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Kingman Yacht Center, Inc., seeks Corps permit to expand boating facility in Red Brook Harbor in Buzzards Bay

Published Nov. 7, 2017

CONCORD, Mass. – Scott Zeien, on behalf of Kingman Yacht Center, Inc., is seeking a permit from the U.S. Army Corps of Engineers, New England District to conduct work in waters of the U.S. in order to expand the boating facility and do other work in Cataumet, Mass. The work is located in the waters of Red Brook Harbor within Buzzards Bay at the Kingman Yacht Center boating facility adjacent to 1 Shipyard Lane in Cataumet.  


The proposed project involves the expansion of the boating facility at Kingman Yacht Center. The boating facility was previously authorized by the Corps of Engineers subject to the conditions of the permit (NAE-1990-10038) and plans issued on Feb. 13, 2000. The proponent would like to expand the existing reconfiguration zone to encompass all of the floats that are present at the boating facility.


The new project also includes the expansion and modification of the three previously authorized reconfiguration zones on site. The three reconfigurations zones will be combined into one reconfiguration zone in order to allow for floats to be moved freely throughout the property without the need for new separate Corps approvals for each reconfiguration. The new reconfiguration zone will also incorporate areas surrounding the fuel and dinghy docks in order to retain and maintain changes to previously unauthorized structures.


The newly formed 10+ acre area reconfiguration zone will surround 254 slips and 41,552 square feet of accompanying floats. The reconfiguration zone and its coordinates are shown on Sheet 2 of 5 in the public notice. The boating facility also includes 130 moorings, and the entire boating facility encompasses approximately 30.1 acres of Red Brook Harbor.


Corps-authorized reconfiguration zones are an area in which permittees may rearrange floats without additional authorizations. They are subject to these conditions: 1) A reconfiguration zone does not grant exclusive privileges to an area or an increase in structure or float area. The Corps does not recognize any property claims to navigable waters of the U.S.;  2) The permittee cannot increase the total square footage of the floats, or extend any structures beyond the limits of the reconfiguration zone once it is established unless Corps authorization is received; 3) There shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein, and no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters within or adjacent to the activity authorized herein; 4) The permittee understands and agrees that if future U.S. operations require the removal, relocation, or other alteration of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the U.S. No claim shall be made against the U.S. on account of any such removal or alteration; 5) This authorization may not be fragmented or any part of it transferred to another party; and 6) There shall be no change in use of the facility without reapplication to the Corps and receipt of approval for the proposed change.


This project may impact more than 10 acres of Essential Fish Habitat (EFH). This habitat consists of sand silt and mud. Loss of this habitat may adversely affect species that use these waters and substrate. However, the Corps has made a preliminary determination that the site-specific adverse effect will not be substantial.  Further consultation with the National Marine Fisheries Service regarding EFH conservation recommendations is being conducted and will be concluded prior to the final permit decision.


The application for the federal permit was filed with the Corps in compliance with Section 10 of the Rivers and Harbors Act, which provides for federal regulation of any work in, or affecting navigable waters of the U.S. The public notice, with more specifics on the proposed work by the Kingman Yacht Center, Inc., can be viewed on the Corps website at www.nae.usace.army.mil/Missions/Regulatory/PublicNotices.aspx.


Public comments on this work proposed by the Kingman Yacht Center, Inc. (file # NAE-2016-01467) should be forwarded no later than Dec. 7, 2017 to the U.S. Army Corps of Engineers, New England District, Regulatory Division (ATTN: Joshua Helms), 696 Virginia Road, Concord, MA 01742-2751. Additional information is available from Permit Project Manager Joshua Helms at 978-318-8211 or toll free 800-343-4789 or 800-362-4367 (if calling from within Massachusetts) or by email to: joshua.m.helms@usace.army.mil.

Tim Dugan

Release no. 17-125