§ 196A-11.2 Docks in a Freshwater Resource Area
C. Supporting Documentation
In order to assess the applicability of any of the criteria noted above, the proponent must provide all required applications and supporting documentation, including clear delineation of property boundaries, to the Commission. Documentation should be provided to address the site conditions described below.
1. Existing Conditions: The slope and vegetative survey of terrain from Observed Mean Annual Low Water to the upland edge of Bordering Vegetated Wetland (BVW) (as defined in 310 CMR 10.55) should be evaluated. The extent of existing erosion or degradation of vegetation or substrate (underlying soils) resulting from foot traffic must be evaluated. Reasonable efforts to regenerate damaged resource areas should be fully explored and documented.
2. Characterization of the Water Body: The size (acreage) of the water body should be documented. Observed Mean Annual High Water and Observed Mean Annual Low Water should be documented based on measurements, taken between April 15th and May 15th and between August 15th and September 15th, respectively, and provided to the permit granting body along with groundwater and precipitation data for the year of measurement and the preceding nine years, so that the Commission may determine how characteristic these measurements are of annual levels. Topography and depth of water should be shown in one-foot contours from the upland edge of the BVW to five feet beyond the terminal point of the proposed structure.
3. Wildlife Habitat: The presence or absence of wildlife habitat must be determined. A comprehensive inventory of fish and wildlife, including fisheries, shellfisheries, reptiles, amphibians and other wildlife located within fifty feet laterally from any edge of the proposed structure, conducted by a qualified professional, should be provided.
4. Vegetation in Wetlands: A comprehensive inventory of emergent and submergent vegetation and BVW fifty feet laterally from any edge of the proposed structure, conducted by a qualified professional, should be conducted during the growing season and provided.
5. Rare and Endangered Species: Given the delicate and migratory nature of some rare species, the presence or absence of rare or endangered species must be determined through a site survey by a qualified professional. Copies of notice to the Massachusetts NHESP and all responses to the notice from NHESP are required.
6. Monitoring: Photographs of the surrounding area should be taken before and after initial installation, and on an on-going basis to be determined by the Conservation Commission and specified in the Order of Conditions.
7. Use: Impacts on the resource from the use of the proposed structure should be determined. The type, frequency, volume and intensity of use must justify the need for the structure. Secondary impacts (II.4 through II.9) should be evaluated to determine impacts from use. “Shared-use” proposals (i.e., a single structure jointly owned and used by two or more waterfront property owners) are generally to be encouraged as a way of providing access to the water body while reducing the overall number of structures that might otherwise be permitted.
