The Marion Department of Public Works built an unpermitted 100-foot by 150-foot rock seawall in the vicinity between Sprague’s Cove and Silvershell Beach, which the Massachusetts Department of Environmental Protection, the U.S. Army Corps of Engineers, and now the Marion Conservation Commission have ordered removed.
The seawall, which consists of about 250 rocks and boulders, was placed without prior authorization below the high tide line within a saltmarsh and is in violation of the Rivers and Harbors Act and the Clean Waters Act.
A May 29 letter from Lieutenant Colonel James Hughes of the Army Corps of Engineers and addressed to Harbormaster George Jennings, refers to an application the Town submitted on May 8 seeking authorization to remove the rocks. Hughes ordered the Town to relocate the rocks to an area adjacent to Sprague’s Cove about 125 feet south of an existing groin structure. It also ordered the Town to inform the Corps before work is started.
The Corps issued another letter from Acting Chief Brian Valiton of the Permits and Enforcement Branch, this time to DPW Superintendent Rob Zora dated August 14, confirming that the unpermitted seawall construction was performed by the DPW.
“We have not found any record indicating that portions of the work has been authorized,” the letter states. “Therefore, we must assume work was performed in violation of Section 10 of the Rivers and Harbors Act and in violation of Section 404 of the Clean Waters Act.”
In the letter, Valiton orders the DPW to either remove the seawall according to the Corps’ conditions, or file for an after-the-fact permit. A follow-up site visit from the Corps will come after the seawall is removed to ensure that the saltmarsh vegetation affected by the seawall re-vegetates itself. If not, the Town will have to mitigate the damage through restoration of the vegetation.
The Conservation Commission was first notified of the incident back on April, but took no action until July 29 when now Chairman of the Conservation Commission Norman Hills accompanied Richard Kristoff of the Army Corps of Engineers on a site visit of Sprague’s Cove and Silvershell Beach. The ConCom finally issued an Enforcement Order to the Town of Marion during its meeting on September 24, but did not discuss the matter during the public meeting.
Zora could not be reached for comment to explain why the DPW performed the unpermitted work, who ordered the construction of the unpermitted seawall, or when the seawall will be removed.
Town Administrator Paul Dawson did not respond before deadline Tuesday night.
According to the U.S. Army Corps of Engineers jurisdiction fact sheet, violations of the Clean Water Act are punishable by civil or criminal fines – up to $25,000 per day of violation and up to $50,000 per day for criminal fines.
By Jean Perry