Conservation Commission: Bellevue Pond Rehabilitation Project - 2026-02-18

AI-generated summary. Written by gemini-3.6-flash from the transcript below, which is the record. It may be incomplete or wrong; it does not report votes. Every item links to the moment it began.

The Medford Conservation Commission approved a Certificate of Compliance for an Eversource transmission line project and issued an Order of Conditions with special stipulations for DCR's Bellevue Pond Rehabilitation Project.

0:00 Certificate of Compliance: Eversource Transmission Line (DEP File #2015-0210) — Approved a complete Certificate of Compliance for Eversource following review of stamped as-built drawings and site restoration photographs.
9:20 Notice of Intent: Bellevue Pond Rehabilitation Project (DEP File #215-0245) — Approved an Order of Conditions with special conditions for dam repair and erosion control in the Middlesex Fells, requiring submittals for water control, compensatory tree plantings, and field-adjusted protection for native vegetation.

[Chair Heidi Davis]: Great, so tonight we'll be hearing a couple of different agenda items, and the first being a certificate of compliance for DEP file number 2015-0210. Who is here to represent the applicant?

[SPEAKER_04]: Yes, thank you so much. On behalf of Eversource, we are seeking a request for certificate of compliance for the implemented installation of the new transmission line through the portions of Medford. Most notably, the areas of jurisdiction passed through the Winthrop Street Community Garden area and also involved a HDD across the Mystic River. We have included with our filing a post-construction photo log showing the satisfactory restoration of these areas as well as as-built drawings. I'm happy to share those materials via screen share if needed or answer any questions.

[Chair Heidi Davis]: If you wouldn't mind sharing the photos quickly, that would be helpful.

[Theresa Dupont]: And I will make you a co-host so you can do that. Thank you so much. I appreciate that.

[SPEAKER_04]: Here we go. This is attachment C of our RCOC package. These are materials the commission is in possession of, so I'm not sharing anything that has not otherwise been submitted. But this is the Winthrop Street community garden and bike path area, so there was some open trenching and disturbance through this area. We coordinated mitigation with DCR in terms of the site restoration. So we were working very closely with them. But as you can see, any disturbed paved or grass surfaces were restored in kind.

Again, here's another view. And then there's the tributary into the mystic. So this has also been restored in kind. Additional view of all of the geese. And there was also a roadway You can see a zoomed out version of the community garden area and the work also bisected this roadway. So that has all been restored in kind as well. And we were working adjacent to these resources as well. And then most importantly, this is the bank of the Mystic where the HDD entry pit came in. So as you can see, existing conditions where we're preserved and or restored in kind to either side of the river here.

And then again, there was some in roadway work here along South Street also restored in kind, repaved. And then there was also a temporary construction lay down area on the northern side of South street, which is also within the commission's jurisdiction. Also restored in kind, these are obviously taken in December. So a little bit outside of the growing season. So the. The veg kind of looks a little brownish and sparse, but we, throughout the course of the project, we completed weekly site inspections in accordance with SWIP monitoring requirements, and we're monitoring that for vegetative and non-vegetative stabilization in accordance with that permit coverage, as well as the order of conditions that we are working under with the Medford ComCom.

And then our materials also include the stamped as-builts, from the site designer, from the project engineer. With that, I'm happy to answer any questions or flip to more specific materials within the submission.

[Chair Heidi Davis]: Great. Thank you for that. I appreciate it. Does the commission have any questions or comments? No.

[EO-vAhUJAKo_SPEAKER_18]: I just had one comment to make. I was looking at the old order of conditions just to see if there was any perpetual or conditions in perpetuity. And I did notice in special condition 52, we did require an affidavit from a PE or a professional land surveyor stating that the project was completed in accordance with the plans. just raising that that that was a condition I think we could decide if we wish to require that but I did just happen to see that and just wanted to raise it in case we are including that in other order of conditions as well.

[SPEAKER_04]: Understood. The ASBILTs are stamped, if I'm able to share. Again, I can point that out. I don't know if that would satisfy that condition. But if you would need something for your file supplemental to the records, I'm sure that Eversource will be able to coordinate that. But I can call out here that is stamped certifying the ASBILTs in accordance with the record drawings. So it was the intent to satisfy that requirement through the stamping.

[EO-vAhUJAKo_SPEAKER_18]: That's fine with me. I just wanted to raise it that it's included in the original order.

[Chair Heidi Davis]: Thanks, Caroline. I don't know if it'll add any I do recognize it's a condition. I'm not sure it will add any value at this point. Agreed. But going forward, we should require an affidavit if it's in our conditions. We should make sure that's in the package when somebody comes before us.

[Craig Drennan]: I would. be happy with the stamp because As-Built just necessarily confirm that what's shown on the As-Built plans is what happened, not necessarily what was in the order is what was done. Things happen in the field. If they're moving forward, if there was a note in the As-Built plans to the effect that the project was implemented and per what Carolyn was saying, I would consider that meeting it, but otherwise necessarily an as-built doesn't necessarily meet that task.

[SPEAKER_04]: If I may, Paulina Saffron with Eversource would like to comment on the as-builts. Yes, please do.

[SPEAKER_09]: Hello, thank you. This is Paulina Safran with Eversource Energy. Sorry, my camera doesn't work, so I can't turn it on. But if Amanda can pull up that screen, we do have next to the stamp, the engineer provided a blurb that said that he hereby certifies that Eversource 211-514Y115KV transmission line was constructed in substantial compliance with this record. uh, drawing. Yep, it's that right there. So that's, they didn't have a formal, uh, letter, but he did stamp it and, um, comment on it.

[Chair Heidi Davis]: Great. Thank you for pointing that out. Appreciate it. Thank you. Great. Do I have a motion from the commission then on whether or not to issue this certificate of compliance?

[CAS00002499_SPEAKER_05]: I'll make a motion to issue a complete certificate of compliance for DEP file number 215-0210. I'll second that.

[Chair Heidi Davis]: And I'm an aye. Thank you so much for your time this evening. Great, thank you. Thank you for working for us, and we will get you that certificate. Thank you. Sooner rather than later. I appreciate that.

[Chair Heidi Davis]: Thanks for coming. Great, so next on our agenda is DEP file number 215-245 for the Bellevue Pond Rehabilitation Project.

[SPEAKER_06]: Hello. Hello. Hi, I'm Joe Rogers. I'm with GZA GeoEnvironmental. And I'm here with my colleague Susanna Sousa, who's available to present on the project, as well as Anders Barngaard, who is an engineer with GZA, who can speak to any engineering aspects of the project. And representing the Department of Conservation and Recreation is Krista Kirk, who's online as well. So if you'd like, we can provide a little tour through the project and discuss questions.

[SPEAKER_08]: Sounds good. Thanks, Joe. Would it be possible to share my screen? I'm not sure if I have that permission.

[Theresa Dupont]: Yep, I just made you a co-host, so you should be able to. Joe, I also made you in case you wanted to share as well.

[SPEAKER_08]: So the project involves the rehabilitation of the Bellevue Pond Dam within the Middlesex Fells Reservation along South Border Road. So just to orient us, this is a map of our project area, and the red line here is our limit of work. The Bellevue Pond Dam is located in the southeast section of Bellevue Pond, and the spillway structure here conveys flow from the pond through a culvert out to Floyd's Brook, which flows east. The existing structure here has been damaged over time and no longer efficiently conveys water to Floyd's Brook. So the intent of the project is to repair this infrastructure, to restore its original function, to maintain the water elevation in the pond, and to control flow through the structure before it exits out through the culvert. So a wetland delineation was completed in December 2020, and it was confirmed again in May 2024. The delineation identified the bank and land underwater bodies and waterways, or LUWW, associated with Bellevue Pond and with Floyds Brook, and a BBW, or bordering vegetated wetland, was identified bordering the northern and southern bank of Floydsbrook a little further downstream. Floydsbrook is a perennial river according to the USGS map, and it does have a 200-foot riverfront area. So I'll switch us over to our project plans.

So just to quickly define the structures I'll be mentioning, the spillway is this area here where the water is directed in towards the culvert, which is here, and it flows underneath the walking path out to Floyd's Brook. The weir is this outer wall, and here's our stop log structure. And this inner wall here is the upstream headwall. So the main elements of the project include excavating the existing deteriorating concrete spillway base and replacing it with a reinforced concrete to better direct flow toward the culvert.

Removing the stone wear around the spillway. an excavation inside this dotted line here for the installation of a concrete foundation with the footing. Once the footing is installed, these sediments will be replaced and the excavated area will be restored in kind. And the stone wear and stop log structure here will be reconstructed in kind. During construction, the work area will be isolated and temporarily dewatered through the placement of super sacks in this gray box area or an equivalent barrier between the weir and the pond. And when work is complete, these super sacks will be removed and the area will be allowed to rewater.

Additional project elements include improvements to areas that have been damaged by erosion, either from stormwater runoff or from pedestrian foot traffic, including stabilization of eroding slopes and around the roots of this tree up gradient of the bank of Floyd's Brook near the culvert outlet. So soil will be added to this area and it will be seeded with the New England Conservation and Wildlife Seed Mix. Additionally, up north of the dam, there's a hiking trail junction, which has been damaged by erosion from stormwater. So the project includes the placement of gravel at the trail junction and limited regrading in this area here to encourage stormwater sheet flow. Eroded areas next to the trails will be loaned and seeded or planted with native vegetation and a series of granite steps here with gravel infill will be installed to stabilize the eroded areas and provide a defined and stabilized public access to the pond.

So I'll end our summary with our impacts table, which is also included in the narrative that we submitted. This demonstrates our temporary impacts from construction access and from stabilization activities within riverfront area. We described the replacement of the weir and the spillway base as permanent impacts, but work will not result in a loss of resource area, and these structures will be replaced in kind. The project is anticipated to be protective of the resource area values and interests by repairing infrastructure along the pond and the brook in the park, by stabilizing eroding areas, and creating safer, more level ground where people will be walking. The stabilization of these areas is anticipated to reduce the potential for future sedimentation and erosion in the pond as well.

And with that, I think we're happy to take any questions. I can't see people's faces where I am, so. Stop sharing, I can re-share it.

[Chair Heidi Davis]: I will call on commission members to raise their hand or speak up.

[Jeremy Martin]: I can start. I have a couple of questions related to site prep. Do you anticipate any removal of any mature trees to facilitate the work?

[SPEAKER_08]: There will be some vegetation removal here. I can share the plans again. Um, so the removal of this tree here is proposed, um, and this one down here as well, um, for construction access and also, and these areas will be maintained that having them trees growing near the infrastructure, um, can be a problem over time. So, um, so just those two.

[Jeremy Martin]: How about near the area where this granite steps are proposed? It looked like there were several trees very tightly spaced to that area and they're called out for protection. Will there be excavation for the installation of these steps or are they built over the existing grade so you're not digging into those tree root areas?

[SPEAKER_06]: Yeah, I can answer a little bit. The steps there, there is the existing slope right there. And so the idea would be just some very minimal cutting in to key in the steps themselves. And so we don't anticipate that being an impact to the root structures of these trees. It is very, very localized, kind of notching to get to get this type of stair in place. It's a granite material, so it doesn't need a significant amount of anchoring.

[Jeremy Martin]: All right, thank you. And I read in the narrative some description of reseeding with the New England conservation mix. I think that's a great mix. But it's not clear to me if any replacement trees will be planted. I think I read that there's an optional shrub planting included, but are you proposing any replacement planting specific to those trees that will be removed for the project?

[SPEAKER_06]: We didn't include any trees in the project as it stands. We decided to include that possibility because we know that the grounds maintenance is often interested in native plantings in the park and didn't want to specify the location. The two trees that are being taken down of the projects, one of them is kind of a hazard to the structure itself. So that wouldn't be replaced because it's growing pretty much right up against the structure and right above the culvert. So its removal would be preferred. The other one is kind of a smallish size, multi-stem tree that is probably not a hazard to the structure, and it is very close to the work area, and it was decided that it would be better to try to remove it than try to impinge upon the access. But currently, we haven't proposed a replacement for that tree.

[Craig Drennan]: Building off some of the questions that Jeremy had there, what does optional mean with regards to those plantings? Who makes that decision? I'm not necessarily used to seeing a planting plan that has options without kind of explaining what that decision tree is?

[SPEAKER_06]: Sure. Just knowing, so the idea that we're proposing is to revegetate with the seed mix in order to provide a continuous cover, prevent erosion, stabilize the slopes. The option is to allow the maintenance staff of the park to if they would like to enhance those areas with native vegetation, knowing that, you know, native, plenty of native vegetation in this, in that case near Floyd's book within the riverfront area is an exempt activity. We just wanted to make sure that they had the ability to do that and we could discuss it at the meeting.

[Craig Drennan]: That explanation makes some sense. And also picking up on Veramuse's thread about trees, if you could scroll up a bit just to show the northern area of site prep, you have SuperSAC shown basically on top of a tree flagged for protection here. Can you explain what the plan is there and why the SuperSAC layout wasn't spaced to typically place these things with pretty big machinery. They're full of sand. I don't see this layout as shown happening without damaging that tree. Can you provide some context there?

[SPEAKER_06]: Sure, yeah. Maybe, Anders, if you have a memory of how that came to be right there, that would be great.

[SPEAKER_11]: Yeah, sure thing. Good evening, everyone. So that is, to some degree, a conceptual location. The contractor will work his way around that tree. He could pull it in closer. He could push it out just a hair. It's a detail that isn't really captured in the design, the exact placement to be worked out in the field.

[Chair Heidi Davis]: I did notice that there were several button bush shrubs in the vicinity of the proposed super stack. And that tree location, is that actually a tree or could that be a button bush? If we could go to an aerial photo, I think that might show the existing conditions.

[CAS00002499_SPEAKER_05]: I'll note too, Heidi, there's actually a Google Maps actually has street view in this area. That's quite handy. Oh, great.

[SPEAKER_06]: I also have, I actually have a photo up I could share if you'd like. Sure. Hold on one sec. OK. This is the tree that's growing up against the wall itself right now, and this is right over the current culvert itself. So this is the one that we would like to see removed just for maintaining the structure and limiting future damage. So this is the backside of the headwall looking towards the pond in the distance. And then the other area that we're talking about, so there's this, is that a light pole? No, a bat house, maybe? So this is the tree that's called out on the plants where the super sacks are.

The majority, there are some small shrubs over in that area, but the majority of the button bush that I remember is outside of the limits of work in this area. closer to the parking area. There may be more that I'm not thinking of, but that's what comes to mind.

[Chair Heidi Davis]: To the north of the spillway, yes. If I downloaded my snow cover photos, you could see it sticking up out of the snow. Okay. So, bottom line, is there any way to tweak the location of the super sacks to avoid that button bush? Or is that not something that can be adjusted in the field?

[SPEAKER_11]: There's certainly a potential to do that, yes. I mean, I don't know exactly where it lies, but there is a good chance we can do that. We'll have to have Joe or somebody come out and identify it for us, because I can't do that.

[Chair Heidi Davis]: There's some scraggly-looking shrubs sticking out of the water.

[Craig Drennan]: And the detail that you guys have called out for tree protection is a five-foot setback, which, given the scale of this plan, there's a pretty big radius of protection around trees and stuff, given that the subspecs themselves are four feet wide as shown. So I just want to call that out.

[Heather]: I have to say that on the site visit, all of the comments that you're making make sense within the reality of what we saw the other day. And Heidi, you picked up on that button bush the other day, and I'm assuming if that's something that does have to be removed, that is something that then could be replaced.

[Chair Heidi Davis]: Well, it's funny. It's actually growing within the limits of the pond and land underwater. That's my memory of it as well.

[Heather]: Yeah. But maybe there or in another convenient spot. They were talking about some potential plantings that were being discussed by the parks folks. So just a thought. And I thought it looked pretty. I know the tree that you're talking about over in that secondary area, but it really did look like they had some room to maneuver and to make some accommodations, some of the things that Craig and Jeremy have been commenting on.

[SPEAKER_06]: They're not. No, they'll repoint the upstream end around the culvert and the stone wall of the headwall on the upstream side. And then I believe, was there, Anders, at one point we talked about repointing the area around and grouting the upstream part.

[SPEAKER_11]: There's just a little bit of undermining of the pipe on the downstream side. So that's going to just get dry packs, basically re-mortaring. I think, let me see if I have a picture of that. Not that shows it well, but I could share if you want me to, but it's really just It's slightly undermined at the invert of the outlet pipe on the downstream headwall, and we would dry pack that.

[Chair Heidi Davis]: Image 442. And haven't collapsed or don't have any roots at all?

[SPEAKER_06]: So here's this is the photo looking from downstream up towards the pond. And so this is the area I think that Andres is talking about.

[SPEAKER_06]: Yeah, it's clear. So this structure won't be removed or altered otherwise. And the headwalls as well will only be, the only work will be to repair the grouting on the upstream side in particular and then dry packing this void underneath.

[SPEAKER_11]: And we would limit the contractor to hand cleaning for that repointing operation, wire brush and that kind of methodology. Great, thank you.

[Jeremy Martin]: I have another quick question, if I may. I see there's a note on here about the temporary staging area at both primary work areas to be field determined and coordinated with DCR. In my experience, leaving that to the contractor doesn't always go so well. Are there any other fencing or controls on the contractor's lay down area once that's established so that they stick to that area and don't expand beyond the footprint that's agreed on?

[SPEAKER_11]: At this point, we don't have anything, but certainly as we develop the construction documents and coordinate with the parks folks, we could be more restrictive. We don't anticipate a lot of staging being required because of the small scale of the project, but we could tighten that up. I generally like to give the contractor a little bit of leeway subject to his submittals for our review so that they can kind of present their approach, um, that works best for them. And then we can review that with respect to impacts and, and, and other potential concerns.

[Chair Heidi Davis]: One of the, um, were the commission to issue an order, one of the conditions I would recommend is that a control of water plan be submitted to the commission for prior to construction and for review and approval. I also note that there's a small amount of dewatering. We're not sure where the dewatered materials will go and how the dewatered sediment will be handled, et cetera. Sure.

[Craig Drennan]: I'm interested in details on bypass design and sizing and where Storm event discharge goes and scour protections around the downgrading end of that. When we get that, I'd be very interested to take a look through that, Heidi and Dennis and Teresa. Yep.

[Chair Heidi Davis]: I have one more question regarding the narrative. I think it's page 7, the proposed project. And this is regarding on the downstream side where there's eroding slopes on the brook. The narrative says that soil will be added where needed to the slope. And so I wasn't sure how much soil might be necessary, and is it something Is it being placed on a vertical slope? How will it be stabilized?

[Chair Heidi Davis]: We couldn't see it, of course, because it was under two feet of snow.

[SPEAKER_06]: Yeah. So the background here, if it didn't come through, is this is kind of an unplanned access to the brook from the trail. And so people, over time, have made their own path. And that has compacted that area and removed the native vegetation that was there. And so, yes, there is a slope there. The detail includes using fiber tube as a tow of slope protection, as well as the options for geofabrics in order to agitate, add topsoil, and allow for the seed to take hold and regrow. So there wasn't a specified volume of material. It was basically intended to heal the area, block that access off, and eliminate or reduce the likelihood of future use of that as an unofficial trail.

[Chair Heidi Davis]: Thanks. Good idea. Do you anticipate that the stabilization methods will be up to the contractor at the time then?

[Craig Drennan]: I think there's a lot of components of this plan set that I would have really liked to seen construction details for. That's one of those things that would have been nice to have at the back of this plan set for review of the commission. The only detail I see in here is a five-foot setback for tree protection.

[Chair Heidi Davis]: Might be helpful to walk through them, what you would. What documents what we'd like to see on a plan. Sure. Okay.

[Craig Drennan]: I couldn't tell if you were if you were. Coming up stuff there. Um, yeah, I mean, where where Heidi started, um. restoration details, especially for the eroded segments along the banks of Floydsbrook. I think I'd like a little more detail on how, or a little more direction on how super sacks are going to be placed. I'm happy leaving certain things to contractor's discretion, but I'd like to hear what bounds are on that to minimize disturbance, if they're going to be placed from land, from the pond, setbacks from vegetation, et cetera.

[Craig Drennan]: Dewatering, but I, that that, and that should be probably part of the contractors, um, water management plan, which I think Heidi already has on her checklist of things. Right. Um. And then Jeremy, I didn't know if you wanted some additional information on how staging and stockpile areas are a little, not information, but direction on where those shouldn't be placed. I'll forward that.

[Jeremy Martin]: Yeah, thanks, Greg. I think I'm most concerned with just keeping some controls on that not sprawling out further than an area that is agreed upon. And I agree with the process that Anders proposed there, where there's a process of reviewing a submittal and a proposal by the contractor that everyone can agree on, and then it's the actual activity in the field and what are the controls to ensure that that activity meets what was submitted. I think there needs to be a little bit more there about, and it may come out in the submittal, but let's try to get ahead of that so that the contractor knows the expectation of, are they installing some perimeter fence or some control around their lay down area so that they keep it contained.

[Chair Heidi Davis]: Yeah, Andrew, that's a good point. The contract needs to have certain elements in it to be bid on. We want to make sure that they're all covered.

[CAS00002499_SPEAKER_05]: And I apologize for piling on here, but a note added to the plans that those construction areas will be restored would be helpful.

[SPEAKER_11]: Yeah, these are all things that will absolutely be in the construction documents. Um, you know, the performance requirements that will impose on the contractor for, you know, whatever we're leaving to his discretion, there will be performance requirements on that. So, uh, and, and, you know, we can, can address that verbally. We can address, address it with details, but I still like the idea of The using performance requirements to make sure that, you know, there's enough control and they're not doing things we don't want them to do, but still allowing them to use methods that they're familiar with, materials that they're familiar with and, and have access to just to help keep the cost down.

[Chair Heidi Davis]: That brings us back to the discussion. Is this something that the commission think can be conditioned or do we want to see additional information that we can include in order of conditions? I can lean either way at this point.

[CAS00002499_SPEAKER_05]: Yeah, I'll defer to my fellow commissioners on that. I think I'm okay conditioning it.

[Craig Drennan]: Only other comment from my fellow commissioners, do we want, is there any value in specifying compensatory tree plantings elsewhere on the site for the trees that are coming down?

[Jeremy Martin]: I was actually going to propose that as a condition, Craig, so I agree. I think it should be both related to the trees that are proposed for removal and then any subsequent trees that may be damaged or impacted during the construction, particularly that tree that you flagged where the super sack is very close to it. I'm sure that the super sack itself can be adjusted to avoid being on top of the tree. But as you said, to actually install and place that is going to require a big piece of equipment in close proximity to that tree. If the tree is damaged, or ultimately has to be removed, I think there should be some replacement associated with that.

[SPEAKER_11]: And just to help you understand a little bit of how we're envisioning this, if you're looking out to the pond with the wall, we're envisioning a small to medium-sized excavator sitting on mats working from there. So he would swing from this staging area And just be able to place those super sacks without getting into the pond area or adjacent. He's just going to work from above.

[Chair Heidi Davis]: So then along the lines of. The common condition we just discussed, I would like to include a condition that says that the Supersec location will be adjusted to minimize impact to the button. Right.

[Craig Drennan]: We asked for a final are we okay with that being field decided, or do we want to include the final delineation for that as part of the dewatering plan?

[Chair Heidi Davis]: Oh, I'm sorry, include what is part of the dewatering plan?

[Craig Drennan]: But are we okay with the SuperSAC locations being kind of field decided, or do we want to require the final placement be included in the contractors dewatering plan, which is being submitted to us for review?

[Chair Heidi Davis]: Yeah, I'm not sure that the exact locations of will be Yeah, I'm not sure. I think it probably will need to be field located. Will that position, yeah. Can that, will that be reflected in a dewatering plan? Yeah. I don't know. I guess we could. There's a note on the dewatering plan. Minimize impact.

[SPEAKER_11]: We could have the contractor laid out and then notify the commission so that if somebody wanted to come out and take a look at the alignment.

[Chair Heidi Davis]: And then if it was on top of the button bush, we'd say, oh, take it off that button bush.

[SPEAKER_06]: Well, no, just the alignment prior to installing that. Yeah, yeah. But you're, yes. No, no. Didn't mean to be. Yeah, to hopefully present that.

[Chair Heidi Davis]: Okay, great. And then we have already discussed, we'd like to see a control of order submitted to the commission for review and approval that includes the following components. Bypass, bypass sizing, did you say, Craig?

[Chair Heidi Davis]: Location for seawater sediments with appropriate enclosure. Or that's not the right phrase, but.

[Craig Drennan]: If they're using Filter bags show a detail for how those are going to be on the bank with gravel pad underneath, et cetera.

[Chair Heidi Davis]: Is there any potential for fish getting into the construction area? Or is it dry there?

[SPEAKER_06]: It's very little water. So the water depths are six inches to a foot in most of that area. So I think it would be pretty unlikely.

[Chair Heidi Davis]: We would also like to review, have submitted for review and approval a restoration detail for the eroded bank.

[Craig Drennan]: And I guess also proposed placement for compensatory plantings for tree removals.

[Chair Heidi Davis]: And also restoration of land underwater area once the super sacks have been removed. I would also like the order of conditions to state that there will be 913 square foot of temporary impact to land underwater, 810 square feet of permanent impact to land underwater, as well as 78 linear feet of bank and that alteration should not exceed. If alteration does exceed these amounts, the commission shall be notified and we can make a decision on whether there'll be a amended order as required.

[Craig Drennan]: Make a motion to issue an order of conditions for this NOI, given the special conditions that we've identified. And Heidi has written down, so please, I can't list them all off the top of my head. I'll second that.

[Chair Heidi Davis]: I don't believe anybody from the public is here, but if anybody's from the public is available or present, please raise your hand and you can comment.

[Theresa Dupont]: I think it's only DCR that's on the comments. We did not receive any written comments in advance on this project.

[Chair Heidi Davis]: Great. So we will get that order of conditions mailed out to the applicant as soon as possible. And thank you very much for attending our hearing tonight. Yeah.

[Theresa Dupont]: Of course. Yeah, and I did write down all of those conditions. Heidi, what I'll do is I'll type it all up and then kick it over to you to make sure that it was comprehensive.

[Chair Heidi Davis]: That's fantastic because, yeah, I did not write them all down. I appreciate that. And Dennis, as we said, great to see you. Glad to see you back in your office.

[Denis MacDougall]: Me too. I mean, objectively not working, but I'm here because it's a lot easier to do this than it is in my mother's condo where I've been for the last five weeks, so.

[Chair Heidi Davis]: And I'm sure you're probably going a little stir crazy there as well.

[Denis MacDougall]: That's it, being generous, yes, lots of crazy. I've been telling people, thank God for the Olympics since last week and a half, because that has pretty much saved me from going hoopy. You know, I mean, I was, I mean, I have gotten to the point now where I actually am, you know, asking questions about General Hospital and, you know, why is he doing that? Where did he come from? Who's that guy?

[Denis MacDougall]: Actually, I worked up on the Canadian border 25 years ago and we used to go over into Canada to hang out and we actually, you know, we used to watch curling there.

[Denis MacDougall]: Oh, it was because, you know, we were at just a bar there and it was on and it was this big tournament and the guy, the bartender just, you know, basically explained everything to us. And it was one of those things, like, once you pick it up, you're like, oh, this is great. Yeah. It's and it's, it was, it was amazing. So ever since then, I've been like, you know, with the minute it came back to the Olympics, I was like, this is the best. I can't wait for this.

And every four years, me and my friends say, you know, we should go to a curly place and try it out sometime. And we never do, but one of these days.

[Chair Heidi Davis]: Well, I hope you continue to heal and that we see you soon.

[Denis MacDougall]: Yeah, that's the plan. So I just gotta go get a, I need to go get a doctor's note at this point. So once I get that in hand.

[Denis MacDougall]: Yeah, thank you. It's been, I mean, it does help that my mom's condo has a nice long hallway that I can just go back and forth regardless of the weather. So I'm going to have to figure, I mean, I can just go to my gym and lock in the treadmill, I suppose. That's a relatively obvious answer if the weather doesn't cooperate. So I'm very, very happy to see all y'all, but I've missed y'all. Yeah.

[Chair Heidi Davis]: Take care. All right. Thank you all for attending tonight and for your help reviewing this. Yep. Thank you much.

[Theresa Dupont]: I don't mean to be very technical, but do we usually take a motion to adjourn the meeting? Oh, yeah. Oh, that motion to adjourn. So I second Heather's motion.