HomeMy WebLinkAboutEmergency Auth Seagull Road Culvert Replacement 4.28.2022
Charles D. Baker
Governor
Karyn E. Polito
Lieutenant Governor
Kathleen A. Theoharides
Secretary
Martin Suuberg
Commissioner
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April 28, 2022
Town of Yarmouth
c/o Todd T. Turcotte, P.E.
Coastal Engineering Co., Inc.
260 Cranberry Highway
Orleans, MA 02653
RE: Authorization of Emergency Action - Pursuant to: Waterways Regulations 310 CMR 9.20
Town of Yarmouth, Seagull Road, Yarmouth
Dear Mr. Turcotte:
This authorization of emergency action is in response to your request of April 26, 2022 on behalf of
the Town of Yarmouth, wherein you requested approval pursuant to the Emergency Action provisions
of 310 CMR 9.20 to replace two culverts along Seagull Road in Yarmouth. The existing culverts are
currently failing and causing erosion to the roadway and adjacent resource areas. The proposed
replacement project is already in the planning and permitting stages; however, recent storm activity
has exacerbated the deterioration of the culverts and prompted the need for emergency action. The
roadway is becoming unstable and unsafe to the public as it serves as the sole access to Seagull Beach.
Your submission included letters from the Yarmouth Fire Chief and Conservation Agent detailing the
deteriorating condition of the culverts and the necessity for emergency repairs to protect public safety
and the environment.
The request also includes plans entitled “Plan Showing Proposed Culvert Repairs”, revised 5/19/2021,
signed and stamped by Roger Paul Michniewicz, P.E. The Yarmouth Conservation Commission has
issued a Restoration Order of Conditions, dated 6/8/2021, under the Massachusetts Wetlands
Protection Act approving the replacement of both culverts.
The Department has reviewed your proposal and finds that the present situation warrants the issuance
of an Emergency Authorization. Therefore, in order to avoid or eliminate this threat to public safety,
Emergency Authorization is hereby granted to the Town of Yarmouth for the in-kind replacement of
two culverts along Seagull Road in Yarmouth. Said work shall be in conformance with the location
and details as shown on the plans referenced herein.
Pursuant to the provisions of 310 CMR 9.20, the Town of Yarmouth is required to submit a Chapter
91 Permit Application in accordance with 310 CMR 9.11 within 30 days of the date of emergency
approval. It should be noted that the Waterways Program reserves the right to modify or amend the
project and its plans during the regulatory review and authorization process following the emergency
action as a means of ensuring compliance with the provisions and procedures established in M.G.L.
Chapter 91 and its regulations 310 CMR 9.00.
This authorization does not relieve the Applicant of its obligation to obtain all other applicable Local,
State and/or Federal authorizations prior to the commencement of the activity authorized herein.
Furthermore, pursuant to 310 CMR 9.20(3), all work authorized herein shall be completed within 30
calendar days of the date of this authorization, unless a written extension is approved by the
Department.
Should you have any questions concerning this matter, please contact me at (508) 946-2707 or
brendan.mullaney@mass.gov .
Sincerely,
Brendan C. Mullaney
Environmental Analyst
Wetlands and Waterways Program
ecc: Yarmouth Conservation Commission
Yarmouth Harbormaster
Daniel Padien, Program Chief, Waterways Program, DEP-Boston
USACOE, Regulatory Branch
Office of Coastal Zone Management