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Earl’s Marina, Inc. seeks Corps permit to dredge, build floating breakwater, commercial moorings in Fairhaven

Published June 25, 2013

CONCORD, Mass. – Earl’s Marina, Inc., is seeking a permit from the U.S. Army Corps of Engineers, New England District to conduct work in waters of the United States in conjunction with dredging and disposal operations, and constructing a floating breakwater and commercial moorings in Fairhaven, Mass.


Earl’s Marina, Inc., proposes new work, including improvement and maintenance dredging with upland disposal, and new structures, including a new floating breakwater and 10 new commercial moorings and establishing a reconfiguration perimeter/zone at the marina within which docks can be re-arranged and new piles driven. They seek authorization to retain structures and fill and a boat ramp placed in aquatic resource areas previously without Corps authorization, including pile-supported docks, mooring piles, 65 commercial moorings, and an existing commercial scalloping facility on pile-supported platforms and floating docks.


Work is proposed in Nasketucket Bay at 56 Goulart Memorial Drive in Fairhaven, Mass. Work consists of dredging about 1,800 cubic yards of material from an area of 30,100 square feet to a depth of – 4 feet MLW with disposal on a nearby upland parking area totaling about 2,000 square feet. The fill to be retained was placed on an area of salt marsh totaling about 4,700 square feet. The applicant will mitigate for wetland loss by removing material placed by others over historic salt marsh and re-plant area with native marsh species.


The project will have an adverse effect on about 1.13 acres of Essential Fish Habitat (EFH) of Nasketucket Bay. Dredge site habitat is predominantly sand. Habitat in deeper waters where most structures are or where they will be placed consists of mud and sand. The Corps has reviewed the expanded EFH assessment submitted by the applicant and 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 a final permit decision.


The permit application was filed in compliance with Section 10 of the Rivers and Harbors Act, which regulates any work in, or affecting navigable waters of the U.S.; and with Section 404 of the Clean Water Act, which regulates the discharge or fill of material in U.S. waters, including wetlands. The public notice can be viewed at


Public comments on the proposed work (file # NAE-2006-1350) should be forwarded no later than July 26, 2013 to the U.S. Army Corps of Engineers, New England District, Regulatory Division (ATTN: Brian Valiton), 696 Virginia Road, Concord, MA 01742-2751. Additional information is available from Permit Project Manager Brian Valiton at 978-318-8166 or by email to:

Tim Dugan

Release no. 2013-054