HomeMy WebLinkAbout0307 MILLWAY a
4
The Commonwealth of Massachusetts
ARCHITECTURAL ACCESS BOARD
One Ashburton Place - Room 1310
Boston, Massachusetts 02108
WILLIAM F. WELD (617) 727-0660
GOVERNOR 1-800-828-7222
DEBORAH A. RYAN Voice and TDD
EXECUTIVE DIRECTOR Fax: (617) 727-0665
STIPULATED ORDER
RE: Barstable Harbor, Millway Lane (off Route 6A) Barnstable
A complaint was filed with the Board regarding alleged violations of-the Rules and
Regulations with respect to the above premises.
By letter of December 11, 1996 ,Thomas Mullen, ,Superintendent, of said property,
has agreed to take the following actions:
To provide two handicapped parking.spaces in the lot.
The Board hereby adopts this plan as its own order.
Such actions shall be completed by May 31,1997.
You are required to notify this office, in writing, within five (5) days of the completion date,
indicating whether or not the above work has been completed. If possible, it is extremely
helpful to include photographs indicating that the work has been completed.
Any person aggrieved by the above decision may request an adjudicatory hearing before the
Board within 30 days of receipt of this decision by filing the attached request for adjudicatory
hearing form. If after 30 days, a request for an adjudicatory hearing is not received, the above
decision becomes a final order and.the appeal process is through Superior Court.
Date: January 14, 1997 ARCHITECTURAL ACCESS BOARD
Edward F. Kelly
Chairperson
cc:' . Complainant
L0
cal Building Inspector
as
ARCHIVED
SPECIFICATIONS
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Map & Parcel # ga-z) - -o fG
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Permit number, if assigned:
Permit date:
Per Tom Perry, these Specification books must be
kept indefinitely. Check with the Commissioner
before discarding any of these documents.
They can be moved to storage if needed.
Archived Specs
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300-022 110 FREEZER ROAD-Multiple Address BARNSTABLE, TOWN OF (LDG) BARN 300022
(110 FREEZER ROAD-COMFORT STATION)
300-022 110 FREEZER ROAD-Multiple Address BARNSTABLE, TOWN OF(LDG) BARN 300022
(114 FREEZER ROAD-SEWER PUMP STATION)
300-022 110 FREEZER ROAD-Multiple Address BARNSTABLE, TOWN OF(LDG) BARN 300022
(187 MILLWAY-MARINA BOOTH)
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301-064 307 MILLWAY MASSACHUSETTS, COMMONWEALTH OF BARN 301064
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program X230685
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
Water-Dependent, Nonwater-Dependent, Amendment
G. Municipal Zoning Certificate
Town of Barnstable
Name of Applicant
Millway Barnstable Harbor Barnstable
Project street address Waterway City/Town
Description of use or change in use:
Proposed repairs to the boat ramp include reconstructing the bottom 26 feet of the boat ramp and the
addition of 17.5 feet of articulated concrete mat to the toe of the boat ramp. The remaining existing
ramp will be repaved by repairing existing holes and adding an additional layer of bitumen concrete
paving over the existing. The concrete wall along the southern edge will be repaired by removing the
top edge and concrete encapsulation of the portion to remain. The pier deck and railing will be
replaced.
To be completed by municipal clerk or appropriate municipal official:
"I hereby certify that the project described above and more fully detailed in the applicant's waterways
license application and plans is not in violation of local zoning ordinances and bylaws."
Thomas Perry
Printed Name of Municip Official Dat
4
Building Commissioner Barnstable
signature o Municipal Official Title City/Town
CH91 App.doc- Rev.6/06 Page 6 of 13
Bourne. Consulting Engineering
3 Bent Street
Ronald,R.'Bourne',P.E.-President Franklin, MA 02038
- . October 26,2009 -
Town of Barnstable
Building Division
200 Main Street
Hyannis, MA 02601
Attn: Thomas Perry
Re: Town of Barnstable,Department of Public Works,
Mill Way Boat Ramp Repairs (BCE 28718)
Subj: Municipal•Zoning Certificate M V
Dear Mr.Perry:
Please find attached a copy of the Chapter 91 License Application by'ihe.Town of Barnstable,
DPW for the proposed repair•to the Mill Way boat ramp. The-application is being sent to you
along with a Municipal Zoning Certificate form, which is required as part of the-Chapter 91
application process. Also please find.enclosed a self addressed,stamped envelope.Please review,
the application for conformance with the Zoning regulations,of the:town and return_ the completed
Municipal Zoning Certificate form to us in the self addressed stamped envelope.
Thank you for your attention to this matter. Ifyou,have any questions, please,do not hesitate-to
contact me.
VZE
ery.truly yours, l p
BOURNE CONSULTING ENGINEERING
?tii
Alyssa Richard . - 03
_ Environmental Specialist
Enclosure' 'r .
Tel. (508) 533-6666 • Fax(508) 533=0600 *.e-mail:bce@ioumece.com -
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program X230685
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
Water-Dependent, Nonwater-Dependent, Amendment
Important: A. Application Information Check one
When filling out Pp
forms on the
computer,use NOTE: For Chapter 91 Simplified License application form and information see the Self Licensing
only the tab key Package for BRP WW06.
to move your
cursor-do not Name (Complete Application Sections) Check One Fee Application#
use the return pp
key. WATER-DEPENDENT -
LIID
General (A-H) ❑ Residential with < 4 units $175.00 BRP WW01a
,e1wn ® Other $270.00 BRP WW01 b
❑ Extended Term $2730.00 BRP WW01c
Forassistance -..-......--.-..-..-..-..-..-...... - -.-..-..-..-.....-.-...-- -.-..-...... -..-..-..-..-..-..-..-..-..-...... - -..-..--------------------------
in completing this Amendment(A-H) ❑ Residential with < 4 units $85.00 BRP WW03a
application,please —
see the
"Instructions". ❑ Other $105.00 BRP WW03b
NONWATER-DEPEN DENT -
Full (A-H) ❑ Residential with <4 units $545.00 BRP WW15a
❑ Other $1635.00 ,BRP WW15b
❑ Extended Term $2730.00 BRP WW15c
Partial (A-H) ❑ Residential with < 4 units $545.00 BRP WW14a
❑ Other $1635.00 BRP WW14b
❑ Extended Term $2730.00 BRP WW14c
Municipal Harbor Plan (A-H) ❑ Residential with <4 units $545.00 BRP WW16a
❑ Other $1635.00 BRP WW16b
❑ Extended Term $2736.00 BRP WW16c
Joint MEPA/EIR (A-H) ❑ Residential with < 4 units $545.00 BRP WW17a
❑ Other $1635.00 BRP WW17b
❑ Extended Term $2730.00 BRP WW17c
Amendment(A-H) ❑ Residential with < 4 units $435.00 BRP WW03c
❑ Other $815.00 BRP WW03d
❑ Extended Term $1090.00 BRP WW03e
CH91App.doc-Rev.6/06 Page 1 of 13
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program x230685
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
Water-Dependent, Nonwater-Dependent,Amendment
B. Applicant Information Proposed Project/Use Information
1. Applicant:
Town of Barnstable
Name E-mail Address
367 Main Street
Mailing Address
Note:Please refer Hyannis MA
to the"Instructions," 02601
City/Town State Zip Code
508-862-4088 508-862-4711
Telephone Number Fax Number
2. Authorized Agent(if any):
Russell Titmuss rtitmuss bournece.com
Name E-mail Address
Bourne Consulting Engineering 3 Bent Street
Mailing Address
Franklin MA, 02038
City/Town State Zip Code
5085336666 5085330600
Telephone Number Fax Number
C. Proposed Project/Use Information
1. Property Information (all information must be provided):
Town of Barnstable
Owner Name(if different from applicant)
300 027 410 42' 25" 700 17' 56"
Tax Assessor's Map and Parcel Numbers Latitude Longitude
Millway, Barnstable MA 02630
Street Address and City/Town State Zip Code
2. Registered Land ® Yes ❑ No r
3. Name of the water body where the project site is located:
Barnstable Harbor/Cape Cod Bay
4. Description of the water body in which the project site is located (check all that apply):
Type Nature Designation
❑ Nontidal river/stream ® Natural ❑ Area of Critical Environmental Concern
® Flowed tidelands ❑ Enlarged/dammed ❑ Designated Port Area
k
❑ Filled tidelands ❑ Uncertain ❑ Ocean Sanctuary
❑ Great Pond ❑ Uncertain
❑ Uncertain
CH91App.doc•Rev.6/06 Page 2 of 13
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program x230685
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
Water-Dependent, Nonwater-Dependent,Amendment
C. Proposed Project/Use Information (cont.)
Select use(s)from
Project Type Table 5. Proposed Use/Activity description
on pg.2 of the
"Instructions" The Town of Barnstable is proposing to repair and maintain the boat ramp. Repairs would include
reconstructing sections of the existing headwall, repairing holes in the boat ramp, extending the boat
ramp and headwall, replacing timber piles and adding an articulated concrete map to the toe of the
boat ramp.
6. What is the estimated total cost of proposed work (including materials & labor)?
$60,000
7. List the name & complete mailing address of each abutter(attach additional sheets, if necessary). An
abutter is defined as the owner of land that shares a common boundary with the project site, as well
as the owner of land that lies within 50' across a waterbody from the project.
Robert A Venditti, Trustee c/o Mattakeese Wharf, Mill Way, Barnstable MA 02630
Name Address
Mill Way Marina, Inc PO Box 322 Barnstable, MA 02630
Name Address
Name Address
D. Project Plans
1. I have attached plans for my project in accordance with the instructions contained in (check one):
® Appendix A(License plan) ❑ Appendix B (Permit plan)
2. Other State and Local Approvals/Certifications
❑401 Water Quality Certificate
Date of Issuance
® Wetlands SE003-4839
File Number
❑ Jurisdictional Determination JD-
File Number
❑ MEPA
File Number
❑ EOEA Secretary Certificate
Date
❑ 21 E Waste Site Cleanup
RTN Number
CH91App.doc•Rev.6/06 Page 3 of 13
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program X�306 85
Chapter 91 Waterways License Application - 310 CMR 9.00 Transmittal No.
Water-Dependent, Nonwater-Dependent, Amendment
E. Certification
All applicants, property owners and authorized agents must sign this page. All future application
correspondence may be signed by the authorized agent alone.
"I hereby make application for a permit or license to authorize the activities I have described herein. Upon
my signature, I agree to allow the duly authorized representatives of the Massachusetts Department of
Environmental Protection and the Massachusetts Coastal Zone Management Program to enter upon the
premises of the project site at reasonable times for the purpose of inspection."
"I hereby certify that the information submitted in this application is true and accurate to the best of my
knowledge."
MAant's signature Ta✓JV Vie/%ii%/�. Date
Property Owner's signature(if different than applicant) Date
Agent's signature(if applicable) Date
CH91App.doc•Rev.6/06 Page 4 of 13
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program X230685
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
Water-Dependent, Nonwater-Dependent,Amendment
G. Municipal Zoning Certificate
Town of Barnstable
Name of Applicant
Millway Barnstable Harbor Barnstable
Project street address Waterway City/Town
Description of use or change in use:
Proposed repairs to the boat ramp include reconstructing the bottom 26 feet of the boat ramp and the
addition of 17.5 feet cf articulated concrete mat to the toe of the boat ramp. The remaining existing
ramp will be repaved by repairing existing holes and adding an additional layer of bitumen concrete
paving over the existing. The concrete wall along the southern edge will be repaired by removing the
top edge and concrete encapsulation of the portion to remain. The pier deck and railing will be
replaced.
To be completed by municipal clerk or appropriate municipal official:
"I hereby certify that the project described above and more fully detailed in the applicant's waterways
license application and plans is not in violation of local zoning ordinances and bylaws."
Thomas Perry
Printed Name of Municipal Official Date
Building Commissioner Barnstable
Signature of Municipal Official Title City/Town
CH91App.doc• Rev.6/06 Page 6 of 13
1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program X230685
Transmittal No.
Chapter 91 Waterways License Application -310 CMR 9.00
Water-Dependent, Nonwater-Dependent, Amendment
H. Municipal Planning Board Notification
Notice to Town of Barnstable
Applicant: Name of Applicant
Section H should Millway Barnstable Harbor Barnstable
be completed and Project street address Waterway City/Town
submitted along
with the original Description of use or change in use:
application material.
Proposed repairs to the boat ramp include reconstructing the bottom 26 feet of the boat ramp and the
addition of 17.5 feet of articulated concrete mat to the toe of the boat ramp. The remaining existing
ramp will be repaved by repairing existing holes and adding an additional layer of bitumen concrete
paving over the existing. The concrete wall along the southern edge will be repaired by removing the
top edge and concrete encapsulation of the portion to remain. The pier deck and railing will be
replaced.
To be completed by municipal clerk or appropriate municipal official:
"I hereby certify that the project described above and more fully detailed in the applicant's waterways
license application and plans have been submitted by the applicant to the municipal planning board."
Jo Anne Miller Buntich
Printed Name of Municipal Official Date
Director, Growth Mgt Barnstable
Signature of Municipal Official Title City/Town
Note: Any comments, including but not limited to written comments, by the general public, applicant,
municipality, and/or an interested party submitted after the close of the public comment period
pertaining to this Application shall not be considered, and shall not constitute a basis for standing in
any further appeal pursuant to 310 CMR 9.13(4)and/or 310 CMR 9.17.
CH91App.doc•Rev.6/06 Page 7 of 13
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program x230685
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
Water-Dependent, Nonwater-Dependent,Amendment
Appendix A: License Plan Checklist
General View
® PE or RLS, as deemed appropriate by the Department, stamped and signed, in ink, each sheet
within 8 1/2 inch by 11 inch border
® Format and dimensions conform to "Sample Plan" (attached)
® Minimum letter size is 1/8 of an inch if freehand lettering, 1/10 of an inch if letter guides are used
® Sheet number with total number in set on each sheet
® Title sheet contains the following in lower left: Plans accompanying Petition of[Applicant's name,
structures and/or fill or change in use, waterway and municipality]
® North arrow
® Scale is suitable to clearly show proposed structures and enough of shoreline, existing structures
and roadways to define its exact location
® Scale is stated & shown by graphic bar scale on each sheet
❑ Initial plans may be printed on bond; final plans due before License issuance must be on 3mil
Mylar.
Structures and Fill
® All Structures and Fill shown in full BLACK lines, clearly labeling which portions are existing,
which are Proposed and indicating Existing Waterways Licenses
Cross Section Views show MHW*and MLW*and structure finish elevations
® Dredge or Fill, actual cubic yardage must be stated and typical cross sections shown
® All Structures and Fill shown in full BLACK lines, clearly labeling which portions are existing,
which are Proposed and indicating Existing Waterways Licenses
® Cross Section Views show MHW* and MLW*and structure finish elevations
® Dredge or Fill, actual cubic yardage must be stated and typical cross sections shown
® Actual dimensions of structures(s) and or fill and the distance which they extend beyond MHW*
or OHW*
❑ Change in Use of any structures on site must be stated
* See 310 CMR 9.02, Waterways Regulations definitions of High Water Mark, Historic High Water
Mark, Historic Low Water Mark, and Low Water Mark. Note: DEP may, at its discretion, accept
appropriately scaled preliminary plans in lieu of the plans described above. In general, DEP will
accept preliminary plans only for non-water dependent projects and projects covered by MEPA to
C1191App.doc• Rev.6/06 Page 8of 13
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program x230685
Chapter 91 Waterways License Application -310 CMR 9.00
Transmittal"°.
Water-Dependent, Nonwater-Dependent,Amendment
Appendix A: License Plan Checklist (cont.)
Boundaries
® Property lines,full black lines, along with abutters' names and addresses
® Mean High Water(MHW)*or Ordinary High Water(OHW)*, full black line
® Mean Low Water (MLW)*, black dotted line, (.............)
❑ Historic MHW* or OHW* (---- )
❑ Historic MLW* (..._...
_..._)
❑ State Harbor Lines, black dot-dash line (— .— .— . — )with indication of Chapter&Act
establishing them (Ch. , Acts of)
® Reference datum is National Geodetic Vertical Datum (NGVD)or(NAVD).
❑ Floodplain Boundaries according to most recent FEMA maps
❑ Proposed & Existing Easements described in metes & bounds
Water-Dependent Structures
® Distance from adjacent piers, ramps or floats (minimum distance of 25' from property line,where
feasible)
® Distance from nearest opposite shoreline
® Distance from outside edge of any Navigable Channel
® Access stairs at MHW for lateral public passage, or 5 feet of clearance under structure at MHW.
Non Water-Dependent Structures
❑ Depict extent of"Water-dependent Use Zone".
See Waterways Regulations at 310 CMR 9.51-9.53 for additional standards for non water-dependent
} use projects.
Note: Final Mylar project site plans will be required upon notice from the Department, prior to issuance of
the Chapter 91 Waterways License.
CH91 App.doc• Rev..6/06 Page 9 of 13
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program x230685
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
Water-Dependent, Nonwater-Dependent,Amendment
Please answer all questions in the General Waterways Application form. If a question does not
apply to your project write "not applicable" (n/a) in that block. Please print or type all information
provided on the form. Use black ink (blue ink or pencil are not easily reproducible, therefore,
neither will be accepted). If additional space is needed, attach extra 8-1/2" x 11" sheets of paper.
® Proper Public Purpose: For nonwater-dependent projects, a statement must be included that
explains how the project serves a proper public purpose that provides greater benefit than
detriment to public rights in tidelands or great ponds and the manner in which the project meets the
applicable standards. If the project is a nonwater-dependent project located in the coastal zone,the
statement should explain how the project complies with the standard governing consistency of the
policies of the Massachusetts Coastal Zone Management Program, according to 310 CMR 9.54. If
the project is located in an area covered by a Municipal Harbor Plan, the statement should describe
how the project conforms to any applicable provisions of such plan pursuant to 310 CMR 9.34(2).
® Plans: Prepared in accordance with the applicable instructions contained in Appendix A-B of this
application. For initial filing, meet the requirements of 310 CMR 9.11(2)(b)(3).
® Applicant Certification:All applications must be signed by"the landowner if other than the applicant.
In lieu of the landowner's signature,the applicant may provide other evidence of legal authority to
submit an application for the project site." If the project is entirely on land owned by the
Commonwealth(e.g. most areas below the current low water mark in tidelands and below the historic
high water mark of Great Ponds),you may simply state this in lieu of the"landowner's signature".
❑ Municipal Zoning Certification: If required, applicants must submit a completed and signed
Section E of this application by the municipal clerk or appropriate municipal official or, for the
initial filing, an explanation of why the form is not included with the initial application. If the project
is a public service project subject to zoning but will not require any municipal approvals, submit a
certification to that effect pursuant to 310 CMR 9.34(1).
❑ Municipal Planning Board Notification: Applicants must submit a copy of this application to the
municipal planning board for the municipality where the project is located. Submittal of the
complete application to DEP must include Section H signed by the municipal clerk, or appropriate
municipal official for the town where the work is to be performed, except in the case of a
proposed bridge, dam, or similar structure across a river, cove, or inlet, in which case it must be
certified by every municipality into which the tidewater of said river, cove, or inlet extends.
❑ Final Order of Conditions: A copy of one of the following three documents is required with the
filing of a General Waterways Application: (1)the Final Order of Conditions (with accompanying
plan) under the Wetlands Protection Act; (2)a final Determination of Applicability under that Act
stating that an Order of Conditions is not required for the project; or(3) the Notice of Intent for the
initial filing (if the project does not trigger review under MEPA.
❑ Massachusetts Environmental Protection Act (MEPA): MGL 30, subsections 61-61A and 301
CMR 11.00, submit as appropriate: a copy of the Environmental Notification Form (ENF)and a
Certificate of the Secretary of Environmental Affairs thereon, or a copy of the final Environmental
Impact Report(EIR)and Certificate of the Secretary stating that it adequately and properly
complies with MEPA; and any subsequent Notice of Project change and any determination
issued thereon in accordance with MEPA. For the initial filing, only a copy of the ENF and the
Certificate of the Secretary thereon must be submitted.
Note: If the project is subject to MEPA,the Chapter 91 Public Notice must also be submitted to MEPA for
publication in the"Environmental Monitor'. MEPA filing deadlines are the 15`h and 30`h of each month.
Appendix C: Application Completeness Checklist (cont.)
Chl91App.doc•Rev.6/06 Page 13of 13
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program X230685
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
Water-Dependent, Nonwater-Dependent, Amendment
Please answer all questions in the General Waterways Application form. If a question does not
apply to your project write "not applicable" (n/a) in that block. Please print or type all information
provided on the form. Use black ink (blue ink or pencil are not easily reproducible, therefore,
neither will be accepted). If additional space is needed, attach extra 8-1/2" x 11" sheets of paper.
® Proper Public Purpose: For nonwater-dependent projects, a statement must be included that
explains how the project serves a proper public purpose that provides greater benefit than
detriment to public rights in tidelands or great ponds and the manner in which the project meets the
applicable standards. If the project is a nonwater-dependent project located in the coastal zone,the
statement should explain how the project complies with the standard governing consistency of the
policies of the Massachusetts Coastal Zone Management Program, according to 310 CMR 9.54. If
the project is located in an area covered by a Municipal Harbor Plan, the statement should describe
how the project conforms to any applicable provisions of such plan pursuant to 310 CMR 9.34(2).
® Plans: Prepared in accordance with the applicable instructions contained in Appendix A-B of this
application. For initial filing, meet the requirements of 310 CMR 9.11(2)(b)(3).
® Applicant Certification:All applications must be signed by"the landowner if other than the applicant.
In lieu of the landowner's signature,the applicant may provide other evidence of legal authority to
submit an application for the project site." If the project is entirely on land owned by the
Commonwealth(e.g. most areas below the current low water mark in tidelands and below the historic
high water mark of Great Ponds),you may simply state this in lieu of the"landowner's signature".
❑ Municipal Zoning Certification: If required, applicants must submit a completed and signed
Section E of this application by the municipal clerk or appropriate municipal official or, for the
initial filing, an explanation of why the form is not included with the initial application. If the project
is a public service project subject to zoning but will not require any municipal approvals, submit a
certification to that effect pursuant to 310 CMR 9.34(1).
❑ Municipal Planning Board Notification: Applicants must submit a copy of this application to the
municipal planning board for the municipality where the project is located. Submittal of the
complete application to DEP must include Section H signed by the municipal clerk, or appropriate
municipal official for the.town where the work is to be performed, except in the case of a
proposed bridge, dam, or similar structure across a river, cove, or inlet, in which case it must be
certified by every municipality into which the tidewater of said river, cove, or inlet extends.
❑ Final Order of Conditions: A copy of one of the following three documents is required with the
filing of a General Waterways Application: (1)the Final Order of Conditions (with accompanying
plan) under the Wetlands Protection Act; (2)a final Determination of Applicability under that Act
stating that an Order of Conditions is not required for the project; or(3)the Notice of Intent for the
initial filing (if the project does not trigger review under MEPA).
❑ Massachusetts Environmental Protection Act (MEPA): MGL 30, subsections 61-61A and 301
CMR 11.00, submit as appropriate: a copy of the Environmental Notification Form (ENF)and a
Certificate of the Secretary of Environmental Affairs thereon, or a copy of the final Environmental
Impact Report (EIR)and Certificate of the Secretary stating that it adequately and properly
complies with MEPA; and any subsequent Notice of Project change and any determination
issued thereon in accordance with MEPA. For the initial filing, only a copy of the ENF and the
Certificate of the Secretary thereon must be submitted.
Note: If the project is subject to MEPA,the Chapter 91 Public Notice must also be submitted to MEPA for
publication in the"Environmental Monitor". MEPA filing deadlines are the 15`h and 30`h of each month.
Appendix C: Application Completeness Checklist (cont.)
C1191App.doc Rev.6/06 Page 13 of 13
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program X230685
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
Water-Dependent, Nonwater-Dependent,Amendment
❑ Water Quality Certificate: if applicable, pursuant to 310 CMR 9.33, is included.
❑ Other Approvals: as applicable pursuant to 310 CMR 9.33 or, for the initial filing, a.list of such
approvals which must be obtained.
Projects involving dredging:
❑ The term "dredging" means the removal of materials including, but not limited to, rocks,
bottom sediments, debris, sand, refuse, plant or animal matter, in any excavating, clearing,
deepening, widening or lengthening, either permanently or temporarily, of any flowed
tidelands, rivers, streams, ponds or other waters of the Commonwealth. Dredging includes
improvement dredging, maintenance dredging, excavating and backfilling or other dredging
and subsequent refilling. Included is a completed and signed copy of Part F of the
application.
Filing your Completed General Waterways Application:
® For all Water-Dependent applications—submit a completed General Waterways Application
and all required documentation with a photocopy of both payment check and DEP's Transmittal
Form for Permit Application &Payment to the appropriate DEP regional office (please refer to Pg.
1.0 of the"Instructions"for the addresses of DEP Regional Offices).
❑ For all Non Water-Dependent applications—submit a completed General Waterways
Application and all required documentation with a photocopy of both payment check and DEP's
Transmittal Form for Permit Application & Payment to DEP's Boston office.
Department of Environmental Protection
Waterways Regulation Program
One Winter Street
Boston, MA 02108
❑ Application Fee Payment for ALL Waterways Applications: Send the appropriate Application
fee* (please refer to Page 1 of the"Application"), in the form of a check or money order, along
with DEP's Transmittal Form for Permit Application & Payment:
Department of Environmental Protection
P.O. Box 4062
Boston, MA 02211
* Under extreme circumstances, DEP grants extended time periods for payment of license and
permit application fees. If you qualify, check the box entitles"Hardship Request" on the
Transmittal Form for Permit Application &Payment. See 310 CMR 4.04(3)(c)to identify
procedures for making a hardship request. Send hardship request and supporting documentation
to the above address.
NOTE: You may be subject to a double application fee if your application for Chapter 91
authorization results from an enforcement action by the Department or another agency of the
Commonwealth or its subdivisions, or if your application seeks authorization for an existing
unauthorized structure or use.
CH91App.doc-Rev.6/06 Page 14 of 13
Town of Barnstable
Harbor Boat Ramp
Boat Ramp Repairs
Project Narrative
The Town of Barnstable is proposing to repair and maintain the boat ramp and timber
pier located off of Mill Way in Barnstable, MA. The existing boat ramp was constructed
in 1963.
The existing boat ramp is a bitumen concrete ramp extending from approx. elevation
+13'MLW (Mean Low Water) down to approx. O'MLW. The existing ramp is
approximately 5 feet wide and runs in an east-west direction. The ramp has a concrete
wall on the southern edge and riprap stone along the northern edge beneath the existing
timber pier. The existing timber pier is approximately 5 feet wide and 97 feet in length.
The deck elevation of the pier matches the grade at the top of the boat ramp. The end of
the pier connects to a gangway and seasonal timber float used to assist in boat launching
and retrieval.
The upland area adjacent to boat ramp is mostly paved parking lot for parking and boat
storage. Resource areas to the south of the boat ramp include armored coastal bank
(riprap) and coastal beach. North of the timber pier there is an area of salt marsh with
riprap along the top edge. The areas outshore of the boat ramp are Land under Ocean and
the parking lot is Land subject to Coastal Storm Flowage.
During construction the adjacent resources will be protected by silt fencing and a floating
silt screen will be deployed around the project area.
As shown on the Mass GIS data layers for Barnstable Harbor, the project site is not
located within Priority Habitat of Rare Species and Estimated Habitat of Rare Species or
Areas of Critical Environmental Concern and Outstanding Resource Waters.
Mass GIS data layers for the project site show the area as suitable for Blue Mussel
shellfish and the area is considered Land Containing Shellfish. No shellfish survey has
been performed but the boat ramp is either paved with bitumen concrete or riprap and
potential area impacted is minimized. Construction impacts from the project will be
avoided as far as possible by confining construction inside a cofferdam and silt barrier.
The existing boat ramp is now in poor condition. The toe of the ramp has been
undermined and now poses a safety hazard when used at low water. The southern edge
.of the ramp is breaking up due to undermining and erosion of the adjacent beach. The
current deteriorating conditions of the boat ramp pose a threat to the safety of boats being
launched. The proposed repairs and addition of the articulated concrete mat would make
the ramp safer and prolong the life of the ramp.
The existing timber pier has a number of piles and some of the cross bracing in poor
condition.
The boat ramp, timber pier and adjacent areas can be seen in Photographs 1 through 6.
Proposed repairs to the boat ramp include reconstructing the bottom 26 feet of the boat
ramp from elevation 4'MLW down to O'MLW and the addition of 17.5 feet of articulated
concrete mat to the toe of the boat ramp. The reconstructed portion of the boat ramp
would consist of a cast in place concrete slab with a deep toe on the south side to protect
against future undermining.
The remaining existing ramp will be repaved by repairing existing holes and adding an
additional layer of bitumen concrete paving over the existing. The concrete wall along
the southern edge will be repaired by removing the top edge and concrete encapsulation
of the portion to remain. The pier deck and railing will be replaced.
Eight deteriorated piles on the existing pier will be replaced and two cross braces will be
replaced.
The expansion proposed by addition of the articulated concrete mat will require an
estimated excavation of 420 square feet and 30 cubic yards of Land under the Ocean.
4-1
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Photo 1: Boat ramp at Mill Way looking northeast.
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Photo 6: Boat ramp and pier looking northwest.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program X225904
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
Water-Dependent, Nonwater-Dependent,Amendment
G. Municipal Zoning Certificate
Town of Barnstable, Department of Public Works
Name of Applicant
307 Millway Road Maraspin Creek/Barnstable Barnstable
Project street address Harbor City/Town
Description of use or change in use:
Installation of a temporary/removable sand containment barrier to minimize the build-up of sediments
on the public boat ramp..
To be completed by municipal clerk or appropriate municipal official:
"I hereby certify that the project described above and more fully detailed in the applicant's waterways
license application and plans is not in violation of local zoning ordinances and bylaws."
Printed Name of Municipal Official Dat
Signature of Municipal Official Title City/Town
r ,
F
CH91App.doc-Rev.6/06 Page 6 of 13
1
February 10, 2009
Mr. Thomas Perry
Barnstable Building Commissioner
200 Main Street °
Hyannis,MA 02601
190 Old Derby Street
Suite 311
RE: Chapter 91 Permit Application
Municipal Zoning Certificate Hingham.
Temporary/Removable Sand Containment Barrier Massachusetts
Blish Point Public Access Facility
Barnstable, MA 02043
Transmittal#W225904
tel: (781)749-2530
Dear Mr. Perry: fax:(781)749-2751
On behalf of the Town of Barnstable, Department of Public Works (Town), Vine
Associates, Inc. (VAI) has submitted a Chapter 91 license application for the
installation of a temporary/removable sand containment barrier at the Blish Point
Public Access Facility. This structure will help minimize/eliminate sand build-up
which is presently accumulating along the public boat ramp.
Enclosed please find one (1) copy of the Chapter 91 license application for your
review. As part of the Chapter 91 license application process, the Town is required to
submit a Municipal Zoning Certificate to the Department of Environmental Protection
(DEP), which is enclosed for your signature. After your review of the application,
please return this form to us in the enclosed self-addressed envelope.
If you have any questions, or require further information, please contact our office at
(781) 749-2530 x202. Thank you very much for your immediate attention to this
matter.
Sincerely,
VINE ASSOCIATES, INC.
Christine M.Player
Principal
Cc: Bob Burgmann, Town Engineer
Enclosures
TEMPORARY/REMOVABLE SAND CONTAINMENT BARRIER
BLISH POINT PUBLIC ACCESS FACILITY
BARNSTABLE HARBOR
BARNSTABLE, MASSACHUSETTS
' CHAPTER 91 LICENSE APPLICATION
1
Submitted to:
DIVISION OF WATERWAYS
MA DEP, Southeast Regional Office
20 Riverside Drive
Lakeville, MA 02347
' Applicant:
' TOWN OF BARNSTABLE
DEPARTMENT OF PUBLIC WORKS
367 Main Street
' Hyannis, Massachusetts 02601
' Prepared by:
Vin
�Z�� ASSOCIATES, INC.
190 Old Derby Street
Suite 311
Hingham, Massachusetts
' February 2009
COPY
i
February 10,2009 •
Chapter 91 Program-Division of Waterways
MA DEP, Southeast Regional Office
20 Riverside Drive
Lakeville,MA 02347 ,
190 Old Derby Street
RE: Temporary/Removable Sand Containment Barrier Snite 311
Blish Point Public Access Facility
' Barnstable Harbor Hingham
Barnstable,Massachusetts Nlassack„setts
02043
fDear Reviewer:
tel: (7S7)749-2530
On behalf of the Town of Barnstable (Town), Department of Public Works, Vine Associates, fax:(7S7)749-2757
' Inc. (VAI) is submitting this application for a Chapter 91 License. The proposed project
work includes the installation of a temporary/removable sand containment barrier slightly up-
drift of the existing public access boat ramp to help prevent the build-up of beach sediments
' along the ramp. Sediments trapped by the containment barrier will be periodically removed
by the Town and used as renourishment along eroded areas of Millway Beach. Details are
further described in the enclosed license application and Project Narrative(Attachment C).
rThe installation of the proposed temporary/removable sand containment barrier is required
for the Town to be in compliance with Special Condition No. 12 of the local Order of
' Conditions issued by the Barnstable Conservation Commission and Special Condition No. 4
of the Superseding Order of Conditions issued by DEP for the Phase 2 maintenance dredging
of the Maraspin Creek/Bamstable Harbor entrance channel. Copies of the Superseding and
Local Order of Conditions are provided in Attachment E. Copies of the Municipal Planning
Board Notification.Form and Municipal Zoning Certificate will also be sent to you as they
become available.
Should you have any questions or comments regarding this submittal, or if you require any
additional information,please contact our office at(781)749-2530, ext. 202.
Sincerely,
VINE ASSOCIATES,INC.
/ MHO 4n► -YA--—p
Christine M.Player
Project Manager
Enclosures
cc Bob Burgmann,Town Engineer
Doug Cameron,MA OFBA
:f - M
TEMPORARY/REMOVABLE SAND CONTAINMENT BARRIER
BLISH POINT PUBLIC ACCESS FACILITY
BARNSTABLE HARBOR
BARNSTABLE, MASSACHUSETTS
TABLE OF CONTENTS
COVER
LETTER OF TRANSMITTAL
TABLE OF CONTENTS
' APPLICATION FORMS
' TRANSMITTAL FORM FOR PERMIT APPLICATION& PAYMENT
LICENSE APPLICATION FORM
' ATTACHMENTS
ATTACHMENT A LOCUS MAP
ATTACHMENT B PHOTOGRAPHS
' ATTACHMENT C PROJECT
C NARRATIVE
ATTACHMENT D PROJECT DRAWINGS
ATTACHMENT E SUPERSEDING AND LOCAL ORDER OF CONDITIONS
MEPA CERTIFICATE
ATTACHMENT F MILLWAY BEACH SAND MANAGEMENT PLAN
Enter your transmittal number 7 X225so4
1Tr-ansmittal Number
�\ Your unique Transmittal Number can be accessed online: htto://mass.ciov/dea/service/online/trasmfrm.shtml or call
MassDEP's Infol-ine at 617-338-2255 or 800-462-0444(from 508,781,and 978 area codes).
Massachusetts Department of Environmental Protection
Transmittal Form for Permit Application and Payment
1. Please type or A. Permit Information
print.A separate
Transmittal Form BRPWW01 b Chapter 91 License
must be completed 1.Permit Code:7 or 8 character code from permit instructions 2.Name of Permit Category
for each permit Installation of temporary sand containment barrier at public boat ramp
application.
3.Type of Project or Activity
1 2. Make your
check payable to B, Applicant Information - Firm or Individual
the Commonwealth
of Massachusetts Town of Barnstable, Department of Public Works
and mail it with a 1.Name of Finn-Or,if party needing this approval is an individual enter name below:
' copy of this form to:
DEP,P.O.Box
4062,Boston,MA 2•Last Name of Individual 3.First Name of Individual 4.MI
02211. 367 Main Street
' 5.Street Address
3. Three copies of Hyannis MA 02601 508-862-4070
this form will be
needed. 6.City/Town 7.State 8.Zip Code 9.Telephone# 10.Ext.#
Robert Burgmann
Copy 1 -the 11.Contact Person 12.e-mail address(optional)
original must
accompany your
permit application. C. Facility, Site or Individual Requiring Approval
Copy 2 must +
accompany your Barnstable Harbor-IBlish Point Public Access Facility
fee payment. 1.Name of Facility,Site Or Individual
Copy 3 should be 307 Millway Road
retained for your 2.Street Address
' records Barnstable MA 02630
4. Both fee-paying 3.City/Town 4.State 5.Zip Code 6.Telephone# 7.Ext.#
and exempt
applicants must 8.DEP Facility Number(if Known) 9.Federal I.D.Number(if Known) 10.BWSC Tracking#(if Known)
mail a copy of this
transmittal form to: D. Application Prepared by (if different from Section B)*
' P.O.Box 4062 Vine Associates, Inc.P.O.Bo
Boston,MA 1.Name of Firm Or Individual
02211 190 Old Derby Street Suite 311
2.Address
' •Note: Hingham MA 02043 781-749-2530 202
For BWSC Permits, 3.City/Town 4.State 5.Zip Code 6.Telephone# 7.Ext.#
enter the LSP. Christine Player
8.Contact Person 9.LSP Number(BWSC Permits only)
E. Permit - Project Coordination
1. Is this project subject to MEPA review? ❑yes ® no
If yes,enter the project's EOEA file number-assigned when an
Environmental Notification Form is submitted to the MEPA unit:
EOEA File Number
F. Amount Due
DEP Use Only Special Provisions:
1. ®Fee Exempt(city,town or municipal housing authority)(state agency if fee is$100 or less).
Permit No: There are no fee exemptions for BWSC permits,regardless of applicant status.
2. ❑Hardship Request-payment extensions according to 310 CMR 4.04(3)(c).
Rec d Date: 3. ❑Alternative Schedule Project(according to 310 CMR 4.05 and 4.10).
4. ❑Homeowner(according to 310 CMR 4.02).
Reviewer:
Check Number Dollar Amount Date
' Chapter 91 transmittal form.doc•rev. 1/07 Page 1 of 1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program x225so4
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
Water-Dependent, Nonwater-Dependent,Amendment
Important:When filling out forms A. Application Information (Check one)
on the computer, NOTE: For Chapter 91 Simplified License application form and information see the Self Licensing
use only the tab p p� � pp� 9
key to move your Package for BRP WW06.
cursor-do not
' use the return Name(Complete Application Sections) Check One Fee Application#
key.
WATER-DEPENDENT-
1 General (A-H) ❑ Residential with <4 units $175.00 BRP WW01a
Other $270.00 BRP WW01 b
For assistance ❑ Extended Term $2730.00 BRP WW01c
incompleting this --------.._.._.._..-.._:.--------------------._.._..----------------------------------.._..-.._.._.._..-.._.._..----------------------.._..-------------------
application,please Amendment(A-H) ❑ Residential with <4 units $85.00 BRP WW03a
see the
"Instructions".
❑ Other $105.00 BRP WW03b
NONWATER-DEPENDENT-
Full (A-H) ❑ Residential with<4 units $545.00 BRP WW15a
' ❑ Other $1635.00 BRP WW15b
❑ Extended Term $2730.00 BRP WW15c
-----------.._..--------------------------------------._.._..- ----------------------------------------------------------=----------------------------------
Partial (A-'H) ❑ Residential with <4 units $545.00 BRP WW14a
❑ Other $1635.00 BRP WW14b
❑ Extended Term $2730.00 BRP WW14c
Municipal Harbor Plan (A-H) ❑ Residential with <4 units $545.00 BRP WW16a
❑ Other $1635.00 BRP WW16b
❑ Extended Term $2730.00 BRP WW16c
Joint MEPA/EIR(A-H) ❑ Residential with <4 units $545.00 . BRP WW17a
❑ Other $1635.00 BRP WW17b
■ ❑ Extended Term $2730.00 BRP WW17c
�I Amendment(A-H) ElResidential with <4 units $435.00 BRP WW03c
❑ Other $815.00 BRP WW03d
❑ Extended Term $1090.00 BRP WW03e
CH 1 9 App.doc-Rev.6/06 Page 1 of 13
l
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program x2259o4
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
' Water-Dependent, Nonwater-Dependent,Amendment
B. Applicant Information Proposed Project/Use Information
1. Applicant:
own Of Barnstable,.. partment of Public Works
Name E-mail Address
7 Main Street
Mailing Address
Note:Please refer
to the"Instructions" yann_is 2 1
City/Town State Zip Code
508)_862-4070, F
Telephone Number Fax Number
2. Authorized Agent(if any):
ine Assoaates, Inc. :5er(d�vinea . .___ tesnet
Name E-mail Address
90:O1d Derb $treat.Suite 311
Mailing Address
' ngham A _
Cityrrown State Zip Code
781-749-2530 1749=2751
Telephone Number Fax Number
C. Proposed Project/Use Information
' 1. Property Information(all information must be provided):
tnmonwealth of Massachusetts
Owner Name(if different from applicant)
Tax Assessor's Map and Parcel Numbers Latitude Longitude
07 Millway Road W. 0 W
Street Address and City/Town State Zip Code
2. Registered Land ® Yes ❑ No
3. Name of the water body where the project site is located:
Maraspin Creek/Barnstable Harbor
1 4. Description of the water body in which the project site is located(check all that apply):
Type Nature Designation
❑ Nontidal river/stream_ ® Natural ®Area of Critical Environmental Concern
® Flowed tidelands ❑ Enlarged/dammed ❑ Designated Port Area
❑ Filled tidelands ❑ Uncertain ❑ Ocean Sanctuary
❑ Great Pond ❑ Uncertain
❑ Uncertain
CH91App.doc-Rev.6/06 Page 2 of 13
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program x225so4
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
Water-Dependent, Nonwater-Dependent,Amendment
C. Proposed Project/Use Information (cont.)
Select use(s)from
Project Type Table 5. Proposed Use/Activity description
on pg.2 of the
"Instructions" Installation of a temporary/removable sand containment barrier to minimize the build-up of sediments
on the public boat ramp.
' 6. What is the estimated total cost of proposed work(including materials &labor)?
$5,000
7. List the name&complete mailing address of each abutter(attach additional sheets, if necessary). An
abutter is defined as the owner of land that shares a common boundary with the project site, as well
as the owner of land that lies within 50'across a waterbody from the project.
Blair, Henry E. & Murphy, P.O. Box 648, Barnstable, MA 02630
' Raymond M. Address
Town of Barnstable 367 Main Street, Hyannis, MA 02601
Name Address
Name Address
D. Project Plans
1. I have attached plans for my project in accordance with the instructions contained in (check one):
® Appendix A(License plan) ❑ Appendix B(Permit plan)
2. Other State and Local Approvals/Certifications
❑401 Water Quality Certificate
Date of Issuance
®Wetlands SE34582
File Number
❑ Jurisdictional Determination JD-
File Number
® MEPA 13408
File Number
EOEA Secretary Certificate November 9, 2006
•' Date
❑ 21 E Waste Site Cleanup
RTN Number
CH91 App.doc•Rev.6/06 Page 3 of 13
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program X225904
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
Water-Dependent, Nonwater-Dependent,Amendment
E. Certification
All applicants, property owners and authorized agents must sign this page. All future application
correspondence may be signed by the authorized agent alone.
"I hereby make application for a permit or license to authorize the activities I have described herein. Upon
my signature, I agree to allow the duly authorized representatives of the Massachusetts Department of
Environmental Protection and the Massachusetts Coastal Zone Management Program to enter upon the
premises of the project site at reasonable times for the purpose of inspection."
"I hereby certify that the information submitted in this application is true and accurate to the best of my
knowledge."
41.
Ap cant's'signatur` Da e
f
Property owners signature(if different than applicant) Date
Agent's signature(if applicable) Date
n
a
y
CH91App.doc-Rev.6/06 Page 4 of 13
' Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program x2259o4
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
rWater-Dependent, Nonwater-Dependent,Amendment
F. Waterways Dredging Addendum
1. Provide a description of the dredging
P 9 project9
❑ Maintenance Dredging (include last dredge date& permit no.) ❑ Improvement Dredging
Purpose of Dredging
' 2. What is the volume(cubic yards)of material to be dredged?
' 3. What method will be used to dredge?
❑ Hydraulic ❑ Mechanical ❑ Other
4. Describe disposal method and provide disposal location (include separate disposal site location map)
1
1
5. Provide copy of grain size analysis. If grain size is compatible for beach nourishment purposes, the
Department recommends that the dredged material be used as beach nourishment for public
beaches. Note: In the event beach nourishment is proposed for private property, pursuant to 310
CMR 9.40(4)(a)1, public access easements below the existing high water mark shall be secured by
applicant and submitted to the Department.
1
r
r
r
r l
r
CH91 App.doc•Rev.6/06 Page 5 of 13
1
' Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Waterways Regulation Program x22s9oa
Chapter 91 Waterways License Application .310 CMR 9.00 Transmittal No.
' Water-Dependent, Nonwater-Dependent,Amendment
G. Municipal Zoning Certificate
Town of Barnstable, Department of Public Works
Name of Applicant
307 Millway Road Maraspin Creek/Barnstable Barnstable
Project street address Harbor City/Town
Description of use or change in use:
Installation of a temporary/removable sand containment barrier to minimize the build-up of sediments
on the public boat ramp.
1
' To be completed by municipal clerk or appropriate municipal official:
"I hereby certify that the project described above and more fully detailed in the applicant's waterways
' license application and plans is not in violation of local zoning ordinances and bylaws."
Printed Name of Municipal Official Date
Signature of Municipal Official Title City/Town
r
r
1 .
1
1
CH91 App.doc•Rev.6/06 Page 6 of 13
' Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways Regulation Program X225904
Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No.
' Water-Dependent, Nonwater-Dependent,Amendment
H. Municipal Planning Board Notification
' Notice to Town of Barnstale, Department of Public Works
Applicant: Name of Applicant
Section H should 307 Millway Road Maraspin Creek/Barnstable Barnstable
be completed and Project street address Harbor City/Town
submitted along
with the original Description of use or change in use:
application material.
1 Installation of a temporary/removable sand containment barrier to minimize the build-up of sediments
on the public boat ramp.
1
To be completed by municipal clerk or appropriate municipal official:
"I_hereby certify that the project described above and more fully detailed in the applicant's waterways
license application and plans have been submitted by the applicant to the municipal planning board."
Printed Name of Municipal Official Date
ate
Signature of Municipal Official Title City/Town
Note: Any comments, including but not limited to written comments, by the general public, applicant,
municipality, and/or an interested party submitted after the close of the public comment period
pertaining to this Application shall not be considered, and shall not constitute a basis for standing in
any further appeal pursuant to 310 CMR 9.13(4)and/or 310 CMR 9.17.
■
CH91A .doc•Rev.pp 6/06 Page 7 of 13
' TEMPORARY/REMOVABLE SAND CONTAINMENT BARRIER
BLISH POINT PUBLIC ACCESS FACILITY
' BARNSTABLE HARBOR
BARNSTABLE, MASSACHUSETTS
' CHAPTER 91 LICENSE APPLICATION
1
1
ATTACHMENT A
1 LOCUS MAP
1
1
1
1
1 _
1 �
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Attachment A-Locus Map
r -
r
r
' TEMPORARY/REMOVABLE SAND CONTAINMENT BARRIER
' BLISA POINT PUBLIC ACCESS FACILITY
BARNSTABLE HARBOR
' BARNSTABLE, MASSACHUSETTS
CHAPTER 91 LICENSE APPLICATION
1
1
1
1
1
i
ATTACHMENT B
PHOTOGRAPHS
i '
1
ot
tv
y `
Beach sediments and wrack covering the lower end of the Blish Point Boat
' Ramp(view looking southwest into the inner harbor;.
77
degraded concrete curbing
Beach sediments that have migrated along the upper end of the Blish
Point boat ramp(view looking southeast).
TEMPORARY/REMOVABLE SAND CONTAINMENT BARRIER
BLISH POINT PUBLIC ACCESS FACILITY
BARNSTABLE HARBOR
BARNSTABLE, MASSACHUSETTS
' CHAPTER 91 LICENSE APPLICATION
1
1
' ATTACHMENT C
' PROJECT NARRATIVE
1
i
1
ATTACHMENT C
PROJECT NARRATIVE
TEMPORARY/REMOVEABLE SAND CONTAINMENT BARRIER
BLISH POINT PUBLIC ACCESS FACILITY
BARNSTABLE HARBOR
BARNSTABLE,MASSACHUSETTTS
A. INTRODUCTION
' The Blish Point Public Access Facilityis located at 307 Millwa Road in Barnstable
y e Harbor �
as shown in Attachment A. This facility is owned and maintained by the Massachusetts
Department of Fish & Game, Office of Fishing and Boating Access (OFBA). The work
being proposed at this facility will include the installation of a temporary/removable sand
containment barrier structure to minimize the accumulation of beach material along the
existing public access boat ramp.
The project datum is Mean Low Water (MLW=0.0), with Mean High Water (MHW) at
Elevation 9.5 and the annual High Tide Line (HTL) at Elevation 11.9. Based upon current
FEMA Flood Insurance Rate Maps, the 100-yr flood elevation is 19.4 MLW (15.0
NGVD).
1
B. PROPOSED WORK
' The combination of the westward littoral transport and flood tidal currents at the west end of
Millway Beach appears to be responsible for the build-up of sand along the existing boat
' ramp, thereby compromising public access to and from the harbor. Photographs of the
sand covered boat ramp are presented in Attachment B. To help minimize this on-going
problem, the Town is proposing to install a temporary/removable sand containment barrier
updrift of the existing boat ramp. The barrier system will consist of a single line of jersey
barriers extending approximately 135 feet from the end of the boat ramp (MLW) to just
above the HTL as shown on the license plan drawings (see Attachment D). Since the
barrier will be located between MLW and HTL, its visibility will be compromised at
various degrees throughout the tide cycle. To ensure safe navigation within the vicinity of
the boat ramp, the Town will attach marker poles and appropriate signage to the structure
' to identify its' location and to direct boaters to stay clear of this area. All marker poles
will be set above the HTL elevation so that signage is visible under all tidal conditions.
The barrier system will be located within an area having a maximum offset distance of 30
feet from the existing northwest edge of the boat ramp. This will allow the Town the
flexibility to re-position the barrier within this designated area as necessary to optimize
Attachment C-Project Narrative
' Temporary/Removable Sand Containment Barrier
Blish Point Public Access Facility
Barnstable,Massachusetts
February 2009 1
the system's ability to collect accumulating beach sediments. As sediments collect along
the face of the containment barrier, they will be periodically removed by the Town and
used to renourish eroded areas along Millway Beach.
The proposed structure will be installed and maintained b the Town of Barnstable Town
p p Y (Town),
Department of Public Works (DPW) and is required for the Town to be in compliance the
' Special Condition No. 12 of the local Order of Conditions and Special Condition No. 4 of the
Superseding Order of Conditions issued for the maintenance dredging of entrance channel of
Maraspin Creek/Barnstable Harbor (see Attachment E). The installation of the proposed
' sand containment barrier system and management of accumulated beach sediments is
included in the Millway Beach Sand Management Plan. This plan was previously submitted
by the Town and reviewed by DEP in August 2007 prior to finalizing. A copy of the final
plan is presented in Attachment F.
C. WETLANDS PROTECTION ACT RESOURCE AREAS
This project has been designed and will be constructed using the best available measures
to minimize adverse impacts to the resource areas as defined by the Wetlands Protection
Act. The following paragraphs will provide definitions of the wetland resource areas,
potential impacts and proposed mitigation measures.
1. Land Subject To Coastal Storm Flowage
' Land Subject to Coastal Storm Flowage (LSCSF) is defined as "land subject to
any inundation caused by coastal storms up to and including that caused by the
100-year storm, surge of record or storm of record, whichever is greater." The
' entire project site is within LSCSF. This area is significant to storm damage
prevention and flood control. The proposed installation of the sand containment
barrier is not anticipated to alter existing grades. The proposed system is
' removable and not considered permanent.
2. Coastal Beach (310 CMR 10.27)
Coastal Beach is defined as an area of"unconsolidated sediment subject to wave,
tidal and coastal storm action which forms the gently sloping shore of a body of
' salt water and includes tidal.flats". Approximately 270 square feet (SF) of Coastal
Beach will be impacted by the placement of the sand containment barrier. The
proposed system is removable and not considered permanent. It will not adversely
' impact the volume and form of sediment supply, the beach's ability to respond to
wave action or its ability to provide wildlife habitat.
' 3. Land Containing Shellfish (310 CMR 10.34)
Attachment C-Project Narrative
' Temporary/Removable Sand Containment Barrier
Blish Point Public Access Facility
Barnstable,Massachusetts
February 2001 2
1
' Land Containing Shellfish is defined as "land under the ocean, tidal flats, rocky
intertidal shores, salt marshes, and land under salt ponds when any such land
contains shellfish". Of the resource areas named above, Land Containing Shellfish
t may exist within intertidal and subtidal areas, which include Coastal Beach and
Land Under Ocean. Land Containing Shellfish shall be found significant when is
has been identified and mapped as follows: by the Conservation Commission or
' DEP in consultation with MA Division of Marine Fisheries (DMF) and based upon
maps and designations of DMF; or by the Conservation Commission or DEP based
on maps and written documentation of the shellfish constable or the DEP. In
' making such identification and maps, the following factors shall be taken into
account and documented: the density of shellfish, the size of the area and the
historical and current importance of the area to recreational or commercial
' shellfishing.
Based upon the review of available data from the Massachusetts Geographic
' Information System (MA GIS), the proposed system will be located in an area that
is designated by DMF as being prohibited to shellfish harvesting. According to
available DMF shellfish suitability maps, the barrier system will be located in an
' area that has been identified as potential suitable habitat for blue mussel. The area
covered by these maps include sites where shellfish have historically been sighted,
but may not currently support any shellfish and should only be used as one
' indicator of the presence of shellfish. The shellfish suitability areas mapped on
MA GIS were not verified in the field and the boundaries were not surveyed. For
these reasons, the areas should be used only as guides to the approximate locations
' of potential habitat.
The proposed system is removable and is not considered permanent. The area that
' this structure will be placed likely contains very low densities of shellfish, if any,
and has no known historical or current importance to recreational or commercial
shellfishing. Therefore, this area according, to 310 CMR 10.34 (3) (b), is not
' significant to Land Containing Shellfish.
Attachment C-Project Narrative
Temporary/Removable Sand Containment Barrier
t Blish Point Public Access Facility
Barnstable,Massachusetts
February 2009 3
' TEMPORARY/REMOVABLE SAND CONTAINMENT BARRIER
BLISH POINT PUBLIC ACCESS FACILITY
' BARNSTABLE HARBOR
BARNSTABLE, MASSACHUSETTS
CHAPTER 91 LICENSE APPLICATION
1
1
1
1
' ATTACHMENT D
' PROJECT DRAWINGS
1
1
I CERTIFY THAT THIS PLAN, AS PREPARED,.
CONFORMS TO THE RULES AND REGULATIONS
OF THE REGISTERS OF DEEDS.
/ �- 1. 'R' �r• tvyf'`''§�'!� �
i LOT 9 �p T
flo • 5i
/
i
LOCUS MAP
/ ii �^ LOT 65-2
NOTES:
I / 1. DATUM: MLW=0.0;
i F-
i MHW=9.5; HTL=11.9
i� W I w /R' 2. ALL EXISTING
z -
i� Q I =� STRUCTURES (AS
o SHOWN) LICENSED
I a LOT 65-1 UNDER DEP CH91
LICENSE NO. 1645,
a I Of DATED 8/14/1987.
BLISH W ' a I'll"
U POINT , Z I �-W
/-
.. 0 l < /-
_� ABUTTERS:
of LOT 65-1:
a
a BLAIR, HENRY E TR &
, a
I MURPHY, RAYMOND TR
LOT 63-2 P.O. BOX 648
` a I BARNSTABLE, MA 02630
30'f a LOT 65-2:
MAX (If BLAIR, HENRY E TR &
_I _____ ._._•_•_ _ MURPHY, RAYMOND TR
P.O. BOX 648
BARNSTABLE, MA 02630
--Ji LOT 63-2:
bi BLAIR, HENRY E TR &
PROPOSED LOCATION FOR i 0 • ......•••.•....... MURPHY, RAYMOND TR
TEMPORARY/REMOVABLE o
SAND CONTAINMENT i P.O. BOX 648
BARRIER (SEE SHEET 2 LOT 9NSTABLE, MA 02630
i
FOR DETAILS)
i BARNSTABLE, TOWN OF
�--� •
(BCH)
EBB
N � •• 367 MAIN STREET
= FLOOD •• ''•� HYANNIS, MA 02601
U
BARNSTABLE HARBOR/MARASPIN CREEK o' 40 so
m
SHEET 1 OF 2
PLAN ACCOMPANYING PETITION OF:
THE TOWN OF BARNSTABLE
TO LICENSE TEMPORARY/REMOVABLE
y SAND CONTAINMENT BARRIER
m
N MARASPIN CREEK/BARNSTABLE HARBOR
N
BARNSTABLE, MA
o DATE: 2/10/2009
Z VINE ASSOCIATES, INC. HINGHAM, MASSACHUSETTS
5
I CERTIFY THAT THIS PLAN, AS PREPARED,
CONFORMS TO THE RULES AND REGULATIONS
OF THE REGISTERS OF DEEDS.
24'
8 WIDE CUR 8" WIDE CURB
INSTALL 30'f
TEMPORARY/REMOVABLE (MAX) FLOATING DOCK
SAND CONTAINMENT BARRIER Q _ _. ---------- .—._ —._
\ HTL — — — — — — r — --- Q -- ------'
0
r m
��--MHW----
-H I 0
z
�A I A
DISTANCE TO NAVIGATION-'
CHANNEL= J
it !
BARNSTABLE HARBOR/MARASPIN CREEK
SITE PLAN EBB
SCALE: 1"= 60' FLOOD
30'f (MAX) 4' WIDE FLOAT TOP EL.=16.0
8" WIDE CONCRETE CURA= v HTL El . 11.9
a 24' y MHW EL=9.5
0
12' 12' CONCRETE RAMP
STONE REVETMENT .
ME
TIMBER PILE
INSTALL EXISTING GRADE
Q
INSTALL
CRUSHED STONE
JERSEY BARRIER TIMBER SHEETING
E
m
TYPICAL SECTION A-A
PLAN ACCOMPANYING PETITION OF: ,
d THE TOWN OF BARNSTABLE SCALE: 1 = 10
TO LICENSE TEMPORARY REMOVABLE
y SAND CONTAINMENT BARRIER
N
MARASPIN CREEK/BARNSTABLE HARBOR
BARNSTABLE, MA . o' 30 so o' 5 10
W DATE: 2/10/2009 SHEET 2 OF 2
Z VINE ASSOCIATES, INC. HINGHAM, MASSACHUSETTS
' TEMPORARY/REMOVABLE SAND CONTAINMENT BARRIER
BLISH POINT PUBLIC ACCESS FACILITY
' BARNSTABLE HARBOR
BARNSTABLE, MASSACHUSETTS
' CHAPTER 91 LICENSE APPLICATION
1
1
1 I
1
' ATTACHMENT E
' SUPERSEDING AND LOCAL ORDER OF CONDITIONS
MEPA CERTIFICATE
I '
1
U;t, 3 I. 2001 1 : i 6P !, No. 1.202 P. l .._
COMMONWEALTH OF MASSACHUSETTS
' EXECUTIVE OFFICE OF ENERGY& ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
' SOUTHEAST REGIONAL OFFICE
20 RIVERSIDE DRIVE,LAKEVILLE,MA 02347 508-946-2700
DEVAL.L.PATRICK
' Governor LAN A.BOWL,ES
TIMOTHY P.MURRAY Secretary
Ueutanant Governor p LAURIE BURT
2 7 OCT 2V Commimionar j
Paul Revere,III,Esq. RE: BARNSTABLE—Wetlands
' Law Offices of Paul Revere,III File No.SE 3-4582
297 North Street,Suite 237
Superseding Order of Conditions
Hyannis,Massachusetts 02601 Affirmation
' Dear Attorney Revere:
Following an in-depth review of the above-referenced file and in accordance with
Massachusetts General Laws Chapter
per 131 Section 4 � I
> 0 the> Department of Environmental �
Protection has issued the enclosed Superseding Order of Conditions. This Superseding Order
aff nos the Order of Conditions issued by the Barnstable Conservation Commission on January 16,
2007. The Department has determined that the project area is significant to the statutoryi
of flood control,storm damage prevention,and the rot interests
fisheries and wildlife habitat. protection of land containing shellfish,
I
The proposed project involves the second phase of atwo-phase maintenance dredging
Project of the entrance channel of Maraspin Creek. Phase 2 proposes the maintenance dredging
' along a 1,970-foot long portion of the existing 60-foot wide navigational channel to elevation
—6.0 MLW,with a 1-foot allowable overdredge. Under Phase 2,approximately 15,000 cubic
Yards(CY)of sediment will be removed. Approximately 10,000 CY of the total dredge volume
is composed of sand having a fines content of<7%,with the remaining 5,000 CY consisting of
silty sand having a fines content of approximately 24%.
i
The project proposes to use dredged sediments for beach nourishment,dune
nourishment/restoration,maintenance/reconstruction of the existing berm at the Blish Point
Sediment Containment Area(BPSCA)and/or reuse within the BPSCA. Specifically,the project
Proposes the beneficial reuse of 10,000 CY of beach compatible sediments at Millway Beach,
Sandy Neck Cottage area,Sandy Neck Lighthouse area,and/or at the Sandy Neck public beach.
The Department has determined that all of these locations are suitable for reuse of these sandy
sediments. The approximately 5,000 CY of nourishment and shall be placed within the Silty sand,however,'is not suitable 5or beach of dune
BPSCA. Grain size analysis of the existing
sediments within the BPSCA indicates that these sediments are suitable for beach or dune
nourishment. Sediment removed from the BPSCA maybe placed at Millway Beach or the Sandy
Neck public beach. Alternatively,the applicant shall obtain a Beneficial Use Determination
(BUD)from MA DEP Solid Waste Section for upland re-use.
' Tbl>ia/ormapgi Is avallablr la alktNts rorinnt.Call Doald M.Cefts,ADA Coordinator at 6117-65161057,TDD 3aMa•1�00It4)307.
DEP on the Woad Wks web: ntlp:1Avww.mea..gov1dep
0 Printed on RocyrJed Paper
1
Uct. 3l. 2UU1 l . 1 /PM No. 1202 P. 2
' -2-
As recommended by MA Division of Marine Fisheries, in order to protect spawning and
' juvenile development of winter flounder and horseshoe crab,no dredging shall occur between
January l 5" and July 150'of any year.
' After a thorough review,the Department has determined that the proposal complies with
the performance standards in the Wetlands Protection Act Regulations. The enclosed
Superseding Order of Conditions imposes those conditions deemed necessary to protect the
statutory interests of the Wetlands Protection Act.
' In the opinion of the Department the reasons given here are sufficient to justify this
Superseding Order of Conditions. However,the Department reserves the right,should there be
further proceedings in this matter,to raise additional issues and present further evidence as may
be appropriate.
' 2806. If you have any questions concerning this matter please contact Jim Mahala at(508)946-
' Very truly yours, 'f
Eli�abA.Kouloheras
K/JM Bureau of Resource Protection
Enclosure
' cc: Bamstable Conservation Commission
Town of Bamstable/DPW
367 Main Street
Hyannis,MA 02601
' CERTIFIED MAIL#7004 1350 0004 4565 4817
Vine Associates,Inc.
18 Beach Street
P.O.Box 555
Monument Beach,MA 02553
' ecc: DEP -SERO
AT'IN: Dave Hill
Mark Dakers
DEP—Boston
ATTN: Ken Chin
1. [cuI I : IIrwi IND. 1M r. j
Massachusetts Department of Environmental Protection DEP File Number:
' Bureau of Resource Protection—Wetlands SE 3-4582
WPA Form 5-Superseding Order of Conditions -Affirmation
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
' A. General Information tton
' From:
Department of Environmental Protection
' Irsuinp Ae#Mft
This issuance is for.-
Superseding Order of Conditions—Affirmation i
To: Applicant: Property Owner(if different from applicant): j
' Town of Barnstable/DPW Name MA Public Access Board I.
Name
367 Main Street' 1440 Soldiers Field Road Malu�g Away Mailing Address
H ann'S MA 02601 Bri ton MA 02135
Cltyrrown state Zip Code City/Tom State Zip Code
I
1. Proiect Location:
Millway Road and Sandy Neck Barnstable l
Street 1 Address Cityffmn 300&301 NaraMink 263. 322 &328 Sand Y Neck 064 009,010
001,001 &001 S.N.
Aaeessors Map/Plat Number ParcettLat Number I
2. General Description of Approved Project:
1 Maintenance dredging of Maras in Creek/Bamstable Harbor and dredged material reuse.
i
3. Tina!Approved Plans and Other Documents(if different from those listed in Order of Conditions): !
' Millwa Beach Sand Manigement Plan 4 pages)
nue 8/2007
Pre Bred b Vine Associates,Inc. Date
Sipped and stamped by
Site Plans 7sh t Se .2006
Title
Date
Peter Williams P.E.
Signed and Stamped by
4. Date of Issuance: 2 9 OCT 2007
Certified Mail i#70041350 0004 4565 4817
I
Pape i of 3
r .
Cc L 31. 2007 1 : 17PM No. 1202 P. 4
Massachusetts Department of Environmental Pr DEP File Number:
Protection SE 3-4582
t Bureau of Resource Protection—Wetlands
WPA Form 5-Superseding Order of Conditions -Affirmation
' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings ,
tThe Department hereby finds that the project as proposed is approved subject to the following conditions:
In accordance with 31 D CMR 10.05(7)(i).this Superseding Order of Conditions affirms the Order of Conditions
issued by the Barnstable Conservation Commission on January 16.2007 except special conditions numbered 12
and 15(TOY condition). The Order of Conditions is attached and is incorporated by reference.
1. All work shall comply with the conditions contained in the attached Order of Conditions,subject to the
following modifications:
a. The work shall comply with the plans referenced in this Superseding Order, If different from those listed in the
' Order of Conditions.
b. The work authorized hereunder shall be completed within three years from the date of this Superseding Order
unless otherwise specified below by the Department.
' c. Requests for extensions In accordance with General Condition#5 shall be submitted to the Department.
d. Proof of recording in accordance with General Condition 08 shall be submitted to the Department.
e. Requests for a Certificates of Compliance in accordance with General Condition#11 shall be submitted to the
Department,and wetland boundary flags shall remain in place pursuant to General Condition#16 until a
Certificate of Compliance has been Issued by the Department.
' f. The Department makes no findings and Imposes no conditions pursuant to a municipal bylaw or ordinance. .
g. Other: See attached sheet for additional special conditlone numbered 1 through 8.
C. Issuance
Issued by the Department of Environmental Protection
A
Signature �' �i G[.
EAZ bath A. Kouloheres, Bureau of Resource Protection
On this:? day of' _U -bw- 2001before me,the undersigned Notary Public,personally appeared Elizabeth A.Kouloheres.known to me based on personal knowledge of his/her identity.and known to be
the person whose name is signed on the preceding or attached document,and acknowledged to me that
he/sh!, igned it voluntarily for Its stated purpose. BRENDA J.HARPER
Notary Public
Comrocrn+s04h of Mossachu"ft
my Commission Winn
N ary Public My commission expires March
K/7M
Page 2 of 3
U 1. 3i. lUU1 1 , 18FM No. 11U1 V. 7
APPEAL RIGHTS ARE ATTACHED
' Notice of Appeal Rights:
A) Appeal Rights and Time Limits
The applicant or landowner,the conservation commission
,p,any person aggrieved by this Superseding Order or Determination if
previously a participant in the permit proceedings,any owner of lard abutting the land subject to this Superseding Order or
' Determination if previously a participant in the permit proceedings,or any ten residents of the city or town where the land is
located,if any one resident was previously a participant in the permit proceedings,are hereby notified of their right to file a
Notice of Claim for an Adjudieatory Appeal(Notice of Claim)pursuant to M.G.L.c.30A,sec. 10. Previous participation in the
Superseding Order or Determination permit proceedings means the submission of written information to the Conservation
' Commission prior to the close of the public hearing,filing a Request For A Superseding Order or Determination with the
Department,or providing written information to the Department prior to issuance of a Superseding Order or Determination. j
Complete atudicatory,appeal applications require the submittal of a Notice of Claim and an AdMkattory A 1 Fee '
' Transmittal Form A completed Fee Transmittal Form(available at:ho:L/www.mass ov/oaa/feetratu htgtJ including an appeal
fee payment of$100.00,must be marled to the DEP Lockboa at:
i
Department of Environmental Protection
' Box 4062
Boston,MA 02211
I
The Notice of Claim(including a copy of the S 100.00 appeal fee payment check and a copy of the Fee Transmittal Form)must
' be sent by certified mail or be hand delivered to the Department within ten business days after the date of issuance of this
Superseding Order or Determination. The Notice of Claim mug be addressed to:
' Case Administrator
Department of Environmental Protection
One Winter Street—2i0 Floor
Boston,MA 02109
' A copy of the Notice of Claim shall,at the same time,be sent by certified mail or hand delivery to the Conservation
Commission,the applicant,and any other parties involved in the proceeding,
The Notice of Claim shall clearly and concisely set forth the facts related to the proceeding,the reasons the Superseding Order or
Superseding Determination is considered to be inconsistent with 310 CMR 10.00 and does not contribute to the protection of the
interests identified in M.G.L.c. 131,$40,and the relief sought tl>tough the adjudicatory appeal,including the changes desired in
the Superseding Order or Superseding Determination. The Notice of Claim must include a copy of the document subject to the
appeal and set forth: the Department Wetlands File Number;the name of the applicant and address of the project;the complete +
name,address,telephone and telefax(if any)numbers of the party filing the request,and,if represented by counsel,the name,
address,telephone and telefax(if any)numbers of the attorney the names,addresses,telephone and telefax(if any)numbers of
All other parties,if known;and a statement that a copy of the request has been sect to the applicant,the conservation commission
and each other party or representative of such party,if known. 1n addition,any person filing a Notice of Claim must also set
forth sufficient facts to demonstrate their status as a person aggrieved,an abutter,or a ten residents group,and provide
documentation to demonstrate-previous participation,where required. Failure to submit all necessary information may result in a
dismissal by the Department of the Notice of Claire for an Adjudieatory Hearing. Any ten persons may intervene in an
adjudicatory proceeding pursuant to M.G.L.c.30A,s. 10A.
I
paip 3 of 3
o }. 3 i. 200/ 1 : 8PV No. 1 J U J Y. o
' Superseding Order of Conditions for Town of Barnstable,-File No. SE 3-4582
Spec is)Conditions continued:
1. This Superseding Order of Conditions(SOC)permits the proposed maintenance dredging
of approximately 15,000 cubic yards(CY)of sediment from the entrance charnel of
Maraspin Creek. This SOC also permits the beneficial reuse of approximately 10,000 CY
' of dredged sandy sediments(<7%fines)at Millway Beach,Sandy Neck Cottage area,
Sandy Neck Lighthouse area,and at the Sandy Neck public beach. In addition,this SOC
permits the reuse of approximately 5,000 CY of sediment from the Blish Point Sediment
Containment Area(BPSCA)at Millway Beach or the Sandy Neck public beach.
Alternatively,the applicant shall obtain a Beneficial Use Determination(BUD)from MA
DEP Solid Waste Section for upland re-use of the sediments removed from the BPSCA.
' 2. The approximately 5,000 CY of silty sand(<24%fines)to be dredged is not suitable for
beach or dune nourishment and shall be placed within the BPSCA or the applicant shall
obtain a BUD from MA DEP Solid Waste Section for upland reuse.
3. A Chapter 91 permit and a Water Quality Certification shall be obtained from the
Department prior to the proposed dredging and disposal of dredged sediment seaward of
' mean high water.
4. A Chapter 91 license shall be obtained from the Department prior to the deployment of
the proposed temporary sand containment structure(jersey barriers)adjacent to the boat
ramp. Sediment that accumulates adjacent to the sand containment structure shall be
managed in accordance with the Millway Beach Sand Management Plan. The sand
containment structure shall be removed and stored at a suitable upland location during the
off-season.
5. As recommended by MA Division of Marine Fisheries,in order to protect spawning and
juvenile development of winter flounder and horseshoe crab,no dredging shall occur
between January I Set and July 15 0'of any year.
I
6. As proposed in the Millway Beach Sand Management Plan,snow fencing shall be placed
as depicted on the Plan in order to minimize the deposition of windblown sand onto the
parking lot and surrounding areas and to encourage dune development. The Department
would reeotnmend that the fencing be left in place during the off-season.
7. If Millway Beach is used for sediment dewatering there the following requirements shall
apply. In constructing the temporary dewatering basin(s)on Millway Beach,all
sediments that are encountered that are not beach compatible(i.e. black fine-grained
material)shall be removed and placed within the BPSCA or the applicant shall obtain a
BUD from MA DEP Solid Waste Section for upland reuse.
' 8. The applicant or designee shall conduct daily inspections of the dredging and beach/dune
nourishment activities. If any sediments other than beach compatible sediments are
observed during dredging of the outer channel seaward of Station 17+50,the applicant
shall direct the dredging contractor to cease dredging operations and conduct an
' investigation regarding the nature of the suspected material. If the suspected material is
determined to be incompatible for beach nourishment, the applicant shall remove the
suspected material and shall dispose of it appropriately after consultation with the
Department.
. II
-
w,.
v , J1, 1VVI I . IUl lvi
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
I WPA Form 5 - Order SE3-4582
of Conditions
rya
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 Provided by OEP
And Chapter 237 of the Code of the Town of Barnstable
A. General information
Important:
When filling From:
out forms on Barnstable
the computer, Conservation Comv,ission
' use only the
tab key to This Issuance If for(check one):
move your
cursor-do ® Order of Conditions
' not use the
return key. El Amended Order of Conditions
To: Applicant Property Owner(d different from applicant):
Town of Bamstable/D.P.W, MA Pubhc Access Board
Name Name
367 Main Street 1440 Soldiers Field Road
' Meiling Address MallkV Address
Hyannis MA 02601 Brighton MA 02135
Cvrown state Zip Code CMyr MM state Zip Code
1. Project Location:
i
Millway Road and Sandy Neck Barnstable j
street Address vilage
300&301(Maraspin);263,322&338(Sandy Neck) 064 009 010(M)•001,001,and 001(S.N.)
Assessors Map Number Parcel Number
2. Property recorded at the Registry of Deeds for: I
' Barnstable
County Book Pape
070259
Certlfloate(r re&*red lend)
3. Dates:
September 14,2006 November 28,2006 1
Date Notice of Intent Filed Date Pumc' Mearina Cloned late of trrwarlCe
4. Final Approved Plans and Other Documents(attach additional plan references as needed): ;
Site Plans 7 sheets '
Tide Se t. 2006
Date
Title
Date
Title
' Date
5. Final Plans and Documents Signed and Stamped by:
Peter Williams, P.E.
' Name
6. Total Fee:
Exempt .
' (from Appendix 8:W-0%nd Fee Transmrt►al
aWPAFnrn ift•ie.9R 1/OS
PeOe I or 7
ilvu I : 19FM No. 12U12 P. 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
MIAMI WPA Form 5 - Order of Conditions SE3.4582
. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
' And Chapter 237 of the Code of the Town of Barnstable
B. Findings
' Findings pursuant to the Massachusetts Wetlands Protection Act:
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.Check all that apply:
❑ Public Water Supply ® Land Containing Shellfish ® Prevention of Pollution
❑ Private Water Supply 0 Fisheries
® Protection of Wildlife Habitat
❑ Groundwater Supply ® Storm Damage Prevention ® Flood Control
1
Furthermore,this Commission hereby finds the project,as proposed,is:(check one of the following boxes)
' Approved subject to:
® the following conditions which are necessary,in accordance with the performance standards set forth
in the wetlands regulations,to protect those Interests checked above.This Commission orders that all
work shalt be performed In accordance with the Notice of Intent referenced above,the following
General Conditions,and any other special conditions attached to this Order,To the extent that the
following conditions modify or differ from the plans,specifications,or other proposals submitted with
the Notice of Intent,these conditions shall control.
' Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above.Therefore,work on this project may not go
1 forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests,and a final Order of Conditions is Issued.
❑ the Information submitted by the applicant is not sufficient to describe the site,the work,or the effect i
Of the work on the interests identified in the Wetlands Protection Act.Therefore' work d this project
may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Acre interests,and a final
Order of Conditions is issued.A description of the specific Information which is lacking and why it is
' necessary Is attached to this Order as per 310 CMR 10.05(6)(c).
General Condltlons (only applicable to approved projects)
' 1. Failure to comply with all conditions stated
P Y fed herein,and with all related statutes and other regulatory
measures,shall be deemed cause to revoke or moddy this Order.
' 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or Invasion of private rights.
' 3. This Order does not relleve the permJttee or any other person of the necessity of complying wfth all
other applicable federal,state,or local statutes, ordinances,bylaws,or regulations.
SWPAFO-d-doc•rw KIM
iaQe 2 0f 7
I IrN! v
�o. I Lul
Massachusetts Department of Environmental Protection DEP He Number.
Bureau of Resource Protection-Wetlands
XuuNi 1 SE3-4582
,&A- WPA Form 5 - Order of Conditions' `"�. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
And Chapter 237 of the Code of the Town of Barnstable
B. Findings (cont.) ,
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act;or
' b. the time for completion has been extended to a specified date more than three years,but less
than five years,from the date of Issuance.if this Order is intended to be valid for more then three
years,the extension date and the special circumstances warranting the extended time period are
set forth as a special condition In this Order.
' 5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
I
8. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,
rubbish,or debris,including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard, i
pipe,tires,ashes,refrigerators,motor vehicles,or parts of any of the foregoing,
' 7. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such
an appeal has been taken,until all proceedings before the Department have been completed.
I
8. No work shall be undertaken until the Order has become final and then has been recorded in the I
Registry of Deeds or the land Court for the district in which the land is located,within the chain of title
of the affected property. In the case of recorded land,the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to i
be done. In the case of the registered land,the Final Order shall also be noted on the land Court
' Certificate of Title of the owner of the land upon which the proposed work Is done.The recording
Information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds,prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in j
size bearing the words,
"Massachusetts Department of Environmental Protection'for,"MA DEP")
1 "File Number SE3-4582 j
10. Where the Department of Environmental Protection is requested to issue a Superseding Order,the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A)to the Conservation Commission,
' 12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans Identified in Condition#12 above shall require the applicant to inquire of me '
' Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of intent.
' 14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shah have the right to enter and Inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order,and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
11wPAFa16.oee•rev sR its
' Pape 3 of 7
' U"t. 31. 2001 1 :2OPM No. i 202 F. ll1
SE3-4582
Name: Town of Barnstable/D.P.W.
' Approved Plan= September,2006 Site Plans(7 sheets)by Peter Williams,P.E.
Special Conditionu of Approval
' I. Preface
Caution:Failure to comply with all Conditions of this Order of Conditions can have serious consequences.
' The consequence may include issuance of a stop work order,fines,requirement to remove unpermitted
structures,requirement to re-tandscape to original condition,inability to obtain a certificate of compliance,
' and more.
The General Conditions of this Order begin on page 2 and continue on pages 3 and 4. The Special
' Conditions are contained on pages 4.1,4.2 and 4.3 if necessary.All conditions require your compliance. '
IL 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 8(recording requirement)on page 3 shall be complied with.
2. It is the responsibility of the applicant,the owner and/or successor(s)and the project contractors 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 Forms A and B shall be completed and returned to the
' Commission r• sn• to tht slut of work.
3. General Condition 9 on page 3(sign requirement)shall be complied with.
4. The Conservation Commission shall receive written notice I week in advance of the start of work.
S. A protocol for in-situ evaluation of discharged dredge spoil on Millway Beach shall be developed in
consultation with the Conservation Agent. Once approved,it shall be implemented.
' M. The following additional conditions shall govern the project once work begins:
6. Clean,compatible sand shall be placed on Wlway Beach as a requisite part of this project.The purpose of
' this nourishment is to bury the remnant,fine organic material present since the most recent building of this
beach.
' Paee 4.1
1 uc►• ;I• lUul I :lurm NO. Ilui r. I i
' 7. This permit is valid for 3 years from the date of issuance,unless extended by the Commission at the request
of the applicant.Caution:a future Amended Order does not change the expiration date.
' 8: 13ere shall be no disturbance of the salt marsh at Millway Beach. Spoil slurry shall be pumped to
temporary berms created on beach,and discharged between(not within)salt marsh patches.Prior
1 consultation with the Conservation Agent is required. In constructing the temporary berms,any remnant
' organic material which can be readily segregated shall be removed from the site and appropriately disposed
of.
' The next 3 conditions shall apply should the Town elect to use the large geotextile-reinforced
stilling basin at Wish Point:
' 9. Spoil presently within the basin shall be removed from the site and appropriately disposed of,assuming its
unsuitability for beach nourishment.Should testing of-the material clearly prove otherwise,it may be used
' as nourishment sand following approval of this revision by the Conservation Commission,and other
permitting agencies as may be required.
' 10. Prior to use,stilling basin elevations shall be determined.At the conclusion of filling and capping,the final
elevations of the basin shall not exceed the pre-existing.
11. Requirements for maintenance of a sand vender over the seaward face of the stilling basin shall continue �
under the Certificate of Compliance for file S133-2553. The presently-damaged northwest face of the
' structure shall be promptly repaired.
12. A sand management plan shall be developed and implemented for the Millway Beaeh/Blish Point locality i
to any nourishment activity there. As part of this plan,a temporary sand detainment system,
i
' consisting of removable jersey barriers shall be placed up-drift of the Blish Point boat ramp,preventing
migrating sand from n the boat r
tnigr g burying amp. This system shall be designed and installed in a manner that
preserves public passage across this area.The clean,accumulated sand shall be routinely removed and ve-
' deposited on Millway Beach as part of the sand management plan. '
' 13. The small patches of Spartina patens in the dune restoration area at Sandy Neck are found non-sianificant.
The proposed project will restore this area to dune,which it was prior to human intervention several
decades ago.Under this Order,any higher-agency requirement for mitigative or compensatory salt marsh
planting may be accomplished under this Order,provided advance approval of the planting plan by the
Conservation Agent.
Page 4.2
' Oc f, 31. 20`V 1 f :20PM 190. I zuz r. Il
' 14. A post-dredging bathymetric survey shall be performed by the project engineer within 1 year of the
dredging event,and the results submitted to the Conservation Commission for compliance review purposes.
15. Work shall occur during the off-season only: October 15-March 1.
13. Following dune nourishment on Sandy Neck,access through the reclaimed dune shall be delineated in
' consultation with the Sandy Neck Park Manager. No additional access roads shall be provided unless
approved in advance by the Conservation Commission.
14. Proposed beach grass planting of dredge spoil on Sandy Neck may ensue only upon approval by MA
' Natural Heritage and Endangered Species Program(MNAESP).
15. Heavy equipment tracks shall be raked smooth immediately following the conclusion of the Sandy Neck
I
bathing beach area nourishment.Alternatively,the bathing beach nourishment ray ensue by trucking of
i
sand overland to its destination.
IV. After all work is completed,the following condition shall be promptly met:
16. 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 berein permitted. Barnstable Conservation Commission Form C
shall be completed and returned with the request for a Certificate of Compliance. Wbere 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 person certifying substantial
' compliance with tho plans and setting forth what deviation,if any,exists with the record plans approved in ,
the Order shall accompany the request for a Certificate of Compliance.
i
i
Page 4.3
1
202 v i
Massachusetts Department of Environmental Protection DEP P09 Number:
Bureau of Resource Protection- Wetlands
? WPA Form 5 - Order of Conditi�ns SE3-4582
.wa Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
And Chapter 237 of the Code of the Town of Barnstable
B. Flndings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging.Once in place,the wetland boundary markers shall be maintained until a
' Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
' stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or
water body. During construction,the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
' Commission,which reserves the right to require additional erosion and/or damage prevention controls
4 may deem necessary.Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
see attached
I
i
i
' Findings as to municipal bylaw or ordinance
I
Furthermore,the Barnstable '
hereby finds(check one that applies):
1 Conservatlon Commiulon
i
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
' Chapter 237 of the Code of the Town of Barnstable
Municipal Ordinance or Bylaw Ckatbn
i
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is i
' submitted which provides measures which are adequate to meet these standards,and a final Order of
Conditions Is issued.
I
® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
' specifically.
Chapter 237 of the Code of the Town of Barnstable '
Municipal Ordinance or Bylaw Citation i
' The Commission orders that all work shah be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above.To the extent that the following conditions
modify or differ from the plans,specifications,or other proposals submitted with the Notice of, Intent,
the conditions shall control.
tlwvAsomtS.eoc•rvv,t12lADS
' Pape 4 cr 7
UCi• jl. 1!IUI I :11rM �,o. 11U[ �•
' Massachusetts Department of Environmental Protection DEP He Number:
Bureau of Resource Protection-Wetlands
WPA Form 5 - Order of Conditions SE3-4582
rAa It�-on.S'�P► Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
And Chapter 237 of the Code of the Town of Barnstable
B. Findings (cont.)
' Additional conditions relating to munlclpal ordinance orbY law:
ail
' This Order Is valid for three years,unless otherwise specified as a speclal condition pursuant to General
Conditions K from the date of issuance.
' Date
This Order must be signed by a majority of the Conservation Commission.The Order must be mailed by
certified mall(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or
hand delivered at the same,time to the appropriate Department of Environmental Protection Regional
Office(see Appendix A)and the property owner(if different from applicant).
' Signatures:
i
i
i
On �G Of
' fay th and Year
before me personally appeared '
to me known to be the person described in and who executed the re tng [4l'f�ri �l6bl(gINDER
' ackno d that he/she exec the sa as his/her free act aNOTARY PUBLIC1MONWEx H OF MASSACIUM
Note Public My Corrvn'
This Order is issued to the applicant as follows:
i
❑ by hand delivery on Date ❑ by certifled mail,return receipt requested,on
' Print Name Signature Date
' 8WPAFom4•doc to..&.2145
Page 6 of 7
u:t. jl. Rul 1 :21f'M No. I'M N. I',
Adjudicatory Hcaring Fee Transmittal Form Page I of 1
Fee Transmittal Form
' Request forAdjudlcatorY Appeal
eal
Department of Environmental Protectlon
Pemo'n/Party Making Request: Applicant(d applicable):
' (If appropriate.name group representative)
Name. Name:
' Street; Skeet
CNy/Town: CityRown:
StatdZlp Co".. State0 p Code;
Phone:
V
Loation:
e or ID Number:f Filing Fw Attached:f
I
I
Instructions i
1.Send this form and rhea or money order for i100.o0,
DEP Lockbox at:De payable to the Commonwealth of Massachusetts,to the i
partrnent of Envlmn �entsl Protection,Box 4062.Boston,MA 02211.
2.Send a copy of this form and a COPY of the check or money order with the Request for an AdJudlcatwy Appeal
' to:Docket Clerk,Ofte of Administrative Appeals.One Winter Sheet.Boston,MA 02108.
Important!
This form Is Intended for fee transmittal only.The contents of a request for an adjudicatory appeal(Notice
at CIahm)are established at 310 CHAR 1.01 (6)and the substantive statutes and regulations governing the
partmenYs action.
i
' Privacy Policy `
I
i
04-14wt, A&V 02,1-1,!�-2524
MITT ROM NEY
Tel. (617)
GOVERNOR 626-1000
KERRY HEALEY Fax, (617)626-1181
LIEUTENANT GOVERNOR http;/Iwww.mass.gov/envir
ROBERT W. GOLLEDGE, JR.
SECRETARY
November 9,2006
CERTIFICATE OF THE SECRETARY OF ENVIRONMENTAL AFFAIRS
ON THE
NOTICE OF PROJECT CHANGE
PROJECT NAME Maraspin Creek Maintenance Dredging Project
PROJECT MUNICIPALITY Barnstable
PROJECT WATERSHED Cape and Islands
EOEA NUMBER : 13408
PROJECT PROPONENT :Town of Barnstable
DATE NOTICED IN MONITOR : October 10,2006
Pursuant to the Massachusetts Environmental Policy Act(G. L.,c.30,ss. 61-62H)and
Section 11.06 of the MEPA regulations(301 CMR 11.00),1 determine that this project does not
require the preparation of an Environmental Impact Report(EIR). However,significant issues
remain to be addressed in project permitting.
Background
As described in the December 2004Enviromnental Notification Form(ENF)submitted
for this project,the Maraspin Creek Maintenance Dredging Project involves the phased(Phase I,
Phase II)maintenance dredging of an existing 60 ft-wide navigation channel(approximately
1,600 linear feet(10)located within a 3.5-acre area of Maraspin Creek in Barnstable.Maraspin
Creek is a tidal estuary and provides a navigable accessway to Millway Marina and Barnstable
Harbor. The project involves the removal of approximately 20,000 cubic yards(cy)of dredged
material that the proponent proposes for re-use as beach nourishment,restoration of two sections
of an eroding dewatering area berm constructed as part of the proponent's previous Blish Point
(EOEA#12008)maintenance dredging project,and upland beneficial reuse.
C.Printed on Recycled Stock 2D%Post Consumer Waste
EOEA#13408 NPC Certificate November 9,2006
Phase I involved the maintenance dredging of the outermost areas of the entrance channel
to an elevation of—SMLW. The Phase I dredged material(approximately 5,000 cy)will be used
for beach nourishment along Millway Beach and the reconstruction of the Blish Point dewatering
' area berm. Phase I project activities have been completed by the.proponent.In Phase Il,the
proponent proposed to maintenance dredge both the inner and outer portions of the Maraspin
Creek navigation channel to an elevation of—6 MLW. As described in the ENF,a final
determination for the re-use of the Phase II dredged material(approximately 15,000 cy)as beach
nourishment and/or beneficial upland reuse material will be made at the conclusion of the
proponent sediment sampling and chemical analyses.
' The project requires a Chapter 91 License and a Water Quality Certificate from the
Department of Environmental Protection(MassDEP);and an Order of Conditions from the
' Barnstable Conservation Commission(and hence a Superseding Order of Conditions from
MassDEP if the local Order were appealed).The project will also require a General Program
Category II Permit from the U.S. Army Corps of Engineers. The project may require a
Consistency Review by the Office of Coastal Zone Management(CZM). Because the proponent
is not seeking financial assistance from the Commonwealth for the project,MEPA jurisdiction
extends to issues that may cause Significant Damage to the Environment and that are within the
subject matter of required state permits. In this case,MEPA jurisdiction is limited to issues
related to land alteration,tidelands,water quality,wetlands,and associated issues.
Notice of Project Change
As described in this Notice of Project Change(NPC)submittal,the project change.
' involves a 3701f extension of the proposed Phase II dredging limits and a corresponding increase"
(29,600 square feet(sf))in the proposed dredging area.The proponent has also identified a
number of additional preferred land-based placement and reuse options for the project's resultant
' dredged material including; 1)dune nourishment at the Sandy Neck Public Beach,2)dune
nourishment at Sandy Neck,and/or 3)placement at the Blish Point Sediment Containment Area.
Sandy Neck Area of Critical Environmental Concern
The project site is located within the Sandy Neck/Barnstable Harbor Area of Critical
' Environmental Concern(Sandy Neck ACEC). I note that this area was designated an ACEC in
1978 in recognition of its significant natural resources including an extensive salt marsh habitat,
habitat for 9 species of endangered ,threatened or special concern,and one of the largest barrier
' beach systems in New England.
2
":':X.-'+.+C-PNFf'KHYSYY.+A;ePwi�fts?h"4.WkE_:FvWk.. ..6A"uvv cv.3vss'*iiti4e{re.Zen+.r W-may;
EOEA 913408 NPC Certificate November 9 2006
' According to the comments received from the Department of Conservation and
Recreation(DCR),the NPC submittal describes a proposed increase to the parameters of the
previously authorized maintenance dredge area.
' Any proposal to extend a maintenance dredge area may be considered an improvement
dredging activity and thus may not be permittable within ACECs,pursuant to MassDEP's
Waterways Regulations(310 CMR 9.40(1)(b)(1).In their comments,MassDEP has indicated the
proposed extension of the dredging footprint will not qualify for a minor permit modification to
the proponent's Chapter 91 Permit(No. 10244).The proponent must consult with MassDEP in
developing its design and dredging plans for the proposed project to ensure that the final project
design complies with MassDEP's regulations for maintenance dredging within ACECs.
According to the comments received from the Division of Marine Fisheries(DMF),the
' project site contains mapped habitat for blue mussels(Mytilus edulis),soft shelled clams(Mya
arenaria),and surf clams(Spisula solidissima). The habitat areas for winter flounder
(Pseudopleuronectes americanus)and the horseshoe crab are also located within the project area.
' The DMF has requested that all in-water work be prohibited within a Time of Year(TOY)
restriction of January 15—July 15 to protect winter flounder and horseshoe crab spawning and
juvenile development.The proponent should consult with DMF regarding the proponent's
' proposed dredging and dredge disposal activities within the project area.
' Wetlands Resources
The Town proposes to fill in a section of the previously altered Cottage Area coastal
' dune system with approximately 7,500 cubic yards(cy)of dredge material (approximately
104,000 so and re-vegetate same with American Beach Grass(Ammophila breviligulata)to
alleviate ongoing flooding and improve storm damage prevention.This portion of the proposed
' project activities will impact approximately 3,600 square feet(so of salt marsh(Spartina patens)
resource area and eliminate one of two existing vehicular accessways to the cottages located at
the eastern end of Sandy Neck. According to the comments received from the Cape Cod
' Commission(CCC),this proposed coastal dune restoration work may not provide significant
protection to the existing seasonal cottages structures from coastal storms,and does not appear to
serve as a necessary measure to preserve access to the seasonal cottages.Under the 2002
' revisions to the Regional Policy Plan,use of dredge material from publicly funded dredging
projects to provide costal stone protection is supported by CCC where it can be demonstrated
that the additional coastal storm protection will benefit multiple private properties.
3
' EOEA#13408 NPC Certificate November 9,2006
' The proponent will need to provide an in-depth analysis of the Cottage Area location and
the wetland resource values to satisfactorily demonstrate the ability of the proposed dune
restoration to provide flood and storm protection as a public benefit,and to assess alternative
dune restoration layouts to further avoid or minimized impacts to salt marsh resource areas.
The proponent should work closely with the Barnstable Conservation Commission,the
Cottage area residents,the Sandy Neck Park Manager and others to implement a maintenance
plan for the Cottage Area dune restoration portion of the project to prevent the future continued
use of the dune restoration area by vehicular traffic and to ensure the success of the proponent's
proposed dune re-vegetation/restoration efforts. The proponent should formally establish the new
access route to the Sandy Neck cottages.
Historic Resources
According to comments received from the Massachusetts Historical Commission(MHC),
' the upland portions of the project site proposed for sediment re-use as beach nourishment are
located adjacent to inventoried structures and archaeological resources within the Sandy Neck
Cultural Resources District(BRN.A)listed in the State and National Registers of Historic Places.
The Blish Point Sediment Containment Area is also located adjacent to an inventoried
archaeological resource area.The proponent should consult with the Massachusetts Historical
Commission(MHC)in further developing its design and construction plans for the proposed
project to avoid,minimize and mitigate the project's potential impacts to structures and
archaeological resources located within the Sandy Neck Cultural Resources District.
Based on the information provided by the proponent and consultation with relevant public
agencies,I conclude that no further MEPA review is required. The proposed maintenance
dredging project area does not appear to contain significant shellfish beds,rare species habitat,or
' other resources. The proposed project change is not likely to result in negative impacts to the
Barnstable Harbor ACEC.
i
4
1
EOEA#13408
NPC Certificate November 9,2006
' However,while I am not requiring an EIR for this project,the proponent will need to
address the comments received on the ENF and the NPC submittals during the permitting
process,particularly with respect to the delineation of maintenance dredge area,the use of the
' dredged material for beach nourishment and coastal dune restoration,and mitigation of
construction impacts.
November i 9.2006 l�✓DATE Robert W. Golled ,. .,byecretary
1
iComments received:
10/18/06 Massachusetts Historic Commission(MHC)
' 10/30/06 Department of Environmental Protection(MassDEP)-SERO
10/30/06 EOEA—Office of Coastal Zone Management(MassCZM)
10/30/06 Department of Conservation and Recreation(DCR)
10/30/06 Massachusetts Division of Marine Fisheries
11/02/06 The Cape Cod Commission(CCC)
1
NPC#13408
RWG/NCZ/ncz
1
1
5
i �
' TEMPORARY/REMOVABLE SAND CONTAINMENT BARRIER
' BLISH POINT PUBLIC ACCESS FACILITY
BARNSTABLE HARBOR
BARNSTABLE, MASSACHLTSETTS
CHAPTER 91 LICENSE APPLICATION
1
1
1
1
1
1
ATTACHMENT F
' MILLWAY BEACH SAND MANAGEMENT PLAN
1
1
1
1
1
MILLWAY BEACH
' SAND MANAGEMENT PLAN
BARNSTABLE HARBOR
BARNSTABLE,MA
' I. INTRODUCTION
Millway Beach is a man-made beach which was constructed by the Town in the
' early 1950s. The beach currently lacks a natural sediment source and is
threatened by the loss of sediment and coastal beach and dune erosion,
predominantly due to storm events. The loss of sand from the beach contributes
' significantly to in-harbor shoaling along the outer and inner harbor channels,
greatly affecting both recreation and navigation. In addition, the drifting of sand
impacts operations at the State Public Access boat launch ramp as well as the
parking lot and resident properties adjacent to the beach. Sandy dredge material
was used for beach nourishment along Millway Beach in 2005 as part of Phase 1
of the outer harbor channel dredging project in an effort to restore beach
' elevations that had lowered due to coastal erosion. As part of this effort, dredge
sediments were also utilized to restore an eroded area along the northwest berm of
Blish Point Sediment Containment Basin. However, a significant amount of sand
' placed as part of this beach nourishment effortv was eroded during several severe
storm events which occurred in May 2005.
' Development and implementation of a sand management plan for Millway Beach
is required as per the Order of Conditions (DEP File # SE3-4582) issued by the
Barnstable Conservation Commission on January 16, 2007 for the Phase II
maintenance dredging of the outer entrance channel. The purpose of a sand
' management plan is to implement measures to prevent and/or mitigate adverse
impacts to the beach environment from storms, flooding, erosion and user
' activities creating a pro-active rather than reactive maintenance program. In
establishing the goals and objectives of the sand management program it is
important to balance the needs of recreational users, preservation of natural
resources and the ability of the Town to maintain the beach.
t
II. EXISTING SITE CONDITIONS
' Millway Beach is located along the south side of Barnstable Harbor and provides
public shoreline access to the residents of the Town and to its many visitors. The
beach is part of a recreational facility that includes a Town parking lot, public
' bathhouse, and a State-owned parking lot and boat launch ramp facility as
illustrated in Figure 1. Millway Beach is located within the State-designated
Sandy Neck/Barnstable Harbor Area of Critical Environmental Concern (ACEC).
' Coastal resource areas at Millway Beach include Coastal Beach, Coastal Dune
and Salt Marsh.
' Millway Beach Sand Management Plan Page I of 4
Town of Barnstable
October 2008
The Blish Point Sediment Containment Basin borders the upper perimeter of
Millway Beach. Since 1994, the containment area has been utilized by the Town
for the dewatering and placement of dredge sediments removed from the
Barnstable Harbor Channel. The containment area is vegetated primarily with
American Beach Grass (Ammophila breviligulata), which helps stabilizes the
containment basin as well as creates an aesthetically pleasing environment to the
surrounding beach and recreational area.
' Several discreet patches of salt marsh exist along the lower perimeter of Millway
P g p Y
Beach, ranging in width from approximately twenty to fifty feet. Patches of
' beach exist between the areas of salt marsh. The marsh is dominated by smooth
cord grass (Spartina alterniora), salt-meadow cord grass (Spartina patens), and
glasswort (Salicornia) sp. Sand and gravel comprised the top layer of sediment
' throughout much of the marsh. Areas of eroded peat are visible within the salt
marsh.
The most northeasterly shoreline of Millway Beach is protected by an existing
stone revetment which extends approximately 300 linear feet (LF). The
revetment structure continues in a northeasterly direction providing shoreline
' protection to private residences.
Review of aerial photographs and historic maps indicates that the predominant
' natural longshore transport direction of sediment along Millway Beach is from the
west to the east. This appears to be the result of the longer wave fetch to the
northwest. The photographs and observed sediment deposition also indicate that
' there is a littoral transport node at the west end of the beach at the Harbor
entrance. The combination of the westward littoral transport and flood tidal
currents at the west end of Millway Beach appears to be responsible for the
' buildup of sand at the public boat ramp. The aerial photographs also indicate that
both the salt marsh and beach have been eroding over time. Erosion along the
beach appears to be predominantly the result of storm waves and the beach is
' fairly stable during long non-storm periods. The presence of salt marsh
vegetation likely aids in slowing down the rate of erosion, and may allow some
accretion to occur along the beach by trapping sediment
' III. PROPOSED SAND MANAGEMENT PLAN
The primary goal of the Millway Beach Sand Management Plan is to preserve and
improve the beach and its resources in hope that such actions will act as a positive
contribution to storm damage prevention and sediment re-supply to the beach.
' The introduction of a Sand Management Plan will also help create a more
desirable public beach for recreational purposes, minimize continuous sediment
build-up along the Public Access boat ramp and within the harbor channel and
' minimize the deposition of windblown sand onto the parking lot and surrounding
properties. The plan developed to address these issues should be considered as a
combination of short-term and long-term measures, and provide monitoring to
' Millway Beach Sand Management Plan Page 2 of 4
Town of Barnstable
October 2008
1
evaluate the success of those measures. It is understood that over time, the plan
' may be modified based upon the findings of the monitoring program.
The proposed Sand Management Plan that is presented herein is based upon
review of historic and existing site data along with discussion and input from the
local Town Officials from the Barnstable Department of Public Works and
Conservation Commission and Mr. Jim O'Connell, Coastal Geologist with the
Woods Hole Oceanographic Institute(WHOI) Sea Grant Program.
The proposed Millway Beach Sand Management Plan consists of the following
' items:
1. Installation of a temporary/movable/adjustable sand containment system along
' the northwest side of the Public Access boat ramp to trap drifting sand and
prevent build up along the ramp (see Figure 1). This structure will be located
northwest of the ramp. As sand accumulates to 60 to 70% of the height of the
' containment barrier, it will be removed by a small front-end loader and then
placed and spread along the northeasterly end of Millway Beach including any
exposed areas along the toe of the revetment or areas which exhibit signs of
material loss. A removable/adjustable system is recommended so that there is
flexibility to modify this structure based upon its performance as observed
over time under a monitoring program (see Item 4 below). In addition, it can
be easily removed should future repairs at the boat ramp be required.
2. Installation of snow fence approximately 5 to 10 feet seaward of the stone
revetment and in front of the existing dune scarp located in the mid-section of
the Blish Point Sediment Containment Area to encourage sand build up and
minimize the deposition of windblown sand along beach front.properties and
' the parking lot (see Figure 1). Snow fence would be installed in mid-spring
and removed in mid to late September.
' 3. The beach level shall be monitored on an annual basis to determine future
beach nourishment cycles and to help assess priority locations for placement
of sand removed from the sediment containment barrier at the Public Access
' boat launching ramp. Storm action and weather conditions will dictate the
frequency of renourishment. The sand used for a comprehensive re-
nourishment program will most likely come from future harbor dredging
projects, as this is the only viable source of sediment available for Millway
' Beach. Although dredge sediments have been and will likely continue to be
finer than native beach material, regulatory agencies have indicated that it is
' best to keep this material in the system, despite the compatibility of dredge
and beach sediments not being ideal. Future beach nourishment projects will
be designed to maximize the use of the coarser sediments that have typically
been dredged from the outer sections of the harbor entrance channel.
Millway Beach Sand Management Plan Page 3 of 4
Town of Barnstable
October 2008
4. Regular monitoring of the beach will be performed to evaluate the
' effectiveness of the above measures to maintain the beach level. Monitoring
will include conducting a topographic survey of the beach on an annual basis,
from which cross-sections can be developed and analyzed in comparison with
' previous surveys. Monitoring will also include documentation of the
estimated quantity of material removed from the boat ramp area and when and
where it was placed. Monitoring of the beach level along the existing stone
t revetment shall be performed to confirm stability of the structure and to
determine if it is prone to becoming undermined/raveled. Further sediment
sampling should be performed to monitor grain size distribution of excavated
' material from the boat ramp and nourishment material.
5. Erosion along the Blish Point Sediment Containment'Basin berm, which
' predominantly occurs along the northwest face of this structure, will be
stabilized by placement of sand(from the containment barrier at the boat ramp
or from dredging) and replanting of American Beach Grass consistent with the
' required maintenance for this structure as per the Certificate of Compliance
for file SE3-2553.
t 6. Beach cleaning and maintenance shall be performed by the Town on a
scheduled yearly basis to remove trash and debris that.may have accumulated
over the winter and early spring months.
The proposed sand management activities outlined above are part of the pro-active
' plan that will be implemented by the Town to more effectively manage Millway
Beach. The Sand Management Plan will be updated based upon the effectiveness of
the program as measured by survey monitoring. It is intended that the program will
be expanded or modified if monitoring determines that additional measures are
' required to effectively protect resources and maintain the level of beach for its users.
Millway Beach Sand Management Plan Page 4 of 4
Town of Barnstable
October 2008
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NOTES: "
1. EXISTING TOPOGRAPHIC AND UTILITY INFORMATION BASED ON FIELD SURVEY BY VINE
.. .. .. Y
ASAND APRI 19 2" u , ]»Nu9w.c 71p o otpe7 npm ASSOCIATES, INC,IN 3 2004 ND L 006 rn n am le eual smm C. 0 DECEMBER ,
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AINMENT AREA VEGETATED .. 4 , �ASSOCNTES,MIC. 1
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" _ 0 40 80 PROJECT N0. 1221
NAIL SET IN THE PARKING LOT. ELEVATIOtI - 18.30 MLW, _ - - _ SCALE DATE
SCALE IN FEET 1^ = 80' AUGUST 2007 FIGURE 1
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