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Home My WebLink AboutDEP comments 7.29.2025MassDEP I i Maura T Healey Governor Kimberley Driscoll Lieutenant Governor Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs Department of Environmental Protection Southeast Regional Office • 20 Riverside Orkve, Lakeville MA 02347.508-946-2700 Rebecca L. Tepper, Secretary of Energy and Environment Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 ATTN: MEPA Office Boston, MA 02114 Dear Secretary Tepper, July 29, 2025 RE: ENF Review EOEEA #16964 YARMOUTH. Hayes Aquaculture Rebecca L. Tepper Secretary Bonnie Heiple Commissioner The Southeast Regional Office (SERO) of the Department of Environmental Protection (MassDEP) has reviewed the Environmental Notification Form (ENF) for the Hayes Aquaculture Project, Yarmouth, Massachusetts (EOEEA #16964). The Project Proponent's application to the Division of Marine Fisheries (DMF) provides the following information: Cages will be used and secured to the bottom. Nets will be placed inside cages for the spat to grow. We will be purchasing cages that will be 3' x 5' long mesh material. Bags filled with spat, will be placed inside the cages to grow. Oysters will be in bags placed in dosed cages, placed on the bottom of the sand bar. Each oyster will be picked by hand for harvesting. The Grant will be marked by Bouy with a line and secured to the bottom. Cages and shellfish will be removed from the Grant site to avoid damage from winter storms and ice. Under the authority of Chapter 130, § S7 of the Massachusetts General Laws (MGL), Christian Hayes proposes the growout of oysters (C. virginico) at (3) acre aquaculture sites - - located in the Yarmouth North coastal shellfish growing area (DMF designation CCB26). The application further states: "Water quality at and adjacent to this site is classed as "Approved" for shellfish harvesting in accordance with provisions of the National Shellfish Sanitation Program (NSSP). The proposed sites consist of intertidal area characterized by predominately coarse sand substrate. The applicant proposes to deploy bottom gear at these intertidal sites to culture oysters (C. virginica). " This information Is available In alternate format. Contact Glynis Bugg at 6173484040. TTY# MassReiay service 1-800-439-2370 MassDEP website: www.mass.govldep Printed on Recycled Paper EEA No. 16964 July 29, 2025 Bureau of Water Resources (BWR) Comments Wetlands: The SERO Wetlands Program offers the following comments on the ENF submitted by East Bar Oyster Co proposing to grow oysters in low profile bottom closed cages in bags placed in three I- acre plots located north of Lone Tree Creek and Bass Creek in Yarmouth North coastal growing area, Cape Cod Bay, Yarmouth. Oysters will be harvested by hand. The applicant should submit a Request for Determination of Applicability (RDA) or a Notice of Intent (NOI) to DEP and the Yarmouth Conservation Commission for the project. DEP notes that if it is determined a NOI is to be submitted, and the minimum submittal requirements have been met, a File Number will be issued. It is anticipated that the Yarmouth Conservation Commission will conduct a Public Hearing and issue an Order of Conditions. A final Order of Conditions must be obtained before any work within Areas Subject to Jurisdiction commences. The Project site falls within NHESP Estimated and Priority habit; as such, a copy of the RDA or NOI needs to be mailed to NHESP. The Yarmouth North coast has been mapped as habitat for protected species including sea turtles and whales by NOAA Fisheries Greater Atlantic Regional Fisheries Office Protected Resources Division. The Project has preliminary approval from the MA Division of Marine Fisheries and the town of Yarmouth Shellfish warden, subject to restrictions for marine animals, to avoid impacts on marine fisheries resources. Waterways: The Waterways Program has determined that the placement of shellfish bags and cages within the grant will not require the submittal of a Chapter 91 License Application. It is the opinion of the Program that the proposed shellfish bags and cages, would be considered fish cages, and therefore not subject to licensing by the program, presuming they have been approved by permit of the municipal official and approved by the Division of Marine Fisheries. The Department reserves the right to reconsider its determination for this Project, or other proposals should there be changes in technology or the type of aquaculture gear being utilized. Aquaculture projects that would include the placement of pilings, piers, pile -held floats or other permanent structures as determined by the Department will require a Chapter 91 License. Bureau of Waste Site Cleanup (BWSQ Comments Based upon the information provided, the Bureau of Waste Site Cleanup (BWSC) searched its databases for disposal sites and release notifications that have occurred at or might impact the proposed Project area. A disposal site is a location where there has been a release to the environment of oil and/or hazardous material that is regulated under M.G.L. c. 21 E, and the Massachusetts Contingency Plan [MCP 310 CMR 40.0000]_ There are no listed MCP disposal sites located at or in the vicinity of the site that would appear to impact the proposed Project area. It EEA No. 16964 July 29, 2025 Interested parties may view a map showing the location of BWSC disposal sites using the MassGIS data viewer at MassMapner. Under the Available Data Layers listed on the right sidebar, select "Regulated Areas", and then "DEP Tier Classified 21E Sites". MCP reports and the compliance status of specific disposal sites may be viewed using the BWSC Waste Sites/Reportable Release Lookup at: https://eeaonline.eea.state.ma.us/portal/dep/wastesite/ The Project Proponent is advised that if oil and/or hazardous material are identified during the implementation of this Project, notification pursuant to the Massachusetts Contingency Plan (310 CAR 40.0000) must be made to MassDEP, if necessary. A Licensed Site Professional (LSP) should be retained to determine if notification is required and, if need be, to render appropriate opinions. The LSP may evaluate whether risk reduction measures are necessary if contamination is present. The BWSC may be contacted for guidance if questions arise regarding cleanup. Spills Prevention and Control: A spills contingency plan addressing prevention and management of potential releases of oil and/or hazardous materials from construction and operation activities should be presented to workers at the site and enforced. The plan should include but not be limited to, refueling of machinery, storage of fuels, and potential on -site activity releases. The Project Proponent is advised that if contaminated media is encountered a Licensed Site Professional (LSP) must be employed or engaged to manage, supervise or actually perform the necessary response actions at the site for excavating, removing and/or disposing of contaminated soil or contaminated media (which includes contaminated sediment) must be conducted under the provisions of Massachusetts General Law Chapter 21 E (and, potentially, c.21C) and all other applicable federal (including the Environmental Protection Agencies Toxic Substance Control Act - TSCA), state, and local laws, regulations, and bylaws. Contaminated media cannot be managed without prior submittal of appropriate plan to MassDEP (such as a Release Abatement Measure (RAM) Plan), which describes the proposed handling and disposal approach for any contaminated media encountered and health and safety precautions for those conducting the work. If contamination at the site is known or suspected, the appropriate tests should be conducted well in advance of the start of construction and professional environmental consulting services should be readily available to provide technical guidance to facilitate any necessary permits. Bureau of Air and Waste (BAW) Comments Air Ouality: The Proponent should implement measures to alleviate dust, noise, and odor nuisance conditions, which may occur during the construction activities. Such measures must comply with MassDEP Bureau of Air and Waste Prevention (former BWP) Regulations 310 CMR 7.01, 7.09, and 7.10. To determine the appropriate requirements please refer to: 310 CMR 7.09 Dust, Odor, Construction, and Demolition • 310 CMR 7.10 Noise In order to comply with 310 CMR 7.09(2), the Proponent may be required to file a BWP AQ-06 notification form ten days prior to site activities. More information can be found here: htts://www.mass. ov/doctinstructions-a-06-constructiondemolition- r EEA No. 16964 July 29, 2025 notification/download and here: https://www.mass.gov/fiIes`documents/2019/09/04/edev- a 0� 6.pdf MassDEP reminds the Proponent that unnecessary idling (i.e., in excess of five minutes), with limited exception, is not permitted during the construction and operations phase of the Project (310 CMR 7.11). With regard to constriction period activity, typical methods of reducing idling include driver training, periodic inspections by site supervisors, and posting signage. In addition, to ensure compliance with this regulation once the Project is occupied, MassDEP requests that the Proponent install permanent signs limiting idling to five minutes or less on -site. Solid Waste Management: Should solid waste be generated at any point during the Project, the Project Proponent is advised of the following requirements: Compliance with Waste Ban Regulations: Waste materials discovered during construction that are determined to be solid waste (e.g., construction and demolition waste) and/or recyclable material (e.g., metal, asphalt, brick, and concrete) shall be disposed, recycled, and/or otherwise handled in accordance with the Solid Waste Regulations including 310 CMR 19.017: Waste Bans. Waste Ban regulations prohibit the disposal, transfer for disposal, or contracting for disposal of certain hazardous, recyclable, or compostable items at solid waste facilities in Massachusetts, including, but not limited to, metal, wood, asphalt pavement, brick, concrete, and clean gypsum wallboard. The goals of the waste bans are to: promote reuse, waste reduction, or recycling; reduce the adverse impacts of solid waste management on the environment; conserve capacity at existing solid waste disposal facilities; minimize the need for construction of new solid waste disposal facilities; and support the recycling industry by ensuring that large volumes of material are available on a consistent basis. Further guidance can be found at: b=s://www.mass.gov/ggides/massdep-wa&te- disposal-bans For more information on how to prevent banned materials from entering the waste stream the Proponent should contact the RecyclingWorks in Massachusetts program at (888) 254- 5525 or via email at info recyclingworksma.com. RecyclingWorks in Massachusetts also provides a website that includes a searchable database of recycling service providers, available at http://www.reaclingworksma.com. If you have any questions regarding the Solid Waste Management Program comments above, please contact Mathew Ferris at Mathew.Ferris@rnass.JZov or Jennifer Wharfl' at Jennifer. Wharftmass.gov. Proposed s.61 Findings The "Certificate of the Secretary of Energy and Environmental Affairs on the Environmental Notification Form" may indicate that this Project requires further MEPA review and the preparation of an Environmental Impact Report. Pursuant to MEPA Regulations 301 CMR 11.12(5)(d), the Proponent will prepare Proposed Section 61 Findings to be included in the EIR in a separate chapter updating and summarizing proposed mitigation measures. In accordance with 301 CMR 11.07(6)(k), this chapter should also include separate updated draft Section 61 Findings for each State agency that will issue permits for the Project_ The draft Section 61 Findings should contain clear commitments to implement mitigation REA No. 16964 July 29, 2025 measures, estimate the individual costs of each proposed measure, identify the parties responsible for implementation, and contain a schedule for implementation. Usher Comnwnts/Guidance The MassDEP Southeast Regional Office appreciates the opportunity to comment on this ENF. If you have any questions regarding these comments, please contact George Zoto at George.ZotoQmass.gov or Jonathan Hobill at Jonathan.Hobill(@mass.gov, Very truly yours, LNA Jonathan E. Hobill, Regional Engineer, Bureau of Water Resources JH/GZ Cc: DEP/SERO ATTN: Gerard Martin, Regional Director John Handrahan, Deputy Regional Director, BWSC Mark Dakers, Acting Deputy Regional Director, BAW Jennifer Viveiros, Deputy Regional Director, ADMIN Maissoun Reda, Chief, Wetlands, BWR Greg DeCesare, Wetlands, BWR Amy Walkey, Wetlands, BWR Brendan Mullaney, Chief, Waterways, BAW00 Jeffifer Wharff, Acting Chief, Solid Waste Management, BAW Michael Ferris, Solid Waste Management, BAW Michelle McCloud, Solid Waste Management, BAW Angela Gallagher, Chief, Site Management, BWSC Amanda Boustany, Site Management, BWSC