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Applicant seeks Corps of Engineers permit to build dock, boat basin in Maraspin Creek in Barnstable

Published Dec. 28, 2015

CONCORD, Mass. Applicant Stuart Bornstein is seeking a permit from the U.S. Army Corps of Engineers, New England District to impact waters of the U.S. in conjunction with building a dock and boat basin in Maraspin Creek in Barnstable, Mass.


The applicant proposes to construct and maintain a private 5-slip dock and boat basin. The applicant will remove the existing permitted wooden wharf, the two wooden bulkheads located underneath it, and riprap. This intertidal and subtidal area under the dock will be excavated to -5 feet mean low water.  Approximately 3,700 square feet of filled bulkhead and approximately 6,900 square feet of side slope will be dredged. Approximately 3,866 cubic yards of sediment will be removed and dewatered onsite for re-use onsite or for upland disposal at a landfill. The work is proposed in Maraspin Creek at 153 Freezer Road in Barnstable.


The existing concrete bulkhead located landward of the wharf will be removed and the upland behind it will be excavated to create a revetment in line with the adjacent revetments. The sloped bank created, which will be armored with stone, will be approximately 5,000 square feet and 150 feet long. Approximately 2,700 cubic yards of material will be removed and disposed of on site or at a landfill.


A dock system will be constructed in the excavated area. A 10-foot wide, 100-foot long pile and timber pier will be constructed parallel to the shore. A 56-foot long, 20-foot high, timber pier fender system will be constructed next to the timber pier.


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.; and Section 404 of the Clean Water Act, which regulates the discharge or fill of material in U.S. waters, including wetlands. The public notice, with more specifics on the proposed work, can be viewed on the Corps website at:  www.nae.usace.army.mil/Missions/Regulatory/PublicNotices.aspx.


The project will impact 6,900 square feet of Essential Fish Habitat (EFH) for various species and life stages. This habitat consists of sandy substrate. 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.        


Public comments on this proposed work (file #NAE-2012-02074) should be forwarded no later than Jan. 26, 2016 to the U.S. Army Corps of Engineers, New England District, Regulatory Division (ATTN: Phillip Nimeskern), 696 Virginia Road, Concord, MA  01742-2751. Additional information is available from Permit Project Manager Phillip Nimeskern at 978-318-8660 or toll free 800-343-4789 or 800-362-4367 (if calling from within Massachusetts) or by email to: phillip.w.nimeskern@usace.army.mil.

Tim Dugan

Release no. 2015-128