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Home My WebLink AboutCh. 91 LicenseCommonwealth of Massachusetts Executive Office of Energy & Environmental Affairs Department of Environmental Protection Southeast Regional Office • 20 Riverside Drive, Lakeville MA 02347.508-946.2700 Maura T. Healey Rebecca L. Tepper Governor Secretary Kimberly Driscoll Bonnie Heiple Lieutenant Governor Commissioner Name and Address of Permittee: Town of Yarmouth Attn: Karl Von Hone 424 Route 28 Yarmouth, MA 02360 PERMIT NO. 15489 ISSUED: May 30, 2023 EXPIRES: May 30, 2033 Permission is hereby given by the Department of Environmental Protection to: maintenance dredge approximately 860 cubic yards of sediment from the Parkers River navigation channel adjacent to 37 Neptune Lane, Yarmouth. The dredged material shall be transferred to a temporary containment and dewatering area on the adjacent Town of Yarmouth parcel at 669 Route 28. The dredged material shall then be transported to an upland facility approved to accept dredge material for beneficial reuse or to an approved landfill for use as daily cover material. All work authorized herein shall be in the location shown and to the dimensions and depths indicated in the permit plan titled: "Parker River Emergency Dredging", GEI Consultants, dated August 10, 2021, (4 sheets). STANDARD WATERWAYS PERMIT CONDITIONS 1. Acceptance of this Waterways Permit shall constitute an agreement by the Pennittee to conform to all terns and conditions stated herein. 2. This Waterways Permit is issued upon the express condition that any and all other applicable authorizations necessitated due to the provisions hereof shall be secured by the Permittee prior- to the commencement of any activity authorized pursuant to this Permit. This information Is available in alternate format. Contact Melizza Esenyie at 617-626-1282. TTY# MassRelay Service 1.800-439.2370 MassDEP Websile: w mass.gov/dep Printed on Recycled Paper PERMIT NO. 15489 Page 2 3. This Waterways Permit shall be revocable by the Department for noncompliance with the terms and conditions set forth herein. This Permit may be revoked after the Department has given written notice of the alleged noncompliance to the Pennittee, or his/her agent, and those persons who have filed a written request, with the Department, for such notice and has afforded the Permittee a reasonable opportunity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the Department shall render this Waterways Permit void. 4. This Waterways Permit is issued subject to all applicable federal, state, county, and municipal laws, ordinances, by-laws, and regulations, including but not limited to, a valid Order of Conditions issued pursuant to the Wetlands Protection Act, M.G.L. Chapter 131, s.40. In particular, this issuance is subject to the provisions of Sections 52 to 56, inclusive of Chapter 91 of the General Law and its Regulations 310 CMR 9.40(5), which provides, in part, that the transportation and dumping of dredge material shall be done under the supervision of the Department, and, when required, the Permittee shall provide at his/her expense a dredge inspector approved by the Department. 5. This Waterways Permit is issued upon the express condition that dredging and transportation and disposal of dredge material shall be in strict conformance with the Water Quality Certification issued by the Department of Environmental Protection. 6. All subsequent maintenance dredging and transportation and disposal of this dredge material, during the term of this Permit, shall conform to all standards and conditions applied to the original dredging operation performed under this Permit. 7. After completion of the work authorized, the Permittee shall famish to the Department a suitable plan showing the depths at mean low water over the area dredged. Dredging under this Permit shall be conducted so as to cause no unnecessary obstruction of the free passage of vessels, and care shall be taken to cause no shoaling. If, however, any shoaling is caused, the Permittee shall, at his/her expense, remove the shoal areas. The Permittee shall pay all costs of supervision, and if at any time the Department deems necessary a survey or surveys of the area dredged, the Permittee shall pay all costs associated with such work. Nothing in this Permit shall be construed to impair the legal rights of any persons, or to authorize dredging on land not owned by the Permittee without consent of the owner(s) of such property. 8. The Pennittee shall assume and pay all claims and demands arising in any manner from the work authorized herein, and shall save harmless and indemnify the Commonwealth of Massachusetts, its officers, employees, and agents from all claims, audits, damages, costs and expenses incurred by reason thereof. 9. The Permittee shall, at least three days prior to the commencement of any dredging in tide water, give written notice to the Department of the time, location and amount of the proposed work. 10. Whosoever violates any provisions of this Permit shall be subject to a fine of $25,000 per day for each day such violation occurs or continues, or by imprisomnent for not more than one year, or both such fine and imprisonment; or shall be subject to civil penalty not to exceed $25,000 per day for each day such violation occurs or continues. PERMIT NO. 15489 Page 3 SPECIAL WATERWAYS PERMIT CONDITIONS 1. Dredging of approximately 860 cubic yards shall be performed by mechanical methods. 2. Dredging shall be to a maximum of 5.0 feet below the mean low water (MLW) datum with an allowable one (1) foot over -dredge. 3. No dredging shall occur from January 15t' to June 15a' of any year. 4. Dredged material shall be transferred to a temporary containment and dewatering area on the adjacent Town of Yarmouth parcel at 669 Route 28. The dredged material shall then be transported to an upland facility approved to accept dredge material for beneficial reuse or to an approved landfill for use as daily cover material. 5. Maintenance dredging may be performed for a period of ten (10) years subsequent to the date of issuance of this license. 6. Prior to any future maintenance dredging authorized under this Permit, the Permittee shall obtain a valid Order of Conditions issued pursuant to the Wetlands Protection Act, M.G.L. Chapter 131, s.40. Prior to the commencement of work, a copy of the Order shall be forwarded to the Wetlands and Waterways Program at the MassDEP Southeast Regional Office. 7. Prior to any future maintenance dredging of greater than one hundred (100) yards as authorized under this Permit, the Pennittee shall obtain a valid 401 Water Quality Certification issued by the Department of Environmental Protection. Prior to the commencement of work, a copy of the 401 Water Quality Certification shall be forwarded to the Wetlands and Waterways Program at the MassDEP Southeast Regional Office. 8. Within ninety (90) days of completion of dredging authorized under this Permit, the Permittee shall furnish to the Department a suitable plan showing the depths at mean low water within the dredge footprint. 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