From: Chet Myers <[email protected]> Sent: Wednesday, July 16, 2014 1:04 PM To: Catri, Cindy Cc: Lombardo, Ginny; Williams, Ann; Colarusso, Phil; Marsh, Michael; Lederer, Dave; Dierker, Carl; Bill White Subject: RE: New Modification Request - proposed call Attachments: USACE Permit for Offshore Disposal.pdf; X241327 Amendment 1 New Bedford Harbor Commission, New Bedford.pdf; X241327 Amendment 2 New Bedford Harbor Commission, New Bedford.pdf Hi Cindy, As you requested, attached please find the USACE permit and the amendments to the 401 WQC and Chapter 91 permits for offshore disposal of material from the New Bedford Marine Commerce Terminal at the Rhode Island Sound Disposal Site. Thanks, Chet Myers Apex Companies, LLC 125 Broad Street, 5th Floor Boston, MA 02110 O) 617‐728‐0070 x113 M) 617‐908‐5778 Building Safety Together Follow Apex on and Like us on Privacy Notice: This message and any attachment(s) hereto are intended solely for the individual(s) listed in the masthead. This message may contain information that is privileged or otherwise protected from disclosure. Any review, dissemination or use of this message or its contents by persons other than the addressee(s) is strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender by return e‐ mail and delete the message from your system. Thank you. From: Catri, Cindy [mailto:[email protected]] Sent: Wednesday, July 16, 2014 11:40 AM To: Chet Myers Cc: Lombardo, Ginny; Williams, Ann; Colarusso, Phil; Marsh, Michael; Lederer, Dave; Dierker, Carl; Bill White Subject: New Modification Request ‐ proposed call Chet, Would you be available for a call today at 3? We would like to go over the following questions: (1) Is blasting after November 15 feasible, given the projected timetable for project completion by the end of the year? (2) If November 15 is feasible, would the overburden still be in place at that time? Or, would sediments have been removed as part of the ongoing dredging? 1
Transcript
From: Chet Myers <[email protected]> Sent: Wednesday, July 16, 2014 1:04 PM To: Catri, Cindy Cc: Lombardo, Ginny; Williams, Ann; Colarusso, Phil; Marsh, Michael; Lederer, Dave; Dierker,
Carl; Bill White Subject: RE: New Modification Request - proposed call Attachments: USACE Permit for Offshore Disposal.pdf; X241327 Amendment 1 New Bedford Harbor
Commission, New Bedford.pdf; X241327 Amendment 2 New Bedford Harbor Commission, New Bedford.pdf
Hi Cindy,
As you requested, attached please find the USACE permit and the amendments to the 401 WQC and Chapter 91 permits for offshore disposal of material from the New Bedford Marine Commerce Terminal at the Rhode Island Sound Disposal Site.
Thanks,
Right-clic k he r e to d ownl oad p ictu r es. To h el p p ro te ct y our p r iv ac y, O u tlook p r ev ented a u toma tic downloa d of th is pic ture f r o m the Internet. http s://mail.apexco s.co m/lo gos/ApexCo s_A utoSignature_Medium.jpg
Chet Myers Apex Companies, LLC 125 Broad Street, 5th Floor Boston, MA 02110 O) 617‐728‐0070 x113 M) 617‐908‐5778
Building Safety Together Follow Apex on and Like us on
Privacy Notice: This message and any attachment(s) hereto are intended solely for the individual(s) listed in the masthead. This message may contain information that is privileged or otherwise protected from disclosure. Any review, dissemination or use of this message or its contents by persons other than the addressee(s) is strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender by return e‐mail and delete the message from your system. Thank you.
From: Catri, Cindy [mailto:[email protected]] Sent: Wednesday, July 16, 2014 11:40 AM To: Chet Myers Cc: Lombardo, Ginny; Williams, Ann; Colarusso, Phil; Marsh, Michael; Lederer, Dave; Dierker, Carl; Bill White Subject: New Modification Request ‐ proposed call
Chet,
Would you be available for a call today at 3? We would like to go over the following questions:
(1) Is blasting after November 15 feasible, given the projected timetable for project completion by the end of the year?
(2) If November 15 is feasible, would the overburden still be in place at that time? Or, would sediments have been removed as part of the ongoing dredging?
(3) Would the proposed blasting result in deepening the channel beyond the currently allowed dimensions?
(4) What is the schedule for the proposed additional dredging. What is the last date that the proposed additional dredging must begin to ensure that CEC can meet the December 31, 2014 deadline for project completion?
(5) Is the proposed disposal locations of the new sediment to be dredged (CAD 3, offshore and for winter flounder mitigation) based on actual sampling of the sediment or based on data derived from prior sampling of areas where dredging is already authorized? (Also a reminder to send amended offshore disposal permit.)
(6) When does MassCEC expect to submit its formal request?
Mr. Jeffrey Stieb Executive Director City ofNew Bedford- Harbor Development Commission 52 Fisherman's Wharf New Bedford, Massachusetts 02745
Dear Mr. Stieb:
This is in response to your letter, dated March 12, 2014, to modify the previous approval issued on November 15, 2011 that authorizes the New Bedford Harbor Development Commission (NBHDC) to transpott dredged material from New Bedford Harbor for the purpose of disposing of it in the waters of Rhode Island Sound at the Rhode Island Sound Disposal Site (RISDS) which is a USEP A Designated Ocean Disposal Site.
This pe1mit modification is to allow the NBHDC to transpott up to approximately 300,000 cu. yds. ofpredominantly glacial material from a roughly rectangular area of approx. 16.5 acres Gust easterly and to the north of the New Bedford Marine Commerce Terminal now being constructed), for disposal in the waters ofRhode Island Sound. The material fi'om this additional area to be excavated/dredged consists of approximately 300,000 cubic yards of clean glacial material. The material from this area was determined to be suitable for open water disposal at the RISDS by a suitability determination dated June 13,2014 and concurred in by both the Corps and EPA on June 16, 2014. The area where this material is being removed from is shown on the drawings titled "PROJECT: NEW BEDFORD MARINE COMMERCE TERMINAL OWNER: MASSACHUSETTS CLEAN ENERGY COUNCIL SUMMER STREET, 9TH FLOOR BOSTON, MASSACHUSETTS PROJECT NO. 6690" in two sheets and dated 8/30/11 with a separate drawing showing the Harbor Overview map. The two specific drawings showing the area where the material is coming from are drawing I-2.6 with 4 separate revisions the latest of which is dated 5-30-14 and titled "OFFSHORE DISPOSAL PERMIT APPLICATION SECTIONS PROGRESS BATHYMETRY" and drawing X-2.4 with one revision dated 5-27-14 and titled "OFFSHORE DISPOSAL PERMIT APPLICATION SECTIONS AND BORING LOCATIONS". A separate sheet showing the location of the Rhode Island Sound Disposal Site is also attached.
All of the special and general permit conditions applicable to the earlier general permit authorization, dated November 15,2011, are still applicable to this disposal activity except that Special Condition 7 is no longer applicable. Therefore, this ocean disposal activity must be performed in accordance with the terms and conditions of the original authorization dated November 15,2011.
Since we have perfmmed a new suitability determination for this material the time limits
for doing the disposal will follow the time limits set in the general permit. This GP expires on January 21, 2015. Activities authorized under this GP that have commenced (i.e., are under construction) or are under contact to commence before it expires will have until January 21, 2016 to complete the activity. Please contact us immediately if you change the plans or constmction methods for work within our jurisdiction. This office must approve any changes before you undetiake them.
This modification does not obviate the need to obtain other federal, state, or local authorizations required by law. Performing work not specifically authorized by this determination or failing to comply with any special conditions or all the terms and conditions of the previously issued GP may subject you to the enforcement provisions of our regulations.
Please contact Mr. Brian Valiton, ofmy staff at 978-318-8166 if you have any questions.
Attachments Copies Fumished: Ed Reiner, U.S. EPA, Region 1, Boston, Massachusetts, [email protected] Elizabeth F. Kouloheras, DEP SERO, Wetlands and Waterways, Lakeville, Massachusetts,
c/o [email protected] (DEP Permit# 10335) Ken Chin, Mass. DEP, One Winter Street, Boston, Massachusetts 02108 Robert Boeri, Coastal Zone Management, Boston, Massachusetts, [email protected] Chet Myers, Apex Companies, LLC, 184 High Street, Suite 502, Boston, Massachusetts 02110 Edward LeBlanc, U.S.C.G., Marine Safety Office, 20 Risho Avenue, East Providence, Rl 029141208 Sarah Potier, New Bedford Conservation Commission, 133 William Street, New Bedford, Massachusetts 02744 David Janik, MA Coastal Zone Management, 2870 Cranberry Highway, East Wareham, Massachusetts 02538
DISPOSAL AREA MONITORING SYSTEM NOTE: This chart Is not intended for use In navigation. 71'lYOW 70"0'0"\'1
!~<----,r---, Rl
RHODE ISLAND SOUND DISPOSAL SITE Description: The Rhode Island Sound Disposal Site (RISDS) was designated in December 2004. This 3.24 km 2 (1 nautical mi2)
site is centered at 41 o 13.850' N, 71 o 22.817' W (NAD 83). It is located approximately 9.1 nmi (16.8 km) south-southeast of Point Judith, Rhode Island, and approximately 11.3 nmi (21 km) south of the entrance to Narragansett Bay. It is situated within the Separation Zone for the Narragansett Bay Inbound and Outbound Traffic Lanes and lies within a topographic depression, with water depths from 36 to 39 m. The authorized disposal point (within the overall disposal area) is specified for each dredging project In other project documents. nww 7a·ou-w
SCALE 1:195,000
Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs
Department of Environmental Protection One Winter Street Boston, MA 02108 • 617-292-5500
DEVALL. PATRICK RICHARD K. SUWVAN JR. Governor Secretary
DAVID W. CASH Commissioner
July 8, 2014
Jeffrey Stieb Executive Director City of New Bedford Harbor Development Commission 52 Fisherman's Wharf New Bedford, MA 027 40
Re: 401 WATER QUALITY CERTIFICATION -Amendment 2 Application for BRP WW 07, Disposal at CCBDS and RIDS
Chapter 91 Dredge Permit- Amendment 2 Application for BRP WW01
The Department has received an electronic communication dated July 1, 2014, from your consultant Apex Companies, LLC requesting a modification, to the Water Quality Certification 01JQC) referenced above. In specific, the request was to modify the volume of sediment from the New Bedford Marine Commerce Terminal (NBMCT) authorized under Amendment 1 dated April 17, 2014 from 93,000 yd3 to 3001000 yd3 for unconfined ocean disposal.
The revised volume will be the same quantity authorized by the Army CorRS of Engineer. The electronic communication also indicated that the authorized dredge volume of 1,000,000 yd3
under the February 13, 2012 WQC will remain the same.
The Department has reviewed the amendment request. In accordance with the provisions of Section 401 of the Federal Clean Water Act as amended (33 U.S.C. §1251 et seq.), MGL c.21,
_ §§_26·:S3,_and_3jA_CMR-9.00,_thecnepactmenLdeterminesJhereJs_reasonable_assuranceJbe, ___, project or activity will be conducted in a manner which-will not violate applicable water quality
This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TOO# 1-866-539-7622 or 1-617-574-6868 MassDEP Website: www.mass.gov/dep
401 Water Quality Certification, Amendment 1, Disposal of clean CAD Cell dredged material at CCBDS with RISDS as alternate site Transmittal N!!: X241327 Page 2
standards (314 CMR 4.00) and other applicable requirements of state law and hereby approves this amendment in accordance with 314 CMR 9.09(2) providing that a Suitability Determination is obtained from ACoE.
This letter serves as an amendment 2 of 401 Water Quality Certification, DEP Transmittal NQ X241327 and Chapter 91 Dredge Permit, DEP Transmittal NQ. 13228. All other conditions of the Water Quality Certification and Chapter 91 permit remain in effect. Failure to comply with the Project's certification is grounds for enforcement, including civil and criminal penalties, under MGL c21 §42, 314 CMR 9.00, MGL c.21A §16, 310 CMR 5.00, or other possible actions/penalties as authorized by the General Laws of the Commonwealth.
If you have questions on this decision, please contact Ken Chin at .617-292-5893.
Sincerely,
. Lealdon Langley Director Wetlands and Waterways Division
cc: Karen Adams, Regulatory/Enforcement Division, U.S. Army Corps of Engineers, 696 Virginia Road,
Concord, MA 01742-2751 Robert Boeri, CZM, 251 Causeway Street, Suite 800, Boston, MA 02114
Eileen Feeney, DMF, 1213 Purchase St., 3rd floor, New Bedford, MA 02740-6694 PhiiWeinberg, Dave Hill, Liz Kouloheras, DEP SERO Chris Meyers, Apex Environmental, Inc.; 184 High Street, Suite 502, Boston, MA 02110 New Bedford Conservation Commission, Williams Street, New Bedford, MA 02740 Paul Craffey DEP, Boston Office
KCIX241327
.commonwealth.of Massachusetts Executive Office of Energy & Environmental Affairs
Department_ of Environmental Protection One Winter Street Boston, MA 02108 • 617-292-5500
DEVALL. PATRICK RIC~ K. SULUVAN JR. Governor Secretary
DAVDW.CASH Commissioner
April17, 2014
·Jeffrey Stieb Executive Director City of New Bedford Harbor Development Commission 52 Fisherman's Wharf New Bedford, MA 027 40
Re: 401 WATER QUALITY CERTIFICATION -Amendment 1 Application for BRP WW 07, Disposal at CCBDS and RIDS
Chapter 91 Dredge Permit- Amendment 1 Application for BRP WW01
The Department understands that the New Bedford Harbor Development Commission has requested the Army Corps of Engineers (ACoE) to modify its Permit No. NAE-2007;.;2709 to include material from the channel and boat basin associated with the New Bedford Marine Commerce Terminal (NBMCT). The Department also received an amendment request from the Massachusetts Clean Energy Center (MACEC), toithe Water Quality Certification (WQC) referenced above.
·The NBMCT was permitted directly by the United States Environmental Protection Agency (USEPA) under the State Enhanced Remedy (SER), a provision of the New Bedford t-1arbor Superfund Site Record of Decision (ROD). After the contaminated sediment is removed, the remaining dredged material from the NHMCT is designated for reuse either within the facility as fill, as capping material for existing Confined Aquatic Disposal (CAD) Cells, or as a part of the proposed mitigation measures.
This information is avai.lable in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TDD# 1-866-539-7622 or 1-617-574-6868 MassDEP Website: www.mass:gov/dep ·
401 Water Quality Certification, Amendment 1, Disposal of clean CAD Cell dredged material at CCBDS with RISDS as alternate site Transmittal N!!: X241327 Page 2
Blasting conducted in association with the NHMCT was conducted in accordance with the conditions issued by USEPA within the 'Second Modification to EPA's Final Determination for the South Terminal Project- Additional Dredging and Blasting for .Rock Removal.
In the amendment request, MACEC proposed rather to use the dredged material from NBMCT, 94,000 yd3 of native geologic parent dredged material from construction of CAD Cell4 (also referred to as the US EPA's Lower Harbor CAD) to be used as capping material for the Polychlorinated Biphenyls (PCBs) impacted sediment outside the New Bedford Hurricane Barrier. An equivalent quantity of dredged material, 94,000 yd3 from NBMCT be authorized for unconfined ocean disposal under the March 12, 2014 401 Water Quality Certification.
The Department has reviewed the amendment request. In accordance with the provisions of Section 401 of the Federal Clean Water Act as amended (33 U.S.C. §1251 et seq.), MGL c.21, §§ 26-53, and 314 CMR 9.00, the Department determines there is reasonable assurance the project or. activity will be conducted in a manner which will not violate applicable water quality standards (314 CMR 4.00) and other applicable requirements of state law and hereby approves this amendment in accordance with 314 CMR 9.09(2) providing that a Suitability Determination is obtained from ACoE.
This letter serves as an amendment of 401 Water Quality Certification, DEP Transmittal N2 X241327 and Chapter 91 Dredge Permit, DEP Transmittal N2. 13228. All other conditions of the Water Quality Certification and Chapter 91 permit remain in effect. Failure to comply with ·· the Project's certification is grounds for enforcement, including civil and criminal penalties, under MGL c21 §42, 314 CMR 9.00, MGL c.21A §16, 310 CMR 5.00, or other possible actions/penalties as authorized by the General Laws of the Commonwealth.
If you have questions on this decision, please contact Ken Chin at 617-292-5893.
Sincerely,
Lealdon Langley Director Wetlands and Waterways Division
cc: Karen Adams, Regulatory/Enforcement Division, U.S. Army Corps of Engineers, 696 Virginia Road,
Concord, MA 01742-2751 Robert Boeri, CZM, 251 Causeway Street, Suite 800, Boston, MA 02114
Eileen Feeney, DMF, 1213 Purchase St., 3rd floor, New Bedford, MA 02740-6694 Phil Weinberg, Dave Hill, Liz Kouloheras, DEP SERO .Chris Meyers, Apex Environmental, Inc., 184 High Street, Suite 502, Boston, MA~02110 New Bedford Conservation Commission, Williams Street, New Bedford, MA 02740 William White, Mass Clean Energy Center, 63 Franklin St., Boston, MA 02110 Paul Craffey DEP, Boston Office
