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Grant, Kelly
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Subject:MassDEP NOI File Number
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COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
SOUTHEAST REGIONAL OFFICE
20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700
Date: 03/02/2021 Municipality YARMOUTH
RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER
The Department of Environmental Protection has received a Notice of Intent filed in accordance with the
Wetlands Protection Act (M.G.L. c. 131, §40):
HISTORICAL
SOCIETY OF
Applicant
OLD
YARMOUTH
P.O. BOX
Owner
11,YARMOUT
Address
P.O. BOX 11, YARMOUTH PORT
H PORT MA
Address
MA 02675
02675
229 & 231
ROUTE 6A * ,
Locus
YARMOUTH
MA 02675
This project has been assigned the following file # : SE 083-2273
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT
APPROVAL OF APPLICATION
Although a file # is being issued, please note the following:
310 CMR 10.54(4)(a)6 and 310 CMR 10.56(4)(a)5. are relevant performance standards for stream
crossings.
The Massachusetts stream crossings handbook provides information on stream crossings including
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replacement of culverts. https://www.mass.gov/doc/massachusetts-stream-crossing-handbook/download
314 CMR 9.03(1)(c) states that stream crossing provisions of 310 CMR 10.53(8). Stream crossings that are
not in compliance with 310 CMR 10.53(8) need to obtain an individual 401 Water Quality Certification.
310 CMR 10.54(8): Any person proposing the resplacement of an existing stream crossing shall
demonstrate to the Issuing Authority that the impacts of the crossing have been avoided where possible, and
when not possible have been minimized and that mitigation measures have been provided to contribute to
thee protection of the interests identified in M.G.L.c. 131, S 40. An applicant will be presumed to have
made this showing if the project is designed as follows:
310 CMR 10.54(8)(a) if the project includes replacement of an existing non-tidal crossing, the applicant
demonstrates to the satisfaction of the Issuing Authority that the crossing complies with the Massachusetts
Stream Crossing Standards to the maximum extent practicable.
At a minimum, in evaluating the potential to comply with the standards to the maximum extent practicable
the applicant shall consider site constraints in meeting the standard, undesirable effects of risk in meeting
the standard and the environmental benefit of meeting the standard compared to cost by evaluating the
following:
- The potential for downstream flooding:
- Upstream and downstream habitat (in-stream habitat, wetlands);
- Potential for erosion and head-cutting;
- Stream stability;
- Habitat fragmentation caused by the crossing;
- The amount of stream mileage made accessible by the improvements;
- Storm flow conveyance;
- Engineering design constraints specific to the crossing;
- Hydrologic constraints specific to the crossing;
- Impacts to wetlands that would occur by improving the crossing;
- Potential to affect property and infrastructure; and
- Cost of replacement.
Provide supplemental documentation to the Conservation Commission in the manner in which they require
and to MassDEP via email to Andrew.Poyant@mass.gov.
ADDITIONAL REQUIREMENTS:
Chapter 91 license may be required. Application and transmittal form are available on the MassDEP
website http://www.mass.gov/eea/agencies/massdep/water/approvals/wetlands-and-waterways-
forms.html#2. If necessary, contact MassDEP Waterways Program at 617-292-5929 for direct mailing or
provide information why license is not required.
Based upon the information submitted in and with your Notice of Intent a separate 401 Water Quality
Certification application form is not required. Provided that:
(a) activities are conducted in compliance with MGL c.131, §40 (the Wetlands Protection Act) and the
Final Order of Conditions permitting the activities does not result in the loss of more than 5,000 square feet
cumulatively of bordering and isolated vegetated wetlands and Land Under Water and/or the dredging of
more than 100 cubic yards of Land Under Water;
(b) the Final Order of Conditions requires at least 1:1 replacement of Bordering Vegetated Wetlands
pursuant to 310 CMR 10.55(4)(b);
(c) the project is not listed in 314 CMR 9.04(1) through (11) including: discharge of dredged or fill
material to any Outstanding Resource Water; any part of a subdivision unless deed restricted, so long as the
discharge is not to an Outstanding Resource Water see 314 CMR 9.04(3); activities exempt from MGL
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c.131, §40 (except for normal maintenance and improvement of land in agricultural or aquacultural use);
discharge of dredged or fill material to an isolated vegetated wetland identified as rare and endangered
species habitat; loss of any salt marsh; activities subject to an individual 404 permit.
If impacts to resource areas or project size increases beyond that described in the Notice of Intent or there
are discrepancies therein, you must notify MassDEP and request a determination that the criteria of 314
CMR 9.03 have been met before the activity may begin.
Review under Section 404 may be required. (Call 1-800-362-4367 for information).
Regards,
for MassDEP,
(508)-649-2845
Andrew.Poyant@mass.gov
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