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HomeMy WebLinkAboutChapter 91 License coverletterIII . Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs L11 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 l 3 0 2023 Town of Yarmouth c/o GEI Consultants, Inc. Attn: Brad Saunders 124 Grove Street, Suite 300 Franklin, MA 02038 RE: ISSUANCE OF CHAPTER 91 WATERWAYS PERMIT Waterways Application No. W21-6048, Permit No. 15489 Town of Yarmouth, Parkers River, off Neptune Lane, Yarmouth Dear Sir or Madam: Following an in-depth review of the referenced file, the Department of Environmental Protection has approved the attached permit authorizing you to perform maintenance dredging pursuant to M.G.L. Chapter 91 and Regulations 310 CMR 9.00. This Permit is not final until all administrative appeal periods from this Permit 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 Permit has become final. NOTICE OF APPEAL RIGHTS Who has the right to appeal? The following persons shall have the right to an adjudicatory hearing concerning this decision by the Department to grant or deny a license or permit, in accordance with 310 CMR 9.17(1): (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, § 10A, 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 affidavit 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) for CZM participation or, in an Ocean Sanctuary, if it has filed a notice of participation within the public comment period. This Information is available in alternate format. Contact Melina Esenyle at 617-826-1282. TTY# MassReiay service 1.800.439.2370 MassDEP Website: vrxw.mass.gov/dep Printed on Recycled Paper RE: ISSUANCE OF CHAPTER 91 WATERWAYS PERMIT Page 2 Waterways Application No. W21-6048, Permit No. 15489 Town of Yarmouth, Parkers River, off Neptune Lane, Yarmouth How can I request an adjudicatory hearing? A person requesting an adjudicatory hearing must submit a "Notice of Claim" to the Department, 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: bLtp://www.mass.jzov/eea/docs/dep/service/adr/adiherfin.doc. The Notice of Claim must be made in writing and sent by certified mail or hand delivery to: MassDEP Office of Appeals and Dispute Resolution Case Administrator 100 Cambridge Street, Suite 900 Boston, MA 02114 A copy of the 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 of the city or town where the project is located, and (3) the issuing office 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 of one hundred dollars ($100) must be mailed to: Mass. Department of Environmental Protection Commonwealth Master Lockbox P.O. Box 4062 Boston, Massachusetts 02211 What information must be included in the hearing request? 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 of the applicant; (c) the address of the project; (d) the complete name, address, fax number, and telephone number of the party filing the request and, if represented by counsel, the name, address, fax number, and phone number of the attorney; (e) if claiming 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; (f) a clear statement that a formal adjudicatory hearing is being requested; (g) a clear statement of the facts which are the grounds for the proceedings, the specific objections to the MassDEP's written 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 of the request has been sent to: the applicant and the municipal official of the city or town where the project is located. RE: ISSUANCE OF CHAPTER 91 WATERWAYS PERMIT Page 3 Waterways Application No. W21-6048, Permit No. 15489 Town of Yarmouth, Parkers River, off Neptune Lane, Yarmouth Dismissal of request 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 of undue financial hardship together with the hearing request as provided above. Please note that the Department may revoke this permit for non-compliance with the terms and conditions set forth. Therefore, it is recommended that you contact the Department prior to performing any alterations or use modifications for review and, if necessary, approval pursuant to M.G.L. Chapter 91. Please feel free to contact David Hill of the Wetlands and Waterways Program, (508) 946-2730 or david.hill@mass.gov , if you have any questions pertaining to this Waterways Permit. Sincerely, /l/{ Brendan C. Mullaney Environmental Analyst Wetlands and Waterways Program cc: Daniel J. Padien, Waterways Program Chief, DEP Boston Office of Coastal Zone Management Town of Yarmouth, Attn: Karl von Hone Yarmouth Conservation Commission Yarmouth Harbormaster Enclosure(s) Waterways Permit No. 15489