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HomeMy WebLinkAboutShell Lane NOI FW_ [EXTERNAL] 5_23 response to DEP CommentsFrom: Karle, Darcy Sent: Tuesday, May 23, 2023 10:47 AM To: Cavanaugh, Kimberly Subject: info on Shell Lane NOI FW: [EXTERNAL] 5/23 conservaon hearing - screen sharing Importance: High HI Kim, Please forward to the Commissioners and copy the file regarding Shell Lane NOI. I asked Carl to respond tonight regarding the comment from DEP. Thank you From: Nielsen, Carl [mailto:CNielsen@trccompanies.com] Sent: Monday, May 22, 2023 2:57 PM To: Karle, Darcy Cc: 'Tom Lee' Subject: RE: [EXTERNAL] 5/23 conservation hearing - screen sharing Hello Darcy, With regard to the fourth item below, we are proposing only 435 sf impact to BVW to create the opening in the vegetaon to facilitate access by the treatment company to the pond. We were hoping that the 310 CMR 10.55(4)(c) could be applied in this case given the area of impact is less than 500 feet and accessing the pond without some annual pruning would not be feasible. We may be able to scale back on the access path by another foot of width to further reduce impacts to about 378 sf. (c) Notwithstanding the provisions of 310 CMR 10.55(4)(a), the issuing authority may issue an Order of Condions perming work which results in the loss of a poron of Bordering Vegetated Wetland when;1. said poron has a surface area less than 500 square feet;2. said poron extends in a disnct linear configuraon ("finger-like") into adjacent uplands; and3. in the judgment of the issuing authority it is not reasonable to scale down, redesign or otherwise change the proposed work so that it could be completed without loss of said wetland. Carl Nielsen, CLM Senior Program Manager East Providence, RI M 401.524.5108 From: Karle, Darcy <Darcy.Karle@town.barnstable.ma.us> Sent: Monday, May 22, 2023 2:03 PM To: Nielsen, Carl <CNielsen@trccompanies.com> Cc: 'Tom Lee' <tlee@horsleywien.com> Subject: [EXTERNAL] 5/23 conservaon hearing - screen sharing This is an EXTERNAL email. Do not click links or open attachments unless you validate the sender and know the content is safe. ALWAYS hover over the link to preview the actual URL/site and confirm its legitimacy. Good aernoon Carl, I had a queson on who will be the actual company treang Shell Lane Pond? I see you are asking for an ancipated dose of Sonar at 20 ppb which is fine. Will that work for you? I have more knowledge of Sonar than the Diquat. If you receive the order of condions, it will be good for 3 years. We would add a special condion requiring wrien noficaon prior to any follow up treatments aer the inial treatment. You would be able to extend the order an addional 3 years under the first extension request and more than likely get a second extension request for an addional 3 years. The 3rd extension request are somemes granted by the Commission. So that means a potenal for 9 years of treatment or possibly 12 years. However you have to request the extensions. Please be prepared at the hearing to address the DEP comments that were included in the noficaon of the file number. I noce they are asking for a 1:1 replacement of BVW. Would you like to share your screen tomorrow during the hearing to show any exhibits? I need to let Channel 18 know. This is a remote hearing. Just let me know. Thank you Darcy Karle, Conservaon Administrator Planning & Development/Conservaon Program Town of Barnstable l 230 South Street l Hyannis, MA 02601 Darcy.Karle@town.barnstable.ma.us P 508-862-4041 CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open aachments or reply, unless you recognize the sender's email address and know the content is safe!