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HomeMy WebLinkAboutChapter 91 lisence- can be extended with issuance of OOC( 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 DEVALL PATnlCK Govornor Name and Address of Permittee: Weypet Limited Paiinership Attn: Kathy Sobel , 11 Heather Drive Milton, MA 02186 MAEVE VALLELY BARTLETT Secretary DAVIDW. CASH Commifisionor PERMITNO. 13716 ISSUED: EXPIRES: July 9, 2014 July 9, 2024 Permission is hereby given by the Depaiiment of Environmental Protection to: maintenance dredge approximately 80 cubic yai·ds of sediment from the entrance channel of a tidal creek which flows into Lewis Bay, West Yarmouth. The dredged material shall be dewatered on-site and utilized for beach nourishment. All work authorized herein shall be in the location shown and to the dimensions and depths indicated in the permit plan titled: "Topographical Plan Showing Proposed Dredging and Beach Nourishment in Lewis Bay, at 138 Crowell Road, West Yarmouth, MA, Prepared for WeyPet Limited Partnership", Cape Cod Engineering, Inc., dated March 25, 2012 (2 sheets). STANDARD WATERWAYS PERMIT CONDITIONS I. Acceptance of this Waterways Permit shall constitute an agreement by the Permittee to conform to all terms 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. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TDD# 1-866-539-7622 or 1-617-574-6868 MassDEP Website: \Wm.mass.gov/dep Printed on Recycled Paper ( ( PER!VfITNO. 13716 Page2 3. This Waterways Penni! shall be revocable by the Department for noncompliance with the tenns and conditions set fotth herein. This Pennit may be revoked after the Depmtment has given written notice of the alleged noncompliance to the Permittee, or his/her agent, and those persons who have filed a written request, with the Department, for such notice and has afforded the Pennittee a reasonable oppottunity to cmTect 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 pmticular, 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 pmt, 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. All subsequent maintenance dredging and transportation and disposal of this dredge material, during the term of this Pennit, shall conform to all standards and conditions app\ied to the original dredging operation perfonned under this Penni!. 6. After completion of the work authorized, the Permittee shall furnish to the Department a suitable plan showing the depths at mean low water over the area dredged. Dredging under this Pennit 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 Petmittee shall, at his/her expense, remove the shoal areas. The Pennittee shall pay all costs of supervision, and if at any time the Department deems necessmy a survey or surveys of the area dredged, the Pennittee shall pay all costs associated with such work. Nothing in this Pennit 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. 7. The Permittee shall assume and pay all claims and demands arising in any manner from the work authorized herein, and shall save hmmless and indemnify the Commonwealth of Massachusetts, its officers, employees, and agents from all claims, audits, damages, costs and expenses incurred by reason thereof. 8. The Permittee shall, at least three days prior to the commencement of any dredging in tide water, give written notice to the Depmtment of the time, location and amount of the proposed work. 9. Whosoever violates any provisions of this Pennit shall be subject to a fine of $25,000 per day for each day such violation occurs or continues, or by imprisonment 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. ( PERt'vllT NO. 13716 Page3 SPECIAL WATERWAYS PERMIT CONDITIONS 1. Dredging shall be pe1fonned by mechanical methods. 2. Dredging shall be to the NGVD elevations as specified on Pennit Plan No. 13716. 3. Dredge material shall be dewatered on-site and then utilized as beach nourishment within the intertidal area of the prior channel aligmnent as shown on Pennit Plan No. 13716 4. Maintenance dredging may be performed for a period often (10) years subsequent to the date of issuance of this pennit. 5. After completion of the work authorized, the Pennittee shall furnish to the Department a suitable plan showing elevations at NGVD over the area dredged and nourished within 90 days of completion of dredging. DEPARTMENT OF ENVIRONMENTAL PROTECTION fa Program Chief, Wetlands and Waterways LEl\1S BAY {TIDAL) , '-'- ( A ' / J DREDGE QUANTITY -80 C.Y.' _,,,/' I /,,,,- PERMIT NO. 1371& z. / Approved by: Departmemol Environmental Protection Date: JUL O 9 2014 PLAN 0 30 i 1 inch = 30 SHOWING PROPOSED DREDGING AND BEACH NOURISHMENT IN LEWIS BAY '\ ·,, :_\. -. . ' --~•--· :';~-"' AT 138 CROWELL ROAD, WEST YARMOUTH, MA PREPARED FOR WEYPET LIMITED PARTNERSHIP HEATHER DRIVE, MILTON, MA 02186 -MARCH 25, 2012 SC!Al.E-AS NOTED PREP AREll BY CAPE COD ENGINEEJlING, INC ROBERT M. PERRY, P.E. P.O. BOX 1517 EAST DENNIS, MA 02641 508-385-1445 ( 3 0 95'± BEACH NOURISHMENT AREA PROFILE A -1 HORIZONTAL SCALE: 1" = 20' VERTICAL SCALE: 1" = 2' 0 10 20 30 40 A 1 LEYilS BAY (TIDAL) -'<o#-\ ~\ ~ "",;:i:, 10 , tt~TC\l I ' ei--1 I \--c ~ I ( DREDGE QUANTITY -80 C.Y. 0 .3 1 0 0 0 o . o o,..,. "iGS 10 RDIA\'l. p,o·N Of r"-" R G A PLAN SCALE -1 IN. ~ JO FT. PERMIT NO. / 37 / & Approved.by: Departm&ntol Environmental Protection Date: JUL O 9 2014 50 60 ( 0.5'± 70 80 90 18' DREDGING AREA 100 PARCEL 18 \\LENISKIS 110 120 PLAN & PROFILE ACCOMPANYING DREDGE PERL'1.IT APPLICATION IN LEWIS BAY PREPARED FOR WEYPET LIMITED PARTNERSHIP 11 ffi!ATHER DRIVE, MILTON, l'IIA 02186 JANUARY 25, 2014. SCALE -AS NOTED PREPARED DY CAPE COD ENGINEERING, INC. ROBERT M. PERRY, P.E. P.O. BOX1517 EAST DENNIS, MA 02641 SH· 2 / 2. 508-385-1445