Yarmouth Conservation Commission ratifies enforcement order over unpermitted dewatering at Bass River outfall

The Yarmouth Conservation Commission on April 17 ratified an enforcement order addressing unpermitted dewatering and sediment displacement tied to Town of Yarmouth DPW work near the Bass River outfall between 222 and 228 Pleasant Street.

The commission’s action requires restoring approximately 40 cubic yards of material that survey work in February found had been displaced south of the outfall. Kieran Healy, a land surveyor with the BSC Group, told the commission the material was mobilized during dewatering tied to a July 2024 contract and said the volume displaced from the outfall and nearby docking areas was estimated at 40 cubic yards each. Healy said GEI is assisting with dredging permits and CEI conducted the survey.

The enforcement order allows restoration to preexisting conditions by dredging within an existing permanent dredge footprint under a permit held by the owners at 228 Pleasant Street, refilling scour areas and submitting an as‑built plan when work is finished. The order also requires protecting the existing salt marsh during work and directing an ecological assessment over the summer to determine whether plug planting is required to restore any damaged marsh.

Commission staff said dredging work is being targeted for June, prior to peak summer activity. Commissioners asked about time‑of‑year restrictions; staff noted an open permit’s seasonal restriction ends May 31, so work should occur after that date but before summer. The motion to ratify the enforcement order carried unanimously.

The commission did not assign a monetary penalty in the motion; the order instead prescribes restoration, documentation and post‑work monitoring.