HomeMy WebLinkAboutDRAFT COASTALBOILERrev01032025 COASTAL
10.1
Revised 01/18/2024
SE3-
Name:
Approved Plan =
Special Conditions of Approval
I. Preface
Caution: Failure to comply with all Conditions of this Order of Conditions may result in serious
consequences. Such consequences may include issuance of a Stop Work Order, fine(s),the requirement to
remove unpermitted structures, requirement to re-landscape to original condition, the inability to obtain a
Certificate of Compliance, and more.
The General Conditions of this Order begin on Page 5 and continue through Page 9. The Special Conditions,
if necessary, are contained on Pages 10.1, 10.2, etc. All Conditions contained herein require strict compliance.
II. Prior to the start of work, the following conditions shall be satisfied:
1. Within one month of receipt of this Order of Conditions, and prior to the commencement of any work
approved herein, General Condition Number 9 (recording requirement) on Page 6 shall be complied with.
2. It is the responsibility of the applicant, the owner and/or successor(s), and the project contractor, to ensure
that all conditions of this Order are complied with. The applicant shall provide copies of the Order of
Conditions and approved plans (and any approved revisions thereof) to project contractors prior to the start
of work. Barnstable Conservation Commission Form AB shall be completed and returned to the
Commission prior to the start of work.
3. General Condition No. 10 on Page 6 (sign requirement) shall be complied with.
4. The Conservation Commission shall receive written notice one (1) week in advance of the start of work.
5. The Natural Resources Department shall be notified at least twenty-one (21) working days prior to the start
of work at the site, to inspect the areas for shellfish. If deemed necessary by the Shellfish Constable,
shellfish shall be removed from the work area to a suitable site and/or replanted at the locus following
construction. The foregoing measures for shellfish protection shall ensue at the expense of the applicant.
Note: If a pre-construction site visit is a requirement under this order with the Shellfish Biologist or
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10.2
Revised 01/18/2024
designee in attendance, then the 21 working days’ notice count down will commence the day after the
pre-construction site visit.
6. The applicant shall obtain a building permit for the proposed pier from the Town Building Commissioner.
7. The applicant shall consult with the Harbor Master prior to the start of work on the project to address any
navigational issues that may arise.
8. A construction protocol and methodology shall be submitted in writing two weeks prior to the start of work
to allow sufficient time for approval by the Conservation Agent. It shall list sequencing steps for the
___________________________ construction and installation of erosion controls to prevent erosion into
the buffer and the resource area. Erosion controls shall be installed prior to the pre -construction site
inspection visit.
9. A pre-construction site visit shall include the Conservation Agent, contractor and engineer, and shall take
place prior to the start of work. Erosion controls shall be installed prior to the pre -construction site
inspection visit.
III. The following additional conditions shall govern the project once work begins:
10. General Conditions Nos. 13 and 14 (changes in plan) on Page 6 shall be complied with.
11. General Condition No. 18 (maintaining sediment controls) on Page 7 shall be complied with.
12. The Conservation Commission, its employees, and its agents shall have a right of entry to inspect for
compliance with the provisions of this Order of Conditions.
13. Unless extended, this permit is valid for three years from the date of issuance.
14. An Amended Order does not change the original date of expiration of this Order of Conditions.
15. Any fill used for this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris.
16. All areas disturbed during construction shall be revegetated immediately following completion of work at
the site. No disturbed areas shall be left unvegetated or unmulched for more than thirty (30) days.
Mulching shall not serve as a substitute for the requirement to revegetate disturbed areas at the conclusion
of work.
17. It is very important that prior to use of fertilizers, both certified and noncertified applicators, refer to the
Town of Barnstable Code Chapter 78. Fertilizer Nitrogen and Phosphorous Control. Conservation shall
enforce 78-5B(4) and (8) as follows:
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Revised 01/18/2024
Noncertified fertilizer applicators shall not apply fertilizer closer than 100 feet to any water body, or within
the Zone I of a public drinking water well unless permission is obtained through the enforcement authority
set out in § 78-6D (1) herein allowing such activity.
Noncertified fertilizer applicators shall not deposit grass clippings, leaves, or any other vegetative debris
into or within 50 feet of water bodies, retention and detention areas, drainage ditches or stormwater drains,
or onto impervious surfaces, such as, but not limited to, roadways and sidewalks, except during scheduled
clean-up programs.
18. Salt marsh shall not be damaged or destroyed. If damaged occurs, the applicant shall be responsible to
provide a mitigation plan to restore the salt marsh in consultation with Conservation Administrator.
19. The pier shall be seasonally deployed no earlier than April 1st and removed no later than November 1st.
20. CCA-treated piling and structural timber (greater than three [3] inches thick) are allowed. Otherwise, no
CCA-treated or creosote-treated materials shall be used.
21. The proposed stairs shall be constructed a minimum of one foot above grade without solid risers.
22. Deck plank spacing shall be at least three-quarters of an inch (¾").
23. Fiberglass grating over the salt marsh shall be provided. It shall provide a minimum of 65% light
penetration.
24. Work shall occur during the off-season only: October 15 through May 1.
25. Dredging shall occur only from November 1 through end of February.
26. To maintain approved dredge elevation, a tide staff corresponding to a referenced tidal benchmark shall be
deployed within the limit of dredging
27. To maintain approved dredge footprint, the approved limit of dredging shall be staked in the field and
adhered to.
28. Due to winter flounder, dredging shall not occur between January 15 th and May 31st.
29. Dredge spoils shall be appropriately dewatered and deposited in conformance with DEP Water Pollution
Control protocol. Spoils shall not be deposited within Conservation Commission jurisdiction without prior
board authorization. The applicant shall consult in advance with the Conservation Dep artment regarding
the method of dewatering.
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30. A post-dredging bathymetric survey shall be performed by the project engineer within one (1) year of the
dredging event, and the results submitted to the Conservation Commission for compliance review purposes.
31. No dredging (including but not limited to effects of propeller wash) is permitted herein. Deepening the
berth by propeller scouring is strictly prohibited under this Order.
32. The seasonal floats shall be stored at a suitable upland site. Floats shall not be stored on banks, beaches,
marshes or dunes.
33. Pier sections shall be stored in an upland location and not in the buffer zone.
34. Float stops shall be installed to keep the float a minimum of one foot (1') above the substrate at low tide.
35. Permanent piling shall be driven into place. A “soft start” is required to allow animals an opportunity to
leave the project vicinity before sound pressure levels increase. In addition to using a soft start at the
beginning of the workday for pile driving, one must also be used at any time following cessation of pile
driving for a period of 30 minutes or longer.
a. For impact pile driving: pile driving will commence with an initial set of three strikes by the hammer
at 40% energy, followed by a one-minute wait period, then two subsequent 3-strike sets at 40%
energy, with one-minute waiting periods, before initiating continuous impact driving.
b. For vibratory pile installation: Pile driving will be initiated for 15 seconds at reduced energy
followed by a one-minute waiting period. This sequence of 15 seconds of reduced energy driving,
one minute waiting period will be repeated two additional times, followed immediately by pile
driving at full rate and energy.
The following special conditions (in italics) shall govern boat use at the approved pier. These conditions
shall continue over time. Note: for purposes of this Order of Conditions, the term “pier” shall refer not
only to the linear pile-supported structure, but also to any of its components or appendages, such as the
float(s), ell, tee, ramp, outhaul piling, etc.
36. Motorized craft shall not be used or berthed at the approved pier.
37. Berthed boats shall not ground at low tide.
38. Boats shall only be berthed at the float.
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10.5
Revised 01/18/2024
39. No boat shall be used or berthed at the approved pier such that , at any time, less than twelve inches (12")
of water resides between the bottom of the boat or the propeller in the full downward position – whichever
is lower – and the top of the substrate.
40. No boat shall be used or berthed at the approved pier such that , at any time, less than thirty inches (30”) of
water resides between the bottom of the boat or the propeller in the full downward position – whichever is
lower – and the top of the substrate.
41. When a motorboat is to be berthed at the pier, a minimum of twelve inches (12") of water shall be provided
under the prop with the motor in the downward position, so as to avoid damaging the substrate and
causing re-suspension of sediments that could be harmful to any shellfish, finfish, or aquatic plant species
that may be present.
42. The pier shall be only seasonally deployed: out by November 1st; not in before April 1st.
43. A small sign shall be displayed at the end of the pier, facing open water. It shall read :
44. Any desired pier lighting shall receive prior approval of the Conservation Commission.
45. Lighting, if installed, shall not exceed a 25 -watt incandescent bulb, set a minimum of twelve feet (12') apart
and a maximum of two feet (2') high from the walking surface. These lights must be baffled or shaded to
direct light downward only. The lights cannot utilize timers, and should be switched at the beginning and
end of dock. No lighting shall interfere with safe navigation.
46. Lead piling caps shall not be used.
47. Upon notification by the Conservation agent, an identifying symbol shall be painted on the pier to indicate
its category of allowed boat use.
SE3-5_____; (address)
Limitations:
• No motorcraft allowed
• Seasonal only: April 1 – Oct. 31
• Props 12” above bottom, all times
• Props 30” above bottom, all times
• Other
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10.6
Revised 01/18/2024
48. 310 CMR 10.30(3) of the Wetlands Regulations promulgated under MGL c. 131 § 40, requires that no
coastal engineering structure such as a bulkhead, revetment, or seawall shall be permitted on an eroding
coastal bank at any time in the future.
49. Access shall be provided as a means for along -shore public traverse. If the pier is located on a great pond,
access is required by Chapter 91.
50. Work on the _________ shall ensue mid-tide rising to mid-tide falling, or as otherwise necessary to provide a
minimum twelve (12) inch clearance for the work barge above the substrate.
51. Proposed location of where the bulkhead/revetment breaks the elevation of the beach shall be staked in the field by
the project engineer conforming to the APPROVED plan. The project engineer/surveyor shall comment in the
letter of request for the Certificate of Compliance.
52. Prior to starting any work, a pre-construction meeting on site MUST take place. Site visit shall include the
following parties:
Conservation Agent,
Project Engineer
Contractor
Shellfish Biologist or designated shellfish staff member
Harbormaster (may submit comments to address any navigational issue
The contractor shall prepare and submit a written work protocol to the Conservation Administrator
at least four (4) weeks prior to the preconstruction meeting.
The work protocol shall include specifics of timing, access, equipment, storage and stockpiling of materials
and work limits, use of barge for unloading equipment and materials, use of matting to protect habitat if
necessary, and restoration of area if necessary. The Contractor shall be responsible to take and submit
construction photos for pre-, during, and post construction.
53. Work limit line of proposed coastal structure shall be staked and maintained at all times.
54. Material shall not be stockpiled in the intertidal zone, if deemed suitable habitat for shellfish by shellfish
biologist.
55. Revetment rock shall be natural granite, no sedimentary type rock shall be permitted.
56. Revetment stone shall be placed as tightly as possible with each stone touching its neighboring stone. Six
to twelve inches stone tailings and/or fractured stone shall be used to tightly fill any gaps between
revetment stone. No loose chinking stone will be allowed to remain on wall face. Any loose chinking stone
at base of wall or on beach shall be removed prior to completion of job.
57. Elevation of bottom of toe stone to be confirmed by the engineer/surveyor for Certificate of Compliance.
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58. Work performed from a barge shall ensue mid -tide rising to mid-tide falling or as otherwise necessary to
provide a minimum of twelve (12) inches of clearance of the work barge above the substrate. When not in
use barges shall be berthed offshore as necessary to maintain a minimum of 12 inches of clearance at all
times. Temporary landings for work performed on the shore may be allowed.
59. The engineer/surveyor shall inspect stone location, elevation, slope, placement, and comment of such in a
letter of request for the Certificate of Compliance.
60. The applicant may maintain, in conformance with the plan of record, the proposed pier and other structures
given in the Notice of Intent application for the longevity of the Order of Conditions (3 years). Thereafter,
maintenance may be extended through any forthcoming Certificate of Compliance.
61. Any sand used for nourishment in this project shall be clean and compatible (no finer than existing site beach
sediments). Fill shall contain no trash, refuse, rubbish, or debris.
62. Beach nourishment shall be permitted annually, based on an annual report. Nourishment may be requested
under a revised plan track if project is extended after three years.
63. The reconfiguration zone is herein permitted as shown on the approved plans. No increase in the total float
area is allowed.
64. A boat pump-out station shall be provided. The system design shall meet with the advance approval of the
Conservation agent.
65. Mooring permits held by the applicant shall be relinquished once the approved pier is constructed.
66. In this Order, a mooring permit for the applicant is neither implied nor anticipated. Such a permit is the
domain of the Harbormaster.
IV. After all work is completed, the following conditions shall be promptly met:
67. At the completion of work, or by the expiration of this Order, the applicant shall request in writing a
Certificate of Compliance for the work herein permitted. Barnstable Conservation Commission Form C
shall be completed and returned with the request for a Certificate of Compliance. Where a project has been
completed in accordance with plans stamped by a registered professional engineer, architect, landscape
architect or land surveyor, a written statement by such a professional shall be submitted, certifying
substantial compliance with the plans, setting forth what deviation(s), if any, exists with the approved
plans. This statement, along with Form C, shall accompany the request for a Certificate of Compliance.
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B. FINDINGS:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work
is proposed is significant to the following interests of the Wetlands Protection Act (the Act). Check all
that apply:
a. Public Water Supply b. Land Containing Shellfish c. Prevention of Pollution
d. Private Water Supply e. Fisheries f. Protection of Wildlife
Habitat
g. Groundwater Supply h. Storm Damage Prevention i. Flood Control