering will become
            involved in individual cases only if the local Board of Health fails to enforce

            the Title 5.

                                          -36-

    State Building Code
    Flood Insurance - Floodplain Regulation

        The National Flood Insurance Program (NFIP), administered by the Federal
    Emergency Management Agency (FEMA), provided subsidized flood insurance to pro-
    perty owners in participating communities that comply with NFIP guidelines
    (generally, compliance with M.G.L. ch. 131, s.40, Massachusetts Environmental
    Protection Act and s.744 of the State Building Code).

        Once a community qualifies for the Emergency Phase of the NFIP and sub-
    sidized insurance protection is available, an extensive technical Flood
    Insurance Study of the community's flood hazard areas is conducted by an engi-
    neering contractor for the Federal Insurance Administration in preparation for
    entering the Regular Program.

        This detailed analysis includes, at no cost to the communities, the produc-
    tion of a study text, Flood Insurance Rate Map and Flood Boundary/Floodway Map.
    The flood elevations derived from this study and the Flood Insurance Rate Map
    are the basis on which the actuarial insurance rates for the commmunity are
    established and specific floodplain management regulations formulated.

    State Building Code
    Floodplain Regulation

         The 100-year coastal floodplain is divided into two zones which designate
    different degrees of hazard and require different floodplain management tech-
    niques to satisfy the damage reduction requirements of the NFIP.

         The V-Zone (velocity zone) is defined as that portion of the coastal
    100-year floodplain which would be inundated by tidal surges with velocity wave
    action. Generally, the V-Zone indicates the inland extent of a three-foot
    breaking wave, where the effective water depth during the 100-year flood
    decreases to less than four feet.

         The A-Zone delineates that portion of the 100-year floodplain not subject
    to wave action, although the residual forward momentum of the breaking wave may
    impact the area.

         FEMA regulations and Section 744 of the State Building Code require any new
    construction or improvements to existing structures in the V-Zone to be elevated
    on adequately anchored pilings or columns so that the bottom of the structural
    members supprting the lowest floor (excluding the pilings and columns) is ele-
    vated to the 100-year base flood level.

         A registered professional engineer or architect must certify that the
    structure is securely fastened to adequately anchored pilings or columns so that
    the structure will adequately withstand velocity waters and hurricane wave wash
    forces. In addition, the space below the lowest floor must not be used for
    human habitation and must be free of obstructions, but may be enclosed with open
    latticework intended to collapse under load without jeopardizing the structural
    support of the building.

                                          -37-

        Additional standards for V-Zones require that fill not be used for struc-
    tural support of new or substantially improved structures.

         FEMA strongly discourages the construction of residential buildings in
    V-Zones due to the obvious vulnerability of the structures to wave attack.
    State Executive Order 181, policy four, states that no development shall be per-
    mitted in velocity zones of barrier beaches identified by DEQE. Technical
    assistance is available to community officials from the Massachusetts State
    Assistance Program and FEMA's Natural and Technological Hazards Division to aid
    in the proper administration of V-Zone construction design requirements.

    ADDRESSES

         Federal Emergency Management Agency or
         Natural and Technological Hazards Division
         John W. McCormack Post Office and Courthouse
         Boston, MA 02109
         617-292-2616

         Flood Hazard Management Project
         Division of Water Resources
         100 Cambridge Street
         Boston, MA 02202
         617-727-3267

    I       ~~Martha's Vineyard Commission            -38-

                 A unique role f or development is provided by the Martha's Vineyard
            Commission, which has permitting authority that may supercede the jurisdiction
            of municipal governments in cases where Vineyard development projects involve
            regional, (island-wide) impacts.

                 The Commission is charged with protecting the unique natural, historical,
            ecological, scientific and cultural resources of Dukes County by promoting
            sound local economies and ensuring that development does not impair these
            values.
                 Municipal government agencies review development proposals to determine if
    I      ~ ~they will have a regional impact. If so, the proposal is submitted to the
            Commission, which is required to hold a public hearing within fourteen days
            of the official referral from the town.

     U           ~~~The Commission will permit the referring agency to grant a development per-
            mit if it finds, after the public hearing that: a) the probable benefit from
            the proposed development will exceed the probable detriment; b) the proposed
    I      ~ ~development will not substantially or unreasonably interfere with the achieve-
            ment of the objectives of the general plan of any municipality or the general
            plan of Dukes County; c) the proposed development is consistent with municipal
    I      ~ ~development ordinances and by-laws, or, if it is inconsistent, the inconsistency
            is necessary to provide the population of the municipality withadequate oppor-
            tunities for housing, education, or recreation and d) if the proposed develop-
            ment is located in whole or in part within a designated district of critical
            planning concern, it is consistent with the regulations approved or adopted by
            the Commission.

     I           ~~~Developments must demonstrate an unmistakable potential for contributing in
            a significant way to the rural quality of life in Martha's Vineyard before they
    *       ~~can receive Commission approval.

            ADDRESS

                 Martha's Vineyard Commission
                 P.O. Box 1447
                 Oak Bluffs, MA 02557
                  617-693-3953

              I                                       ~~~~~~~~~~~~-39-
             DREDGE PROJECT FUNDING

     I           ~~~The first step in planning a dredging project is to determine whether
             the navigational channel, harbor or berthing area in question is under
             federal , state or private jurisdiction. In Massachusetts,, dredging may
    I      ~ ~be coordinated by the Army Corps of Engineers (federal), the Department of
             Environmental Management-Division of Waterways (state), or by cities and
             towns themselves though contracts to private dredgers.

     I           ~~~In the case of an area under federal jurisdiction, a city or town may
             obtain funds for dredging in one of two ways. A U.S. senator or represen-
             tative may submit a bill for Congressional approval of specific projects.
             When dredging is approved, the Army Corps of Engineers will be authorized,
             under the Rivers and Harbors Act of 1899, to create and maintain channels.
             The Corps continues to be responsible for the mantainance of channels that
             were approved for dredging by Congressional action as far back as the late
             1800's; however, funding must be appropriated each time a channel is

     I            ~~~Legislative action by Congress may also provide the Chief of Engineers
             of the Army Corps with a project operations budget which may fund dredging
             and construction proposals that fall below specified threshholds for fac-
    I      ~ ~tors such as cost, size and other project parameters.  Senators or repre-
             sentatives submit funding proposals for such projects directly to either a
             Corps district or the Chief of Engineers, who may authorize their funding.

     I           ~~~A similar process is in  place for funding dredging projects under
             state jurisdiction. Requests for dredging appropriations are made by
             cities, towns, or local groups to state legislators who then submit bills
    I      ~ ~for specific dredging projects to the Massachusetts House of
             Representatives or the Senate. If the Act is passed by the Legislature and
             funding is appropriated, the project will be carried out by the state
             Department of Environmental Management-Division of Waterways.
                  In addition to these "line item" bills, the state legislature
             appropriates fundsto the Division of Waterways for that agency's operations
    I      ~ ~budget.  Periodically, the Division will hold a "Rivers and Harbors
             Hearing" during which cities and towns in the Commonwealth may document
             the need for harbor and channel dredging, which may be funded through this
    I      ~ ~budget. Unlike the U.S. Army Corps of Engineers, Waterways is not
             obligated to periodically maintain channels that they originally dredged.

                  Finally, municipalities, agencies, or individuals may choose to fund a
    I      ~ ~dredging project.  In this situation, a contract is written between the
             funding agency or individual and the engineering/dredging firm performing
             the work. in many cases, funds for city or town projects are secured

             through local appropriations.

            I                                   ~~~~~~~~~~~-40-

    I       ~~DREDGING METHODS

                 Choice of dredging technique depends on the particular characteristics
    I      ~ ~of a project, such as the grain size, chemical compsition and the volume of
            material to be dredged; the wave energy, strength and duration of currents
            in the dredging area; the distance of the dredging project from the dispo-
    *       ~~sal site; and the location and size of the disposal site itself.

                 The two most frequently used dredging techniques are mechanical and
    *       ~~hydraulic dredging:

                 Mechanical Dredges

                 Mechanical dredges are usually used in nearshore areas. They remove
            bottom sediments with a mechanically operated bucket. The dredged material
            is stored on a barge or scow or placed directly on a land transport vehicle
    3       ~~such as a truck and carried to a disposal site.

                  This method is appropriate for work in restricted locations, between
             rocks or jetties, in nearshore areas of high wave or current energy and
            where the disposal site is a great distance from the project area.
                  Of the various mechanical dredges available, three types are commonly
    *       ~~used:

                  The bucket ladder is the most efficient in terms of the volumne of
            material excavated per unit of time; however, this method causes the
    I      ~ ~greatest amount of resuspension of sediment.  On this dredge, a revolving
             chain of buckets continuously digs into the sediments and are mechanically
            moved up the ladder. Sediment is deposited either in the dredge's own
    I      ~ ~storage area or on a barge or scow on the side of the dredge.  The dredged
            material is then transported to a disposal site.

                  The clamshell is the dredge used most often in Massachusetts. It has
    I      ~ ~a derrick~ equipped with a two-edged bucket grab designed to dredge sedi-
            ments of various grain sizes. The open jaws are sent into the sediments
             and closed via tension from a wire attached to the derrick. The grab depo-
    I      ~ ~sits the dredged material on a barge or scow for transport to a disposal
             site.

     *           ~~~The dipper dredge  resembles the mechanical excavating shovel used on
             land. It is actually a mechanical shovel placed on a barge, used for
             dredging rock and other hard sediment. Again, a barge or scow is used for
    *       ~~transport to the disposal site.

                  Hydraulic Dredges

     *           ~~~Hydraulic dredges incorporate dredging and disposal of sediments into
             one operation. Sediments are loosened by either a rotary cutter, a water
             jet or a head sliding over the bottom. Pumping action from suction piping

            I                                   ~~~~~~~~~~~-41-

            attached to the ship loosens the bottom sediments. These materials are
            then diluted into a slurry and either discharged through a pipeline to a
            land or water site (cutterpan, dustpan dredges) or stored in a hopper
            (hopper dredge). A hopper is a large bin on the dredge vessel used to
            store dredged materials on route to a disposal site, where the bottom doors
            of the dredge open and the material is released.
                 Each type of hydraulic dredge has a distinct advantage. Pipeline
    I      ~ ~dredges are usually preferred in situations where sand is dredged and uti-
            lized for beach nourishment. Using booster pumps, the sand can be depo-
            sited on land from dredges several miles offshore. Pipeline dredges are
    I      ~ ~not practical for use in high current regimes or in hazardous navigational
            situations due to the great potential for damage to the suction pipes.

                 Hopper dredges can be used in hazardous conditions and are also pre-
              ferred in those situations in which pumping to a disposal site is not an
            economically viable alternative.

     I           ~~~The sidecast dredge is only practical in areas where currents are slow
            and do not return sediments back into the area dredged and where sediments
            are not contaminated. However, because theis technique does not incur the
             high cost of transporting materials to a disposal site, it is a cost effec-
             tive dredging method in many cases.

             I                                      ~~~~~~~~~~~~-42-

            Dredged Material Disposal/Dewatering

                 Obtaining a permit for dredged material disposal is typically the most dif-
            ficult aspect of the dredging permitting process. Problems arise because the
    I      ~ ~material to be dredged contains levels of contaminants which are too high to
            meet the ocean disposal criteria established by federal regulations; the
            material to be dredged is of a different grain size than the material pre-
            sent at the proposed disposal site; or no upland site is available for
            the dredged sediments.
                 There are three general options for locating a dredged material dispo-
    I      ~ ~sal site:  ocean,, in-harbor, and upland.  Under state and federal regulations,
            disposal of dredged material in waters of the United States (sites covered
            under section 404 of the federal Clean Water Act., including in-harbor sites)
    I      ~ ~must take place at EPA sites "specified" on a case by case basis and in ocean
            waters (sites covered under section 103 of the federal Ocean Dumping Act), at
            EPA "designated" sites (see page ;, "U.S. Army Corps of Engineers", and map
    *       ~~on page__.)

                 At present, several federally "specified" dredged material disposal sites
            exist in Massachusetts waters, but these can only be used under certain con-
    I      ~ ~ditions.  One site, located approximately one half mile off the coast of
            Newburyport, is used only for the clean sand material dredged from the Merrimack
            River. Two other sites located at each end of the Cape Cod Canal, and are
            used for the clean sand material dredged from the canal. Another "in-shore"
            dredged material disposal site is located in Cape Cod Bay, and has only been
            permitted by state agencies for the disposal of material from Wellfleet Harbor.

     I           ~~~Only one "section 103" ocean site off the Massachusetts coast has been
            given interim designation by EPA for dredged material disposal. This is the
            "Marblehead Dredged Material Disposal Site" (Foul Area), located southeast of
    I      ~ ~Marblehead at coordinates 42' 25.7N, 700 34.OW.  To obtain a permit from the
            U.S. Army Corps of Engineers to transport and dispose of dredged material at
            this site, physical, chemical, and biological tests of the dredge sediments
    *       ~~must indicate that the material is acceptable for ocean disposal.

                 State permits required for the disposal of dredged material at "section
            404" sites include: 1) a permit from the DEQE-Division of Wetlands and
    I      ~ ~Waterways Regulation, 2)  a Water Quality Certificate from the DEQE-Division
            of Water Pollution Control, 3) a Federal Consistency Review Decision from the
            Masssachusetts Coastal Zone Management Office, and, if appropriate, 4) appro-
            val by the Massachusetts Ocean Sanctuaries Program.
                 The only state permit required for disposal at "section 103" sites located
            outside  of the baseline (refer to map on page    ), is a Federal Consistency
            Review Decision from the Massachusetts Coastal Zone Management Office (permits
            for dredging are discussed elsewhere in this handbook).

                 The regulation of upland disposal of dredged material, which usually
            requires on land dewatering of the sediments depends both on the location of
            the disposal site and on the method of disposal.

            *                                     ~~~~~~~~~~~~-43-

                If the disposal site is located on the upland in a wetlands buffer zone, an
           Order of Conditions is required from the local Conservation Commission

                If the site is located in the uplands within the coastal zone, a Federal
           Consistency Review Decision is required from the Massachusetts Coastal Zone
           Management Office.

    I           ~~~If the dredged material will be dewatered and the effluent (liquid portion)
           is allowed to drain into a marine system, a Water Quality Certificate is
           required from the DEQE-Division of Water Pollution Control.

                Finally, if dredged material is disposed of at an upland site, such as a
           landfill,- a "site approval" is required from the state DEQE-Division of Solid
           and Hazardous Waste. This approval is based on factors such as chemical com-
           position and salt content of the dredged sediment and the potential for con-
           tamination of groundwater resources by pollutants and/or salts.

            I                                   ~~~~~~~~~~~-44-

            ENVIRONMENTAL TESTING REQUIREMENTS

                 Environmental testing of the material to be dredged is required by
             state and federal agencies in determining whether dredging and dredged
            material disposal permits should be issued. Permit applicants should con-
            tact the DEQE-Division of Water Pollution Control, DEQE-Division of Solid
            and Hazardous Waste, the Coastal Zone Management Office and the Army Corps
            of Engineers to find out which tests will be required.
                 The testing regime involves examining the physical and chemical
             characteristics of the sediments to be dredged and predicting the effects
            of dredging and disposal activities on either marine biota (ocean disposal)
            or terrestrial and groundwater systems (upland disposal).

     I           ~~~Physical analysis (grain size composition) of sediments to be dredged
            is requried by state and federal regulations for all dredging projects.
            Chemical analysis will be required if the material will be disposed of in
    U      ~ ~ocean waters and if the sediments contain silt or clay. However, if physi-
            cal analysis indicates that the material grain size is coarse sand, chemi-
            cal testing may be unnecessary for ocean disposal. If dredged material
    I      ~ ~will be disposed of at an upland location, chemical tests are requried to
            assure that they are not hazardous and will not impact groundwater supplies.

                 Biological testing is also required if the results of the previous two
            tests indicate that the sediments are fine grained and/or contaminated
            according to state Water Pollution Control Regulations and if disposal of
    *       ~~the dredged material will be below the mean low water shoreline.

            SEDIMENT SAMPLING

     I           ~~~Both the sampling location and the method of sediment sampling for
            environmental analyses are critical to the validity of the test results.
            Sampling locations must be as representative of the area to be dredged as
    I      ~ ~possible, while at the same time indicating "hot spots" or areas of ele-
            vated contaminant levels. Therefore, sampling sites should include loca-
            tions in the vicinity of known wastewater outfalls, areas of accidental
    I      ~ ~spillage and other known or potentially contaminated areas.
                  Sediment sampling can be done by the core or the grab sampling method.
            The method chosen depends on the sediment type, depth of dredging, sediment
            history, recent and historic chemical inputs into areas proposed for
            dredging, and other related factors determined by the state DEQE-Division
    *       ~~of Water Pollution Control and the Army Corps of Engineers.

                 In the core sampling method, a hollow tube is driven into the sedi-
            ments and the entire sediment core is brought to the surface. The material
    I      ~ ~in the core is then either mixed and then tested or sampled at both the
            surface and to some depth (usually to the depth of dredging) and tested
            separately.

                                                -45-

                 The former method is allowed in situations where the core sediments
    I      ~ ~are visually homogeneous.  By mixing up the sediment collected, as would
             occur during dredge disposal, the surface material, which is usually more
             contaminated, is diluted by the deeper, cleaner sediments. This presents a
            more realistic picture of potential chemical impact at the disposal site.
                 The latter core testing method is used when a visual difference is
             observed in the top and bottom layers of the sediment collected or if the
            project area history indicates a recent chemical input in the sediments.

                  In the grab sample collection method, a double sided scoop with teeth
             is lowered into the surface sediments for collection. This procedure might
            be required if both the sediment grain size and project are history indi-
             cate that both surface and subsurface sediments are likely to be clean; a
            core sample cannot be taken; or the depth of the dreging is between I and 2

                  State and federal agencies should be contacted for technical
            assistance regarding the sampling scheme during the early planning phase of
            a project. This can save time and money by avoiding improper sediment
    *       ~~collection and the need for re-sampling.

            PHYSICAL TESTS

     *           ~~~Analysis of the physical characteristics of the sediment to be dredged
            is called the grain size distribution analysis. Knowledge of sediment
            grain size is necessary in assessing the potential for dredged material to
            be transported from the disposal site by waves or currents in cases of
            ocean disposal.
                 Grain size is also used as an indicator of the level of sediment con-
    I      ~ ~tamination and in locating an ocean disposal site with sediments of similar
            grain size to the dredged material. Matching grain sizes increases the
            potential for recolonization at the disposal site by organisms which are
            present at the site before disposal occured.
                 If sediments are composed of clean, sandy material, disposal on
            beaches as part of a nourishment program is often possible. Grain size
            analysis is also requried for upland disposal of dredged material.

            CHEMICAL TESTS (required for ocean disposal)

                 Two principle types of chemical analyses - bulk sediment chemical
             analysis and elutrite tests - are utilized when dredge material will be
            disposed of in the ocean.

                 Bulk sediment analysis examines the chemical composition of dredged
            sediment in its solid state, or its state at the time of collection from
            the marine environment in order to determine the degree to which it is con-
            t aminated.

                                       -46-

    If the results indicate low levels of contamination according to the state
    Division of Water Pollution Control, biological testing may not be
    requried. If levels of contamination are high, biological testing is called
    for. Dredging and dredged material disposal may be conditioned, or may not
    be permitted, depending on these test results.

         The effectiveness of the bulk sediment test in identifying environmen-
    tal impacts is somewhat limited. Certain chemicals are tightly bound to
    the sediment and are not available to the water column or to marine orga-
    nisms unless the sediments are agitated or resuspended. Agitation of sedi-
    ments occurs both during dredging as the material is scooped from the
    harbor bottom by the dredge and during disposal of the material as sedi-
    ments are released into the water column either by a pipeline or a vessel.
    Thus, the potential exists for chemicals to be released from the sediments
    to the water column at the dredging and disposal sites. This is especially
    important for disposal in low energy "in-harbor" sites with run-off from
    the dredged material back to a wetland/estuarine system, or if hydraulic
    dredging is proposed.

         If these disposal options are planned, the elutiate tests may be
    requried. This procedure consists of agitating a dredged sediment/seawater
    mixture so that chemicals may be released from the sediment to the
    seawater. The seawater is then analyzed for its chemical composition and
    the reuslts evaluated to determine the concentration of chemicals which
    might be released from the sediments and put into a soluable form as a
    result of dredging and disposal or from sediment runoff.

         For upland disposal of dredged material, both the bulk sediment chemi-
    cal test and the E.P. Toxicity Test are requried to determine if the sedi-
    ments are classified as hazardous waste according to the DEQE-Division of
    Water Pollution Control and Division of Solid and Hazardous Waste
    regulations.

         In the E.P. Toxicity Test, the dredged sediments are shaken with water
    at a pH of 5 (acidic), filtered and the leachate collected and analyzed for
    heavy metals and organics that would similarly leach out when the sediments
    are deposited on an upland site (landfill). Such leachate could impact
    groundwater resources.

    BIOLOGICAL TESTS

         Biological analysis of dredged sediment also fall into two categories:
    bioassay and bioaccumulation tests.

         In the bioassay test, representative marine species are placed in
    aquarium tanks containing seawater and either clean control sediments,
    (reference sediment collected from an area near the disposal site but not
    affected by the disposal site), dredged sediments an elutriate mixture of
    dredged sediments or a suspended particulate fraction of the dredged sedi-
    ments.

             I                                      ~~~~~~~~~~~~-47-

                 After 10 days, the mortality count of organisms from tanks containing the
            dredged material is compared with the mortality count of organisms from tanks
            containing the dredged material is compared with that of that of organisms from
            the reference sediment. The results provide an indication of the potential
            adverse effects on morine biota from dredged sediments at the disposal site.

                 The bioaccumulation test evaluates the potential for marine organisms to
            incorporate chemicals from dredged material within their tissues. Studies have
    I      ~ ~shown that tissue uptake of certain chemicals by marine species may cause detri-
            mental effects other than death. For example, high metal concentarations in
            shellfish tissue have been associated with adverse impacts on their feeding and
    3       ~~reproduction.  Studies have also shown that certain chemicals are transferred
            through the food chain.

                 To test for bioaccumulation potential, representative marine species are
    I      ~ ~placed in dredged material for ten days.  Tissues from the surviving organisms
            are ground and analyzed for chemical composition. The same procedure is carried
            out on organisms that were placed in reference sediments and the results are
             compared.
                  If tissues of organisms from dredged sediments have statistically signifi-
             cantly higher conteminant concentrations from those of the reference sediments,
             the proposal for ocean disposal is subjected to closer scrutiny and may be
             rejected.

                                                                  TABLE 1

                                               LIST OF STATE AND FEDERAL PERMITS FOR DREDGING

           Permit                                                                                      Authority

    STATE

    - MEPIA Unit                                                       Massachusetts Environmental Policy Act
             Secretarial Certificate                                   M.G.L. c. 30, ss. 62-62H
                                                                     Massachusetts Environmental Policy Act Regulations
                                                                     310 CMR 10.00 - 10.35

    - DEQE - Division of Wetlands and Waterways Regulation/            Massachusetts Wetlands Protection Act
             Conservation Commission                                   M.G.L. c.131, s. 40
             Wetlands Order of Conditions
                                                                     Massachusetts State Wetlands Regulations               X-
                                                                     Part 1   -  Regulations for All Wetlands
                                                                                 310 CMR 10.01 - 10.20
                                                                     Part 11 -   Additional Regulations for Coastal Wetlands
                                                                                 310 CMR 10.21 - 10.50
                                                                     Part 11I -  Additional Regulations for Inland Wetlands
                                                                                 310 CMR 10.51 - 10.98

    - DEQE - Division of Wetlands and Waterways Regulation             Massachusetts State Waterways Regulations
             Chapter 91 License of Permit                              M.G.L. c.91 310 CMR 9i01 - 9.99

    - DEQE - Division of Water Pollution Control                       Section 27(12) of thelMassachusetts Clean Waters Act
             Water Quality Certificate                                 M.G.L. c.21, ss. 26-53 314 CMR 9.00 - 9.99

    - Coastal Zone Management                                          Coastal Zone Management Act of 1972
             Federal Consistency Review Decision                       16 U.S.C.!1456(c)(3))!(Federal Act)
                                                                     M.G.L. c. 21A, s. 4A; (State Act);
                                                                     Establishment of the doastal Zone Management Program,
                                                                     301 CMR 20.01 - 20.99 (State Regulations);
                                                                     Coastal Zone Management Programs Federal Consistency
                                                                     Review Procedures
                                                                     301 CMR 21.01 - 21.261

                                                        TABLE I (continued)  }        ;

                                           LIST OF STATE AND FEDERAL PERMITS FOR DREDGINGI

            Permit                                                                                     Authority

    STA'TE

    - Department of Environmental Management                           Massachusetts Wetlands Restriction Act
             Wetlands Order of Restrictions                            M.G.L. c. 130, s. 105
                                                                      302 CMR 4.01 - 4.19 (Regulations)

    FEDERAL

    - U.S. Army Corps of Engineers                                     Section 10 of the Rivers and Harbors Act of 1899 (33 U.c
             Section 10, 404, 103 permits                              33 CFR 320 - 329 (Regulations)

                                                                      Section 404 of the Clean Water Act
                                                                      (33 U.S.C. 1344) 33 CFR 320 - 329; 40 CFR 231 (Regulatto

                                                                      Section 103 of the Marine Protection
                                                                     Research and Sanctuaries Act of 1972 (Ocean Dumping Act)
                                                                      (33 U.S.C. 1413); 33 CFR 320 - 329  (Regulations)

                                                                                           i4

                                                              TABLE 2

                       Summary of permits for Specific Dredged Material and Sewage Sludge Disposal Actions

                                        /                 ,-                       3
          Permit or          Deep Ocean     Shallow Water      Within a     Upland      Beach
          Approval        (incl. Foul Area)                    River                    Restoration

    1. Army Corps of             x               X                X            X             X
      Engineers

    2. MEPA Secretarial                                           X            X      X
       Decision

    3. Ch.91 - DEQE                              X                X
       Waterways

    4. Water Quality Certificate                 X                X             X5            X
       DEQE - Water Pollution Control

    5. MCZM Consistency          X               X                X             X6            X
       Certification

    6. Wetlands Order of                         X                X             X             X
       Conditions
       DEQE - Wetlands

    7. Solid Waste Disposal
       Facility Approval
       DEQE - Solid &                                                           X
       Hazardous Waste

    8. Hazardous Waste Upland
       Site Approval
       DEQE - Solid &            X6              X                X             X              X
       Hazardous Waste

     1. outside waters of the Commonwealth (beyond the Territorial Sea)
     2. within Commonwealth waters (between mean high water and three miles from the baseline
     3. above mean high water
     4. if wetlands are employed
     5. if dewatering effluent will drain into marine waters
     6. if the upland area is in the coastal zone

                                         TABLE 3

            Sediment Classification from Water Pollution Control Regulations

           Classification of Dredge or Fill Material by Chemical Constituents
       |I~ ~         All units are in parts per million, dry weight

                    Category One           Category Two           Category Three

     Arsenic (As)        10                    10-20                      20
     Cadmium (Cd)         5                     5-10                     10
     Chromium (Cr)      100                   100-300                    300
    Copper (Cu)         200                   200-400                    400
     Lead (Pb)          100                   100-200                   200
     Mercury (Hg)         0.5                 0.5-1.5                      1.5
     Nickel (Ni)         50                    50-100                    100
     Polychlorinated
     Biphenyls (PCB)     0.5                  0.5-1.0                     1.0
     Vanadium (V)        75                    75-125                    125
    Zinc (Zn)           200                   200-400                   400

          Category One materials are those which contain no chemicals listed above
     in concentrations exeeeding those listed in the first column.

          Category Two materials are those which contain any one or more of the
     chemicals listed in above in the concentration range shown in the second
    *Icolumn.

           Category Three materials are those materials which contain any chemical
     listed in above in a concentration greater than shown in the third column.

          Other important man-induced chemicals or compounds not included in the
       ove table which are known or suspected to be in the sediments at the dredge
     .ite will of course be given weight in the classification of the material and
      the choice of dredging and disposal methods. When the Division has reason to
       uspect the presence of any other toxins due to a nearby discharge, additional
     esting for that element may be required.

        -  Classification of Dredge or Fill Material by Physical Characteristics

                       Type A                 Type B                 Type C

      ercent
     kilt-clay            60                    60-90                   90 --
      Percent
     I ater              40                    40-60                    60
      e rcent
      volatile solids
      NED method)         5                      5-10    _              10
       ercent oil
       nd grease
      (hexane extract)  0.5                    0.5-1.0                 1.0

     I

     I

     I

    ITy~pe A materials are those materials which contain no substances listed above in'
    Uamounts exceeding those listed in the first column.

    *Type B materials are those materials which contain any one or more of the
     substances listed above in the concentration range shown in the second column.

     Type C materials are those materials which contain any substance listed above i-
     a concentration greater than shown in the third column.

                                       Appendix 1

    Bank -                      the seaward face or side of any elevated landform
                              other than a coastal dune, which lies at the land-
                              ward edge of a coastal beach, land subject to tidal
                              action, or other wetland.

    Beach -                    that area of land composed of unconsolidated sedi-
                              ments adjoining any pond, lake, stream, river,
                              creek, ocean, sea, or water subject to wave and
                              current action.

    Creek -                    any body of running water including brooks, con-
                              tinuous or intermittent flowing, moving in a defi-
                              nite channel in the surface of the ground due to a
                              hydraulic gradient. A portion of a creek may flow
                              through a culvert or beneath a bridge. Such a body
                              of water which does not flow throughout the year
                              (i.e., which is intermittent) is a creek except for
                              that portion upgradient of all bogs, swamps, wet
                              meadows and marshes.

    Dewatering -                the removal, by evaporation, draining, or extrac-
                              tion, of liquid associated with dredged material.

    Dredging -                  the removal of materials including but not limited
                              to, rocks, bottom sediments, debris, sand, refuse,
                              plant or animal matter, in any excavating, cleaning,
                              deepening, widening, or lengthening, either per-
                              manently or temporarily, of any tidelands, rivers,
                              streams, ponds, or other waters of the Commonwealth.

    Dune (coastal) -           any natural hill, mound or ridge of sediment land-
                              ward of--a coastal--beach deposited by wind action or
                              storm overwash. Coastal dune also means sediment
                              deposited by artificial means and serving the pur-
                              pose of storm damage prevention or flood control.

    EIR -                      Environmental impact Report (required by the state
                              Executive Office of Environmental Affairs (EOEA).

    EIS -                      Environmental Impact Statement (required by a
                              federal agency).

    Elutriate -                 the liquid associated with dredged sediments which
                              is released during dredging and disposal.

           Estuaries -any area where fresh and salt water mix and tidal
                                   effects are evident, or any partially enclosed
                                   coastal body of water where the tide meets the
                                   current of any stream or river.

    I      ~~Fill -                    to deposit material so as to raise an elevation,
                                   either temporarily or permanently.

    *      ~Flat (tidal) -any nearly level part of a coastal beach which
                                   usually extends from the mean low water line land-
                                   ward to the more steeply sloping face of the coastal
                                   beach or which may be separated from the beach by
                                   land under the ocean.
    *      ~~Flooding -a local and temporary inundation or a rise in the
          3                          ~~~~~~~~surface of a body of water, such that it covers land
                                   not usually under water.

           Groin -a shore protection structure built of rock, steel,
          I                         ~ ~~~~~~~timber, or concrete, usually constructed perpen-
                                   dicular to the shoreline to trap sand being
                                   transported in the longshore current.

           Ground Water -water beneath any land surface in the zone of
    3     ~Supply                      saturation.

           Jetty -a structure b~uilt at the mouth of a river or tidal
                                   inlet to help deepen and stabilize a channel.
                                   Jetties are designed to prevent shoaling of the
                                   channel and to direct and confine the stream or
                                   tidal flow.

    3     ~MEPA -Massachusetts Environmental Policy Act.

           River -anatural stream of water that empties to any ocean,
                                   lake, or other river and has a continuous or inter-
                                   mittent flow.

           Sedimentation -the process of deposition of sediment from a state
                                   of suspension in air or water. Usually results from
                                   the interruption of longshore drift resulting from
           3                          ~~~~~~~~jetty and groin construction.

           Shoal (noun) -a raised elevation of the sea bottom comprised of
                                   any material except rock or coral, which may
           3                          ~~~~~~~~endanger surface navigation.

    Shoal (verb) -              to become shallow gradually, to cause to become
                              shallow, or to proceed from a greater to a lesser
                              depth of water.

    Siltation -                 the deposition or accumulation of silt that is
                              suspended throughout a body of standing water.
                              Usually results from processes such as sediment
                              transport by currents.

    Stream -                    same as creek.

                                     Appendix 111

                                            Joan Doe
                                            142 Neponset Circle
                                            Milton, MA

                                            September 30, 1983

    Richard F. Delaney, Director
    Massachusetts Coastal Zone Management Office
    100 Cambridge Street, Room 2006
    Boston, Massachusetts  02202

    Dear Mr. Delaney:

         This letter serves as our federal consistency certification which states
    the consistency of our project with the Massachusetts Coastal Zone Management
    Program (MCZMP) and policies. Our project involves dredging 10,000 c.y. of
    sediment from the Clamdiggers River and construction of a 200 slip marina.
    For your review of the project and the consistency certification, we have also
    included engineering plans, environmental test results, a description of pro-
    ject alternatives which have been studied and documentation of the investiga-
    tion to locate an upland disposal site for the dredged material.

         We have addressed the applicable MCZM policies and their relationship to
    the proposed project as follows:

    MCZM Policy 1. Protect wetlands and buffers.

         No dredging, substantial work, or alteration will occur in salt marsh in
    the project area.

    MCZM Policy 4.  Construction in water bodies and contiguous lands to minimize
    interference with circulation, sediment transport, and to protect water quality.

         The proposed project will not interfere with water circulation or sedi-
    ment transport as it will be designed to conform with local current patterns,
    and will be of an open pier structure.

    MCZM Policy 5.  Minimize adverse effects on water quality, physical processes,
    marine productivity, and public health.

         The Foul Area Ocean Disposal Site was selected as the disposal option for
    the project because intensive investigation to locate an upland site
    (documentation enclosed) could not identify an area which was economically or
    environmentally suitable for dredged material disposal.  The bulk sediment

                                           -2-

        and bioassay/bioaccumulation test results indicate that the sediments to be
        dredged do not contain elevated levels of contaminants and do not indicate the
         potential to impact marine resources at the ocean disposal site.

             We hope that this satisfies your requirements for your federal con-
        sistency review. For further information requests, please do not hesitate to
        call.

                                            Sincerely,

                    U':;~':>  -:':                   Joan Doe

    I                                                     :--I ... tV ,. C .

                  i~~~~~~~~~~~~~~~~;00-0-0-  i-X.

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