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HomeMy WebLinkAboutEric Schwaab comment letter 20250828Tom Lee, Chair August 28, 2025 Conservation Commission 230 South Street Hyannis, MA 02601 RE: 268 Stevens Street Pump Station – Town of Barnstable, Massachusetts Wetlands Protection Act Notice of Intent Dear Mr. Lee, On behalf of the residents of the Town of Barnstable, Village of Hyannis, please accept the following comments regarding the Notice of Intent (NOI) for the proposed sewer pump station at 268 Stevens Street, submitted by the Department of Public Works (DPW) and Apex Companies, LLC (Apex), under the Massachusetts Wetlands Protection Act (M.G.L. Chapter 131, Section 40), the Massachusetts Wetlands Protection Regulations (310 CMR 10.00), and the Barnstable Code, Chapter 237, Wetland Protection Regulations. These comments specifically address documents submitted by Apex Companies, including: • Appendix D: Wetlands Delineation Documentation • Appendix F: Dewatering and Discharge Plan • Appendix G: Monitoring Plan • Appendix H: SWPPP Project Location The project proposes construction of a new submersible sewer pump station partially within a Town -owned easement at 268 Stevens Street and partially within the Mitchells Way right-of-way. While the site is currently a disturbed upland, it is situated in an area with a notoriously high water table, and prior unpermitted dewatering has already caused measurable impacts to surrounding upgradient wetlands. Despite this known sensitivity, the application fails to demonstrate that no practicable and less environmentally damaging alternative exists. This is a core requirement under the Wetlands Protection Act, particularly for “limited projects” or projects proposing alterations to resource areas presumed significant. The lack of an adequate alternatives analysis is a fundamental flaw in this NOI. Dewatering Radius, Volumes and Impacts Although the permanent pump station infrastructure is outside resource areas, construction will require extensive dewatering. • The previous unpermitted dewatering operation at this site demonstrated a zone of influence extending 1,220 feet, with impacts still visible today. • The current plan acknowledges a radius of influence of 850 feet but offers no evidence that such drawdowns will not affect wetlands. • The report dismisses these impacts as “temporary,” yet provides no data, no recovery timeline, and no mitigation plan should groundwater or vegetation fail to rebound. Recommendation: Dewatering should be restricted to the immediate project area (no more than 50 feet from excavation) and discharge volumes must be capped to avoid repeating prior impacts at 45 Mitchells Way, which lies within the buffer zone of Aunt Betty’s Pond. Discharge Water Quality Testing As stated, the NOI does not quantify the volume of water expected to be discharged. By comparison, the previous unpermitted dewatering displaced an estimated 10 million gallons of groundwater, with observable ecological damage persisting. The application also omits any discussion of water quality parameters. Discharge to Aunt Betty’s Pond raises significant concerns regarding: • Nutrient loading (nitrogen, phosphorus) • Emerging contaminants such as PFAS • Turbidity and sedimentation Recommendation: The Commission should require Apex to provide clear discharge volume estimates, water quality sampling protocols (before, during, and after discharge), and enforceable limits for nutrients and PFAS prior to approval. Resource Area Impacts The wetlands delineation submitted (Appendix D) is based on a hand-drawn sketch, with no detailed topography or recognition of upland wetlands. This is inadequate for regulatory review. Bordering Vegetated Wetlands (BVW): 310 CMR 10.55 requires preservation of hydrologic regime and vegetation. Drawdown of four inches from an unspecified location, as proposed, could devastate sensitive wetlands such as those at 32 Pleasant Hill Lane, already impaired by earlier unpermitted dewatering. The NOI fails to identify where monitoring points will be located which is a critical omission. Land Under Water (LUW): 310 CMR 10.56 states that any discharge into Aunt Betty’s Pond constitutes alteration of LUW. Apex proposes treatment through an 8,000-gallon sedimentation tank, but this system does not address nutrients or PFAS. Furthermore, while the applicant asserts that no permanent impacts will occur, this is unsupported by evidence. The permanent alteration of groundwater hydrology through repeated drawdowns cannot be dismissed as temporary. In addition, the cumulative impact of prior and proposed projects in this location has not been addressed. Environmental Protection Measures The NOI lists standard erosion controls, stockpile management, and staff gauges, but several deficiencies remain: • Monitoring Locations: Not identified. Placement is critical to detecting early impacts, especially at Crooked Pond, Aunt Betty’s Pond, and the impaired wetlands at 32 Pleasant Hill Lane. • Recovery Criteria: “Temporary” impacts are not defined. A fluctuation of four inches may be tolerable in one system but catastrophic in another. • Contingency Plans: While shutdown procedures are mentioned, the plan lacks enforceable triggers tied to specific wetland conditions or water quality results. Stormwater Management The applicant seeks a waiver from the Stormwater Report requirement, claiming no new impervious area will be created. However, the dewatering system itself constitutes a stormwater discharge into resource areas and should be evaluated under the Massachusetts Stormwater Management Standards. A waiver is not appropriate given the sensitivity of Aunt Betty’s Pond and Stewarts Creek watershed. Summary and Recommendations The Stevens Street Pump Station NOI contains serious deficiencies that must be addressed before approval: 1. Failure to evaluate practicable alternatives, as required by law. 2. Lack of quantified discharge volumes and water quality standards for nutrient and PFAS contamination. 3. Inadequate wetlands delineation and omission of critical monitoring locations. 4. Unsupported claims of “temporary” impacts, despite past evidence of long-term damage. 5. Improper request for stormwater waiver, given the scale of discharge into sensitive water bodies. We respectfully urge the Conservation Commission to deny this NOI unless and until the applicant provides a full alternatives analysis, quantified discharge volumes, water quality standards, and enforceable monitoring protocols that protect the wetlands, ponds, and hydrology of this vulnerable area. Respectfully submitted, Eric Schwaab 157 Melbourne Road Hyannis, MA 02601 On behalf of concerned residents of the Town of Barnstable Delivered 8/28/2025 to the Conservation Commission and the following: Kimberly.Cavanaugh@town.barnstable.ma.us cynthia.lovell@town.barnstable.ma.us mark.ells@town.barnstable.ma.us Daniel.Santos@town.barnstable.ma.us edwin.hoopes@town.barnstable.ma.us Philip.Beaudoin@town.barnstable.ma.us