(1)
Maintenance and Repair of
Fill and Structures. During the term for which the license is in
effect, the licensee shall maintain and repair all authorized fill and
structures in good working order for the uses authorized in the license, and in
accordance with the conditions specified therein. No application for license or
license amendment shall be required for such activity. Maintenance and repair
include, among other things, the following activities:
(a) replacement of old pilings, decking, or
rip-rap, all with material of the same dimensions and quality and in the same
locations and elevations as that authorized in the license;
(b) repaving of road surfaces, installation
of road curbs and lighting, replacement of railroad track, stabilization of
road or rail beds, reconstruction of culverts and catch basins, and other
maintenance or repair of existing public transportation facilities and
associated drainage systems, as necessary to preserve or restore the
serviceability of such facilities for the original use, provided that
maintenance and repair shall not include the substantial enlargement of such
facilities, such as roadway widening, adding shoulders, or upgrading
substandard intersections;
(c)
restoration to the original license specifications of licensed fill or
structures that have been damaged by catastrophic events, provided that no
change in use occurs and that:
1. such
restoration is completed within two years of the damage-causing
event;
2. in the case of
flood-related damage, the cost of such restoration does not exceed 50% of the
cost of total replacement according to the original license
specifications;
3. the licensee
provides the Department with written notice of the restoration at least ten
days prior to commencement of such work; in the case of flood-related damage,
said notice shall include written estimates of restoration and replacement
costs; and
4. the licensee provides
the Department with written notice that the repair work has been completed in
accordance with the license specifications, as certified by a Registered
Professional Engineer, within 60 days of such completion; and
(d) demolition and removal of
unused structures that are obsolete or otherwise no longer suitable for the
uses authorized in the license, provided that written approval by the
Department is obtained prior to the commencement of such work.
(2)
Maintenance
Dredging. Maintenance dredging may occur for five years from the
date of issuance of the license or permit or for such other term, not exceeding
ten years, specified therein, provided that the written notice required
pursuant to the Wetlands Protection Act (M.G.L. c. 131, § 40 and
310 CMR
10.00: Wetlands Protection) has been
filed with the Conservation Commission and a copy has been sent to the
Department.
(3)
Minor
Project Modifications. The licensee may undertake minor
modifications to a licensed project, or a project exempt from licensing
pursuant to
310
CMR 9.05(3)(b) through (h),
without filing an application for license or license amendment. Such
modifications are limited to:
(a) structural
alterations which are confined to the existing footprint of the fill or
structures being altered and which represent an insignificant deviation from
the original specifications of the license, in terms of size, configuration,
materials, or other relevant design or fabrication parameters;
(b) changes of use which maintain or enhance
public benefits provided by the project and which represent an insignificant
deviation from the original use statement of the license, in terms of function,
character, duration, patronage, or other relevant parameters; or
(c) replacement of subsurface utilities, or
installation of additional utility lines in an existing right of way within
previously authorized filled tidelands connecting to existing structures,
provided the work will not restrict or impair access to water-dependent uses.
No such modifications shall be undertaken until the licensee
has submitted written notice to the Department describing the proposed work in
sufficient detail, with reference to any relevant license plans, for the
Department to determine compliance with the above conditions. If the Department
does not object within 30 days, the licensee may proceed with the described
work without further approval by the Department.
(4) Nothing in
310
CMR 9.22(1) through (3)
provisions shall be construed to exempt the work in question from obtaining
other applicable approvals, including but not limited to an order of conditions
under M.G.L. c. 131, § 40 and
310 CMR
10.00: Wetlands Protection.
