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Home My WebLink AboutO'Brien COC full filing 11-9-23 Shorefront Consulting Professional Services on Land or At Sea 290 Center St., Dennis Port, MA 02639 www.shorefrontconsulting.com 508-280-8046 shorefrontconsulting@gmail.com Town of Barnstable November 7, 2023 Conservation Commission 200 Main Street Hyannis, Massachusetts 02601 By hand delivery Re: Request for Certificate of Compliance; SE3-5669 Proposed Floats and Maintenance Dredging Francis O’Brien 90 Bayshore Road Hyannis, MA 02601 Map 325, Parcel 76 On behalf of my client, Francis O’Brien, please accept this request for a Certificate of Compliance for the above referenced project. Enclosed please find DEP form WPA Form 8A, Request for Certificate of Compliance, a check for $125 for the application fee, and this certification of compliance letter from Shorefront Consulting and stamped by Existing Grade dated November 7, 2023. In general, the project was completed substantially in accordance with the plan dated 4/3/2019 (Rev 2) from Shorefront Consulting and Existing Grade, and the permit issued on 4/17/2019. The dredging was performed by Wayne Kurker of Hyannis Marine. Shorefront consulting staked out the dredge area with the surveyor using instrument survey equipment for accurate positioning of the stakes. Shorefront Consulting inspected the site on several occasions during the dredging. Preliminary depth measurements were taken at two instances during the dredging in January of 2020, and the dredging was adjusted accordingly to remove high spots and smooth out the dredge area. The material was removed in a container with a fixed volume to monitor the dredge volume. Shorefront Consulting is confident that the dredging was performed in accordance with the plans and the permits. Special Condition III 14 required a post-dredge survey within one year of the dredging. Unfortunately, this was not possible because of COVID starting in March of 2020, continuing for over a year. Businesses were shut down, work could not be performed, and schedules were disrupted. Any survey performed now would only indicate current conditions 3 years after the dredging, where the area will have silted in, changing post dredge conditions. In addition, the floats were re-aligned in accordance with the permit plan, but the floats were not moved 4 feet seaward as previously approved. This was verified with the property owner and Google Earth on November 7, 2023. The project is complete and the applicant is requesting the certificate of compliance to close out the project. Please include this request in your next scheduled public hearing. The original Certificate of Compliance should be mailed to Shorefront Consulting for recording. If there are any questions or concerns regarding this filing, please contact me as soon as possible. Sincerely, ` Mark Burgess Shorefront Consulting B.S. Ocean Engineering Enclosures: As Stated cc: Francis O’Brien (Applicant) Town of Barnstable Conservation Commission 200 Main Street Hyannis Massachusetts 02601 E-mail: Certificate of Compliance Request Project Location Map:3"5 Parcel: Form C Office: 508-862-4093 FAX: 508-778-2412 Compliant Please check the appropriate box. Enter nla if not applicable. tr All Special Conditions in the Order of Conditions have been reviewed. Any issues of non-perforrnance or non-compliance have been noted in the cover letter. tr Work limit line was not exceeded by any alteration or cuttirg. tr No plan deviations within the 50' setback from resource area. tr No plan deviations between 50' and 100' of the resource area. tr 0rle tr Areas disturbed during construction have been revegetated. Mulching is not a substitute for vegetation. tr Piers, ramps and floats in storage are the permitted size, shape and configuration This checklist does not relieve applicants and conditions of the Order of their representatives from compliance with other Conditions. Please describe all deviations in your Representative's Please submit this completed checklist, your written request for a Certificate of Compliance, and your check for $125 made payable to the Town of Barnstable. ture wpaform8a.doc •• rev. 5/29/14 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A – Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: SE3-5669 Provided by DEP A. Project Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1. This request is being made by: Francis X. O'Brien Name P.O. Box 84. Mailing Address W. Springfield City/Town MA State 01090 Zip Code Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: Francis X. O'Brien Applicant 4/17/2019 Dated SE3-5669 DEP File Number Upon completion of the work authorized in an Order of Conditions, the property owner must request a Certificate of Compliance from the issuing authority stating that the work or portion of the work has been satisfactorily completed. 3. The project site is located at: 90 Bayshore Road Street Address Hyannis City/Town 325 Assessors Map/Plat Number 076 Parcel/Lot Number 4. The final Order of Conditions was recorded at the Registry of Deeds for: Property Owner (if different) Barnstable County Book Page Cert #212620, Doc #1,369,294 Certificate (if registered land) 5. This request is for certification that (check one): the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). The dredging was performed in accordance with the plan, the floats were re-aligined in accordance with the plan. The floats were not moved further seaward, where a 4 foot seaward movement was approved. the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaform8a.doc •• rev. 5/29/14 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A – Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: SE3-5669 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office- for-your-city-or-town.html).