Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 9.00 - WATERWAYS
Section 9.40 - Standards for Dredging and Dredged Material Disposal
Universal Citation: 310 MA Code of Regs 310.9
Current through Register 1531, September 27, 2024
Any project that includes dredging or dredged material disposal shall comply with the following requirements:
(1) Limitations on Dredging and Disposal Activity
(a) The project
shall not include any dredging of channels, mooring basins, or turnaround
basins to a mean low water depth greater than 20 feet, unless said project:
1. is located within a Designated Port Area;
or
2. serves a commercial
navigation purpose of state, regional, or federal significance, and cannot
reasonably be located in a Designated Port Area.
(b) If the project is located in an ACEC, the
project shall not include any of the following activities:
1. improvement dredging, unless the dredging
is: for the sole purpose of fisheries or wildlife enhancement; part of an
Ecological Restoration Project; or conducted by a public entity for the sole
purpose of the maintenance or restoration of historic, safe navigation channels
or turnaround basins of a minimum length, width and depth consistent with a
Resource Management Plan adopted by the municipality(ies) and approved by the
Secretary.
2. dredged material
disposal, except for the sole purpose of beach nourishment, dune construction,
reconstruction or stabilization with proper vegetative cover, the enhancement
of fishery or wildlife resources, or unless the dredged material disposal is
part of an Ecological Restoration Project in accordance with
314
CMR 9.07(1)(c) and
310
CMR 10.11(6)(b) and 310 CMR
40.000: Massachusetts Contingency Plan, if applicable,
provided that any fill or dredged material used in an Ecological Restoration
Project may not contain a chemical above the RCS-1 concentration, as defined in
310 CMR 40.000: Massachusetts Contingency Plan.
(2) Resource Protection Requirements.
(a) The design and timing of dredging and
dredged material disposal activity shall be such as to avoid interference with
anadromous/catadromous fish runs. At a minimum, no such activity shall occur in
such areas between March 15th and June
15th of any year, except upon a determination by the
Division of Marine Fisheries, pursuant to M.G.L. c. 130, § 19, that such
an activity will not obstruct or hinder the passage of fish.
(b) The design and timing of dredging and
dredged material disposal activity shall be such as to minimize adverse impacts
on shellfish beds, fishery resource areas, and submerged aquatic vegetation.
The Department may consult with the Department of Fish and Game or the natural
resource officer of the municipality regarding the assessment of such
impacts.
(3) Operational Requirements for Dredging.
(a) The extent of dredging shall not exceed
that reasonably necessary to accommodate the navigational requirements of the
project and provide adequate water circulation.
(b) The shoreward extent of dredging shall be
a sufficient distance from the edge of adjacent marshes to avoid slumping. In
general, for improvement dredging projects the edge of the dredging footprint,
including any side cuts, should be at least 25 feet from any marsh boundary. In
areas where significant wake or wash will be generated by vessel traffic,
increased setbacks may be incorporated based on appropriate design
calculations.
(c) In general, no
basin, canal, or channel shall be dredged deeper than the main channel to which
it is connected.
(d) To the maximum
reasonable extent, basins shall have wide openings and short entrance channels
to promote tidal exchange within the basin.
(e) In general, hydraulic dredging shall be
favored over mechanical methods, except when open water disposal of fine
grained material is proposed.
(4) Operational Requirements for Dredged Material Disposal.
(a)
Where determined to be reasonable by the Department, clean dredged material
shall be disposed of in a manner that serves the purpose of beach nourishment,
in accordance with the following provisions:
1. in the case of a publicly-funded dredging
project, such material shall be placed on publicly-owned eroding beaches; if no
appropriate site can be located, private eroding beaches may be nourished if
easements for public access below the existing high water mark can be secured
by the applicant from the owner of the beach to be nourished; or
2. in the case of a privately-funded dredging
project, such material may be placed on any eroding beach.
(b) In the event ocean disposal of dredged
material is determined to be appropriate by the Department, the licensee or
permittee shall:
1. publish in the
Notice to Mariners the date, time, and proposed route of all
ocean disposal activities and the coordinates of the ocean disposal site, as
deemed appropriate by the U.S. Coast Guard;
2. ensure that transport vessels are not
loaded beyond capacity; are equipped with sudden, high volume release
mechanisms; and are at a complete stop when the material is released;
and
3. ensure that disposal occurs
within the boundaries of an approved or otherwise formally designated ocean
disposal site; and that the discharge location is marked during disposal
operations by a buoy equipped with a flashing light and radar reflectors which
allow it to be located under variable sea/weather conditions.
(5) Supervision of Dredging and Disposal Activity.
(a) The licensee or permittee shall inform
the Department in writing at least three days before commencing any authorized
dredging or dredged material disposal.
(b) The licensee or permittee shall provide,
at his or her expense, a dredging inspector approved by the Department who
shall accompany the dredged material while in transit and during discharges,
either upon the scows containing the dredged material or upon the boat towing
them, for the following activities:
1. any
offshore disposal;
2. any onshore
disposal of dredged material greater than 10,000 cubic yards; or
3. the disposal of materials defined by the
Department as potentially degrading or hazardous.
(c) The name, address, and qualifications of
the dredging inspector shall be submitted to the Department as part of the
license or permit application for approval.
(d) Within 30 days after the completion of
the dredging, a report shall be submitted to the Department certified by the
dredging inspector, including daily logs of the dredging operation indicating
volume of dredged material, point of origin, point of destination, and other
appropriate information.
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