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4 <br /> 4 <br /> restoration will require filing of a Notice of Intent pursuant to 3 10 CMR 10.05(4). <br /> Structures that have been displaced from their foundations are presumed to he greater <br /> than 50 percent damaged. This presumption may be overcome upon a clear showing <br /> (approved by the 1 fashpee Building Department)that the structure Was less than50 <br /> percent damaged. The filing of a Notice of Intent is required unless the presumption is <br /> overcome. <br /> when said structures are properly licensed under M.G.L. Chapter 91 (where applica- <br /> ble), permitted under M.G.L. Chapter 13 1, s. 40 and/or Chapter 172 ofthe Mashpee <br /> Code (whichever is applicable), unless the Conservation Commission finds that it is <br /> contrary to the interests (wetland values) of Chapter 172 ofthe Mashpee Cocke. Upon <br /> such a finding, the Conservation Commission may require the filing of a Notice of <br /> Intent. For the purposes f this subparagraph, "minor repair" shall be considered t e <br /> . a <br /> repair j <br /> f a groin, etty, or breakwater that is ten percent or less destroyed. Bath temp- <br /> orary and permanent minor repairs are allowed under this subparagraph. <br /> when said structures are properly licensed under M.G.L. Chapter 91, permitted under <br /> M.G.L. Chapter 13 1, s. 40 and/or Chapter 12 of the Mashpee Code, whichever i <br /> applicable. Determinations of the percentage of destruction, y the Commission or <br /> its agents, shall be based upon review of legal plans ofrecord. <br /> '0 dredging may be done to return channels to the condition which existed on the day <br /> before the storm event for which D.E.P. issued the applicable storm emergency <br /> regulations. Such determinations, by the Commission or its agents, shall be based upon <br /> the availability of surveyed plans and/or the recommendations ofthe Harbormaster. <br /> 1 but not the e ansi n r realignment f an roadway, bride ausewa r railway <br /> . <br /> p � y y� dge, y <br /> To new coastal engineering structures shall be created as part of this work. <br /> Such determinations, by the Commission or its agents, shall be based upon the <br /> availability of engineered plans of record and/or the recommendations of the <br /> Mashpee Health Department. <br />