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HomeMy WebLinkAboutCOC request 3.2.2026CAPE COD ENGINEERING, INC. Robert M. Perry, P.E. P.O. Box 1517 East Dennis, MA 02641 508-385-1445 bobperry(&capecodeneinee rin2.com March 2, 2026 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 RE: 291 & 301 South Shore Drive, S. Yarmouth; SE 83-2233 - Certificate of Compliance — Beach Nourishment and Beach Maintenance — Blue Water Limited Partnership To the Conservation Commission, Attached please find Form 8A and a check in the amount of $75. The applicant is requesting a Certificate of Compliance. A new Notice of Intent is currently in the application process for purposes of re -applying for the activities related to this COC. During the term of the OOC the ownership changed. Beach raking activity occurred during the term of the OOC. No sediment replenishment activity was done during the term. During the summer of 2025 I observed roped — off piping plover refuge areas in place on the beach area. Record keeping for the NHESP protocols is sparse and we have no firsthand information about earlier bird management at the site. Town of Yarmouth Conservation Commission enforcement action on an unrelated matter (seasonal deck) triggered a more focused approach to the NHESP requirements. The activities regulated by the OOC are not related to structures or geologic alterations and no known or measurable detrimental impacts occurred because of either lapses in monitoring or lapses in the record — keeping. However, the process of monitoring and record keeping is the only way to prove compliance. Given the circumstances and benefit of the doubt about adverse impacts and the commitment of improved compliance going forward through the force of a subsequent OOC the Commission can find it appropriate to issue a Certificate of Compliance. Sincerely, Cape Cod Engi eying, Inc. Robert . Perry Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 A. Project Information Important: When filling out 1. This request is being made by: forms on the Cape Cod Engineering, Inc. computer, use Name only the tab P key to move O Box 1517 your cursor - Mailing Address do not use the East Dennis MA return key. City/Town State 508-385-1445 r� Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: Blue Water Limited Partnership Applicant 6/09/2020 Upon completion of the work 3 authorized in an Order of Conditions, the property owner must request a Certificate of Compliance 4' from the issuing authority stating that the work or portion of the work has been satisfactorily completed. Dated The project site is located at: 291 & 301 South Shore Drive Street Address 26 Assessors Map/Plat Number SE 83-2233 _ DEP File Number South Yarmouth City/Town 126 & 120 Parcel/Lot Number The final Order of Conditions was recorded at the Registry of Deeds for: Blue Water Limited Partnership & Edge of the Sea Trust Property Owner (if different) Barnstable County Book Doc #1, 398,195 Cents # 138810 & 138823 Certificate (if registered land) 5. This request is for certification that (check one): DEP File Number: SE 83-2233 Provided by DEP 02641 Zip Code r-aye ® the work regulated by the above -referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above -referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above -referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaform8a.doc -- rev. 5/29/14 Page 1 of 2 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance SE 83-2233 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP Town of Yarmouth Wetland By-law, Chapter 143 A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ® Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. • B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office- for-your-city-or-town. html ). wpaform8a.doc -- rev. 5/29/14 Page 2 of 2