HomeMy WebLinkAbout2025-09-22 Memorandum from STB to Barnstable ConsCom 1
CC: Massachusetts Department of Environmental Protection (DEP), Southeast Regional Office
DATE: September 22, 2025
RE: Urgent Environmental Concerns Regarding Notice of Intent – 268 Stevens Street & 45
Mitchell’s Way, Hyannis, MA
Summary
Save Twin Brooks, Inc. expresses urgent concern regarding the Town of Barnstable’s
insufficient response to critical environmental risks associated with the above-referenced project.
The dewatering activities and associated groundwater discharge pose immediate and potentially
irreversible harm to wetland resource areas, groundwater levels, wildlife habitat, and surface
water systems, particularly Aunt Betty’s Pond and Stewart’s Creek.
1. Inadequate Protection of Wetland Resources
The Notice of Intent (NOI) dated August 19, 2025, submitted by Apex Companies, LLC,
acknowledges the presence of Bordering Vegetated Wetlands (BVW) and Land Under Water
Bodies and Waterways (LUW) adjacent to the project site.
The NOI admits:
• Construction is located outside the 100-foot buffer zone and 50-foot "No Disturb" zone.
• Temporary groundwater drawdown through dewatering may influence adjacent upland
wetland areas.
• Controlled discharge of treated groundwater will occur directly into Aunt Betty’s Pond.
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Although labeled a Limited Project, this activity qualifies as an alteration to LUW under 310
CMR 10.56, with likely impacts on local hydrology and water quality.
Conclusion: These activities constitute material alterations to resource areas under the Wetlands
Protection Act. Claims of "no permanent impacts" are unsubstantiated and contradicted by
observed damage to wildlife and water systems.
2. Critical Questions Requiring Immediate Response
We respectfully request the Barnstable Conservation Commission and DEP respond to the
following questions before proceeding:
1. Is Aunt Betty’s Pond located within a FEMA-designated flood zone?
2. Is Aunt Betty’s Pond the recognized headwater of Stewart’s Creek?
3. Will continued discharge from dewatering cause overflow from Aunt Betty’s Pond
into the drainage system connected to Stewart’s Creek?
o Overflow events occurred during July and August 2025, observed at 722 Main
Street and 407 North Street by Councilor Betty Ludtke and others.
4. What happens to wildlife and wetland vegetation upstream of Aunt Betty’s Pond,
specifically Hyannis Creek at 32 Pleasant Hill Lane?
5. Can the pumped groundwater be retained and recharged into the wetlands at 32
Pleasant Hill Lane after construction?
3. Recommended Mitigation Strategy – Groundwater Recharge
To protect wetland integrity and wildlife habitat, we urge the Commission to require the
retention and reinjection of dewatered groundwater into adjacent wetlands, known as
groundwater recharge. This method:
• Sustains the local water table.
• Minimizes draw-down effects on sensitive wetland areas.
• Has been used in similar infrastructure projects (e.g., Beacon Hill Station, Seattle, WA
source).
Applications:
• Infiltration trenches or injection wells located a safe distance from excavation.
• Temporary recharge systems are standard for urban or environmentally sensitive areas.
The only mitigation currently proposed — visual monitoring and 4-inch drop alerts — is
inadequate.
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4. NOI Deficiencies and Procedural Issues
• The NOI includes Appendix D (Page 51): a hand-drawn, non-stamped map with no scale
or author.
Request: A professionally stamped wetlands delineation drawing must be
submitted before further hearings showing Flood Zones.
• Hyannis Creek is misclassified as intermittent. If it is perennial, abutter notifications are
legally insufficient.
Request: A DEP-certified wetlands biologist must reassess the stream
classification and all construction projects delayed until this is performed.
• Public comments from the previous NOI were not acknowledged, violating principles of
public participation and transparency.
• The GZA Temporary Dewatering Design Submittal – Rev. 1 (8/11/25) notes that if
excavation remains unstable or drawdown is incomplete, the system must be reevaluated.
o Fact: After 10 days of pumping millions of gallons in July 2025, dewatering was
still incomplete.
Conclusion: The current site for the sewer pump station may be unsuitable and
should be reassessed or relocated.
5. Legal and Regulatory Implications
• At least half of 45 Mitchell’s Way lies within a flood zone, per Barnstable GIS (see
attached map).
• Discharge to Aunt Betty’s Pond, if followed by overflow into Stewart’s Creek and out to
the ocean, represents a loss of groundwater and possible regulatory breach.
• Pumped groundwater may contain regulated contaminants (PFAS); thus, discharge
should be evaluated by a Licensed Site Professional (LSP).
Request: The NOI must include an LSP opinion, and DEP guidance must be obtained before
further construction.
Conclusion and Urgent Requests
Due to the above concerns and deficiencies, Save Twin Brooks, Inc. requests the following:
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1. Immediate continuation (postponement) of the public hearing until all requested
documentation, reassessments, and mitigation plans are submitted.
2. Formal evaluation by DEP and LSP of the environmental impacts of dewatering and
discharge.
3. Implementation of a groundwater recharge system to protect adjacent wetlands and
wildlife.
4. Public acknowledgment and response to comments submitted under the previous NOI.
5. Professional stamped wetland delineation maps and hydrological studies be made
publicly available.
The environmental resources at risk are too valuable to be compromised by insufficient planning,
inadequate mitigation, and flawed classification. The Conservation Commission is legally and
ethically obligated to ensure full compliance with Massachusetts Wetlands Protection Act and
applicable state regulations.
Respectfully submitted,
Angela Rutzick and Karen Kim McGuire, Co-Presidents
Save Twin Brooks, Inc.
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Green area of 45 Mitchell’s Way in Barnstable FIS map above is depicted as Flood Zone.