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Home My WebLink About83-1890BSC GROUP ;uu :••a '� :::.,s r: - :;: _; _�;, _ .> . Yarmouth Conservation 349 Main Street, Unit D �omrn+ssio West Yarmouth, MA 02673 December 11, 2013 VEC 13 2013 Tel: 508-778-8919 RE _ E t V c D 800-288-8123 Town of Yarmouth Conservation Commission G 1146 Route 28 Fax:508-778-8966 South Yarmouth, MA 02664 Attn: Kerry Muldoon, Agent www.bscgroup.com RE: Partial As -Built Survey, Orders of Conditions SE83-1890, Water Quality Certification X236799, Chapter 91 Permit 13321, ACOE Permit NAE- 2011-00710, Salt Pond Maintenance Dredging, West Yarmouth, Massachusetts, BSC Job #48938.03 Dear Ms. Muldoon and Members of the Conservation Commission: The BSC Group, Inc. is pleased to submit this partial as -built dredge survey on behalf of our client, Timothy Grimes, for the property located at 33 Cove Road in West Yarmouth, MA, more specifically within Salt Pond (the Site). The entrance channel to Salt Pond was dredge last fall with spoil material placed at the Great Island disposal site. Due to funding and the higher costs to dispose of the spoils within the turning basin that portion of the project was postponed until fall 2015. As such, we are submitting this partial as -built survey plan to show significant compliance with the portion of the channel, which was previously dredged. For more information, please refer to the attached Dredging As -Built Plans. As required, start work notification will go out prior to the start of Phase II, the inner turning basin. If you have any questions or require additional information, please contact me at (508) 778-8919. Sincerely, The BSC Group, Inc. Matthew Creight , PWS Engineers Project Manager etland Scientist Environmental Scientists CC: Timothy Grimes, 84 Dartmouth Street, Boston, MA, 02116 GIS Consultants Commonwealth of Massachusetts, Water Quality Certification Program, One Winter Street, Boston, MA 02108, Attn: Ken Chin Landscape Architects Commonwealth of Massachusetts, Chapter 91 Waterways Program, 20 Riverside Dr., planners Lakeville, MA 02347, Attn: David Hill CZM, 1213 Purchase Street — 31 Floor, New Bedford, MA 02740, Attn: Robert Boeri, Surveyors US ACOE, 696 Virginia Road, Concord, MA 01742, Attn: Richard Kristoff P:\prj\4893802\Environmental\Permit Applications\2013-12-10 As -Built WQC Ltr.doc ;0'21 BSC GPOUP September 19, 2012 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 026644492 Yarmouth Conservation Commission SEP 24 Zp» RECEIVED RE: Start Work Notification, 33 Cove Road within Salt Pond, Yarmouth, Massachusetts, BSC Job No. 4-8938.00 Dear Ms. Muldoon and members of the Conservation Commission, BSC Group is pleased to submit this start work notification in regards to Mr. Timothy Grimes' dredging project located at 33 Cove Road within Salt Pond, Yarmouth, MA. Phase I of the project will include dredging Salt Pond to -4.0 MLW with 1 foot over -dredge by mechanical removal. Approximately 1,700 cubic yards of material covering 15,050 square feet are to be removed and used as coastal dune enhancement at the Great Island dredge disposal site; no spoils will be disposed of below the high water mark. Work is proposed to start on October 15, 2012 and be completed by November 1, 2012. Gilmore Marine Services is the contractor for this project, and can be reached at 508-477-7880. Phase II will include dredging the Salt Pond Mooring Basin, and is scheduled for October 15, 2013 to remove 1,158 cubic yards covering 12,760 square feet. The following is the list of permits obtained for this project: 401 WQC Transmittal No.: X236799 Army Corps of Engineers Permit No. NAE-2011-00710 Chapter 91 Permit No. 13321 Order -of -Conditions 5E-83-1890 BSC will be on site monitoring progress throughout the project, and will notify you at the completion of the project. Please do not hesitate to contact me at 508-778-8919 with any inquiries you may have. Very truly yours, BSC GROUP, INC. rin W. Hayes, P roject Manager Senior Associate 349 Main Street (Route 28), Unit D West Yarmouth MA 0*3 Tel: 508-778-8919 800-288-8t23 Fax: 508-778-8966 www.bscgroup.com Engineers Environmental Scientists GIS Consultants Landscape Architects Planners Surveyors P:\prj\4893802\_Project Control\Correspondence\Outgoing\2012-09-18 NWH Start Work Notice. dotx. docx • Town of Yarmouth Conservation Commission September 19, 2012 Page 2 cc: David Hill, Massachusetts Department of Environmental Protection, Southeast Regional Office, 20 Riverside Drive, Lakeville, MA 02347 Ken Chin, Department of Environmental Protection, Division of Wetlands and Waterways, One Winter Street, Boston, MA 02108 Town of Yarmouth, Division of Natural Resources, Waterways, 597 Forest Road West Yarmouth, MA 02664 Timothy Grimes, 84 Dartmouth Street, Boston, MA 02116 DEPARTMENT OF THE ARMY NEW ENGLAND DISTRICT, CORPS OF ENGINEERS 696 VIRGINIA ROAD CONCORD, MASSACHUSETTS 01742-2751 REPLY TO ATTENTION OF June 8, 2011 Regulatory Division CENAE-R-PEA File Number: NAE-2011-00710 Timothy Grimes 84 Dartmouth Street Boston, Massachusetts 02116 Dear Mr. Grimes: We have reviewed your application to dredge Salt Pond to -4.0 feet at mean low water with a 1 foot over dredge by mechanical dredging. The amount of dredge material to be removed is approximately 2,858 cubic yards out of an approximately 27,810 square foot area. Compatible sands will be used to enhance coastal dunes at the Great Island Dredge Disposal site. All other material will be disposed of at an approved upland location. No materials will be used as nourishment or placed seaward of the high tide line. This project is located in Salt Pond at 33 Cove Road, Yarmouth, Massachusetts. The work is shown on the attached plans entitled "PLANS TO MAINTAINANCE DREDGE 2852 +/- C.Y. OF MATERIALS IN AND OVER THE WATERS OF SALT POND (LEWIS BAY), WEST YARMOUTH, MA BARNSTABLE COUNTY", on 5 sheets, and dated "3/18/11". Based on the information you have provided, we have determined that the proposed activity will have only minimal individual or cumulative environmental impacts on waters of the United States, including wetlands. Therefore, this work is authorized as a Category 2 activity under the attached Federal permit known as the Massachusetts General Permit (GP). This work must be performed in accordance with the terms and conditions of the GP and also in compliance with the following special conditions: 1. There shall be dredging or disposal from January 15 to May 15, inclusive, in order to minimize adverse impacts to spawning winter flounder. 2. Prior to the start of work, shell fish within the dredge area shall be relocated to a suitable habitat area outside of the dredge work. The Corps of Engineers has consulted with the National Marine Fisheries Service (NMFS) regarding the effects of your project on Essential Fish Habitat (EFH) as designated under the Magnuson -Stevens Fishery Conservation and Management Act. The NMFS has not provided EFH conservation recommendations. You are responsible for complying with all of the GP's requirements. Please review the attached GP carefully, in particular the GP conditions beginning on Page 5, to familiarize yourself with its contents. You should ensure that whoever does the work fully understands the requirements and that a copy of the permit document and this authorization letter are at the project site throughout the time the work is underway. -2- Your project is located within, or may affect resources within the coastal zone. In order for the above determination to become valid, you must obtain Federal consistency concurrence from the Massachusetts Office of Coastal Zone Management (CZM) if the proposed work is above the review thresholds of the Massachusetts Environmental Policy Act (MEPA). The CZM address is provided in the attached GP. This GP expires on January 21, 2015. Activities authorized under this GP that have commenced (i.e., are under construction) or are under contact to commence before this GP expires will have until January 21, 2016 to complete the activity under the terms and general conditions of the current GP. For work within Corps jurisdiction that is not completed by January 21, 2016, you will need to reference any reissued GP to see if your project is still authorized under Category 1 (no application required), or Category 2 (application required). If it is no longer authorized you must submit an application and receive written authorization before you can continue work within our jurisdiction. Please contact us immediately if you change the plans or construction methods for work within our jurisdiction. This office must approve any changes before you undertake them. This authorization requires you to complete and return the attached Work Start Notification Form to this office at least two weeks before the anticipated starting date. You must also complete and return the enclosed Compliance Certification Form within one month following the completion of the authorized work and any required mitigation. This authorization presumes that the work as described above and as shown on your plans noted above is in waters of the U.S. Should you desire to appeal our jurisdiction, submit a request for an approved jurisdictional determination in writing to this office. This permit does not obviate the need to obtain other federal, state, or local authorizations required by law, as listed on Page 2 of the GP. Performing work not specifically authorized by this determination or failing to comply with any special conditions provided above or all the terms and conditions of the GP may subject you to the enforcement provisions of our regulations. We continually strive to improve our customer service. In order for us to better serve you, we would appreciate your completing our Customer Service Survey located at http://per2.gM.usace.army_mil/survey Please contact Richard Kristoff, of my staff at 978-318-8171 if you have any questions. Sincerely, Philip T. Feir Colonel, Corps of Engineers District Engineer Attachments -3- Copies Furnished: Ed Reiner, U.S. EPA, Region 1, Boston, Massachusetts, reiner.ed@epa.gov Christopher Boelke, National Marine Fisheries Service, Gloucester, Massachusetts, christopher.boelke@noaa.gov Elizabeth F. Kouloheras, DEP SERO, Wetlands and Waterways, Lakeville, Massachusetts, c/o lisa.ramos@state.ma.us Robert Boeri, Coastal Zone Management, Boston, Massachusetts, Robert.Boeri@state.ma.us David Flaherty, Town of Yarmouth Conservation Commission, South Yarmouth, Massachusetts 02664 Matthew Creighton, BSC Group, Inc., West Yarmouth, Massachusetts, MCreighton@BSCGroup.com LEWPS BA Y NAN17/CKET SOUNL So. ST \ \ 362? LOCALES ONE , IN, \ PARCEL 47 3622 q \ \ \ PARCEL 46 \ SF Fp PA RCEL 45 \ B-'y NoPARCEL 26 S �i 41, MOORING PA4RCEL B 6 BASIN B-5 AG OA DAB B-4 Cp / L ICEN 126 SE ¢ M � MOORING MOORING CRAIG A. FIELD in No.38039 r LAND SCALE: 1 " = 60' 0 30' 60' 120' PLAN TO MAINTAINENCE DREDGE 2858t C.Y. OF MATERIAL IN MLW = 0.0' AND OVER THE WATERS OF M H W = 2.8' SALT POND (LENS BAY), HTL = 3.1' WEST YARMOUTH, MA BARNSTABLE COUNTY THE BSC GROUP, INC. EXISTING 28 W. YARMOUTH,TMA 02673 CONDITIONS o/ MOORVG PR Q Q/- V PARCEL 27 �O AT: SALT POND IN: WEST YARMOUTH, MA COUNTY OF: BARNSTABLE 4PPLICANT: TIMOTHY GRIMES 33 COVE ROAD W. YARMOUTH, MA 02673 TE: 3/18/11 SHEET 1 OF 5 A\MA) J. CRI N cs ci CIVIL 4 No..32112 A (V lip, MATERIAL TO BE USED FOR DUNE NOURISHMENT CHANNEL 410.. 15,050:ES.F. .0 DREDGE DEPTH TO —4.0 MLW--l.250 C.Y. \s) r - PAY DEPTH To Ple �4 X 6. TOTAL DREDGE VOL=1.700 C.Y. All vir PARCEL 47 PARCEL 46 7 c; .4- PARCEL 4 IV3 E PARCEL 26 co C\i O'q MOORING PAR . 4 BASIN, 4b- B-5- AP D Oro A A ICENSE B—. 126 MOORING MOORING L*AA-A,A MATERIAL UNSUITABLE FOR 0."'mo OF DUNE NOURISHMENT MOORV5 --' MOORING BASIN .01 CRAIG A. 12,760*S.F. Rp FIELD DREDGE DEPTH TO —4.0 MLW-701 C.Y. No.38039 PAY DEPTH TO —5.0 MLW--457 G.Y. TOTAL DREDGE VOL=1.158 C.Y. PARCEL 27 SCALE: 1 60' 0 30' 60' 120' PLAN TO MAINTAINENCE DREDGE AT: SALT POND 2858± C.Y. OF MATERIAL IN IN: WEST YARMOUTH, MA MLW = 0.0' AND OVER THE WATERS OF COUNTY OF: BARNSTABLE M H W = 2.8' SALT POND (LEWIS BAY), H TL = 3. 1' WEST YARMOUTH, MA APPLICANT: BARNSTABLE COUNTY TIMOTHY GRIMES 33 COVE ROAD THE BSC GROUP, INC. PROPOSED W. YARMOUTH, MA 02673 349 ROUTE 28 W. YARMOUTH, MA 02673 CONDITIONS DATE: 3/18/11 SHEET 2 OF 5 OF 25' SETBACK v� DAVID J. _ TO SALT MARSHCRISPIN CIVIL. , No 1 l l i w� _ j ♦ 'v, ;��; ems' ♦ � ` r"�� ♦♦w F ��✓,a �;rJ,r>'7 .. a� � d� ` w♦♦♦ _ ♦; 9/w. if `f N�`y N/F p� ASSESORS MAP 10 CD PARCEL 1 qs b 1 ARNOLD B. CHACE JR. TR. Tql v 1100 GREAT ISLAND OG MA 02673 'I'F CRANE TO BE,,` DREDGE DISPOSAL SITES, SI11ONED BEHIND WATERWAYS LICENSE #9382 1IT CONTOUR DEP FILE -SE 83-1086" REINFORCED COASTAL DUNE- ONMENTAL MATTING / 4�Q / 4, / OF CRAIGA. I / FIELD N LJ---------- -------_-- No.38039--"`-'--- GREAT ISLAND ROAD ----------_..._._.— -- - ------------------------ SCALE: 1 " = 60' 0 30' 60' 120' PLAN TO MAINTAINENCE DREDGE AT: SALT POND 2858f C.Y. OF MATERIAL IN IN: WEST YARMOUTH, MA MLW = 0.0' AND OVER THE WATERS OF COUNTY OF: BARNSTABLE MHW = 2.8' SALT POND (LENS BAY), HTL = 3.1' WEST YAROUTH, MA BARNSTABME COUNTY APPLICANT: TIMOTHY GRIMES 33 ROAD THE BSC GROUP, INC. DISPOSAL W. YARMOUOTH, MA 02673 349 W. Y RMOUTOH,TMA 02673 AREA DATE: 3/18/11 SHEET 3 OF 5 ME JETTY EXISTING EXISTING CHANNEL 50' WIDE LIC. #3622 ........................................................ t1tt17 0SECTION AA DAVID J. No.38039 CRISPIN SCALE: 1 "=20' HORIZONTAL aVIL Na. 3211; 1 "=2' VERTICAL yAIL p PROPOSED DREDGE ..............................I............................... ................................................................... i. , :¢.. 0........ PROPOSED'OVERD16 ' ..................... SECTION BB ................................................. .................. .....................Y. i.. ..... .. ...................... �S ........................ SCALE: 1 " = 20' 0 10' 20' 40' PLAN TO MAINTAINENCE DREDGE AT: SALT POND 2858f C.Y. OF MATERIAL IN IN: WEST YARMOUTH, MA MLW = 0.0' AND OVER THE WATERS OF COUNTY OF: BARNSTABLE M H W = 2.8' SALT POND (LENS BAY), HTL = 3.1' WEST YARMOUTH, MA APPLICANT: BARNSTABLE COUNTY TIMOTHY GRIMES 33 COVE ROAD THE BSC GROUP, INC. W. YARMOUTH, MA 02673 349 ROUTE 28 W. YARMOUTH, MA 02673 SECTIONS DATE: 3/18/11 SHEET 4 OF 5 CHLECK JOURNEYS END CORP ASSESSORS MAP 14 PARCEL 27 #24 SCALLOP ROAD N/F IRENE BRINKMAN ASSESSORS MAP 14 PARCEL 34 #28 QUAIL LANE N/F CAROLYN & TIMOTHY GRIMES ASSESSORS MAP 14 PARCEL 45 #33 COVE ROAD CRAIG A. FIELD No.38039 w NOTES: f N/F FIELDS POINT MFG. CORP ASSESSORS MAP 14 PARCEL 33 QUAIL LANE N/F HELEN R. WILSON ASSESSORS MAP 14 PARCEL 44 #31 COVE ROAD N/F DAVID & MARILYN MAHER ASSESSORS MAP 14 PARCEL 26 #42 SCALLOP ROAD NF ROBERT 0 NEIL ASSESSORS MAP 14 PARCEL 47 #51 COVE ROAD N/F FRANCIS NEYLON ASSESSORS MAP 14 PARCEL 46 #43 COVE ROAD N/F FIELDS POINT MFG. CORP ASSESSORS MAP 14 PARCEL 25 SCALLOP LANE 1. THE INFORMATION DEPICTED ON THIS PLAN WAS A RESULT OF A HYDROGRAPHIC SURVEY PERFORMED ON MAY 25, 2010 BY THE BSC GROUP, INC. 2. THE ELEVATIONS ON THIS PLAN ARE ON THE MLW DATUM. 3. THE PIERS AND FLOATS DEPICTED ON THIS PLAN WERE COMPILED FROM PLANS BY OTHERS. 4. SHELLFISH SURVEY SE83-1835 CONFIRMED 12-5-2010. PLAN TO MAINTAINENCE DREDGE 2858f C.Y. OF MATERIAL IN MLW = 0.0' AND OVER THE WATERS OF M H W = 2.8' SALT POND (LEWIS BAY), HTL = 3.1' WEST YARMOUTH, MA BARNSTABLE COUNTY THE BSC GROUP, INC. ABUTTERS/ W. YARMOUTH,TMA 02673 NOTES AT: SALT POND IN: WEST YARMOUTH, MA COUNTY OF: BARNSTABLE APPLICANT: TIMOTHY GRIMES 33 COVE ROAD W. YARMOUTH, MA 02673 TE: 3/18/11 SHEET 5 OF 5 I . Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs Department of Environmental Protection One Winter Street Boston, MA 02108.617-292-5500 DEVAL L PATRICK RICHARD K SULLVAN JR. Governor Secretary TIMOTHY P. MURRAY KENNETH ? KIMMELL Lieutenant Governor Commirrzoner November 21, 2011 Timothy Grimes 84 Dartmouth Street Boston, MA 02116 Re: 401 WATER QUALITY CERTIFICATION Application for BRP WW 08, Minor project dredging At: Salt Pond off Lewis Bay, WEST YARMOUTH 401 WQC Transmittal Ns: X236799 Wetlands File Ns: ACoE Application X2: Dear Mr. Grimes: The Department has reviewed your application for Water Quality Certification (WQC), referenced above. In accordance with the provisions of Section 401 of the Federal Clean Water Act as amended (33 U.S.C. §1251 et seq.), MGL c.21, §§ 26-53, and 314 CMR 9.00, the Department has determined there is reasonable assurance the project or activity will be conducted in a manner which will not violate applicable water quality standards (314 CMR 4.00) and other applicable requirements of state law. The waters of Salt Pond are designated in the Massachusetts Surface Water Quality Standards as Class SB. Such waters are intended "as habitat for fish, other aquatic life and wildlife and for primary and secondary contact recreation." Anti -degradation provisions of these Standards require that "existing uses and the level of water quality necessary to protect the existing uses shall be maintained and protected." Background: On April 12, 1954, the Department of Public Works (DPW) issued a Waterway License #3622 to the Fields Pond Manufacturing Corporation to construct two stone jetties and to dredge an entrance to a boat basin in Lewis Bay at its property at Yarmouth. License 3622 authorized dredging to a width of 50 feet below mean low water (MLW) in the area between the jetties and extending through the entrance of the boat basin. On July 5, 1979, the then Department of Environmental Quality Engineering (DEQE) issued License no. 577 to Klaus and Irene Brinkman to dredge a portion of Salt Pond at their property to a depth of -3.5 feet MLW. This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TDD# 1.866-539-7622 or 1-617-574-6868 MassDEP Website: www.mass.gov/dep Printed on Recycled Paper 401 Water Quality Certification, Salt Pond inlet channel and embayment, Yarmouth Transmittal Ns: X236799 Page 2 of 7 On July 23, 1979, DEQE issued License no. 576 to Nino and Phyllis Siracusa to dredge a portion of Salt Pond at their property to a depth of -3.5 feet MLW Proposed project: This project entails conducting maintenance dredging at the channel and Salt Pond to a depth of -5 feet MLW which included one foot overdredge allowance in the channel and -3.5 feet MLW in Salt Pond. The dredge volume for the channel is approximately 1,700 yd3 and for Salt Pond is approximately 482 yd3. When dredging the Salt Pond, the sediment will be removed mechanically using conventional equipment such as a small crane mounted on a barge with a roll -off container. The dredged material will be placed in the container for dewatering. Once the dredged material is adequately dewatered, the container will be transported to the Great Island Dune Enhancement Disposal Site (see Beneficial Reuse of Sediments discussion). When dredging the channel, a crane will be positioned on a sand berm adjacent to the north jetty and will place the dredged material in 20 cubic yard rubber tired tractor for transport either to the Great Island Dune Enhancement Disposal site or to a licensed upland site for beneficial reuse.. Sediment sampling data: In August 2010, six core samples (131-136) were collected within the proposed dredge area for gradation analysis. Results of the gradation analysis showed that the sediment within the channel is less silty than the sediment within Salt Pond. One composite sample was formed from the three core samples (64, B5 and 66) collected in the channel and Salt Pond for chemical analysis. Results of the chemical analysis confirmed the presence of low levels of Chromium, and Zinc. The detected concentrations were below the Reportable Concentration (RC) S-1 criteria of the Massachusetts Contingency Plan (MCP). The August 2010 sampling event did not meet the Sampling and Analysis Requirements of 314 CMR 9.07(2)(b)4, which required a minimum of two samples to be "characterized physically and chemically". The August 2010 sampling event only had one sample for physical and chemical characterization. In July 2011, a core sample was collected within the proposed dredge area to supplement the August 2010 sampling event. Results of the chemical analysis detected the presence of metals and Polynuclear Aromatic Hydrocarbons (PAHs). The detected concentrations were also below RC-S1 criteria. Beneficial Reuse of sediments: For the initial round of dredging, sediment from the channel will be beneficially reused at the Great Island Dune Enhancement Disposal site where it will be graded within the existing footprint or used as beach nourishment material under the Town of Yarmouth's comprehensive WQC (see condition 8). If the dredged material from Salt Pond is too silty to be reused at the Great Island Dune Enhancement Disposal site, it can be reused as daily cover material at a licensed upland facility based on the results of the chemical characterization (see condition 9). Rare Species and Rare Wildlife Habitat: The site is not located within the Priority Habitats of Rare Species, Estimated Habitats of Rare Wildlife in accordance with the Massachusetts Natural Heritage Atlas, 13t' Edition. 401 Water Quality Certification, Salt Pond inlet channel and embayment, Yarmouth Transmittal Ns: X236799 Page 3 of 7 Public Notice: The 401 WQC application public notice was published in the Cape Cod Time on May 5, 2011 and the Department received no comment during the 21-day public comment period, which ended on May 26, 2011. Therefore, based on information currently in the record, the Department grants a 401 Water Quality Certification for this project subject to the following conditions to maintain water quality, to minimize impact on waters and wetlands, and to ensure compliance with appropriate state law. The Department further certifies in accordance with 314 CMR 9.00 that there is reasonable assurance the project or activity will be conducted in a manner which will not violate applicable water quality standards (314 CMR 4.00) and other applicable requirements of state law. Finally, the Department has determined that upon satisfying the conditions and mitigation requirements of this approval, the project provides a level of water quality necessary to protect existing uses and accordingly finds that the project to be implemented satisfies the Surface Water Quality Standards at 314 CMR 4.00. 1. The Contractor shall take all steps necessary to assure that the proposed activities will be conducted in a manner that will avoid violations of the anti -degradation provisions of Massachusetts Surface Water Quality Standards that protect all waters, including wetlands. 2. Prior to the start of work or any portion of the work there after, the Department shall be notified of any change(s) in the proposed project or plans that may affect waters or wetlands. The Department will determine whether the change(s) require a revision to this Certification. 3. Dredging in accord with this Certification may begin following the 21-day appeal period and once all other permits have been received. 4. Work in waters and wetlands shall conform to the Description of Proposed Dredging Site and plans, figures submitted in this application to the Department, four sheets prepared by the BSC Group, Inc., dated March 23, 2011 signed and stamped by Craig Field, Professional Land Surveyor. The Department shall be notified if there are modifications and or deletions of work as specified in the plans. Depending on the nature and the scope of any change, approval by the Department may be required. 5. The Department shall be notified, attention Ken Chin 617-292-5893, one week prior to the start of in -water work so that Department staff may inspect the work for compliance with the terms and conditions of this Certification. 6. The Certification remains in effect for the same duration as the federal permit that requires it or five years from the date of issuance of this Certification whichever comes first. 7. Best Management Practices (BMPs) shall be deployed to minimize turbidity. At a minimum, bottom -weighted silt curtain shall be used to surround the dredging area or to place down current of the dredging area at a location that would not bottom out during low tide. Silt curtain shall be of suitable material or grade appropriate with the current velocity at the site. Dredging shall be carried out using a closed, environmental bucket if the sediment does not consist solely of compacted silt/clay. 401 Water Quality Certification, Salt Pond inlet'channel and embayment, Yarmouth Transmittal Ns: X236799 Page 4 of 7 8. For the initial round of dredging, if the dredged material is to be reused as beach nourishment material under the Town of Yarmouth's Comprehensive WQC, the Department shall be notified the beach nourishment location(s) prior commencing the placement of the dredged material. 9. For the initial round of dredging of silty sediment within the Salt Pond, the Department shall be notified in writing of the name and location of the upland licensed facility accepting the dredged material for disposal or reuse as daily cover material. If the licensed facility is located out of state, .documentation shall be provided to the Department that the dredged material disposal/reuse has been approved by the receiving state in accordance with 314 CMR 9.07(13)(b). The dredged material shall not be transported to the facility without concurrence of the Department. 10. A Dredged Material Tracking Form (DMTF) or Material Shipping Record (MSR) shall be used to track the dredged material to the licensed upland facility. A fully executed copy of the DMTF or MSR shall be provided to the Department within 30 days of final shipment to the reused location or facility. 11. Best Management Practices (BMPs) shall be implemented during transportation of the dredged material to the licensed receiving facility. At a minimum, when transported upon public roadways, all dredged material shall have no free liquid as determined by the Paint Filter Test or other suitably analogous methodology acceptable to the Department, and a tarpaulin or other means shall be used to cover the dredged material during transport. 12. Future maintenance dredging of the channel to a depth of -5 feet MLW and Salt Pond to a depth of -3.5 feet MLW may be conducted as necessary for the duration of this Certification, provided that: a. the initial project and any subsequent dredging has been conducted satisfactorily with no violations of the terms and conditions of this Certification, b. documentation of the grain -size distribution of the sediment to be dredged contains less than 10 percent of particles passing the No. 200 U.S. Standard Series Testing Sieve. c. If condition 12b is satisfied, all the dredged material shall be reused at the Great Island Dune Enhancement Disposal site, d. a due -diligence evaluation to determine that no known spills of oil or other toxic substances have occurred which could have contaminated the sediment in the dredge area, e. a bathymetric survey has been submitted to the Department and Mass CZM in compliance with condition no. 14 f. the volume of future maintenance dredging does not exceed 2,182 cubic yards, g. the Department is notified prior to commencement of maintenance dredging. 13. Disposal of any volume of dredged material at any location in tidal waters is subject to approval by this Department and the Massachusetts Coastal Zone Management office. 14. Within 30 days of the completion of the dredging, a bathymetric survey of the channel and Salt Pond, depicting post -dredge conditions shall be conducted. At a minimum, the survey shall include an overlay of the dredge footprint (i.e. top of slope) with sufficient coordinates in the Massachusetts State Plane (e.g. longitude and latitude) that clearly delineates the 401 Water Quality Certification, Salt Pond inlet channel and embayment, Yarmouth Transmittal Ns: X236799 Page 5 of 7 dredge footprint shall be sent to the Department and a copy to the Massachusetts Coastal Zone Management office, attention: Robert Boeri. 15. In order to protect spawning, larval and juvenile development of winter flounder, no dredging shall occur between January 15th and May 31st 16. The applicant, or its contractor, shall make every feasible effort to complete the project within the permitted timeframe. Should the applicant, or its contractor, fail to complete the project and wish to request an amendment to the Certification for incursion into the no - dredge period, the written request shall be received by the Department by January 2"d. The following information shall be included in the request: a. project location and transmittal number, b. the date on which dredging started, c. the number of days and hours per day the dredge operated, d. expected daily average production rate and the actual daily average production rate, e. an explanation of why the project failed to remain on schedule, f. an account of efforts made to get the project back on schedule, g. a plan depicting the areas that remain to be dredged, h. the number of cubic yards that remain to be dredged, i. an accurate estimate of the number of days required to complete the project, j. an evaluation of the impact of continued dredging on the species of concern, k. a description of any efforts that will be made to minimize the impacts of the project on the species of concern, and a realistic assessment of any societal/financial effects of a denial of permission to continue dredging. The Department will share the information with other -resource agencies and a decision to grant or deny the amendment shall be made by January 15th. Requests for amendment received after January 2Id will be considered at the Department's discretion. 17. No later than four weeks after issuance of the Permit, the applicant shall submit a notification procedure outlining the reporting process to the Department for incidents, relating to the dredging activities, impacting surrounding resource areas and habitats such as, but not limited to, observed dead or distressed fish, or other aquatic organisms, observed oily sheen on surface water, sediment spill, turbidity plume beyond the deployed BMP's, and barging or equipment accident/spill. If at any time during implementation of the project, all site related activities impacting the water shall cease until the source of the problem is identified and adequate mitigating measures employed to the satisfaction of the Department. This certification does not relieve the applicant of the obligation to comply with other applicable state or federal statutes or regulations. Any changes made to the project as described in the previously submitted Notice of Intent, 401 Water Quality Certification application, or supplemental documents will require further notification to the Department. Certain persons shall have a right to request an adjudicatory hearing concerning certifications by the Department when an application is required: 401 Water Quality Certification, Salt Pond inlet channel and embayment, Yarmouth Transmittal Ns: X236799 Page 6 of 7 a. the applicant or property owner; b. any person aggrieved by the decision who has submitted written comments during the public comment period; c. any ten (10) persons of the Commonwealth pursuant to M.G.L. c.30A where a group member has submitted written comments during the public comment period; or d. any governmental body or private organization with a mandate to protect the environment, which has submitted written comments during the public comment period. Any person aggrieved, any ten (10) persons of the Commonwealth, or a governmental body or private organization with a mandate to protect the environment may appeal without having submitted written comments during the public comment period only when the claim is based on new substantive issues arising from material changes to the scope or impact of the.activity and not apparent at the time of public notice. To request an adjudicatory hearing pursuant to M.G.L. c.30A, § 10, a Notice of Claim must be made in writing, provided that the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee specified within 310 CMR 4.10 along with a DEP Fee Transmittal Form within twenty-one (21) days from the date of issuance of this Certificate, and addressed to: Case Administrator Department of Environmental Protection One Winter Street, 2"d Floor Boston, MA 02108. A copy of the request shall at the same time be sent by certified mail or hand delivery to the issuing office of the Wetlands and Waterways Program at: Department of Environmental Protection One Winter Street, 5t' Floor Boston, MA-02108. A Notice of Claim for Adjudicatory Hearing shall comply with the Department's Rules for Adjudicatory Proceedings, 310 CMR 1.01(6), and shall contain the following information pursuant to 314 CMR 9.10(3): a. the 401 Certification Transmittal Number and DEP Wetlands Protection Act File Number; b. the complete name of the applicant and address of the project; c. the complete name, address, and fax and telephone numbers of the party filing the request, and, if represented by counsel or other representative, the name, fax and telephone numbers, and address of the attorney; d. if claiming to be a party aggrieved, the specific facts that demonstrate that the party satisfies the definition of "aggrieved person" found at 314 CMR 9.02; e. a clear and concise statement that an adjudicatory hearing is being requested; f. a clear and concise statement of (1) the facts which are grounds for the proceedings, (2) the objections to this Certificate, including specifically the manner in which it is alleged to be inconsistent with the Department's Water Quality Regulations, 314 CMR 9.00, and (3) the relief sought through the adjudicatory hearing, including specifically the changes desired in the final written Certification; and g. a statement that a copy of the request has been sent by certified mail or hand delivery to the applicant, the owner (if different from the applicant), the conservation commission of the city or town where the. activity will occur, the Department of Environmental 401 Water Quality Certification, Salt Pond inlet channel and embayment, Yarmouth Transmittal Ne: X236799 Page 7 of 7 Management (when the certificate concerns projects in Areas of Critical Environmental Concern), the public or private water supplier where the project is located (when the certificate concerns projects in Outstanding Resource Waters), and any other entity with responsibility for the resource where the project is located. The hearing request along with a DEP Fee Transmittal Form and a valid check or money order payable to the Commonwealth of Massachusetts in the amount of one hundred dollars ($100) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection Commonwealth Master Lockbox P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adj udicatory-hea ring filing fee pursuant to 310 CMR 4.06(2) for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file an affidavit setting forth the facts believed to support the claim of undue financial hardship together with the hearing request as provided above. Failure to comply with this certification is grounds for enforcement, including civil and criminal penalties, under MGL c.21 §42, 314 CMR 9.00, MGL c. 21A §16, 310 CMR 5.00, or other possible actions/penalties as authorized by the General Laws of the Commonwealth. If you have questions about this decision, please contact Ken Chin at 617-292-5893. Sincerely, . Awl. 1011, Ann Lowery Deputy Assistant Commissioner Bureau of Resource Protection enclosure: Departmental Action Fee Transmittal Form Material Shipment Record (MSR) cc: Karen Adams, Regulatory/Enforcement Division, U.S. Army Corps of Engineers, 696 Virginia Road, Concord, MA 01742-2751 Robert Boeri, CZM, 251 Causeway Street, Suite 800, Boston, MA 02114 Eileen Feeney, DMF, 1213 Purchase St., 3rd floor, New Bedford, MA 02740-6694 David Hill, Liz Kouloheras, DEP SERO Yarmouth Conservation Commission, 1146 Route 28, South Yarmouth, MA 02664 Norman Hayes, 349 Main St, Unit D, West Yarmouth, MA 02673 KC/X23 6799 Page 1 of 1 Clark, Sandi From: Clark, Sandi Sent: Wednesday, April 20, 2011 2:20 PM To: Hall, Brad Subject: FW: Question From: Matthew Creighton[mailto:MCreighton@BSCGroup.com] Sent: Wednesday, April 20, 2011 2:18 PM To: Clark, Sandi Subject: Question Hi Sandi: I have a question for you. Not sure if your still helping with Conservation but I received an Order of Conditions from Brad before he left (SE 83-1890) for Tim Grimes. When I went to record it we found out Tim's wife was the listed owner (not Tim) and we couldn't record. I was hoping you could take the property owners for the abutters off the order and just add Carolyn F. Grimes, 84 Dartmouth Street, Boston, MA 02116-6013 as the additional property owner. The project is dredging Salt Pond and originally we had all abutters listed but we are only recording on the Grimes property. I hope your doing well. Give me a call at 508-778-8919 to discuss. Thanks your the best, Matt Matthew Creighton, WPrr Environmental Scientist BSC Group 349 Route 28, Unit D West Yarmouth, MA 02673 (508) 778-8919 fax. • (508) 778-8966 () vjl/(� t� 12 / // 4/20/2011 v . 1 Doc 1 Y 166 Y 4 50 05-23-2011 9--50 BARNSTABLE LAND COURT REGISTRY Massachusetts Department of Environmental Protection Provided by MassDEP: of Resource Protection - Wetlands SE-83-1890 LlBureau WPA Form 5 — Order of Conditions MassDEPFile # Massachusetts Wetlands Protection Act M.G.L. c. 131, 540 eDEP Transaction # Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth Cityrrown A. Genera! Information Please note: Yarmouth this form has been modified 1. From: Conservation Commission with added space to 2. This issuance is for a. ®Order of Conditions b. ❑ Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Timothy Grimes Important: a. First Name b. Last Name When filling out forms c. Organization on the 84 Dartmouth Street computer; use only the d. Mailing Address tab key to Boston MA 02116-6013 move your e. Cityfrown f. State g. Zip Code cursor - do not use the 4. Property Owner (if different from applicant): return key. Carolyn F. Grimes ,�� — ICI a. First Name b. Last Name c. Organization 84 Dartmouth Street d. Mailing Address Boston MA 02116-6013 e. Cityrrowri f. State g. Zip Code 5. Project Location: 33 Cove Road West Yarmouth a. Street Address b. Cityfrown 14 45 c. Assessors Map/Plat Number d. ParceULot Number 48d38m04s 70d14m25s Latitude and Longitude, if known: d. Latitude e. Longitude Wpaform5.doc • rev. 0511912010 Page 1 of 12 C� Massachusetts Department of Environmental Protection Provided by MassDEP: of Resource Protection - Wetlands SE-83-1890 WPA Form 5 — Order of Conditions LlBureau MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth Cityfrown G. Recording Information Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Yarmouth Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Yarmouth Conservation Commission Please be advised that the Order of Conditions for the Project at: 33 Cove Road, West Yarmouth, MA Project Location Has been recorded at the Registry of Deeds of: Barnstable County for: Carolyn F. Grimes Property Owner SE-83-1890 MassDEP File Number Book and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: March 9, 2011 Date If recorded land, the instrument number identifying this transaction is: Instrument Number Page - If registered land, the document number Identifying this transaction is: Doc = 1 s 166, P 450 05-23-2011 9 = 50 Document Number BARNSTABLEI $ T R Y Signature of Applicant wpeform5.doc • rev. 05/1912010 Page 12 of 12 P �c �-�7467 Massachusetts uepartirrce,,6 _. _.. _ __ _ Alon Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 A. General Information Please note: Yarmouth Provided by MassDEP: SE-83-1890 MassDEP File # eDEP Transaction # Yarmouth City/Town una iunn nab I. rl ul I I. been modified Conservation Commission with added 2. This issuance is for space to (check one): a. ®Order of Conditions b. ❑ Amended Order of Conditions accommodate the Registry of Deeds 3. To: Applicant: Requirements Timothy Grimes a. First Name b. Last Name Important: When filling out forms c. Organization on the 84 Dartmouth Street computer, use only the d. Mailing Address tab key to Boston move your e. Cityrrown cursor - do not use the 4. Property Owner (if different from applicant): return key. See attached sheet for multible owners 4:1 a. First Name new c, Organization d. Mailing Address e. Cityrrown 5. Project Location: 33 Cove Road West Yarmouth a. Street Address b. City/Town 14 45 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 48d38m04s d. Latitude MA f. State b. Last Name f. State g. Zip Code 70d14m25s e. Longitude wpaform5.doc • rev. 05/19/2010 Page 1 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 A. General Information (cont.) Provided by MassDEP: SE-83-1890 MassDEP File # eDEP Transaction # Yarmouth Cityrrown 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Barnstable LCC 123681, LCP 14426-H, Lot 67 8. a. County b. Certificate Number (if registered land) c. Book d. Page November 12, 2010 March 3, 2011 March 9, 2011 Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plan to Accompany a Notice of Intent for Timothy Grimes a. Plan Title BSC Group Craig Field b. Prepared By c. Signed and Stamped by December 5, 2010 1 inch = 20 feet d. Final Revision Date e. Scale f. Additional Plan or Document Title B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: g. Date Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act (the Act). Check all that apply: a. ❑ Public Water Supply b. ® Land Containing Shellfish c. ❑ Prevention of Pollution d. ❑ Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ❑ Groundwater Supply h. ® Storm Damage Prevention I. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. wpaform5.doc • rev. 05/19/2010 Page 2 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 B. Findings (cont.) Denied because: Provided by MassDEP: SE-83-1890 MassDEP File # eDEP Transaction # Yarmouth Cityrrown b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CM 10.05(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement a. ❑ Bank 5. ❑ Bordering Vegetated Wetland s. ❑ Land Under Waterbodies and Waterways 7. ❑ Bordering Land Subject to Flooding Cubic Feet Flood Storage a. ❑ Isolated Land Subject to Flooding Cubic Feet Flood Storage 9. ❑ Riverfront Area Sq ft within 100 ft Sq ft between 100- 200 ft a. linear feet b. linear feet c. linear feet d. linear feet a. ayuaav �cca .�. aya. .v wva ,,. ,,y.. ......... ................._. a. ayua�c avca v..�y.aa.v .a.c.a ... ,,y.. .....,... ,....y............. e. c/y dredged f. c/y dredged a. square feet b. square feet c. square feet d. square feet e. cubic feet f. cubic feet g. cubic feet h. cubic feet a. square feet b. square feet a.. a.uun. 1cca u. a.-- .................. ........... ...... b. total sq. feet n tnfal en foot d. square feet a one fora foot f. square feet r cm mra foot h. square feet i ern inro foot j. square feet n cno inro foot wpaform5.doc • rev 05/19/2010 Page 3 of 12 4 Massachusetts Department of Environmental Protection LLIBureau of Resource Protection - Wetlands I WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 B. Findings (cont.) Provided by MassDEP: SE-83-1890 MassDEP File # eDEP Transaction # Yarmouth City/Town Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ® Land Under the 27,526 27,526 Ocean a. square feet b. square feet 2470 2470 c. c/y dredged d. c/y dredged ® Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes 12. below ® Coastal Beaches 5000 5000 1000 cu yd 1000 cu yd 13. a. square feet b. square feet c. nourishment d. nourishment ® Coastal Dunes 9154 9154 500 cu yd 500 cu yd 14. a. square feet b. square feet c. nourishment d. nourishment 15. ❑ Coastal Banks a. linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a. square feet b. square feet 17. ❑ Salt Marshes a. square feet b. square feet c. square feet d. square feet 18. ❑ Land Under Salt Ponds a. square feet b. square feet c. c/y dredged d. c/y dredged 19. ® Land Containing 27,526 27,526 Shellfish a. square feet b. square feet c. square feet d. square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 21. ® Land Subject to Coastal Storm Flowage d. lily uluuycu U. uy %At a Yc 41,680 41,680 a. square feet b. square feet wpaform5.doc • rev. 05/19/2010 Page 4 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 B. Findings (cont.) " #22. If the 22 project is for the purpose of restoring or enhancing a wetland resource area 23• in addition to the square footage that has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BVW) or The following conditions are only applicable to Approved projects. B.17.c (Salt Marsh) above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter the additional regulatory measures, shall be deemed cause to revoke or modify this Order. g y amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Provided by MassDEP: SE-83-1890 MassDEP File # eDEP Transaction # Yarmouth City/Town ❑ Restoration/Enhancement *: a. square feet of BVW ❑ Stream Crossing(s): a. number of new stream crossings b. square feet of salt marsh b. number of replacement stream crossings 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. wpaform5.doc • rev. 05/19/2010 Page 5 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE-83-1890 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number SE-83-1890 " 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. wpaform5.doc • rev. 05119/2010 Page 6 of 12 Massachusetts Department of Environmental Protection LlBureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE-83-1890 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order (the "Project') is (1) ❑ is not (2) ® subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion. wpaform5.doc • rev. 05/19/2010 Page 7 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE-83-1890 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi -Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.doc - rev. 05/19/2010 Page 8 of 12 'L Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE-83-1890 MassDEP File # eDEP Transaction # Yarmouth Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission') upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): wpaform5.doc • rev. 0511912010 Page 9 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE-83-1890 MassDEP File # eDEP Transaction # Yarmouth City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Yarmouth hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1. Municipal Ordinance or Bylaw 2. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Yarmouth Wetland By -Law Chapter 143 1. Municipal Ordinance or Bylaw 2. Citation 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See attached text page(s) wpaform5.doc • rev. 05/19/2010 Page 10 of 12 WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10A OF 12 SE-83-1890, Timothy Grimes, 33 Cove Road, West Yarmouth, MA 1. The applicant shall be responsible for having a copy of the "Orders of Conditions" on the job site at all times. Failure to do so may result in the revocation of these "Orders", a fine or both. 2. The Conservation Commission, it's agents or assigns, shall have the express right of entry upon the job site at all reasonable times for the purposes of establishing "compliance" with the conditions stated herein. 3. Upon completion of the project, a "Certificate of Compliance" shall be requested in writing. This "Order of Conditions" shall be considered incomplete until the "Certificate of Compliance" is issued and recorded at the Registry of Deeds. 4. Any plan changes whatsoever must be brought to the attention of the Conservation Administrator prior to implementation of such change. Failure to do so may result in the revocation of these "Orders, a fine or both. 5. A pre -construction review shall be arranged by the contractor with the Conservation Administrator. This review shall occur prior to any work. 6. Applicants are reminded that these "Orders" are only valid for 3 years from their date of issue, unless otherwise specifically noted within the "Orders". Extension Permit requests must be applied for at least 30 calendar days prior to the expiration of the original "Orders". Failure to do so will result in a new "Notice of Intent" filing. Continued........ . SPECIAL CONDITIONS CONTINUED PAGE 10B OF 12 SE 83-1890, Timothy Grimes 33 Cove Road, West Yarmouth, MA 7. Any sand used for beach nourishment shall be of compatible grain size. 8. Any excess material that is excavated from the job site shall be disposed of at a location approved by the Conservation Administrator. 9. All imported fill shall be clean and not contain any foreign debris such as cement, bituminous concrete, rubber, metal, trash, bolders, etc. Bolders will be allowed in specific instances if part of the project design. 10. A "work limit" line shall be established with haybales, silt fence or both. The Conservation Administrator shall make this final determination of which material shall be provided and the extent of such material. 11. All shellfish within the footprint of the proposed dredge area shall be removed under the direction of the Yarmouth Natural Resources Division, at the applicant's expense. Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands S'e-�r 3 — ! 8 t o WPA Form 5 — Order of Conditions LI MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By -Law, Chapter 143 Yarmouth CityfTown E. Signatures This Order is valid for three years, unless otherwise specified as a specialG��iit 9�10 condition pursuant to General Conditions #4, from the date of issuance. 1. Date of Issu nce Please indicate the number of members who will sign this form. CQ This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Sigl U Uy rldl,U UUIIvUl y U1I Date F. Appeals Wby certified mail, return receipt requested, on jq Date The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpaform5.doc • rev. 05/19/2010 Page 11 of 12 Massachusetts Department of Environmental Protection LlBureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 G. Recording Information Provided by MassDEP: SE-83-1890 MassDEP File # eDEP Transaction # Yarmouth Cityrrown Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Yarmouth Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Yarmouth Conservation Commission Please be advised that the Order of Conditions for the Project at: 33 Cove Road, West Yarmouth, MA SE-83-1890 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Barnstable County Book Page for: Timothy Grimes Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: March 9, 2011 Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc - rev. 05/19/2010 Page 12 of 12 OWNERSHIP INFORMATION Timothy Grimes 84 Dartmouth Street Boston, MA 02116 Bob O'Neil 6 Andover Country Club Lane Andover, MA 01810 David Maher 900 Capital Park Avenue #202 Salt Lake City, UT 84103 Great Island Homeowners Association P.O. Box 895 West Yarmouth, MA 02673 I Massachusetts Department of Environmental Protection LlBureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE-83-1890 MassDEP File # eDEP Transaction # Yarmouth Cityrrown A. General Information Please note: Yarmouth this form has 1. From: been modified Conservation Commission with added 2. This issuance is for space to a. ®Order of Conditions b. ❑ Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Timothy a. First Name Important: When filling out forms c. Organization on the 84 Dartmouth Street computer, use only the d. Mailing Address tab key to Boston move your e. City/Town cursor - do not use the 4. Property Owner (if different from applicant): return key. See attached sheet for multible owners Q a. First Name c. Organization d. Mailing Address e. City/Town 5. Project Location: 33 Cove Road a. Street Address 14 c. Assessors Map/Plat Number Latitude and Longitude, if known: Grimes b. Last Name MA f. State b. Last Name f. State g. Zip Code West Yarmouth b. Cityrrown 45 d. Parcel/Lot Number 48d38m04s d. Latitude 70d 14m25s e. Longitude wpaform5.doc • rev. 05/19/2010 Page 1 of 12 Massachusetts Department of Environmental Protection L1Bureau of Resource Protection - Wetlands 1 WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 Provided by MassDEP: SE-83-1890 MassDEP File # eDEP Transaction # Yarmouth Cityrrown A. General Information (cont.) 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Barnstable LCC 123681, LCP 14426-H, Lot 67 a. County b. Certificate Number (if registered land) c. Book d. Page November 12, 2010 March 3, 2011 March 9, 2011 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plan to Accompany a Notice of Intent for Timothy Grimes a. Plan Title BSC Group Craig Field b. Prepared By c. Signed and Stamped by December 5, 2010 1 inch = 20 feet d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act (the Act). Check all that apply: a. ❑ Public Water Supply b. ® Land Containing Shellfish c. ❑ Prevention of Pollution d. ❑ Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ❑ Groundwater Supply h. ® Storm Damage Prevention I. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. wpaform5.doc • rev. 05/19/2010 Page 2 of 12