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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(a)ca necodengineerin¢.com March 2, 2026 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 RE: 327 South Shore Drive, S. Yarmouth; SE 83-2231 - Certificate of Compliance — Beach Nourishment and Beach Maintenance — Riviera Beach Limited Patnership 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. A Conservation Commission enforcement action at the adjacent Blue Water Resort triggered a more focused effort toward awareness and compliance with respect 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 for 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 Engine 'ng, Inc. Ro ert M erry Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance SE 83-2231 Lill Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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 key to move PO Box 1517 your cursor - Mailing Address do not use the East Dennis MA 02641 return key. City/Town State Zip Code 508-385-1445 reb Phone Number — 2. This request is in reference to work regulated by a final Order of Conditions issued to: Riviera Beach Limited Partnership Applicant- 6/09/2020 SE 83-2231 Dated DEP File Number Upon completion of the work 3. The project site is located at: authorized in 327 South Shore Drive South Yarmouth an Order of Street Address City/Town Conditions, the 26 118 property owner must request a Assessors Map/Plat Number Parcel/Lot Number Certificate of 4. The final Order of Conditions was recorded at the Registry of Deeds for: Compliance g y from the issuing Riviera Limited Partnership authority stating Property Owner (if different) that the work or Barnstable portion of the work has been County Book Page satisfactorily Doc # 1,397,688 Cert # 138809 completed. Certificate (if registered land) 5. This request is for certification that (check one): ® 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. 5129/14 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 83-2231 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP Lill, 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.clov/eea/a-gencies/massdep/about/contacts/find-the-massdep-regional-office- for-your-city-or-town. html). wpaform8a.doc -- rev. 5/29/14 Page 2 of 2