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Home My WebLink About022724-Beaudoin-186056 Hayward Road – McCarthy Landing Facility Regulatory Compliance & Improvements Notice of Intent Town of Barnstable Barnstable, Massachusetts February 2024 Project ID: 24N004.00 Solving our clients’ toughest science and engineering challenges. wpaform3.doc • rev. 12/4/2023 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 40 Hayward Road a. Street Address Barnstable b. City/Town 02632 c. Zip Code Latitude and Longitude: 41.637659 d. Latitude -70.351169 e. Longitude 186 f. Assessors Map/Plat Number 056 g. Parcel /Lot Number 2. Applicant: Griffin a. First Name Beaudoin b. Last Name Town of Barnstable c. Organization 367 Main Street d. Street Address Hyannis e. City/Town MA f. State 02601 g. Zip Code 508-790-6400 h. Phone Number i. Fax Number griffin.beaudoin@town.barnstable.ma.us j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Jeramy a. First Name Packard b. Last Name Foth Infrastructure & Environment, LLC c. Company 114 Touro Street d. Street Address Newport e. City/Town RI f. State 02840 g. Zip Code 508-488-0928 h. Phone Number i. Fax Number jeramy.packard@foth.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): Municipal - Exempt a. Total Fee Paid Municipal - Exempt b. State Fee Paid Municipal - Exempt c. City/Town Fee Paid wpaform3.doc • rev. 12/4/2023 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town A. General Information (continued) 6. General Project Description: The Town of Barnstable is proposing to bring the entire Hayward Road – McCarthy Landing waterfront facility into regulatory compliance by relocating floats, establishing a reconfiguration zone, improving accessibility to the public facility, and performing maintenance to the facility’s existing timber pier, aluminum gangways, floats, and pilings. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) 2393 c. Book 0044 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 12/4/2023 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 12/4/2023 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 8 sf 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 8 sf 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 12/4/2023 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 Phone: (508) 389-6360 b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review* 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ** (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site * Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ** MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 12/4/2023 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Bourne to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Plymouth to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 12/4/2023 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 12/4/2023 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town D. Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. a. Plan Title Carrie Marshall, E.I.T. b. Prepared By Jeramy Packard, P.E. c. Signed and Stamped by d. Final Revision Date 1"=20' e. Scale f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: Municipal - Exempt 2. Municipal Check Number 3. Check date Municipal - Exempt 4. State Check Number 5. Check date 6. Payor name on check: First Name 7. Payor name on check: Last Name Hayward Road – McCarthy Landing Facility Regulatory Compliance & Improvements February 2, 2024 noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 40 Hayward Road a. Street Address Barnstable b. City/Town Municipal - Exempt c. Check number N/A d. Fee amount 2. Applicant Mailing Address: Griffin a. First Name Beaudoin b. Last Name Town of Barnstable c. Organization 367 Main Street d. Mailing Address Hyannis e. City/Town MA f. State 02601 g. Zip Code 508-790-6400 h. Phone Number i. Fax Number griffin.beaudoin@town.barnstable.ma.us j. Email Address 3. Property Owner (if different): a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Municipal - Exempt Step 5/Total Project Fee: Step 6/Fee Payments: Total Project Fee: a. Total Fee from Step 5 State share of filing Fee: b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Paste file name and path here – Footer B style ii Hayward Road – McCarthy Landing Facility Regulatory Compliance & Improvements Table of Contents Page 1. Project Overview ....................................................................................................................... 1 2. Existing Conditions .................................................................................................................. 2 3. Proposed Conditions ............................................................................................................... 2 4. Environmental Considerations ................................................................................................ 3 4.1 Coastal Resource Area Impacts ................................................................................. 3 4.2 Construction Methodology and Protection of Resources ........................................ 5 5. Alternatives Analysis ................................................................................................................ 5 6. Site Photographs ...................................................................................................................... 9 7. Summary ................................................................................................................................. 11 Appendices Appendix A Project Plans titled “Hayward Road-McCarthy Landing Facility Regulatory Compliance & Improvements”, Dated February 2024, 5 sheets Appendix B Town of Barnstable Conservation Commission NOI Submission Requirements Checklist Appendix C FEMA FIRMette Appendix D 100’ Abutters List Appendix E Assessor’s Map with 100’ Radius Appendix F Copy of Abutter Notification Letter Appendix G Permission to Access Property, Form PA Appendix H USGS Quadrangle Map Appendix I NHESP, ACEC, and Shellfish Suitability Areas Map Appendix J Previous Authorizations Appendix K Proof of DMF Notification Foth · 1 1. Project Overview On behalf of the Town of Barnstable, Massachusetts (the Town), Foth Infrastructure and Environment, LLC (Foth) presents the following information in support of a Notice of Intent application for the Barnstable Conservation Division and Massachusetts Department of Environmental Protection (DEP). The Town is proposing to bring the entire Hayward Road – McCarthy Landing waterfront facility (McCarthy Landing) into regulatory compliance by relocating floats, establishing a reconfiguration zone, improving accessibility to the public facility, and performing maintenance to the facility’s existing timber pier, aluminum gangways, floats, and pilings. The proposed project is intended to improve the accessibility, public safety, and functionality of the existing municipal public pier facility. See below for driving directions to the project site: Traveling East on US-6 Take exit 65 onto Route 149. At the roundabout, take the 2nd exit onto Service Road. In 0.4 miles, turn right onto Old Stage Road. In 1.1 miles, turn left onto Old Stage Road. In 2.5 miles, take a slight right turn onto Main Street. In 0.4 miles, take a slight right turn onto S. Main Street. In 0.4 miles, turn left onto Coddington Road. In 500 feet, turn left onto Hayward Road. In 200 feet, turn left to arrive at 40 Hayward Road. Traveling West on US-6 Take exit 68 onto Route 132. In 0.3 miles, turn left onto Iyannough Road. In 1.3 miles, turn right onto Old Strawberry Hill Road. In 0.4 miles, turn right onto Phinney’s Lane. In 0.8 miles, take a slight left turn onto Wequaquet Lane. In 0.9 miles, turn right onto Pine Street. In 0.6 miles, take a slight left turn onto S. Main Street. In 1.1 miles, turn left onto Coddington Road. In 500 feet, turn left onto Hayward Road. In 200 feet, turn left to arrive at 40 Hayward Road. Figure 1: Project Location Map Project Location Centerville, MA Nantucket Sound Craigville Beach Foth · 2 2. Existing Conditions Located at 40 Hayward Road in the village of Centerville in the town of Barnstable, MA (Map 186 Parcel 56), McCarthy Landing is situated along the Centerville River which connects to Nantucket Sound. The project site serves as a municipal boating facility and consists of a boat ramp, a pier, floating docks and gangways, and a gravel parking lot. The project site is located in the vicinity of several coastal resources including Coastal Beach, Land Under the Ocean, Land Subject to Coastal Storm Flowage, Salt Marsh, Riverfront Area, and Shellfish Suitability Area. Components of the site have been previously authorized as shown on DEP Plan No. 145, Department of Public Works (DPW) License No. 3851, and DPW License No. 5502 as shown in Appendix J. The floats used for dinghies are currently not authorized. Please see the project plans in Appendix A for additional information. On October 6, 2022, Foth performed a visual inspection of the existing maritime infrastructure above the water line to determine the structural condition of the existing timber floats and pier at the project site. Following the inspection, Foth provided the Town with several recommendations for both immediate and long-term repairs and improvements to the project site. 3. Proposed Conditions The proposed project addresses the structural repairs to the existing timber pier recommended in Foth’s inspection report as described above, the non-compliant floats, site accessibility by the public, and minor operational/safety improvements. The proposed work includes the installation of a new dinghy dock and associated piles and gangway as well as the relocation of the exiting harbormaster float and gangway as depicted on the project plans in Appendix A. Proposed improvements at the project site include: · Rotate and reuse existing harbormaster float (10’ x 16’). · Relocate existing gangway (12’ x 2.67’) and tighten railings (see detail B/Sheet 5). · Addition of a structural gangway attachment (see detail A/Sheet 5). · Cover existing lead piling caps with PVC flat piling cap (typ. Of 34). · Replace damaged cross bracing (5), stringers (33), and split caps (5). · Realign and secure existing deck boards and cleats as necessary. · Install timber shims to replace steel mending plates for non-bearing stringers. · Install solar lighting along pier deck. · Remove existing dinghy dock ladder. · Install new dinghy dock gangway and transition plate. · Replace existing dinghy docks with new floating docks. · Temporary facilities include an approximately 30’ x 30’ staging area located at the landward end of the existing pier. · Proposed pile installation will take place from a barge which will maintain 18” of clearance from the existing substrate at all times (no grounding out). Foth · 3 The proposed project includes a reconfiguration zone in accordance with 310 CMR 9.39 (1)(b) to allow for the future reconfiguration of the authorized float systems within this area. As shown on the plans in Appendix A, the reconfiguration zone coordinates are as follows: 4. Environmental Considerations Project components are located within resource areas pursuant to 310 CMR which include Land Under the Ocean as delineated based on topographic and hydrographic surveys of the project area and confirmed in the field. The proposed project is not located in the vicinity of Natural Heritage Endangered Species Program (NHESP) Priority Habitats of Rare Species, NHESP Estimated Habitats of Rare Wildlife, or Areas of Critical Environmental Concern (ACEC), as shown on Appendix I. 4.1 Coastal Resource Area Impacts The proposed project is a water-dependent project. It has been designed and will be implemented using the best available measures to avoid/minimize adverse impacts to coastal resource areas. Pursuant to Chapter 237 of the Code of the Town of Barnstable (the “Code”) and the Massachusetts Wetlands Protection Act (MA WPA) 310 CMR 10.00, coastal resource areas are to be regulated in order to contribute to the following public interests: · Flood control; · Storm damage prevention; and/or · Protection of marine fisheries and wildlife habitat. Presented below are the coastal resource areas and impacts that will result from implementation of the proposed project, along with how the project adheres to the MA WPA performance standards for each impacted resource area. Land Under Ocean (310 CMR 10.25) The WPA defines Land under Ocean (LUO) as land extending from the mean low water (MLW) line seaward of the boundary of the municipality’s jurisdiction and includes land under estuaries. A total of ten (10) 12” diameter piles will be installed in LUO, totaling an effected footprint of approximately 8 square feet (sf). The proposed project will meet the performance standards for LUO as follows:  Water circulation: The installation of piles will not alter the water circulation within the LUO resource area. Foth · 4  Distribution of Sediment Grain Size: The installation of piles will not alter the sediment quality within the LUO resource area.  Water Quality: Temporary turbidity and the re-suspension of solids are anticipated to occur during the installation of the piles; however, this turbidity will be short-term (limited) in nature. Impacts will be minimized by slow hammer starts to reduce turbidity impacts and erosion control measures will be implemented as required by local and state authorities.  Finfish Habitat: The installation of piles will have minimal temporary impacts to finfish habitat within the LUO resource area. Land Containing Shellfish (310 CMR 10.34) The proposed project is within an area mapped as a “Shellfish Suitability” area (Land Containing Shellfish). The WPA identifies Land Containing Shellfish (LCS) as land under the ocean, tidal flats, rocky intertidal shores, salt marshes, and land under salt ponds when any such land contains shellfish. Shellfish species as described in 310 CMR 10.34 as Bay Scallop, Blue Mussel, Ocean Quahog, Oyster, Quahog, Razor Clam, Sea Clam, Sea Scallop, and Soft Shell Clam. Land Containing Shellfish of the project has been defined by MA GIS in the “Shellfish Suitability Areas” information layer (see Appendix I). A total of ten (10) 12” diameter piles will be installed in Land Containing Shellfish, with a total footprint of approximately 8 sf. The proposed activity meets the performance standards for LCS as follows:  Shellfish: According to the most current available MA GIS data pertaining to MA DMF mapped suitable shellfish habitat, the proposed work may be located within areas containing Bay and Sea Scallops, Blue Mussels, Quahogs, Oysters, Razor Clams, Sea Clams, and/or soft-shell clams. It is noted that areas mapped by MA DMF includes sites where shellfish have historically been sighted, but may not currently support any shellfish. The installation of the piles will have minimal temporary impacts to LCS.  Water Quality: Temporary turbidity and the re-suspension of solids are anticipated to occur during construction and the installation of piles; however, this turbidity will be short-term (limited) in nature. Erosion control measures will be implemented as required by local and state authorities.  Water Circulation: The installation of piles will not alter the water circulation within LCS.  Natural Relief, Evaluation or Distribution of Sediment Grain Size: The installation of piles will not alter the sediment quality within LCS. Land Subject to Coastal Storm Flowage (310 CMR 10.02) The WPA defines Land Subject to Coastal Storm Flowage (LSCSF) 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 area mapped by the Federal Emergency Management Agency (FEMA) on community Flood Insurance Rate Maps (FIRM) as the 100-year floodplain within the coastal zone are included within LSCSF. The project site is located within FEMA Flood Zone AE El. +13’ North American Vertical Datum of 1988 (NAVD88), and Zone AE El. 14’ NAVD88. There are currently no regulations of performance standards for LSCSF. The proposed work is not anticipated to alter the flood storage of eroded land and/or storm damage prevention capacity of the site, or existing drainage patterns. Buffer Zone: The proposed project does not include work located within the inner (50-ft) or outer (100-ft) buffer zones of coastal resource areas. The proposed project adheres to the values and interests of Chapter 237 of the Code of the Town of Barnstable as follows: Foth · 5  Erosion and sediment control: Erosion control measures will be implemented as required by local and state authorities.  Wildlife: There are no anticipated permanent impacts to the existing wetland wildlife. As previously mentioned, the installation of the piles will have minimal temporary impacts to LCS.  Recreation: The proposed project will not adversely affect recreational activities.  Aesthetic: There are no anticipated negative impacts anticipated with the proposed project.  Agriculture: There is no agriculture within 100 feet of the proposed activity.  Aquaculture: The proposed project will not impact the growing, raising, breeding, storing, or producing of specified aquatic or marine organisms.  Historic interests: The proposed project will not negatively impact historic interests. 4.2 Construction Methodology and Protection of Resources Summarized below is the general construction methodology anticipated for the proposed project and measures that will be implemented for the protection of resources. · It is anticipated that the proposed work will be performed primarily from a barge consisting of the necessary pile driving equipment as required for the installation of the timber piles. The water- based equipment will not be permitted to ground at any time so as to avoid impacts to the coastal resource areas. · Slow hammer starts will be implemented for all pile installations to provide adequate time for fish and marine mammals to leave the vicinity. · Absolutely no release will be allowed into the waterway of any petroleum product, epoxies, resins, admixtures, touch-up coatings or the like. Accidental releases shall be reported to the Harbormaster, Engineer, and if applicable, the U.S. Coast Guard. The Contractor shall have on site sufficient sorbent pads and booms to contain an accidental spill. · The proposed project is not expected to have significant cumulative impacts to the biological resources in the vicinity of the project as it proposes maintenance/improvements to the existing waterfront facilities. · No direct or indirect increases or other changes in local or regional air quality are likely to occur within construction of the proposed project. 5. Alternatives Analysis Several alternatives and float configurations were considered throughout the design process in order to develop a layout that complies with regulatory requirements and best meets the needs of the facility. The configurations were bound on the landward side by a requirement for a minimum of 1.5’ of clearance underneath the floats at low tide and on the seaward side by proximity to the Centerville River Channel (the Channel). The original goal was to achieve 2.5’ of clearance to the substate; however, this was not feasible due to constraints at the site such as water depth and proximity to the Channel in order to allow the mooring of vessels on the harbormaster float without encroachment into the Channel. Foth · 6 All considered configurations induce approximately the same impacts to resource areas with impacts limited to the installation of float anchor piles. Please see below for a summary of the considered alternatives including: · No-Build · Float Reconfiguration Alternative Iterations · Preferred Float Configuration Alternative No-Build The No Build alternative would result in no changes from the existing conditions of the facility. This alternative does not meet project goals because it does not bring the facility into regulatory compliance, nor does it optimize the use and safety of the facility. Float Reconfiguration Alternative Iterations Early in the design process, the configurations consisted of an attached dinghy dock and harbormaster float accessible by one new 30’ long gangway. Figure 2: Reconfiguration Alternative 1 Figure 3: Reconfiguration Alternative 2 Foth · 7 These alternatives limit the accessibility and functionality of the harbormaster float, are not easily maneuverable, and limit passage between the new dinghy docks and the existing isolated floats. For these reasons, these alternatives are not preferred. Figure 4: Reconfiguration Alternative 3 In an intermediate design iteration, the harbormaster float was configured on the end of the dinghy dock float, and both floats were accessible via a gangway parallel to the pier with two landings. This alternative is not preferred because, similar to the original iterations, there is no separation between the dinghy dock and harbormaster dock. In the event of emergencies, it is critical that the harbormaster has ease of access to their designated float at the facility and can access both sides of the float if needed, so separating the dinghy and harbormaster docks is ideal. Figure 5: Reconfiguration Alternative 4 Foth · 8 Figure 6: Reconfiguration Alternative 5 As the design process began to approach the final design, the dinghy docks and harbormaster docks were separated. The harbormaster float was accessible via the existing 12’ long gangway, which was to be relocated, and the new dinghy docks would be accessible with a new 30’ long gangway. The gangway was shifted from the center to the edge of the float to improve accessibility and comply with guidance provided in the Accessible Boating Facilities (ABF) document published by the United States Access Board (USAB); however, this limited the use of the seaward side of the dinghy dock. Preferred Float Configuration Alternative The preferred float configuration alternative reflects the elongation of the previously proposed 36’ long dinghy dock float to facilitate accessibility and conformity with ABF guidelines. The proposed gangway was shifted to allow for dock access on the seaward side of the float. Please see the project plans in Appendix A for the proposed and preferred facility configuration. The preferred configuration meets project goals of bringing the facility into regulatory compliance by adhering to the minimum 1.5’ float clearance requirement and addresses deficiencies in various elements of the facility to improve safety and functionality. The preferred alternative considered the need for a Harbormaster pier that is easily accessible, separated from the dinghy dock, and does not cause the encroachment of docked vessels into the Channel. Foth · 9 6. Site Photographs The photographs below were collected during the visual inspection performed by Foth on October 6, 2022. Photograph 1: View of the Main Timber Pier Facing Southeast Photograph 2: View of the Main Timber Pier Facing Northwest Foth · 10 Photograph 3: View of the Aluminum Gangway and Harbormaster Float Facing Northeast Photograph 4: Missing Timber Deck Board at the End of the Pier Foth · 11 Photograph 5: Existing Dinghy Float Facing East 7. Summary The Town is submitting this Notice of Intent to obtain an Order of Conditions in accordance with the Wetlands Protection Act and Chapter 237 of the Code of the Town of Barnstable. The project aims to bring McCarthy Landing into regulatory compliance by relocating floats, establishing a reconfiguration zone, improving accessibility to the public facility, and performing maintenance to the pier’s structural components. The proposed project will improve the access, public safety, and functionality of the existing municipal public pier facility through the proposed improvements, including the installation of solar deck lighting. Impacts to resource areas in the vicinity of the project site are limited to approximately 8 SF of impact to Land Containing Shellfish within Land Under the Ocean due to the installation of ten (10) 12” timber piles. Several alternatives and float configurations were considered throughout the design process. The preferred alternative meets project goals of bringing the facility into regulatory compliance while adhering to the minimum 1.5’ float clearance requirement and addressing deficiencies in various elements of the facility to improve the safety and functionality of the site. Foth Appendix A Project Plans titled Hayward Road – McCarthy Landing Facility Regulatory Compliance & Improvements, Dated February 2024, 5 sheets DWG Filename: mccarthy landing_prelim design.dwg Layout: coverDWG Folder Location:Wednesday, February 14, 2024 3:45:21 PMSHEET NUMBER HAYWARD ROAD - MCCARTHY LANDING FACILITY REGULATORY COMPLIANCE & IMPROVEMENTS BARNSTABLE, MASSACHUSETTS FEBRUARY 2024 COVER SHEET SHEET TITLE Prepared by: Foth Infrastructure & Environment, LLC FOR PERMITTING PURPOSES ONLY Prepared for: Town of Barnstable, Massachusetts 1 DRAWING INDEX SHEET NUMBER TITLE 1 COVER SHEET 2 EXISTING SITE PLAN 3 PROPOSED SITE PLAN 4 CROSS SECTIONS 5 GANGWAY ATTACHMENT DETAILS SITE SITE VICINITY MAP LOCATION MAP CENT E R VI L L E RI V E R CENTERVILLE CENTERVILLE HARBOR CENTERVILLE S. MAIN STCENTERVILLE HARBOR HAYWARD RD HYANNIS OSTERVILLE NANTUCKET SOUND N EBBFLOODH A YW A R D R D . ( P A V E D R O A DW A Y ) CENTERVILLE RIVER CENTERVILLE RIVER C H A N N E L ± - 6 ' M L L W CENTERVILLE RIVER C H A N N E L ± - 6 ' M L L W B4A4DWG Filename: mccarthy landing_prelim design.dwg Layout: ex. conditionsDWG Folder Location:Wednesday, February 14, 2024 3:45:22 PMPROJECT NO: CHECKED DESIGNED DRAWN SURVEYED BY DATE DATE OF PREPARATIONNO.BYDATEDESCRIPTIONREVISIONSSHEET NUMBER SHEET TITLE: ISSUANCE: FOR PERMITTING PURPOSES ONLYREGULATORY COMPLIANCE & IMPROVEMENTSHAYWARD ROAD - MCCARTHY LANDING FACILITYCENTERVILLE, MATOWN OF BARNSTABLE123450022B032.00 20 SCALE: 0 50 100 1" = 20' GENERAL NOTES: 1.TOPOGRAPHIC AND BATHYMETRIC SURVEY INFORMATION SHOWN WAS COLLECTED BY FOTH INFRASTRUCTURE & ENVIRONMENT, LLC ON 10/13/2022. 2.PROPERTY LINES AND OWNER INFORMATION SHOWN ARE APPROXIMATE AND REPRESENTS THE MOST RECENT AVAILABLE INFORMATION FROM MASSGIS AND TOWN OF BARNSTABLE ASSESSOR'S DATABASE AT THE TIME THIS PLAN WAS PREPARED. 3.ELEVATIONS SHOWN ARE IN US SURVEY FEET AND REFER TO THE MEAN LOW WATER DATUM. 4.FLOOD ZONE INFORMATION SHOWN REFLECTS FEMA FIRM 25001c0563J EFFECTIVE DATE JULY 16, 2014. 5.PROJECT AREA SHOWN LIES ENTIRELY WITHIN LAND SUBJECT TO COASTAL STORM FLOWAGE. 6.SHELLFISH SUITABILITY AREA LIMITS ARE BASED UPON THE MOST RECENT AVAILABLE MASSDEP/MASSGIS INFORMATION. 7.CONTRACTOR TO MAINTAIN AND PROTECT ALL EXISTING SITE FEATURES FROM DAMAGE DUE TO CONSTRUCTION ACTIVITIES. CONTRACTOR SHALL REPAIR ANY DAMAGE CAUSED BY CONSTRUCTION ACTIVITIES AT THEIR OWN EXPENSE. 8.INFORMATION DEPICTED ON THIS MAP REPRESENTS THE RESULTS OF SURVEYS PERFORMED ON THE DATES SHOWN, AND CAN ONLY BE CONSIDERED AS INDICATING THE CONDITIONS AT THAT TIME. INTERPOLATED INFORMATION FROM BETWEEN SURVEY POINTS IS NOT GUARANTEED. DIFFERING CONDITIONS MAY EXIST BETWEEN THE POINTS. 9.POSSESSION AND USE OF THE MATERIAL CONTAINED ON THESE DRAWINGS IS GRANTED ONLY IN CONNECTION WITH ITS USE AS IT RELATES TO THE TITLED PROJECT, ANY OTHER USE, REPRODUCTION OR DISCLOSURE OF THE INFORMATION CONTAINED HEREON IS EXPRESSLY PROHIBITED WITHOUT THE WRITTEN CONSENT OF FOTH INFRASTRUCTURE & ENVIRONMENT, LLC. OFFSETS TAKEN FROM VDATUM ONLINE ON 10/18/2022 FOR 41.637359N, -70.351037W -0.25 -2.16 1.91 -1.910.00 DATUM OFFSETS MLLW MLW NAVD 880.00 2.444.35 AHTL 1.513.42 MHHW 1.183.09 MHW 2 EXISTING CONDITIONS SITE PLAN MEC CEM MEC 10/2022 3/2023 10/2022 N EBBFLOOD N EBBFLOODPROP. PIER STRUCTURAL REPAIRS TBD REMOVE AND DISCARD EX. FLOATS & LADDER PROP. 30' X 3.5' GANGWAY PROP. 3.5' X 3.5' TRANSITION PLATE PROP. NEW 55' X 5' FLOATING DOCKS REMOVE AND DISCARD EX. FLOAT PROP. 8' X 5' LANDING DOCK PROP. 5' X 5' LANDING PROP. NEW 10' X 16' FLOAT PROP. PIER LIGHTING TBD PROP. TIMBER PILE (TYP.) H A YW A R D R D . ( P A V E D R O A DW A Y ) CENTERVILLE RIVER CENTERVILLE RIVER C H A N N E L ± - 6 ' M L L W CENTERVILLE RIVER C H A N N E L ± - 6 ' M L L W ROTATE AND REUSE EX. 10' X 16' TIMBER HARBORMASTER FLOAT. REPLACE DAMAGED/MISSING DECK BOARDS, TIMBER STRINGERS, PILE GUIDE HOOPS, AND CLEATS AS NECESSARY. PROP. NEW 22' X 5' FLOATING DOCKS PROP. TIMBER PILE (TYP.) 4. 5 ' 1 2 . 1 ' PROP. NEW 30' X 3.5' GANGWAY PROP. 3.5' X 3.5' TRANSITION PLATE RELOCATE EX. 12' X 2.67' GANGWAY AND TIGHTEN RAILINGS (SEE DETAIL B/SHEET 5) PROP NEW 38' X 8' FLOATING DOCK REPLACE DAMAGED CROSS BRACING (5), STRINGERS (33), AND SPLIT CAPS (5). REALIGN AND SECURE EXISTING DECK BOARDS AND CLEATS AS NECESSARY. INSTALL TIMBER SHIMS TO REPLACE STEEL MENDING PLATES FOR NON-BEARING STRINGERS. REMOVE EX. LADDER COVER EX. LEAD PILING CAPS WITH PVC FLAT PILING CAP (TYP. OF 34) RELOCATE AS NOTED REMOVE AND DISCARD PROP. GANGWAY ATTACHMENT (SEE DETAIL A/SHEET 5) PROP. SOLAR DECK LIGHTING (DOCKMATE MODEL #DE962630 OR EQUAL) (TYP. OF 28) PROP. STAGING AREA APPROX. 900 SF PROPERTY LINE EXTENDED 1 2 3 4 PROP. RECONFIGURATION ZONE (SEE COORDINATE TABLE)25.0' OFFSET FROM APPROX. PROPERTYLINE EXTENSIONB4A4Reconfiguration Zone Coordinates Point # 1 2 3 4 Northing 2695069.3215 2695050.1829 2694966.1177 2694990.9516 Easting 970335.5183 970354.6395 970294.9089 970266.3767 DWG Filename: mccarthy landing_prelim design.dwg Layout: prop site planDWG Folder Location:Wednesday, February 14, 2024 3:45:24 PMPROJECT NO: CHECKED DESIGNED DRAWN SURVEYED BY DATE DATE OF PREPARATIONNO.BYDATEDESCRIPTIONREVISIONSSHEET NUMBER SHEET TITLE: ISSUANCE: FOR PERMITTING PURPOSES ONLYREGULATORY COMPLIANCE & IMPROVEMENTSHAYWARD ROAD - MCCARTHY LANDING FACILITYCENTERVILLE, MATOWN OF BARNSTABLE123450022B032.00 20 SCALE: 0 50 100 1" = 20' 3 PROPOSED SITE PLAN GENERAL NOTE: 1.GANGWAY DESIGN IS BASED ON GUIDANCE PROVIDED IN "ACCESSIBLE BOATING FACILITIES" PUBLISHED BY UNITED STATES ACCESS BOARD. 2.SEE GANGWAY ATTACHMENT DETAILS A AND B ON SHEET 5. MEC CEM 10/2022 2/2024 JMP 2/2024 JMP 2/2024 N EBBFLOOD -10 0 10 20 -10 0 10 20 0+00 1+00 1+35 PROP. 22' X 5' STRING OF FLOATS PROP. TIMBER PILE Ø=12" (CUT OFF EL. =±17', TYP.) PROP. 3.5' X 3.5' TRANSITION PLATE (PROJECTED) PROP. 30' X 3.5' GANGWAY (PROJECTED) 16.4 PILE TIP EL. TBD MIN. PROP. CLEARANCE=1.5' PROP. 38' X 8' FLOAT PROP. TIMBER PILE Ø=12" (CUT OFF EL. =±9', TYP. OF 2)PROP. GANGWAY ATTACHMENT (SEE DETAIL A/SHEET 5) -10 0 10 20 -10 0 10 20 -1+25 -1+00 0+00 PROP. REUSE OF EX. 12' X 3.0' GANGWAY (3' OVERLAP ON FLOAT AT MHW) PROP. TIMBER PILE Ø=12" (CUT OFF EL. =±17', TYP.) 1 2.3 PROP. REUSE OF EX. 16' X 10' FLOAT (ROTATED 90°) PILE TIP EL. TBD PROP. GANGWAY ATTACHMENT (SEE DETAIL B/SHEET 5)DWG Filename: mccarthy landing_prelim design.dwg Layout: sectionsDWG Folder Location:Wednesday, February 14, 2024 3:45:25 PMPROJECT NO: CHECKED DESIGNED DRAWN SURVEYED BY DATE DATE OF PREPARATIONNO.BYDATEDESCRIPTIONREVISIONSSHEET NUMBER SHEET TITLE: ISSUANCE: FOR PERMITTING PURPOSES ONLYREGULATORY COMPLIANCE & IMPROVEMENTSHAYWARD ROAD - MCCARTHY LANDING FACILITYCENTERVILLE, MATOWN OF BARNSTABLE123450022B032.00 4 CROSS SECTIONS MEC CEM 10/2022 3/2023 SCALE: 0 8 20 1" = 8' PROFILE VIEW SCALE SCALE: A 2 SECTION A 1" = 8' SCALE: B 2 SECTION B 1" = 8' 40 KM 9/2023 JG 9/2023 EXIST (5) 3x8 STRINGERS EXIST 4X10 SPLIT CAP EXIST 2X8 TIMBER DECK BOARDS EXIST 10"-13" TIMBER PILES EXIST 3X8 TIMBER CROSS BRACING 3.0± EXIST (2) 1"Ø THRU BOLTS EA PILE EXIST (2) 1"Ø THRU BOLTS EA PILE EXIST METAL MENDING PLATES ATTACHED TO TIMBER BLOCKING (TYP) EL = 6.0'± MLW = 0.00' MHW = 3.09' MUDLINE ELEV VARIES PROP. STAINLESS STEEL GANGWAY TRANSITION PLATE REINSTALL EXISTING GANGWAY IN KIND 6.67'± 5.5'± (2) 1"Ø GALV HIGH STRENGTH THRU BOLTS W/NUTS & WASHERS EA PILE PROP. 8X8 GANGWAY SUPPORT BEAM PROP. 4X8 MLLW = -0.25' AHTL = 4.35' 5.5± EXIST (5) 3x8 STRINGERS EXIST 4X10 SPLIT CAP PROP. 2X8 TIMBER DECK BOARDS EXIST 10"-13" TIMBER PILES 3.0± EXIST (2) 1"Ø THRU BOLTS EA PILE EXIST METAL MENDING PLATES ATTACHED TO TIMBER BLOCKING (TYP) EL = 6.0'± MLW = 0.00' MHW = 3.09' MUDLINE ELEV VARIES PROP. STAINLESS STEEL GANGWAY TRANSITION PLATE PROP. TIMBER PILE SEE NOTE 1 (2) 1"Ø GALV HIGH STRENGTH THRU BOLTS W/NUTS & WASHERS EA PILE PROP. 12X12 GANGWAY SUPPORT BEAM PROP. 4X12 PROP. 30'X3.5' GANGWAY MLLW = -0.25' AHTL = 4.35' EXIST 3X8 TIMBER CROSS BRACING PROP. 4X12 TIMBER CROSS BRACING PROP. 4X12 BRACE FASTEN W/ 1"Ø GALV BOLTS W/OGEE WASHERS 2.0 PILE TIP EL. TBD DWG Filename: mccarthy landing_prelim design.dwg Layout: detailsDWG Folder Location:Wednesday, February 14, 2024 3:45:26 PMPROJECT NO: CHECKED DESIGNED DRAWN SURVEYED BY DATE DATE OF PREPARATIONNO.BYDATEDESCRIPTIONREVISIONSSHEET NUMBER SHEET TITLE: ISSUANCE: FOR PERMITTING PURPOSES ONLYREGULATORY COMPLIANCE & IMPROVEMENTSHAYWARD ROAD - MCCARTHY LANDING FACILITYCENTERVILLE, MATOWN OF BARNSTABLE123450022B032.00 5 GANGWAY CONNECTION DETAILS MEC CEM 10/2022 3/2023 KM 9/2023 JG 9/2023 SCALE: A 5 GANGWAY ATTACHMENT DETAIL A 1" = 2'SCALE: B 5 GANGWAY ATTACHMENT DETAIL B 1" = 2' 1 INCH = FEET (IN FEET) GRAPHIC SCALE 0 2 421 GENERAL NOTE: 1.MAXIMUM SPAN OF TIMBER DECKING SHALL BE 2'-0" Foth Appendix B Town of Barnstable Conservation Commission NOI Submission Requirements Checklist Chap 707/rev. March 2022 Page 1 CHAPTER 707 Regulation Governing Minimum Submission Requirements for a Notice of Intent Application The Barnstable Conservation Commission has adopted the following requirements in order to obtain more consistently complete submission documents necessary for a thorough and efficient review of all Notice of Intent (NOI) applications. Failure to complete any of the items in this checklist may result in your application being denied. Applicant or applicant’s agent should check each box denoting that the task has been completed or in certain instances, like field staking, denoting that the task will be completed. The following submission checklist covers the requirements of Chapter 237, Wetlands Protection, of the Part I General Ordinances of the Code of the Town of Barnstable. This checklist shall be submitted to the Barnstable Conservation Division with the NOI application. 1. Requirements a. The applicant understands, unless they’ve instructed otherwise, they are applying both under the Massachusetts Wetlands Protection Act M.G.L. c.131,§40 and Chapter 237 of the Town of Barnstable General Ordinances. b. Attach a written narrative to the NOI application (WPA Form 3), available at: www.mass.gov/eea/agencies/massdep/service/approvals/wpa-form-3.html describing any project impacts and proposed mitigation as they relate to the following: 1) Any of the interests of Chapter 237 of the General Ordinances and the MassDEP Wetlands Protection Act M.G.L. 131, §40. 2) The performance standards contained in the MassDEP Wetlands Protection Regulations (310 CMR 10.00) 3) Chapter 704: Regulation Governing Activity in the 100-ft. Buffer Zone. 4) Chapter 703: Private Docks and Piers. 5) Any other applicable regulations (310 CMR 10.00 or as promulgated under Chapter 237 of the General Ordinances). c. Enclose proper payment to cover the fee for Chapter 237 filings. Consult current Fee Schedule at www.townofbarnstable.us/Conservation d. Please indicate who is to record the Order of Conditions (check one): Applicant Agent 2. Abutter Notification (See Abutter Notification Regulation, Chapter 706) Town of Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 Office: 508-862-4093 E-mail: conservation@town.barnstable.ma.us X X X X X X (Not applicable - municipal exempt) X X Chap 707/rev. March 2022 Page 2 a. Contact the Conservation Division office at (508) 862-4093 regarding the docketing process, or see current schedule of Conservation Hearings and submission deadlines at: www.townofbarnstable.us/Conservation/ b. Provide a copy of the list of abutters within a 100 ft radius of the project parcel. c. Provide a copy of the Assessor’s Map indicating the parcel of the project site and showing the 100 ft radius of the project parcel. d. Provide a copy of the abutter notification letter. Use the form letter provided in our Abutter Notification Regulation (Chapter 706), available on the Conservation Division website. e. Bring the green return receipts, from the certified mailings to the abutters, as proof of notification to the public hearing. If any mailings are returned, bring the entire envelope, indicating by postal service stamp the reason for return. You will retain the receipts afterwards, not the Conservation Division. f. I further certify under the penalties of perjury that all abutters were notified of the Notice of Intent Application, pursuant to the requirements of Chapter 237 of the General Ordinances of the Code of the Town of Barnstable. Notice must be made in writing by certified mail to all abutters within 100 ft of the property line of the project location. _______________________________________ Signature of Applicant or Representative Date 3. Field Staking: a. On or before Tuesday, @ 8:30 a.m., one week prior to the scheduled public hearing, have your project staked by a professional engineer or registered land surveyor showing all outside corners of all proposed structures and the continuous proposed “limit of work” line. b. Have a wetland scientist or other qualified professional flag all wetland resource areas on or within 100 ft of the work area. Make sure that the flags are sequentially numbered. c. Provide a project identification stake with bright painted top and applicant name and address, easily visible from the street approaching the site. 4. Legal Advertisement Fees: a. Conservation will submit the legal ad for publication in a local newspaper. The applicant or his/her agent is responsible for payment, by check (payable to the Town of Barnstable), at the hearing or by mail. The cost of the legal ad will be pre-calculated and posted on the hearing agenda prior to the hearing. 5. Minimum Documentation for a Complete Application: a. Provide a completely filled-out (in all parts) NOI application as locally adopted for the Town of Barnstable, including MassDEP Vegetated Wetland Field Data Form. Indicate Assessor’s map and parcel of the project, as well as the street or road address, and pertinent village (i.e., Hyannis, Centerville, Barnstable, etc). b. Provide two (2) original project plans, stamped in blue or red ink (wet stamp). Plans must be signed and dated by a Massachusetts licensed, professional engineer, land surveyor, architect or landscape architect (as applicable), and shall be drawn at a readable scale (1" = 20' preferred). For multi-acre sites, a second site plan, drawn at larger scale showing the entire site, should also be provided. X X X X X X X X X 02/14/2024 Chap 707/rev. March 2022 Page 3 c. Provide a signed Permission to Access Property, Form PA. The form must be signed by the property Owner, or legal representative and submitted prior to NOI being docketed and application advertised. Form PA is available at www.townofbarnstable.us/Conservation/. Do not send the abutter letter out until the form is submitted to the Conservation Division office. d. For projects requiring mitigation plantings under Chapter 704 -3, 704-4, and 704-5, mitigation planting location(s) shall clearly be shown on landscaping planting plan. The planting plan shall include species list (chosen from the Town of Barnstable Conservation Commission approved planting lists), sizes, densities and/or quantities. The plan shall also provide area calculations between 0 to 50 and 50 to 100 separately for the amount of mitigation planting required, and the amount of mitigation planting proposed. e. Provide detailed, written street directions to the locus (site). f. Provide a copy of a U.S.G.S. locus map indicating the general area of the project site. g. Provide a check for the Town of Barnstable portion of the required filing fee. (The portion payable to the Commonwealth, see 7. e. below) h. Provide any other documentation, photographs, architectural renderings or other supporting data prepared by professionals competent in the field which may be relevant to the application. 6. The site plan shall also show: a. All existing and proposed contours at 2-ft. minimum intervals (1-ft. preferred). b. Clear delineation of all existing and proposed structures and features. Building structures must be accurately dimensioned (fixed location) from property lines and wetland resource areas. Plans shall provide sufficient detail to show all potential wetland impacts, mitigation, compensatory areas, engineered structures, utilities, landscaping, etc. within the area of jurisdiction. On complicated sites, existing and proposed conditions must be shown on separate sheets. c. Locus inset map of the site clearly showing its location relative to surrounding public streets. d. All wetland resource area flags by individual flag number (matched to the field) to clearly identify all resource areas on or within 100 feet of the work area. The individual who performed the flagging and date of flagging shall be identified on the plan next to the resource line. e. Section views showing changes in grade, cuts and fills. 7. SUBMISSION OF THE COMPLETED APPLICATION WITH PLANS: a. Provide a signed Permission to Access Property, Form PA. The form must be signed by the property Owner, or legal representative and submitted prior to NOI being docketed and application advertised. Form PA is available at www.townofbarnstable.us/Conservation/. Do not send the abutter letter out until the form is submitted to the Conservation Division office. b. Email NOI application and all associated materials in PDF format to Kimberly.Cavanaugh@town.barnstable.ma.us AND Darcy.Karle@town.barnstable.ma.us . Do not include copies of checks. All attachments must be named with the hearing date (year first), type, name, address. Examples 20220301 NOI Smith 21 Main Street or 2022031 NOI Plan Smith 21 Main Street. c. Provide two (2) full NOI applications with folded plans (colored ink stamp) with signature/date to the Town of Barnstable Conservation Division Office for administrative use; X X X (Not applicable - municipal exempt) X X X X X X X X 27 Foth Appendix C FEMA FIRMette National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 2/1/2024 at 1:53 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 70°21'23"W 41°38'29"N 70°20'46"W 41°38'2"N Basemap Imagery Source: USGS National Map 2023 Foth Appendix D 100’ Abutters List Conservation Notice of Intent (NOI) Abutter List for Subject Parcel 186056 Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 186053 PARISH, THOMAS R & STEPHANIE LAGADINOS 8 WOODBURY DRIVE WESTFORD 01886MA 186055 MINKEL, HERBERT P & HELEN S 42 CODDINGTON RD CENTERVILLE 02632MA 186056 BARNSTABLE, TOWN OF (LDG)367 MAIN STREET HYANNIS 02601MA 186081 THORP, OLAF J & MARGARET L 256 BEACON ST., APT #6 BOSTON 02116-1214MA 11/6/2023 2:07 PMReport Generated On:Page 1 of 1 4Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. Foth Appendix E Assessor’s Map with 100’ Radius 960.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcel 186056 This map is for illustration purposes only. It is not adequate for legal boundary determination or regulatory interpretation. This map does not represent an on-the-ground survey. It may be generalized, may not reflect current conditions, and may contain cartographic errors or omissions. Legend Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed. Parcel lines shown on this map are only graphic representations of Assessor’s tax parcels. They are not true property boundaries and do not represent accurate relationships to physical objects on the map such as building locations. 40 Town of Barnstable GIS Unit 80 11/6/2023 gis@town.barnstable.ma.us Printed on: 0 ft.80 Subject Parcel Abutters 100 ft. Buffer ft. 1 inch = approx. Parcels Town Boundary Railroad Tracks Buildings Approx. Building Buildings Painted Lines Parking Lots Paved Unpaved Driveways Paved Unpaved Roads Paved Road Unpaved Road Bridge Paved Median Streams Marsh Water Bodies Foth Appendix F Copy of Abutter Notification Letter NOTICE OF INTENT ABUTTER NOTIFICATION LETTER DATE: RE: Upcoming Barnstable Conservation Commission Public Hearing To Whom It May Concern, As an abutter within 100 feet of a proposed project, please be advised that a NOTICE OF INTENT application has been filed with the Barnstable Conservation Commission. APPLICANT: PROJECT ADDRESS OR LOCATION: ASSESSOR’S MAP & PARCEL: MAP PARCEL PROJECT DESCRIPTION: ________________________________________________________ APPLICANT’S AGENT: PUBLIC HEARING: WILL BE HELD REMOTELY VIA ZOOM See agenda posting on Town Clerks website available at least 48 hours in advance of the meeting for details. DATE: / / TIME: P.M. NOTE: Plans and applications describing the proposed activity are on file with the Conservation Commission at https://itlaserfiche.town.barnstable.ma.us/WebLink/Browse.aspx?id=825530&dbid=0&repo=TownOfBarns table, by email to Kimberly.Cavanaugh@town.barnstable.ma.us or by calling (508-862-4093) 03/12/2024 Town of Barnstable Foth Infrastructure & Environment, LLC 114 Touro Street, Newport RI 02840 Attn: Fiona Vardy (508) 762-0784 Fiona.Vardy@foth.com February 27, 2024 03:00 40 Hayward Road Barnstable, MA 02632 186 56 The Town of Barnstable is proposing to bring the entire Hayward Road – McCarthy Landing waterfront facility into regulatory compliance by relocating floats, establishing a reconfiguration zone, improving accessibility to the public facility, and performing maintenance to the facility’s existing timber pier, aluminum gangways, floats, and pilings. The proposed project is intended to improve the accessibility, public safety, and functionality of the existing municipal public pier facility. Foth Appendix G Permission to Access Property, Form PA Foth Appendix H USGS Quadrangle Map PROJECT SITE Foth Appendix I NHESP, ACEC, and Shellfish Suitability Areas Map NHESP, ACEC, and Shellfish Suitability Areas Map Areas of Critical Environmental Concern ACECs Shellfish Suitability Areas NHESP Priority Habitats of Rare Species NHESP Estimated Habitats of Rare Wildlife Property Tax Parcels Foth Appendix J Previous Authorizations I I I mi,r C!Jnmmnumtaltt, nf Slassarlµtsttts No. 3851. ■Ji,nu, the Town of Barnstable, by its Board of Selectmen,-,--- of Barnstabl-------, in the County of Barnstable------,and Commonwealth aforesaid, has applied to the Department of Public Works for license to build and maintain a timber pier in Centerville River, at its property in the town of Barn1table, and has submitted plan~ of the same; and whereas due notice of said application, and of the time and place fixed for a hearing thereon, has been given, as required by law, to the Selectmen---- -------------of the town----of Barnstable---------- Nnm said Department, having heard all parties desiring to be heard, and having fully consid- ered said application, hereby, subject to the approval of the Governor and Council, authorizes and licenses the said----------·----,-- Town of Barnstable,----------, subject to the provisions of the ninety-first chapter of the General Laws, and of all laws which are or may be in force applicable thereto, to build and maintain a timber pier in Centerville River, at its property in the town of Barnstable, in conformity with the accompanying plan No. 3851. A pile and timber pier may be built extending into tidewater a distance of 128 feet from the mean high water line, with a width of 6 feet at the pile bents, in the location shown on said plan and in accordance with the details of construction there indicated. j Nothing in this license shall be so construed as authorizing en- croachment on land or fiats not owned by the licensee except with the consent of the owner or owners thereof. This license is granted subject to the laws of the United States, and upon the express condition that use by boats or otherwise of the structure hereby licensed shall involve no discharge of seirage or other polluting matter into the adjacent tidewaters except in confo=itywith the r.equirements of the State Department of Public Heal th and in accord- ance 11":i.th all laws or regulations which may be applicable. This license is granted upon the further express conditi_on that the licensee shall modify and alter said pier or remove it entirely from tidewater at any time upon notice and hearing by the Department of Public Works without claim for compensation therefor.,-------------- The plan of said work, numbered ---- office of said Department, and duplicate of said plan to be referred to as a part hereof. 3 8 S 1,.-----is on file in the accompanies this License, and is 'fire amount of tide-watez displaced by the work heteby authmlzed sha1I be asc€1tained _b;j::said- Department, and compensation therefor shall be made ·byThe-;~id . ~---" ----. heh s, seeeessera I I I I I I Form WD 54. l>I (b) 1-40-3240. cents for ea 1sp aced, being the amount hereby assessed Nothing in this License shall be so construed as to impair the legal rights of any person. This License shall be void unless the same and the accompanying plan are recorded within one year from the date hereof, in the Registry J;lis~1iet et the County of Barnstable. of Deeds for the ------- Jn 1111litntltl5 1111lbttrof, said Department of Public Works have hereunto set their hands this fourteenth----------------day of-------.May,--------in the year nineteen hundred and fii'ty-six • Approval reeonmended, R G Bessette Director Division of Waterways. ..... JI. Gordon .. GraY .............................................. . Acting Commissioner of Public Work. Fred B. Dole .... Lewis .. J ... Fritz ............................................. . Department of Public Works THE COMMONWEALTH OF MASSACHUSETTS wealth by the said of the further sum of ~e,:,Mirecrl:by the Governor and Council as a just and equitable charge for rights and Boston, .... MaY..J.7.~ .. JJ.$.§.~ ............. . Approved by the Governor and Council. Clarence R. Elam Executive Secretary. A true copy. Attest: ........... ~ .... ~, ... ~~ ............................... .. Secretary. I I I 3 8 5 }.. I I I I I I Form WI! 54 1500 sets (2) 10-61-931508 m4r Q!.nmmntttttrnltlr nf itaasadµtsrtt.a No. 5502, lllil~rrrrui, the Town of Barnstable------------------------------- -of----------------, in the County of Barnstable--------and Commonwealth aforesaid, haS applied to the Department of Public Works for license to construct a paved launching ramp in the Centerville River, at its property in the town of Barnstable,------------------------------------- and ha s submitted plans of the same; and whereas due notice of said application, and of the time and place fixed for a hearing thereon, has been given, as required by law, to the Selectmen------------of the town--------of Barnstable----------,- ' NllUl said Department, having heard all parties desiring to be heard, and having fully considered said application, hereby, MH>:feel;--t& -tile--tl.flfli'&"IM-M-the-Ge, e1 nur-..mt-&mreii;- authorizes and licenses the said ----------------------------------------- Town of Ba:cnstable-----------------, subject to the provisions of the ninety. first chapter of the General Laws, and of all laws which are or may be in force applicable thereto, to construct and maintain a paved boat launching ramp ex- tending into the Centerville River, at its property in the town of Barnstable, in conformity with the accompanying plan No. 5502 (two sheets). A concrete boat launching ramp with a bituP.linous surface may be constructed extending into tidewater a distance of 60 feet from the mean high water line and may have a 1~idth of 16 feet, in the location shown on said plan at the end of Haywood Road and in accordance with the details there indicated. Nothing in this license shall be construed as authorizing encroachment on property not owned or controlled by the licen- see except with the consent of the owner or owners thereof. This license is granted subject to all applicable Federal, State, County and Municipal laws, ordinances and regulations, and upon the express condition that use by boats or otherwise of the structures hereby licensed shall involve no discharge of sewage or other polluting matter into the adjacent tidewaters except in strict conformity with the requirements of the.local and State health departments.--~-----------------------------~ The plan of said work, numbered---------5 5 0 2, --------is on file in the office of said Department, and duplicate of said plan accompanies this License, and is to be referred to as a part hereof. by said Department, and compensation th I I I I I I cents for each cubic , emg the amount hereby assessed by Nothing in this License shall be so construed as to impair the legal rights of any person. This License shall be void unless the same and the accompanying plan are recorded within one year from the date hereof, in the Registry ------of Deeds for the-------- :Bistrtct-,,f-the-County of Barnstable. Ju 'llitlll'!lll B~ntof, said Department of Public Works have hereunto set their hands this ----------fifth---------day of -----------!larch,--------in the year nineteen hundred and sixty-nine. Charles A. Bisbee Jr. l Department of -----------------Public Works John P. King ----------=------- Peter E. Donadio E. C. Robert S. Foster 'FHE OOMP.iO~PNEAL'flH OF M!iSBAOIIUSE'PrfB monwealth by the said of the further sum of the amount determLi'1 os.l~v council as a just and equitable charge for ~~~~~~~-~ Boo~0H, Approuad b3• the Conernor aAQ CowHsiL A true COT)y. --License No. ____ _ DEPARTMENT OF PUBLIC WORKS TO To ______________ _ Dated - I I I I I ;;;·•1 -., . _.,, ~,..::1 .~·: ;.,,:·· ,, '•!" •,. •-~, . .. , .. ,' a ':1 Form WD 64 2M-1 l-67-946226 ul11r ai11mm11umraltl1 nf 1llusarqltlirtt11 No. · 145 D14ere11.11, The Town of Barnstable---------------------------------------- ~------------------, in the County of Barnstable ----------and Commonwealth aforesaid, has applied to the Department of -Publio-,Wepl!9-.fep-ltcef18e-~ construct new float, ramp and install two new anchor piles adjacent to existing pier, in the Centerville River, Village of Centerville, in the town of Barnstable-------- and has submitted plans of the same; and whereas due notice of said application, and of the time and place fixed for a hearing thereon, has been· given, as required by law, to the Board of Selectmen --------of the Town --------of Barnstable -----------; Nom said Department, having heard all parties desiring to be heard, and having fully considered said application, hereby, subject to the approval of the Governor, authorizes and licenses the said Town of Barnstable --------------------------------------- ------------------------------------------, subject to the provisions of the ninety. first chapter of the General Laws, and of all laws which are or ma;r be in force applicable thereto, to install and· maintain a landing float, anchor piles and connecting ramp, at Hayward Town Landing, Centerville River, in conformity with the accompanying plan no. 145. An 8 by 11 foot pile held float, reached by a 3 by 12 foot ramp, may be placed and maintain in said river extending in a northeasterly direction for a distance of approximately 17 feet from the easterly side of existing pier, authorized under Departmentof Public Works License No. 3851, said pier and ramp shall be placed: in the location shown· and in accordance with the details on License plan no. 145. ·. , .. it 11,,' License' No. 145. Town of Barnstable-- Nothing in this license shall be construed as authorizing encroachment on or over property not owned or controlled by the licensee, except with the consent of the owner or owners thereof. Acceptance of this license shall constitute an agreement by the licensee, to conform to all terms and conditions herein stated. This license is granted subject to all applicable Federal, State, County and Municipal laws, ordinances and regulations, This license is granted upon the axpress condition that use by boats or otherwise of the structures hereby licensed shall involve no discharge of sewage or other polluting matter into the adjacent tidewaters, except in strict conformity with the requirements of the local and State health departments and the Division of Water Pollution Control. Thfa license is granted upon the further express .condition that any other authorizations necessitated due to the provisions hereof shall be secured prior to the commencement of any work under this license. This license is granted upon the further express condition that the authorization contained herein may be modified or may be revoked in whole or in .part in· the event of the licensee, its successors and assigns, failing to comply with said authorization or any provisions of the license.or failing to maintain all authorized structures and installations in good condition, to the satisfaction of the Department of Environmental Quality Engineering or its successors. This condition pcrmHti.n::; modification or revocation of the license shall also apply in the evcr.t nf the failure of the licensee, its successors and assigns, to secure ,,p.proval-und.er. ·,nl: other ·.applicable laws, ordinances or regulations or failure.to adhere to the conditions of such approvals upon receipt of such failure provided by an agency having jurisdiction, Revocation or modification of this license as provided herein shall be without liability to the Commonwealth or claim for ·compensation by the licensee, its successors and assigns. This 1:f:9.e.-wa~is l>ranted upon the further express condition that the licensee, its successors and assigns, shall upon request in writing by the Departrne;tt of Environmental Quality Engineering or its successors, change the location of said lower it to such depth, or raise it to such height, as said Department; may prescribe or remove it entirely from said waters, and said licensee,· by accepting this•license shall be deemed to consent and agree to the condition herein set forth, and in case of any refusal or neglect on the part of the licensee, its successors and ass'igns, to comply with this condition, then this license shall-be wholly void and the Commonwealth, by its proper officers, may proceed to ·reinove or· to cause the removal of said at the expense of said: J:'.icensee ;"!ts'· li':U'c'c'essors· and assigns, as an unauthorized • --" . " I J, • //1 , I · and unlawful s~z.:uctu~e ·.111<~,~ff wllt,~~~· .. , , . , . . _ ... -:---·/:~ :.t;~·~lf:..:, .. : •.1.:1~--i::·_ r ~, .... ,r:1.,, , -/ .': , l , ~ 1 , l t' ' • ,1, .. , ' . I I' ! ,' j " I I I I tpg'' It) -_,,, ---- .• • ' .• ,· ~>-~~~-:: ~~---~-~~ :.~~r,:-_:~~~2.-~•; -• 01·~:~1•~~~~.;·•~:~·.i,+••• -'ifsi ii 1 Ii e· ·Mr:@??"''.i) ':i&-<i:rfJti(z·t32 ze z -::...:.4~.t.--· ,;--:;j · ' .... ,., ..... ~ -. --_-,-:~~:..~:--~~..r--::._; "-. ·• ·--~•' -.. --,--::·=._··-. The plan of said work, numbered ---------1 4 5 is on file in the accompanies this License, office of said Department, and duplicate · of said plan and is to be referred to as a part hereof. The amount of tide-water displaced by the work hereby authorized shall be ascertained by said Department, and compensation therefor shall be made _by the ·said heirs, successors . . . "' . . '_:::_<~::~ii~?:~~:/ .. I I I ,md assigns, by paying into the treasury of the Commonwealth cents for each cubic yard so displaced, being the amount hereby assessed by said Department. · Nothing in this License shall be so construed as to impair the legal rights of any person. This License shall be void unless the same and the accompanying plan are recorded within one year from the date hereof, in the Registry ~Wl'W~.of-tbe County of Barns tab le. of Deeds for the ------- Environmental Quality Engineering ]n Ulttnell.ll Jill1erenf. said Department of -Pttb!+c--W~rks llave hereunto set their hands . this twenty-fourth -------------day of May -------------------------.in the year nineteen hundred and seventy-a ix. Department of -Pd!ie.W.w1'8 Environmental Quality Engineering THE COMMONWEALTH OF MASSACHUSETTS This license i,,s,..approved)rrcorislderation of the payment into the treas1UUD(...ef-,;n e Com-. .,, •;-,._ ~· . . ,_.,, ....... ',..... ~-. monwealth by. ~he S!!,id;:,-::-': :, '. .... · .. . . , .. ·. . of the further sum· of the equitable charge for rights and Approved. by the Governor. Governor . . . .·. ··'.' "· 'i.,ONMENTAL U;\ilt\' t.NGINEE~ING . ·hlo~\Vealih sf Massachusetts ;4':EE!,:.,~ .4!'t. __ ,·: •. P A~ ,¥¾ii-: ... .:~:_:~ ,HD._ ._I:½! µ~Y' ··-·-·:-....~.-·:.,·-i'.· '. ~ ' ' ~~ ,, '\ t ~ r~ ! ~ ~ L, ~ "' ~ ~'{\ -1 \I \\ I Foth Appendix K Proof of DMF Notification 1 Vardy, Fiona C From:Vardy, Fiona C Sent:Monday, February 26, 2024 10:16 AM To:DMF EnvReview-South (FWE) Subject:Notice of Intent Application - Hayward Road – McCarthy Landing Facility Regulatory Compliance & Improvements Project Good morning, On behalf of the Town of Barnstable, Foth Infrastructure and Environment, LLC (Foth) is submi!ng a No#ce of Intent (NOI) applica#on for the Hayward Road – McCarthy Landing Facility Regulatory Compliance & Improvements project, in accordance with the Massachuse,s Wetlands Protec#on Act (M.G.L. c. 131 Sec#on 40) and Chapter 237 of the Town of Barnstable General Ordinances. The NOI is available with this ShareFile link: h,ps://foth.sharefile.com/public/share/web- sd6b342301eeb45f5be50f10b40c0f181 which will expire in 30 days. The Barnstable Conserva#on Commission public hearing will take place via Zoom on March 12th, 2024 at 3:00pm. The agenda pos#ng and details for the hearing will be available on the Town Clerk’s website at least 48 hours in advance of the mee#ng. Please let me know if you have any ques#ons, or should require any addi#onal informa#on. Thank you, Fiona Fiona Vardy Lead Environmental Regulatory Specialist Foth Infrastructure & Environment, LLC 114 Touro Street Newport, RI 02840 Office: (508) 748-0937 Direct: (508) 762-0784 Mobile: (401) 910-7720 foth.com 1 Vardy, Fiona C From:Microsoft Outlook To:DMF EnvReview-South (FWE) Sent:Monday, February 26, 2024 10:16 AM Subject:Relayed: Notice of Intent Application - Hayward Road – McCarthy Landing Facility Regulatory Compliance & Improvements Project Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: DMF EnvReview-South (FWE) (dmf.envreview-south@mass.gov) Subject: Notice of Intent Application - Hayward Road – McCarthy Landing Facility Regulatory Compliance & Improvements Project