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Home My WebLink AboutCh 91 lisenceCommonwealth of Massachusetts I Executive Office of Energy and Environmental Affairs Department of Environmental Protection Southeast Regional Office Address: 20 Riverside Drive, Lakeville, MA 02347 I Phone: 508-946-2700 Maura T. Healey Governor MAY 1 9 2026 Kim Driscoll Lieutenant Governor Friends of Knob Hill Shores, Nicholas Dimino, President c/o Shorefront Consulting Attn: Mark Burgess 290 Center Street Dennis Port, MA 0263 9 Rebecca Tepper Secretary RE: ISSUANCE OF CHAPTER 91 WATERWAYS DREDGE PERMIT Bonnie Heiple Commissioner Waterways License Application No. 26-WW0l-0047-APP, License No. WW0l-0000791 Dinahs Pond Channel, Yarmouth, Barnstable County Dear Sir or Madam , The Department of Environmental Protection hereby issues the above-referenced Waterways Permit, enclosed, authorizing you to perform certain activities pursuant to M.G.L. c. 91, the Public Waterfront Act and its regulations 310 CMR 9.00. Any change in use or alteration of any structure or fill not authorized by this license may render this license void. This Permit is not final until all administrative appeal periods from this License 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, § 1 0A, 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. Page 2 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: https://www .mass.gov/doc/adjudicatory-hearing-fee-transmittal-form/download . 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. Page 3 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 feel free to contact Vin Manfredi of the Waterways Program , (857) 283-5901 or vin.manfredi@mass.gov , if you have any questions pertaining to the Chapter 91 License. Sincerely , -~(. Brendan C. Mullaney Section Chief Waterways Program cc: w/enc. Daniel J. Padien , Waterways Program Chief, DEP Boston Office of Coastal Zone Management Yarmouth Harbormaster Yarmouth Conservation Commission Friends of Knob Hill Shores , Nicholas Dimino, President Commonwealth of Massachusetts I Executive Office of Energy and Environmental Affairs Department of Environmental Protection Southeast Regional Office Address: 20 Riverside Drive, Lakeville, MA 02347 I Phone: 508-946-2700 Maura T. Healey Governor Kim Driscoll Lieutenant Governor Rebecca Tepper Secretary Bonnie Heiple Commissioner PERMITNO. WW0l-0000791 Name and Address of Permittee: Friends of Knob Hill Shores , Nicholas Dimino , President c/o Shorefront Consulting , Mark Burgess 290 Center Street Dennis Port, MA 02639 ISSUED: EXPIRES: 05/19 /2026 05/19 /2036 Permission is hereby given by the Department of Environmental Protection to: conduct improvement dredging of the channel between Kellys Bay and Dinahs Pond off Bass River, in the town of Yarmouth, MA. 99 cubic yards or less dredge spoil may be removed from the channel at any one time under this permit. Maintenance dredging may be conducted for up to ten (10) years from the issuance of this permit if supported by an extension or reissuance of a valid Wetlands Protection Act Order of Conditions approved by the Town of Yarmouth. Dredged material shall be disposed of in accordance with Town of Yarmouth Wetlands Protection Act Order of Conditions # SE083-2527 Special Condition 12 ( c ). The Town of Yarmouth must be notified of disposal plans prior to dredging. Dredged material may be used for Cranberry Bog Agricultural Activity if approved by the Town of Yarmouth and sediment samples provided to MA DEP show under 10% fines in the dredge sample. All work authorized herein shall be in the location shown and to the dimensions and depths indicated in the plan titled: "Plan Accompanying Petition of Friends of Knob Hill Shores, Inc. to Dredge the Dinahs Pond Channel within Flowed Tidelands of the Bass River, Yarmouth, Barnstable County , Massachusetts", Shorefront Consulting LLC , dated April 15 , 2026 , 4 sheets). Page 2 ST AND ARD WATERWAYS PERMIT CONDITIONS 1. 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. 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 Permittee, 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. 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. 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 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. 7. The Permittee 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. 8. The Permittee shall, at least three days prior to the commencement of any dredging, give written notice to the Department of the time, location and amount of the proposed work. 9. 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 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. Page 3 SPECIAL WATERWAYS PERMIT CONDITIONS 1. Dredging shall be performed by mechanical methods. 2. Dredging shall be to a depth of 2.6 feet (including over dredge) below mean low water (ML W) NA VD88 datum. 3. Any silt-producing activities or dredging shall be prohibited from January 15 through June 31 of any year in order to protect sensitive winter flounder, and diadromous fish life stages. 4. Dredged material has been approved for beneficial reuse as an agricultural soil by the Town of Yarmouth Conservation Commission at an adjacent Cranberry Bog, subject to Special Condition 12. (C) of the Order of Conditions SE083-2527. Only through a pre-construction meeting with Town of Yarmouth Conservation Agents and / or Commission will the disposal of dredged material be approved for each dredge event. A sediment sample must be provided to DEP Waterways for any subsequent Maintenance Dredging Event covered under this permit. Details of the Dredge Spoil handling and disposal plan can be found in DEP application record 26-WW0l-0047-APP under the filename "Dinah's Pond Dredging, offload and disposal procedures", 3 pages. If the proponent chooses to place dredged material on a beach rather than dispose of material in an approved upland location, additional permitting is required for that beach nourishment with MA DEP Waterways and with the Conservation Commission of the receiving Municipality. No beach nourishment activity shall be permitted from May 1 to July 31 of any year to protect sensitive life stages of horseshoe crab. 5. Within 30 days of completion of the dredging authorized herein, the Licensee shall furnish to the Department a suitable plan showing the depths at ML W (NA VD88 Datum) over the area dredged. DEPARTMENT OF ENVIRONMENTAL PROTECTION -LEGEND I CERTIFY THAT THIS PLAN, AS PREPARED, CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEAL TH OF MASSACHUSETTS . .,, .,· ·~ •· I • I f 'r.> -------MEAN/ORDINARY HIGH WATER (MHW, EL.1.9' NAV088) • • • • • • • • • • • • • MEAN/ORDINARY LOW WATER (MLW, EL. -0.3' NAVD88) ---- - - - --EXISTING CONTOURS ----◄t,_· ----·-----····PROPERTY LINE -------PROJECT SITE LOCUS IS WITHIN FLOOD ZONE AE (EL. 9') PER FIRM MAP 25001 C0583J ' 'It' so -2 LOCUS MAP SCALE: 1" = Z.i'O0' KELLEYS BAY ~~-~ ~-~~ -/ • • a. SALT MARSH '-~ ------"-. . .. . . • .. --PROPOSED D ANNEL ' GE ARE . DEPT .9' 88 (-2.6' M . ai. • ._ ~ ._ S,4L r , --. .. ~ 4' . I .. J. THIS PARCEL IS PART OF THE ~~ / ._ • STA TE ROUTE 6 LAYOUT; OLU 9± YDS, ...... <, a. 0 60 ·-· SCALE IN FEET SCALE: 1 "= 60' ~: 120 PLAN PREPARED BY SHOREFRONT CONSUL TING, DENNIS, MA AND DOWN CAPE ENGINEERING, INC. YARMOUTH PLAN ACCOMPANYING PETITION OF FRIENDS OF KNOB HILL SHORES, INC. TO DREDGE THE DINAH'S POND CHANNEL WITHIN FLOWED TIDELANDS OF THE BASS RIVER, YARMOUTH, BARNSTABLE COUNTY, MASSACHUSE:TTS a. NO OWNER INFORMATION EXISTING CONDITIONS SHEET 1 OF 4 APRIL 15, 2026 DATUM FOR ALL ELEVATIONS= NAVD88 ·peRMITNo. U)U)Of~~~07't{-.. App,Md Dr. Dlpnnlllld .... ..,_, Protection Dl&I& .. ----·----MAY 1 9 202E ~ ~ ·.: 1' i I I CERTIFY THAT THIS PLAN, AS PREPARED, CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF , 1 DEEDS OF THE COMMONVVEAL TH OF MASSACHUSETTS. '! J DINAH'S POND EBB ~ 0 40 SCALE IN FEET SCALE: 1 "= 40' 80 I: NAME \ S,4L r .-\ . ~ 1./~~SH • -PLAN PREP~RED BY SHOREFRONT CONSUL TING, DENNIS, MA AND DOWN CAPE ENGINEERING, INC. YARMOUTH PLAN ACCOMPANYING PETITION OF FRIENDS OF KNOB HILL SHORES, INC. TO DREDGE THE DINAH'S POND CHANNEL WITHIN FLOWED TIDELANDS OF THE BASS RIVER, YARMOUTH, BARNSTABLE COUNTY, MASSACHUSETTS N/F NEIL RUDZINSKI TR N R NOMINEE TRUST 170 MAYFLOWER TERR SOUTH YARMOUTH, MA 02664 • ----PROPOSED CONDl~IC>NS SHEET 2 OF 4 APRIL 15, 2026 '1-l'S-U ill> ~ DATE \ \ DATUM FOR ALL ELEVATIONS= NAVD88 • ---------PERMIT No. vJ Wt>[-~Do·6o~~l\ ·; Approved by. Department of Envtronmentaf Protectloft --Date: NAY 19 2026:-I, I I 'I ! 10 0 ----I CERTIFY THAT THIS PLAN, AS PREPARED, CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEAL TH OF MASSACHUSETTS. -_LJ _:_, NAME 1EXISTING GRADE I ... r:~ ""' '"" . 1. ·---=-.: MLW=· :_b:3' -• ...... · . '-2.9' NAVO 88 (-2.6' ~-I DATE 10 0 ' --t-.4LW) -10 o+ OD.00 0+25.00 0+50.00 o+· '5 10 .00 0 10 I ()() 10 --SCALE IN FEET SCALE: 1 "= 1 O' MHW= 20 1.~ ---• ucw-= . . . ' ~ . -0.3 -88 (-2.§' MLWJ ~ -2.9' NAVO -EXISTING P·ROFILE A-A SHEET 3 OF 3 APRIL 1S2026 1EXISTING GRADE -,,,_ I .,. . ------.. 10 .. -. 0 --. ~-,-_,_ -10 o+ l I 00.00 0+25.00 0+50.00 0+7 -10 5.00 .0 10 20 EXISTING PROFl'l:E B-B SCALE IN FEET SCALE: 1"= 10' SHEET 3 OF 4 APRIL 15, 2026 PLAN PREPARED BY SHOREFRONT CONSUL TING, DENNIS, MA AND DOWN CAPE ENGINEERING, INC. YARMOUTH PLAN ACCOMPANYING PETITION OF FR'IENDS OF KNOB HILL. . SHORES, INC. TO DREDGE THE DINAH'S POND CHANNEL WITHIN FLOWED TIDELANDS OF THE BASS RIVER, YARMOUTH, 1 BARNSTABLE COUNTY, MASSACHUSETTS -::J:::> ~ t. 7 ..:.. '1-\'i-U DATUM FOR ALL ELEVATIONS= NAVD88 PERMIT No.WW Or.; OOC6~lq :\ : Approvec:1 bY.: De~ of Environmental Protectfaft Date: HAY 1 9 202'6 -.-= . - I CERTIFY THAT THIS PLAN, AS PREPARED, CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF 1 DEEDS OF THE COMMONWEAL TH OF MASSACHUSETTS. ~ ... ,;(-~ ,~ • , ·· / NAME t't-S 4o::\6CJ DATE -})Ce~ 2.~ -'l..75 p!!!li-..,_.~ ....... --------------"-------.!iiliiiii!!i-iiiiiiiiii--.~--lll!!!!l!iil!!--_..,_ _____ --11 i' I 10 0 -10 o+ 0 10 00 -10 o+ ~------OD.00 --1EXISTING GRADE --. I . 1.9 I I 1¥1r1n-. . . .-• 2=> • CHANNEL . ·1. 1 • -~ tvtLw=· :..a:3• I -~~2.9' -1~ 41 ...,, ...... _J J I 0+25.00 0+50.00 AREA UNDER CURVE = 8 SQ. FT. LENGTH OF DREDGE AREA 8 = 127 F~ VOLUME OF DREDGE AREA 8 = 38± CU. YDS. NAVO 88 (-2.6' -10 20 DREDGE DEPTH = -2.9' NAVD88 (-2.6' MLW) ---SCALE IN FEET SCALE: 111= 1 0' MHW= --1.!:::1---PROPOSED DREDGE BROFILE A-A SHEET 3 OF 3 APRIL 'lf2026 l.\~\s ·1' PIO 1EXl~TING GRADE -, I --I I 25' CHANNEL I I ·-·-I -• ufw~ ·-·o:;r ~ • -. --.--'f ----2.9' NAVO 88 --I l 00.00 SCALE IN FEET SCALE: 1 "= 1 0' -~ (-2.6' MLW) i I 0+25.00 20 ~ ~1 ---.., I I 0+50.00 AREA UNDER CURVE = 12.9 SQ. FT. LENGTH OF DREDGE AREA 8 = 127 F~ VOLUME OF DREDGE AREA B = 61± CU. YDS. DREDGE DEPTH = -2.9' NAVD88 (-2.6' MLW) PROPOSED DREDGE PROFILE B-B SHEET 4 OF 4 APRIL 15, 2026 10 i 0 ---MLW) o+ ·j·5 10 .00 10 0 ----0+7 ~ -10 5.00 PLAN PREPARED BY SHOREFRONT CONSUL TING, DENNIS, MA AND DOWN CAPE ENGINEERING, INC. YARMOUTH DATUM FOR ALL ELEVATIONS= NAVD88 I I -PLAN ACCOMPANYING PETITION OF FRIENDS OF KNOB HILL SHORES, INC. TO DREDGE THE DINAH'S POND CHANNEL VVITHIN FLOVVED TIDELANDS OF THE BASS RIVER, YARMOUTH, iARNSTABtE COUNTY, MASSACHUSETTS