Water Quality Certificate.pdf

Solicitation W912WJ21B0007

AMENDMENT 0005

Aug 03, 2021

1.1 CHANGES TO SPECIFICATIONS

1.1.1 Revised and Reissued Sections

1. New information has been attached to the end of specification Section 01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS, as follows:

a. A Water Quality Certification (WQC). A copy of the WQC is attached.

End of Amendment 0005

Charles D. Baker Governor

Karyn E. Polito Lieutenant Governor

Kathleen A.Theoharides Secretary

Martin Suuberg Commissioner

July 30, 2021

Todd Randall Army Corps of Engineers 696 Virginia Road Concord, MA 01742

Re: 401 WATER QUALITY CERTIFICATION - Transmittal №: X287533

BRP WW 8 – WQC Dredging or Disposal of Dredged Material New Bedford Hurricane Barrier Maintenance Project

At: New Bedford Hurricane Barrier

Buzzards Bay Watershed

Wetlands File №: NE 061-0737 ACoE Application №: Not Applicable

Dear Mr. Randall:

The Massachusetts Department of Environmental Protection (the “Department”) has reviewed your application for a BRP WW 8 – WQC Dredging or Disposal of Dredged Material referenced above. 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 has determined there is reasonable assurance the project or activity will be conducted in a manner which will not violate applicable water quality standards (314 CMR 4.00) and other applicable requirements of state law.

The waters of the project site are designated in the Massachusetts Surface Water Quality Standards as SB upstream of the hurricane barrier and SA in the area outside the hurricane barrier (314 CMR 4.06).1 Both classifications are designated as habitat for fish, other aquatic life, and wildlife and are suitable for primary and secondary contact recreation. Class SA waters are suitable for shellfish harvesting without depuration while SB waters may be suitable for shellfish harvesting with depuration.

The consumption of fish and shellfish from the inner harbor and portions of the outer harbor has been prohibited since 1979 due to PCB contamination from the New Bedford Harbor Superfund Site. Anti-degradation provisions of these Standards require that "existing uses and the level of water quality necessary to protect the existing uses shall be maintained and protected.”

Project Site: New Bedford Harbor is located at the mouth of the Acushnet River between the cities of New Bedford and Fairhaven, Massachusetts. The New Bedford Hurricane Barrier extends across the mouth of the harbor from a point just north of Fort Phoenix in Fairhaven, to Clarks Cove in New Bedford. The hurricane barrier consists of two earthen fill dikes with stone slope protection and a central gated opening for navigation.

The gates are closed during potential high-water events to protect upstream portions of New Bedford, Fairhaven, and Acushnet from flooding. The gate system is composed of two steel sector gates that pivot on trunnions and travel on tracks laid in a concrete sill which runs across the channel. The gates are normally stored in a retracted position inside reinforced concrete abutments located on either side of the navigation opening.

Starting in December 2021, the US Army Corps of Engineers (USACE) will be performing routine maintenance on the hurricane barrier.

Proposed Project: USACE is proposing to mechanically remove approximately 1,000 cubic yards (cy) of mixed sand and fine-grained material that has accumulated in the New Bedford Hurricane Barrier sector gate pockets (500 CY in the New Bedford gate and 500 CY in the Fairhaven) since they were last maintained in 2012.2

Work is anticipated to be performed while the gates are dewatered for maintenance between December 2021 and June 2022. Stop-logs will be inserted in each gate pocket, each gate pocket will then be dewatered, and the accumulated material will be excavated with a small mechanical dredge. Workers with shovels may be used to shovel material into the dredge bucket in areas where sediment is sparse. The gate pockets are enclosed structures and provide no habitat for aquatic resources. Material will be transferred to a scow alongside the hurricane barrier. The proposed, and most feasible, disposal alternative involves placement of the sediment in the Confined Aquatic Disposal (CAD) cell in inner New Bedford Harbor. It is anticipated that each gate pocket will produce enough material for one disposal event, for a total of 2 events.

1 314 CMR 4.06 Table 25 – Buzzards Bay Coastal Drainage Area.

2 The sector gate pockets were last maintained in 2012 when approximately 935 cubic yards of mixed sand and fine-grained material was excavated and placed into New Bedford Harbor CAD Cell 2. As an active superfund site, New Bedford Harbor has established Confined Aquatic Disposal sites under the State Enhanced Remedy as the most feasible option for onsite disposal of contaminated sediments.

The volume, physical, and chemical characteristics of the sediment are compatible with the sediment in the CAD area. The utilization of the CAD cell disposal site also provides an alternative designed to protect the public health and minimize environmental impacts in a cost-effective manner.

The project is considered a routine operation and maintenance action which is exempt from NEPA, and the requirements for an Environmental Assessment. The project is not considered individually or cumulatively to have significant effect on the quality of human environment.3

Sediment Sampling Data: A total of five sediment samples collected from the three stations within the Fairhaven gate pocket and the two stations within the New Bedford gate pocket. Since samples were exceeded 10 percent (range: 5.3-41.9%) by weight of “fines” passing the #200 sieve, sediment samples were further analyzed for disposal characterization following the requirements set forth in the “Regional Implementation Manual for the Evaluation of Dredged Material Proposed for Disposal in New England Waters", dated 6 May 2004. Based on the sediment chemistry tests, CAD cell disposal represented the most feasible and appropriate sediment disposal site.4

Due Diligence: Based on communications with local officials and a review of the Massachusetts Office of Energy and Environmental Affairs database of waste sites and reportable releases, the site was determined to be subject to multiple releases of petroleum products, and reports of unknown sheens on the water in the inner harbor, since the project was last dredged in 2011.

Dredged Material Disposal or Reuse: Dredged material dewatering will not be necessary since the dredged material will be disposed of in the CAD cell. EPA reviewed the sediment chemistry data for the project and determined that the material was acceptable to be placed in the New Bedford Harbor CAD cells.5

Rare Species and Wildlife Habitat: Based upon the information provided, the NHESP determined that there are no state-listed species concerns associated with the proposed sediment removal from the hurricane barrier and disposal at CAD cell 2 within New Bedford Harbor.6 It was also determined that the project would not

3 33 CFR 230.9(b) – Categorical Exclusions from NEPA include actions of USACE carried out on authorized projects such as routine operation and maintenance actions. Although the action is categorically exempt from NEPA, the action is required to comply with other Federal law. As such, the USACE provided a 404(b)(1) Feasibility Report pursuant to the Clean Water Act to evaluate project environmental impacts.

4 As noted in EPA email of 14 December 2020 and referenced in the USACE Memorandum for the Record, approved by Jay Mackay and Lawrence Oliver, dated 20 July 2021.

5 Ditto.

6 Per email communication from DFW to the USACE dated July 23, 2021 affect any listed species subject to the Endangered Species Act under the jurisdiction of the National Marine Fisheries Service (NMFS).7

Time of Year Restriction (TOY) for In-Water Work: DMF concurred with proposed project schedule and did not impose a TOY for the proposed sediment removal from the gate pockets and disposal into an existing CAD cell.8

CZM Consistency: CZM has no objection to the removal and disposal of the sediment into the existing CAD cell.9

Section 61 Findings: As the Applicant, the USACE did not prepare an Environmental Notice (ENF) or Environmental Impact Report (EIR) in accordance with M.G.L. .c 30, §§ 61 to 62H including (MEPA) claiming sovereign immunity.10

Public Notice: The public notice of the Combined 401 WQC/C. 91 application was published in the New Bedford Standard Times, Bristol County, on March 25, 2021. The Department did not receive any comments during the 21-day public comment period, which ended on April 15, 2021.

Therefore, based on information currently in the record, the Department grants a 401 Water Quality Certification for this project subject to the following conditions to maintain water quality, to minimize impact on waters and wetlands, and to ensure compliance with appropriate state law. The Department further certifies in accordance with 314 CMR 9.00 that there is reasonable assurance the project or activity will be conducted in a manner which will not violate applicable water quality standards (314 CMR 4.00) and other applicable requirements of state law.

Finally, the Department has determined that upon satisfying the conditions and mitigation requirements of this approval, the project provides a level of water quality necessary to protect existing uses and accordingly finds that the project to be implemented satisfies the Surface Water Quality Standards at 314 CMR 4.00.

1. Pursuant to 314 CMR 9.01(3) and 314 CMR 4.04, the Contractor shall take all steps necessary to assure that the proposed activities will be conducted in a manner that will avoid violations of the anti-degradation provisions of the Massachusetts Surface Water Quality Standards, that protect all waters, including wetlands. This condition is

7 Information on the US Fish and Wildlife Service-New England Field Office (USFWS) website was reviewed to check for the presence of threatened or endangered species in the vicinity of the New Bedford hurricane barrier. No species were noted.

8 Per email re: New Bedford Hurricane Entrance Work from Eileen Feeney (DNF) to Paul Craffey (DEP) and Todd Randall (USACE) dated October 14, 2020.

9 Per email re: New Bedford Hurricane Entrance Work from Boeri, Robert (EEA) to Paul Craffey

(DEP) and Todd Randall (USACE) dated October 7, 2020.

10 The scope of sovereign immunity regarding state regulation of the proposed activity pursuant to the Clean Water Act, 33 U.S.C. s. 1251 has not been definitively resolved. The Department does not address this issue at this time and reserves all rights to assert jurisdiction relative to the Clean Water Act in future projects.

necessary to assure that any discharge from the project complies with the Massachusetts Surface Water Quality Standards, as provided in 314 CMR 9.00, to protect the public health and restore and maintain the chemical, physical, and biological integrity of the water resources of the Commonwealth.

2. Pursuant to 314 CMR 9.09(2), the Department shall be notified of any change(s), modifications, or deletions of work as specified in the proposed project plans that may affect water quality prior to the start of work or any portion of the work. Depending on the nature and the scope of any change, the Department will determine whether the change(s) require further approvals or revision to this Certification. This condition is necessary to assure that any project changes comply with the Massachusetts Surface Water Quality Standards, as provided in 314 CMR 9.00, to protect the public health and restore and maintain the chemical, physical, and biological integrity of the water resources of the Commonwealth.

3. As provided by 314 CMR 9.09(1), dredging and excavation in accordance with this Certification may begin following the 21-day appeal period and once all other permits have been received. This condition is necessary to assure adequate public involvement to protect the public health and restore and maintain the chemical, physical, and biological integrity of the water resources of the Commonwealth.

4. Pursuant to 314 CMR 9.05(1), all dredging and sediment management shall be performed in accordance with following documents and plans:

• WQC Application BWR 07/08 from the USACE for project entitled: New Bedford Hurricane Barrier, dated February 18, 2021.

• MEMORANDUM FOR THE RECORD - 28 February 2021 Finding of NEPA categorical exemption, as a routine operation and maintenance action, and finding of no significant effects on the quality of human environment.

• NEW ENGLAND DISTRICT U.S. ARMY CORPS OF ENGINEERS, CONCORD,

MA EVALUATION OF CLEAN WATER ACT SECTION 404 (b)(1) GUIDELINES:

Findings of compliance that the proposed disposal site for discharge of dredged or fill material complies with the Section 404(b)(1) guidelines. John A. Atilano, II Colonel, Corps of Engineers District Engineer, dated 23 July 2021.

• CAD cell disposal authorization, and associated conditions, from Ceasar Duarte (New Bedford Harbor Planning) to Todd Randall (USACE) to use the City’s CAD Cell #2.11

This condition is necessary to assure that any project changes comply with the Massachusetts Surface Water Quality Standards, as provided in 314 CMR 9.00, to

11 Per Ceasar Duarte email to Todd Randall (USACE) and Dave Dickerson (USEPA), dated July 15, 2021, including mapped disposal area provided the area of placement of 1,000 cy of sediment would be authorized down to approximately -17’, with no material being place above elevation -10’.

protect the public health and restore and maintain the chemical, physical, and biological integrity of the water resources of the Commonwealth.

5. In furtherance of 314 CMR 9.07(1), the Department shall be notified in writing (email) one week prior to the start of in-water work. The Applicant and its contractor shall allow agents of the Department to enter the project site, subject to contractors health and safety protocols, to inspect the work and verify compliance with the terms and conditions of this Certification. This condition is necessary to assure that all work complies with the Massachusetts Surface Water Quality Standards, as provided in 314 CMR 9.00, to protect the public health and restore and maintain the chemical, physical, and biological integrity of the water resources of the Commonwealth.

6. Pursuant to 314 CMR 9.07(1), 30 days prior to commencement of work and sediment disposal, the USACE or its contractor shall submit Final Project Plans to the Department. The USACE or its contractor shall submit the following additional information: Best Management Practices (BMPs) to be used for dredged material disposal, project schedule, and final CAD #2 site coordinates. This condition is necessary to assure that any discharge from the project complies with the Massachusetts Surface Water Quality Standards to protect the public health and restore and maintain the chemical, physical, and biological integrity of the water resources of the Commonwealth.

7. Pursuant to 314 CMR 9.05(3), at least one week prior to the start of dredging, the New Bedford and Fairhaven Harbormaster’s offices shall be notified of the intended start date in order allow notification to the public of the upcoming work. This condition is necessary to assure timely not public notice of location of the work and the final site of in-water sediment placement.

8. Pursuant to 314 CMR 9.07(8), Best Management Practices (BMPs) shall be deployed to minimize turbidity during sediment disposal. At a minimum, BMP’s shall include:

a. scheduled disposal during low slack tide

b. water quality monitoring during sediment placement

c. turbidity monitoring shall be conducted for the presence of suspended sediment, debris, or sheens. If visual sheens are observed, oil booms and absorbent oil pads shall be deployed to control off-site migration. Corrective measures shall be implemented if turbidity measurements extend beyond the perimeter of the CAD cell. Turbidity monitoring data should be kept on site and available for MassDEP review upon request.

This condition is necessary to assure that any discharge from the project complies with the Massachusetts Surface Water Quality Standards, as provided in 314 CMR 9.00, to protect the public health and restore and maintain the chemical, physical, and biological integrity of the water resources of the Commonwealth.

9. As provided by 314 CMR 9.09(1), at least one week prior to the start of in-water work, the applicant shall submit a notification procedure outlining the reporting process to MassDEP for incidents relating to dredging activities that impact surrounding resource areas and habitats including, but not limited to, observed dead or distressed fish or other aquatic organisms, observed oily sheen on the surface of the water, a sediment spill, or a turbidity plume beyond the perimeter of the CAD cell. If at any time during implementation of the project such an incident occurs, the applicant shall immediately notify MassDEP and all site related activities impacting the water shall cease until the source of the problem is identified and adequate mitigating measures are deployed to the satisfaction of MassDEP. This condition is necessary to assure that any discharge from the project complies with the Massachusetts Surface Water Quality Standards, as provided in 314 CMR 9.00, to protect the public health and restore and maintain the chemical, physical, and biological integrity of the water resources of the Commonwealth.

10. Per 314 CMR 9.10, dredging in accordance with this Certification may begin following the 21-day appeal period and once all other permits have been received. This condition is necessary to assure that due process is provided to certain persons deemed to be aggrieved by the Certification.

11. The Department shall be notified in writing (email) one week prior to the start of in-water work so that Department staff may inspect the work for compliance with the terms and conditions of this Certification pursuant to 314 CMR 9.07(1). This condition is necessary to assure that any discharge from the project complies with the Massachusetts Surface Water Quality Standards, as provided in 314 CMR 9.00, to protect the public health and restore and maintain the chemical, physical, and biological integrity of the water resources of the Commonwealth.

12. Pursuant to 314 CMR 9.07(1), a Summary Report shall be prepared and submitted to the Department within 90 days following completion of the project. The summary report shall include, but not be limited to, final dredge volumes and CAD locations.

Failure to comply with this condition may result in denial of future maintenance dredging. This condition is necessary to assure that any discharge from the project complied with the Massachusetts Surface Water Quality Standards, as provided in 314 CMR 9.00, to protect the public health and restore and maintain the chemical, physical, and biological integrity of the water resources of the Commonwealth.

13. Pursuant to 314 CMR 9.09(1), the duration of the Certification is five years from the date of issuance. This condition is necessary to assure that any discharge from the project is conducted in a timely manner to assure compliance with the Massachusetts Surface Water Quality Standards, as provided in 314 CMR 9.00, to protect the public health and restore and maintain the chemical, physical, and biological integrity of the water resources of the Commonwealth.

14. The applicant may request an amendment or extension of this Certification in accordance with 314 CMR 9.09(2) and (3), respectively. This condition is necessary to assure that any discharge from the project is conducted in a timely manner to assure compliance with the Massachusetts Surface Water Quality Standards, as provided in

314 CMR 9.00, to protect the public health and restore and maintain the chemical, physical, and biological integrity of the water resources of the Commonwealth.

15. Future maintenance dredging may be conducted as necessary for the duration of this Certificate, per 314 CMR 9.04(5), provided that:

a. the initial project and any subsequent dredging has been satisfactorily conducted with no violations of the terms and conditions of this Certification;

b. the grain-size distribution of the sediment to be dredged, and an approved placement area, are the same as the current project;

c. a current due-diligent evaluation is conducted to determine that no known spills of oil or other toxic substances have occurred which could have contaminated the sediment in the dredge area;

d. the volume of future maintenance dredging does not exceed 1,000 cubic yards.

e. The Department is notified prior to commencement of maintenance dredging.

This condition is necessary to assure that future maintenance dredging comports with the terms of this Certification and complies with the Massachusetts Surface Water Quality Standards, as provided in 314 CMR 9.00, to protect the public health and restore and maintain the chemical, physical, and biological integrity of the water resources of the Commonwealth.

16. Per 314 CMR 9.09(2), the USACE, or their contractor, shall make every feasible effort to complete the project within the permitted timeframe. Should the USACE, or their contractor, fail to complete the project and require an amendment to the Certification, a written request shall be submitted to the Department, no later than 30 days from the expiration of the Certificate, with the following information:

a. project location and transmittal number,

b. the date on which dredging started,

c. the number of days and hours per day the dredge operated,

d. expected daily average production rate and the actual daily average production rate,

e. an explanation of why the project failed to remain on schedule,

f. an account of efforts made to get the project back on schedule,

g. a plan depicting the areas that remain to be dredged,

h. the number of cubic yards that remain to be dredged,

i. an accurate estimate of the number of days required to complete the project, Requests for amendment will be considered at the Department’s discretion. This condition is necessary to assure that work beyond the term of this Certification comports with the terms of this Certification and complies with the Massachusetts Surface Water Quality Standards, as provided in 314 CMR 9.00, to protect the public health and restore and maintain the chemical, physical, and biological integrity of the water resources of the Commonwealth.

17. During the project period, there shall be no discharge or spillage of fuel, oil or other pollutants, including sediments, onto any part of the site. The applicant shall take all reasonable precautions to prevent the release of pollutants by ignorance, accident or vandalism per 314 CMR 9.07(1). This condition is necessary to assure that any discharge from the project complies with the Massachusetts Surface Water Quality Standards, as provided in 314 CMR 9.00, to protect the public health and restore and maintain the chemical, physical, and biological integrity of the water resources of the

18. Pursuant to 314 CMR 9.07(2), during work, daily monitoring shall be conducted for the presence of suspended sediment, debris, or sheens. If visual sheens are observed, oil booms and absorbent oil pads shall be deployed to control off-site migration.

Turbidity monitoring data should be kept on site and available for MassDEP review upon request. This condition is necessary to assure that any discharge from the project complies with the Massachusetts Surface Water Quality Standards, as provided in 314 CMR 9.00, to protect the public health and restore and maintain the chemical, physical, and biological integrity of the water resources of the Commonwealth.

19. The applicant is advised that if oil and/or hazardous materials are identified during the implementation of this project, notification pursuant to the Massachusetts Contingency Plan (310 CMR 40.00) must be made to the Department. If necessary, a Licensed Site Professional (LSP) shall be retained to determine if notification is required and if need be, to render appropriate opinions. The LSP shall evaluate whether risk reduction measures are necessary if contamination is present. This condition is necessary to assure that any discharge from the project complies with the Massachusetts Surface Water Quality Standards, as provided in 314 CMR 9.00, to protect the public health and restore and maintain the chemical, physical, and biological integrity of the water resources of the Commonwealth.

20. This Certification does not relieve the applicant of the obligation to comply with other appropriate state or federal statutes or regulations. The Department shall be notified of any changes made to the project as described in previously submittals or changes resulting from subsequent environmental permit or licensing applications per 314 CMR 9.09(2). This condition is necessary to assure that any project changes comply with the Massachusetts Surface Water Quality Standards, as provided in 314 CMR 9.00, to protect the public health and restore and maintain the chemical, physical, and biological integrity of the water resources of the Commonwealth.

21. All communication to the Department required by this Certificate shall be directed to the attention of Michael Stroman Michael.stroman@mass.gov

NOTICE OF APPEAL RIGHTS

mailto:Michael.stroman@mass.gov

Pursuant to 314 CMR 9.10, certain persons shall have a right to request an adjudicatory hearing concerning Certificates issued by the Department when an application is required:

a. the applicant or property owner;

b. any person aggrieved by the decision who has submitted written comments during the public comment period;

c. any ten (10) persons of the Commonwealth pursuant to M.G.L. c. 30A where a group member has submitted written comments during the public comment period; or

d. any governmental body or private organization with a mandate to protect the environment, which has submitted written comments during the public comment period.

Any person aggrieved, any ten (10) persons of the Commonwealth, or a governmental body or private organization with a mandate to protect the environment may appeal without having submitted written comments during the public comment period only when the claim is based on new substantive issues arising from material changes to the scope or impact of the activity and not apparent at the time of public notice. To request an adjudicatory hearing pursuant to M.G.L. c. 30A, § 10, a Notice of Claim must be made in writing, provided that the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee specified within 310 CMR 4.10 along with a DEP Fee Transmittal Form postmarked within twenty-one (21) days from the date of the Certification.

Case Administrator Department of Environmental Protection One Winter Street, 2nd Floor Boston, MA 02108

A copy of the request shall at the same time be sent by certified mail or hand delivery to the issuing office of the Wetlands and Waterways Program at:

Department of Environmental Protection

One Winter Street, 5th Floor Boston, MA 02108

A Notice of Claim for Adjudicatory Hearing shall comply with the Department’s Rules for Adjudicatory Proceedings, 310 CMR 1.01(6), and shall contain the following information pursuant to 314 CMR 9.10(3):

a. the 401 Water Quality Certificate Transmittal Number and the Department’s Wetlands Protection Act File Number.

b. the complete name of the applicant and address of the project.

c. the complete name, address, and fax and telephone numbers of the party filing the request, and, if represented by counsel or other representative, the name, fax and telephone numbers, and address of the attorney;

d. if claiming to be a party aggrieved, the specific facts that demonstrate that the party satisfies the definition of “aggrieved person” found at 314 CMR 9.02;

e. a clear and concise statement that an adjudicatory hearing is being requested;

f. a clear and concise statement of (1) the facts which are grounds for the proceedings, (2) the objections to this Certificate, including specifically the manner in which it is alleged to be inconsistent with the Department’s Water Quality Regulations, 314 CMR 9.00, and (3) the relief sought through the adjudicatory hearing, including specifically the changes desired in the final written Certification; and

g. a statement that a copy of the request has been sent by certified mail or hand delivery to the applicant, the owner (if different from the applicant), the appropriate regional office of the Department, the conservation commission of the city or town where the activity will occur, the Department of Conservation and Recreation (when the Certificate concerns projects in Areas of Critical Environmental Concern), the public or private water supplier where the project is located (when the Certificate concerns projects in Outstanding Resource Waters), and any other entity with responsibility for the resource where the project is located.

The Department may coordinate adjudicatory appeals under 314 CMR 9.00, 310 CMR 10.00: Wetlands Protection, 310 CMR 9.00: Waterways or other administrative appeals as provided in 314 CMR 9.10(4).

The hearing request along with a DEP Fee Transmittal Form and a valid check or money order payable to the Commonwealth of Massachusetts in the amount of one hundred dollars ($100) must be mailed to:

Commonwealth of Massachusetts Department of Environmental Protection Commonwealth Master Lockbox PO Box 4062 Boston, MA 02211

The request will be dismissed if the filing fee is not paid unless the appellant is exempt or granted a waiver. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee pursuant to 310 CMR 4.06(2) for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file an affidavit setting forth the facts believed to support the claim of undue financial hardship together with the hearing request as provided above.

Failure to comply with this certification is grounds for enforcement, including civil and criminal penalties, under M.G.L. c. 21 § 42, 314 CMR 9.00, M.G.L .c. 21A §16, 310 CMR 5.00, or other possible actions/penalties as authorized by the General Laws of the

Should you have any questions relative to this Certification, please contact Michael Stroman at Michael.Stroman@mass.gov .

Sincerely, for L.R.

Lisa Rhodes Wetlands Program Chief

ECC:

Paul Maniccia, and Paul Sneeringer, Regulatory/Enforcement Division, U.S. Army Corps of Engineers, 696 Virginia Road, Concord, MA 01742-2751 paul.m.maniccia@usace.army.mil paul.j.sneeringer@usacoe.gov

Edward Reiner, US EPA, 5 Post Office Square, Suite 100, Boston, MA 02109 Reiner.Edward@epa.gov

Robert Boeri, MA CZM, 251 Causeway Street, Suite 800, Boston, MA 02114 robert.boeri@mass.gov

Daniel Gilmore and Brendan Mullaney, MassDEP SERO, Lakeville, MA 02347 daniel.gilmore@mass.gov Brendan.Mullaney@mass.gov

John Logan Division of Marine Fisheries, 836 S Rodney French Blvd. 3rd floor, New Bedford, MA 02744 John.Logan@Mass.Gov

Amy Hoenig, Natural Heritage & Endangered Species Program, Massachusetts Division of Fisheries & Wildlife, 1 Rabbit Hill Road, Westborough, MA 01581 amy.hoenig@mass.gov

Sarah Porter, New Bedford Conservation Commission, 133 William Street, Rm 304, New Bedford, MA 02740 sarah.porter@newbedford-ma.gov

Enclosure: Communication for Non-English-Speaking Parties – 310 CMR 1.03(5)(a) mailto:Michael.Stroman@mass.gov mailto:paul.m.maniccia@usace.army.mil mailto:paul.j.sneeringer@usacoe.gov mailto:Reiner.Edward@epa.gov mailto:robert.boeri@mass.gov mailto:daniel.gilmore@mass.gov mailto:Brendan.Mullaney@mass.gov mailto:amy.hoenig@mass.gov mailto:sarah.porter@newbedford-ma.gov

Massachusetts Department of Environmental Protection One Winter Street, Boston MA 02108 • Phone: 617-292-5751 Communication For Non-English Speaking Parties - 310 CMR 1.03(5)(a)

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Если вам нужен этот документ переведенный, пожалуйста, свяжитесь с директором разнообразия MassDEP по адресу телефонных номеров, указанных ниже.

:(Arabic) العربیة 10 ھذه الوثیقة الھامة وینبغي أن تترجم على الفور. اذا كنت بحاجة الى ھذه الوثیقة المترجمة، یرجى الاتصال

دناه.على أرقام الھواتف المدرجة أPMassDEمدیر التنوع في

11 한국어 (Korean):

이 문서는 중요하고 즉시 번역해야합니다. 당신이 번역이 문서가 필요하면 아래의 전화 번호로 MassDEP의 다양성 감독에 문의하시기 바랍니다

12 հայերեն (Armenian):

Այս փաստաթուղթը շատ կարեւոր է եւ պետք է թարգմանել անմիջապես. Եթե Ձեզ անհրաժեշտ է այս փաստաթուղթը թարգմանվել դիմել MassDEP բազմազանությունը տնօրեն է հեռախոսահամարների թվարկված են ստորեւ.

:Farsi (Persian)) فارسی 13 این سند مھم است و باید فورا ترجمھ شده است.

تنوع مدیر با ما تماس تلفن ھای ذکر PMassDEاگر شما نیاز بھ این سند ترجمھ شده، لطفا در شماره شده در زیر.

14 Français (French):

Ce document est important et devrait être traduit immédiatement. Si vous avez besoin de ce document traduit, s'il vous plaît communiquer avec le directeur de la diversité MassDEP aux numéros de téléphone indiqués ci-dessous.

15 Deutsch (German):

Dieses Dokument ist wichtig und sollte sofort übersetzt werden. Wenn Sie dieses Dokument übersetzt benötigen, wenden Sie sich bitte Diversity Director MassDEP die in den unten aufgeführten Telefonnummern.

16 Ελληνική (Greek):

Το έγγραφο αυτό είναι σημαντικό και θα πρέπει να μεταφραστούν αμέσως.

Αν χρειάζεστε αυτό το έγγραφο μεταφράζεται, παρακαλούμε επικοινωνήστε Diversity Director MassDEP κατά τους αριθμούς τηλεφώνου που αναγράφεται πιο κάτω.

17 Italiano (Italian):

Questo documento è importante e dovrebbe essere tradotto immediatamente. Se avete bisogno di questo documento tradotto, si prega di contattare la diversità Direttore di MassDEP ai numeri di telefono elencati di seguito.

18 Język Polski (Polish):

Dokument ten jest ważny i powinien być natychmiast przetłumaczone. Jeśli potrzebujesz tego dokumentu tłumaczone, prosimy o kontakt z Dyrektorem MassDEP w różnorodności na numery telefonów wymienionych poniżej.

19 �हन्द� (Hindi):

यह दस्तावेज महत्वपूणर् है और तुरंत अनुवाद �कया जाना चा�हए. आप अनुवाद इस

दस्तावेज़ क� जरूरत है, नीचे सूचीबद्ध फोन नंबर� पर MassDEP क� �व�वधता �नदेशक से संपकर् कर�.