HomeMy WebLinkAboutUSACE 10.23.2025DEPARTMENT OF THE ARMY
US ARMY CORPS OF ENGINEERS
NEW ENGL.AND DISTRICT
qB VIRGINIA ROAD
CONCORD MA 01742-2751
October 23, 2025
Regulatory Division.
File Number: NAE 2025-01102
Christian Hayes
East Bar Oyster, Co.
503 North Dennis Road,
Yarmouthport, Massachusetts 02675
Sent by email: cehaves68@amail.com
Dear Christian Hayes:
The U.S. Army Corps of Engineers (USAGE) has reviewed your application to
establish a three -acre aquaculture farm in an intertidal area. Shellfish will be stored as
spat in bags placed in a maximum of 2,450 mesh cages that are three -feet -wide by five -
feet -long and about 11 inches tall. Shellfish will be harvested by hand and the site will
be accessed by boat. The four corers of the site will be marked with vertical lines. Gear
will be in place at the site from March to December of each year. This project is located
in the Cape Cod Bay and Mill Creek at 503 North Dennis Road in Yarmouthport,
Massachusetts 02675. The work is shown on the enclosed plans titled UEast Bar Oyster
Co. Layout," on two sheets.
Based on the information that you have provided, we verify that the activity is
authorized under General Permit # 18 of the June 2, 2023, federal permit known as the
Massachusetts General Permits (GPs). The GPs are available at
https:/twww. nae. usace. armv. m i VMissions/Reaulatory/State-General-Perm its/
Massachusetts -General -Permit.
Please review the enclosed GPs carefully, in particular the general conditions
beginning on page 35, and ensure that you and all personnel performing work authorized
by the GPs are fully aware of and comply with its terms and conditions. A copy of the
GPs and this verification letter shall be available at the work site as required by General
Condition 17. You must perform this work in compliance with the following special
conditions:
1. You must complete and return the enclosed Certificate of Compliance within one
month following the completion of the authorized work.
2. You shall notify NOANs National Ocean Service (NOS) Nautical Data Branch
Office of Coast Survey to initiate appropriate chart and Coast Pilot corrections. if
and when gear removal occurs, you shall notify NOP A. For marine safety
information during construction or other significant periods, email DOt-SMB-
I-NNIQuscm.mi).
i
This authorization expires on June 1, 2028_ You must commence or have under
contract to commence the work authorized herein by June 1, 2028, and complete the
work by June 1, 2029. If not, you must contact this office to determine the need for
further authorization and we recommend you contact us before the work authorized
herein expires. Please contact us immediately if you change the plans or construction
methods for work within our jurisdiction as we must approve any changes before you
undertake them. Performing work within our jurisdiction that is not specifically
authorized by this determination or failing to comply with the special condition(s)
provided above or all the terms and conditions of the GPs may subject you to the
enforcement provisions of our regulations.
This authorization does not obviate the need to obtain other federal, state, or local
authorizations required by law. Applicants are responsible for applying for and obtaining
any other approvals.
Your project is located within, or may affect resources within, the coastal zone. The
Massachusetts Office of Coastal Zone Management (CZM) has already determined that
no further Federal Consistency Review is required.
We continually strive to improve our customer service. To better serve you, we
would appreciate your completing our Customer Service Survey located at
htt s:llr ulato o s.usace.arm .miVcustomer-service-suive .
Please contact Abigail Thrall of my staff at abiaail.e.thrall(Musace_armv.mil or
(978) 318-8029 if you have any questions.
Sincerely,
Christine Jacek
Chief, Massachusetts Branch
Regulatory Division
cc:
EPA Region 1, R1 CWA404 REGCcDepa.g�ov
Alexa Cacacie, NMFS, Gloucester, MA; alexa.cacadi noaa. ov
Sean Duffey, Coastal Zone Management, Boston, MA, sean.duffey0mass.ggy
Patrice Bordonaro, Coastal Zone Management, Boston, MA,
patrice.bordonaro(c�mass. ov
Maissoun Reda, Chief, DEP SERO, Wetlands and Waterways, Lakeville, MA;