HomeMy WebLinkAbout142 Route 28, Baxter Grist Mill Waterways License #14735MassDEP Commonwealth of Massachusetts
Executive Office of Enerqy & Envir-onmental Affairs
Department of Envinonmental Protection
Southeas! Begional Office . 2O Bivenside Drive, Lakeville MA 02947 . so8-946270o
Charles D. Baker
Governor
Karyn E. Polito
Lieutenant Governor
Matthew A. Beaton
Secretary
lUartin S!uberg
Commissioner
AUG X 1 2O1BTown of Yarmouth
c/o Tighe & Bond
Attn: Amanda J. Houle
4 Barlows Landing Road Unit # 1 5
Pocasset, MA 02559
RI ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE
Waterways License Application No. W18-5230, License No. 14735
Town of Yarmouth-DPW, Baxter Grist Mill Dam, Mill Creek, Yarmouth
Dear Sir or Madam,
The Department of Envtonmental Protection hereby issues the above-referenced Waterways License,
enclosed, authorizing you to perform certain activities pursuant to M.G.L. c.91, the Public Waterfront
Act and its regulations 310 CMR 9.00. Anv chanse in use or al eration of anv structure or fill not
authorized bv this license render this license void.
This License is not final until all administrative appeal periods from this License have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed. The appeal
period is for twenty-one (21) days. No work shall be undertaken until the License has become final and
has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain oftitle of the affected property
license within sixtv (60) davs of the date of issuance will render this license void pursuant to 310
cMR 9.18.
A Waterways License Recordation Notice Form has been enclosed for your use in notifiing the
Department of the recording information for this License. Failure to notifr the Department of the
recordine of this license is a violation of310 CMR 9.00 and is subiect to enforcement action bv the
Department.
This information is available in alternate fo.mat. Contact Michello Waters-Ekanem, Dkector of Diversity/Civil Rights at 6'17-292-575'l
TTY# MassRelay Servlce 1-800-(19-2370
MassDEP Webdte: www mass gov/dep
Printed on Recycled Paper
RECORDING Otr' THE LICENSE
This License must be recorded at the Registry of Deeds or, if registered land, with the Land Registration
Office within sixty (60) days from the date of license issuance. In the case of recorded land, the License
shall also be noted in the Registry's Grantor Index under the name of the owner ofthe land upon which
the project is located. [n the case of the registered land, the License shall be noted on the Land Court
Certificate of Title of the owner of the land upon which the project is located. Failure to record this
ISSUA}ICE OF CHAPTER 91 WATERWAYS LICENSE
Waterways License Application No. W18-5230, License No. 14735
Town of Yarmouth-DPW, Baxter Grist Mill Dam, Mill Creek, Yarmouth
Pa;ge 2
REOIIEST CERTIFI TE OF COMPLIANCE
Pursuant to 310 CMR 9.19, once the proposed project is completed you must file a Request for a
Certificate of Compliance form, BRP WW05, within sixty (60) days of completion but in no event later
than five (5) years from the License's issuance date. The license for any project for which such a request
is not filed and certificate issued may be revoked pursuant to 310 CMR 9.26.
NOTICE OF APPEAL RIGHTS
The following persons shall have the right to an adjudicatory hearing conceming this decision by the
Department to grant or deny a license or permit, in accordance with 310 CMR 9.17(l): (a) an applicant
who has demonstrated property rights in the lands in question, or which is a public agency; (b) any person
aggrieved by the decision of the Department to grant a license or permit who has submitted written
comments within the public comment period; (c) ten (10) residents of the Commonwealth who, pursuant
to M.G.L. c. 30A, $ l0A, have submitted comments within the public comment period with at least 5 of
the 10 residents residing in the municipality(s) in which the license or permitted activity is located. The
appeal shall clearly and specifically state the facts and grounds for the appeal and the relief sought, and
each appealing resident shall file an affrdavit stating the intent to be part of the group and to be
represented by its authorized representative; (d) the municipal official in the affected municipality who
has submitted written comments within the public comment period; and (e) CZM, for any project
identified in 310 CMR 9.13(2) (a) fot CZM puricipation or, in an Ocean Sanctuary, if it has filed a notice
ofparticipation within the public comment period.
A person requesting an adjudicatory hearing must submit a'T.,lotice of Claim" to the Deparhnent, with a
copy of the MassDEP Transmittal Form and including the detail specified below, within twenty-one (21)
days of the date of issuance of this decision. The MassDEP Fee Transmittal Form is available at the
following website: http://www.mass. gov/eea./docs/dep/service/adr/adiherfm.doc. The Notice of
Claim must be made in writing and sent by certified mail or hand delivery to:
Case Administrator
MassDEP
One Winter Street, 2"d Floor
Boston, MA 02108
A copy ofthe complete Notice of Claim must be sent at the same time by certified mail or hand delivery
to: (1) the applicant, (2) the municipal official ofthe city or town where the project is located, and (3) the
issuing offrce of the MassDEP, which in this case is located at:
MassDEP Waterways Regulation Program
20 Riverside Drive
Lakeville, MA 02347
The MassDEP Fee Transmittal Form and a valid check payable to the Commonwealth of Massachusetts
in the amount ofone hundred dollars ($100) must be mailed to:
Who has the right to aooeal?
How can I request an adjudicatory hearilg?
ISSUANCE OF CHAPTER 91 WATERWAYS I,ICENSE
Waterways License Application No. W18-5230, License No. 14735
Town of Yarmouth-DPW, Baxter Grist Mill Dam, Mill Creek, Yarmouth
Page 3
Mass. Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 4062
Boston, Massachusetts 0221 I
What information must be included in the hearine reouest?
Pursuant to 310 CMR 9.17(3), any Notice of Claim requesting an adjudicatory hearing must include the
following information :(a) the MassDEP Waterways Application File Number;(b) the complete name, address, fax number and telephone number ofthe applicant;(c) the address ofthe project;(d) the complete name, address, fa,r number, and telephone number of the party filing the request
and, if represented by counsel, the name, address, fax number, and phone number ofthe attomey;(e) ifclaiming to be a person aggrieved, the specific facts that demonstrate that the party satisfies the
definition of"aggrieved person" found in 310 CMR 9.02;(0 a clear statement that a formal adjudicatory hearing is being requested;(g) a clear statement ofthe facts which are the grounds for the proceedings, the specific objections to
the MassDEP's *ritten decision, and the relief sought through the adjudicatory hearing, including
specifically the changes desired in the final written decision; and(h) a statement that a copy ofthe request has been sent to: the applicant and the municipal ofFrcial of
the city or town where the project is located.
The request for appeal will be dismissed if the filing fee is not paid, unless the appellant is exempt or is
granted a waiver. The filing fee is not required if the appellant is a city or town (or municipal agency),
county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The
Department may waive the adjudicatory hearing filing fee pursuant to 310 CMR 4.06(2) for a person who
shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file an
affidavit setting forth the facts believed to support the claim ofundue frnancial hardship together with the
hearing request as provided above.
Please feel free to contact David Hill of the Wetlands and Waterways Progam, (508) 946-2730 or
david.hill tate.ma , if you have any questions pertaining to tlre recording of your Waterways
License
David E. Hill
Environmental Engineer
Wetlands and Waterways Program
Ben Lynch, Waterways Section Chief, DEP Boston
Office of Coastal Zone Management
Yarmouth Harbormaster
Yarmouth Conservation Commission
Town of Yarmouth, Attsr: Jeftey S. Colby, P.E.
cc: enc.
Dismissal of request
Sincerelv-
1J,l,z.?/;l(
RE
David E. Hill
Departrnent of Environmental Protection
Wetlands & Waterways Program
20 Riverside Drive
Lakeville, MA 02347
Waterways Application No. W18-5230, License No. 14735, Transmittal #X277183
Mill Creek/Mill Pond, Yarmouth, Bamstable County
Dear Mr. Hill:
This is to notifu you that the above referenced Waterways license was recorded with the appropriate
Registry of Deeds / Land Court for this project location and to provide your office with the
fol Iowing recordation information.
Date of Recordation:
County Registry of Deeds:
Book number and page number(s)
Land Court:
Land Court Lot #Plan #
Certifi cate Document Number
We will notifo your office in writing of the date the authorized work or change in use is
completed.
Sincerely,
Chapter 91 Waterways Licensee
LICENSE VOID
IF NOT RECORDED
WITIIIN 60 DAYS
OF ISSUANCE
@be 6,ommo nh eeltb of filasgsrbugetts
No. 14735
Wfiereal, Town of Yarmouth Department of Public Works
of - Yarmouth - in the County of - Bamstable - and Commonwealth aforesaid, has applied to the
Department of Environmental Protection for license to -- reconstruct and maintain a fish ladder,
spillway, install a sheetpile cutoff wall and riprap embankment protection, and perform other
improvements to Barter Grist Mill Dam -
and has submitted plans of the same; and whereas due notice of said application, an*o€thetimqand
@,hasbeengiven,asrequiredby1aw,tothe-.Boardof
Selectmen - of the -- Town of Yarmouth. -
NOW, said Departrnent, having heard all parties desiring to be heard, and having firliy considered
said application, hereby, subject to the approval of the Govemoq authorizes and licenses the said
-- Town of Yarmouth Deparftnent of Public Works -, subject to the provisions of the ninety-fust
chapter of the General Laws, and of all laws which are or may be in force applicable thereto, to -
reconstruct and maintain a fish ladder, spillway, install a sheetpile cutoff wall and riprap
embankment protection, and perform other improvements to Baxter Grist Mill Darn -
in and over t}re waters of - Mill Pond and Mill Creek -' at '- 142 Route 28 - in the - Town of
Yarmouth - and in accordance with the locations shown and details indicated on the accompanying
DEP License Plan No. 14735 (5 sheets).
a,
License No. 14735 Page2
The structues hereby authorized shall be limited to the following use(s): to contol water levels and
flows, and enhance fish passage.
This license is issued for an unlimited term in accordance with 310 CMR 9.15(1Xc).
Special Waterways Conditions:
1. In accordance with any license condition, easement, or other public right of lateral
passage that exists in the area of the subject property lying between the high and 1ow
water marks, the Licensee shall allow the public in the exercise of such rights to pass
freely over all structures within such area. Nothing in this condition shall be construed
as preventing the Licensee from excluding the public from portions of said structure(s)
or property not intended for lateral passage.
2. Ln order to protect diadromous fish passage and spawning habitat, no silt producing
activities (demolition) shall be performid ftom March 15fr - June 30th and September I'r
- November lStb of any year. However, t}re time-of-year (TOY) restriction may be reduced
to September 1't - October 15th provided that the water diversion will occur via gravity
fed bypass pipe. Work may occur, in the dry, behind a cofferdam within the spring TOY if
the cofferdam is installed prior to March 15s. De-watering structures and the blpass pipe
shall be in place prior to the time-of-year (TOY) restrictions (spring migration 3115-6130)
and fall emigration (9/1-10/15) and be designed to enswe adequate water depth for safe hsh
passage throughout these migatory periods. If the desired work is completed, the de-
watering structure (cofferdam) may be uninstalled within the spring TOY to facilitate the
spring immigration. The blpass pipe should be 1-foot in diameter and set on the pond side
so the opening is approximately 757o submerged.
3. All work authorized herein shall be completed within five (5) years of the date oflicense
issuance. Said construction period may be extended by the Department for one or more
one year periods without public notice, provided that the Applicant submits to the
Departrnent, thirty (30) days prior to the expiration of said construction period, a written
request to extend the period and provides an adequate justification for said extension.
4. Within sixty (60) days of completion of the licensed project, the Licensee shall request,
in writing, that the Departrnent issue a Certificate of Compliance in accordance with 310
CMR 9.19. The request shail be accompanied by a certification by a registered
professional engineer licensed in the Commonwealth that the project was completed in
accordance with the License.
Please see page 3 for additional conditions to this license.
Duplicate of said plan, numb er 14735 is on file in the office of said Departrnent, and original of said
plan accompanies this License, and is to be referred to as a part hereof.
License No. 14735 Page 3
STANDAR-D WATERWAYS LICENSE CONDITIONS
l. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform with all terms and
conditions stated herein.
2. This License is granted upon the express condition that any and all other applicable authorizations necessitated due
to the provisions hereof shall be secured by the Licensee pq!91 to the commencement of any activity or use authorized
pusuant to this License.
3. Aay change in use or any substantial structural alteration of any structue or fill authorized herein shall requte the
issuance by the Deparblent ofa new Waterways License in accordance with the provisions and procedures established
in Chapter 91 of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized
substantial structual alteration ofany structure or fill authorized herein shall render this Waterways License void.
4. This Waterways License shall be revocable by the Departrnent for noncompliance with the terms and conditions set
forth herein. This license may be revoked after the Deparbnent has given wriften notice of&e alleged noncompliance
to the Licensee and those persons who have filed a written request for such notice with the Deparfilent and afforded
them a reasonable opportunity to conect said noncompliance. Failwe to corect said noncompliance after the issuance
of a written notice by the Departrnent shall render this Wat€rways License void and the Commonwealth may proceed
to remove or cause removal of any structure or flll authorized herein at the expense ofthe Licensee, its successors and
assigns as an unauthorized and unlawful structue and./or fill.
5. The structures and,/or fill authorized herein shall be maintained in good repair and in accordance with the terms and
conditions stated herein and the details indicated on the accompanying license plans.
6. Nothing in this Waterways License shall be consfued as authorizing encroachment ir; on or over property not
owned or controlled by the Licensee, except with the wdtten consent ofthe owner or owners lhereof.
7. This Waterways License is granted subject to all applicable Federal, State, County, and Municipal laws, ordinances
and regulations including but not limited to a valid final Order ofConditions issued pusuant to the Wetlands hotectior
Ac! G.L. Chapter l3l, s.40.
8. This Waterways License is ganted upon the express condition that the use of the structures and/or fill authorized
hereby shall be in strict conformance with all applicable requirements and authorizations ofthe MassDEP.
_ Private Tidelands. In accordance with the public easement that exists by law on private tidelands, the licensee shall
allow the public to use and to pass freely upon the area of the subject property lying between the high and low water
marks, for the purposes of fishing, fowling navigation, and the natural derivatives thereof.
-f, Commonwealth Tidelands. The Licensee shall not restrict the public's right to use and to pass freely, for any
Iawful purpose, upon lands lying seaward ofthe low water mark. Said lands are held in tust by the Comnonwealth for
the benefit ofthe public.
_ a Great Pond ofthe Commonwealth. The Licensee shall not restrict the public's right to use aud to pass freely upon
lands lying seaward ofthe high water mark for any lawful purpose.
X Navigable fuyer and Streams. The Licensee shall not restrict the public's right to use and to pass freely, for any
la*drl purpose, in the waterway.
No resfiction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this
license.
10. Unless otherwise expressly provided by this license, the licensee shall not limit the hours ofavailability ofany areas
of the subject property designated for public passage, nor place any gates, fences, or other structues on such areas in a
marmer that would impede or discourage the free flow ofpedestrian movement thereon.
9. This License authorizes structure(s) and./or fill on:
License No. 14735 Page 4
The amount of tide-water displaced by the work hereby authorized has been ascertained by said
Department, and compensation thereof has been made by the said -- Town of Yarmouth
Department of Public Works - by puy-g into the Treasury of the Commonwealth - zero dollars
and zero cents -- for each cubic yard so displaced, being the amount hereby assessed by said
Departrnent.
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 60 days
from the date hereol in the Registry of Deeds for the County of Bamstable.
IN WITNESS WHEREAS, said Depaftrent of Environmental Protection have hereunto set their
hands this lstdayof August in the year two thousand eighteen.
7h. Program Chief 9;!z.ztil
Departrnent of Environmental Protection
Commissioner
]'IIE COMMONWEALTH OF N,TASSACHUSETTS
This license is approved in consideration of the payment into the treasury of the Commonwealth by
the said - Town of Yarmouth Department of Public Works -
ofthe fi.rther sum of -- zero dollars and zero cents ($0.00)--
the amount determined by the Govemor as a just and equitable charge for rights and privileges
hereby granted in the land of the Commonwealth.
BOSTON,
Approved by the Govemor
Governor
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