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HomeMy WebLinkAbout271 Setucket Road, SE83-2165, OOCMassachusetts 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 [rassDEP: sE83-2165 MassDEP File # eOEP Transaction # Yarmouth City/Town A. General lnformation Yarmouth with added the Regislry of Oeeds r. From Conservation Commission 2. This issuance is for (check one): 3. To: Applicant: Paul C. & Susan A a. Xorder of Conditions b. ! Amended Order of Conditions Butka a. First Name b. Last Name c. Organization 8 Hubley Lane lmportant: When filling out forms on the computer, use only the tab key to move yoL/r cursor - do not use the retum key. d. Mailing Address Southborough MA o1772-1951 e. City/Town 4. Property Owner (if different from applicant): f. State g. Zip Code a. Firsl Name b. Last Name *,4 c. Organization d. l\,4ailing Address f. State Yarmouth Port, NIA g. Zip Code a. Street Address 137 b. City/Town 71 c- Assessors Map/Plat Number Latitude and Longitude, if known: d. Parcel/Lot Number dms d S rpalorm5doc. rer 11h212014 d. Latitude e. Longitude m e. City/Town 5. Project Location: 271 Setucket Road Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Gonditions Massachusetts Wetlands Protection Act M.G.L. c. 131 , $40 Town of Yarmouth Wetland By-law, Chapter 143 Provided by MassDEP sE83-2165 MassDEP File # eDEP Transaction # Yarmouth City/Town A. General lnformation (cont.) 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Barnstable Doc 1 196631 a. County b. Certificate Number (if registered land) c. Book 7. Dates B d. Page 7119118715118 8122t18 a. Date Notice of lnlent Filed b. Date Public Hearing Closed c. Date of lssuance Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plan Showing Existing Site conditions & Plan Showing Site lmprovements a. Plan Title Coastal Engineering Co., lnc Catherine C. Ricks b. Prepared By 6t18118 & 7t5118 c. Signed and Stamped by see plan d. Fina Revision Date e. Scale Mitiqation Plan by Crawford Land Management 8/9i 1 8 f Additionel Plen or DocumentTitle g. Date a d I 2 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review ofthe above-referenced Notice of lntent 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: E public water supply u. E Land containing shellfish c' X Prevention of Pollution X private water supply e. E Fisheries f X Protection of Wildlife Habitat X Groundwater Supply t'. X Storm Damage Prevention i. X Flood Control This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ". X 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 lntent 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 lntent, these conditions shall control. wpaform5.doc. er 11112/2414 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 sE83-2165 MassDEP File # eDEP Transaction # Yarmouth City/Town b B. Findings (cont.) Denied because ! the proposed work cannot be condataoned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not 9o forward unless and until a new Notice of lntent 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. E 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 lntent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interesls, 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 CMR 10.05(6Xc). E Buffer Zone lmpacts: Shortest distance between limit of project dlsturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linearfeet lnland Resource Area lmpacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted ProposedAlteration Alteration Replacement +. E Bank s. n Bordering vegetated wetlando. n Land Under Waterbodies and Waterways 3 Permitted Replacement a. linear feet b. linear feet c. linear feet a- square feet b. square feet c. square feet d. square feet a. square feet c. square feet d. square feet ;rt d,"As;J b. square feet f. dyd*dr"d 8. 9 E Bordering Land Subject to Flooding Cubic Feet Flood Storage E lsolated Land Subject to Flooding Cubic Feet Flood Storage E Riverfront Area Sq ft within 100 ft a. square feet e. cubrc'feet ". "q,r-" f""t c. cubic feet a. total sq. feet b. square feet d. "rbi"' f""t - t. t"t"kqJ*t 7 b. square feet f. "rbi" f""t c. square leet ,-rrbi" f""t d. square feet h- cubic feet e. cubic feet f. cubic feet c. square feet d- square feet e. square feel f. square feet J. "qr"* f.et wDalorms.doc' ev 11/12120'14 Sq ft between 100- 200lt \.. d,l,near feet g. square feet h. square feet i. square feet Provided by MassDEP sE83-2165 MassDEP File # eDEP lransaction # Yarmouth City/Town B. Findings (cont.) Coastal Resource Area lmpacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed PermittedAlteration Alteration Replacement Replacement ro. n Designated Portit;- " - - - - lndicate size under Land Under the Ocean, below rr. D Land Under the Ocean a. square feet b. square feet rz. ! Barrier Beaches c. c/y dredged d. cry dredged lndicate size under Coastal Beaches and/or Coastal Dunes below cu yd cu yd13. E Coastal Beaches a. square feet b. square feet c. nourishment cu yd d. nourishment cu ydi4. E Coastal Dunes 15. X Coastal Banks i6. E Rocky lntertidal Shores 17. E Salt Marshes ra. E Land Under Salt Ponds 19. E Land Containing Shellfish zo. n Fish Runs 21. E Land Subject to Coastal Storm Flowage a. square feet 4,377 sf b. square feet 4,377 sf c. nourishment d. nourishment a. linear feet b. linear feet a. square feet b. square feet a. square feet b. square feet c. square feet d. squaae feet a. square feet b. square feet c. c/y dredged d. c,/y dredged a. square feet b. square feet c. square feet d. square feet lndicate size under Coastal Banks, lnland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a. dy dredged b. c/y dredged a. square feet b. square feet wpalorms doc. rcv. 1111212014 i 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 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 sE83-2165 MassDEP File # eDEP Transaction # Yarmouth City/Town B. Findings (cont.) 22. E Restoration/Enhancement ** *22. $ the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section 8.5.c (BVW) or B.'17.c (Salt a. square feet of B\ryV zs. E Stream Crossing(s) b. square feet of salt marsh Marsh)above. 1please enler the additional amount here. 2 a. number of new stream crossings b. number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 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. 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. 4. Thework authorized hereunder shall be completed within three years from thedateof this Order unless either of the following apply:a. The work is a maintenance dredging project as provided for in the Act; orb. 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. lf 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.c. lf the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. 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. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 cMR 10.0s(11X0. 3 wpalorms doc . rcv 11/1212014 6. lf 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. MassachusetG Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Gonditions Massachusetts Wetlands Protection Act M.G.L. c. 131 , $40 Town of Yarmouth Wetland By-law, Chapter '143 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act 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. 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. ln the case of recorded land, the Final Order shall also be noted in the Registry's Grantor lndex under the name of the owner of lhe land upon which the proposed work is to be done. ln the case ofthe 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 commencemenl oi 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, "Massachuselts Department of Environmental Protection' [or, "MassDEP"] "File Number SE83-2165 11. Where the Deparlment 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 identifled 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 lntent. 15. The Agent or members ofthe 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 conlrol of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. wpaforms doc. rcr 11h212014 Provided by MassDEP: sE83-2165 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 MassDEP File # eDEP Transaction # Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 'l 7. 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. 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. 19. The work associated with this Order (the "Project') (1 ) X is sublect to the Massachusetls Stormwater Standards (2) E is NOT subject to the Massachusetts Stormwater Standards lf 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: /. 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 slructures; ,,. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; ,r. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; wpaiorms doc. rcv. 1 1 t1 212014 Provided by MassDEP: sE83-2165 \- I 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 MassDEP File # eDEP Transaction # Yarmouth Cityftown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) ly. all posGconstruction 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; y. any vegetation associated with postconstruction BMPs is suitably established to withstand erosion. 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 jmplementing 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 longterm 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 Multl-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easemenl, 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 1 8(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. ln the case of stormwater BMPs that are serving more lhan 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 slormwater BMPS in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpalorms.doc. ev. 1 1 11212014 Provided by MassDEP: sE83-216s 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 City/Town 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 stormwaler 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 lhe Conservation Commission ("Commission") upon request; and3. 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) lllicit discharges lo the slormwater 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 lmpact Site Design Credit (as defined in the MassDEP Stormwaler Handbook, Volume 3, Chapter 1, Low lmpact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. l) 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): 20. For Test Projects subject to 310 CM R 10.05(1 1 ), the applicant shall also implement the monitoring plan and the restoralion plan submitted with the Notice of lntent. lf the conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of lntent or modify the project as directed by the conservation commission or the Department. Provided by MassDEP sE83-2165 MassDEP File # eDEP Transaction # Yarmouth wpaforms doc . rc\. 1111212014 E Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act [\il.G.L. c. 131, $40 Town of Yarmouth Wetland By-law, Chapter 143 Provided by MassDEP sE83-2165 MassDEP File # eDEP Transaction # Yarmouth City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance ls a municipal wetlands bylaw or ordinance applicable? X Yes n No 2. The Yarmouth hereby finds (check one that applies) Conservation Commission E that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: a b 1. Municipal Ordinance or Bylaw 2. Citation Therefore, work on this pro.iect may not go forward unless and until a revised Notice of lntent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. X that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Yarmouth Wetland By-Law, Chapter 143 1. l,.4unicipal Ordinance or Bylaw 2. Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of lntent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of lntent, 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 pages 1 0A and 108 of 12 3 wpalorms.doc. tev. 1 1 11212014 WPA FORM s-ORDER OF CONDITIONS SPECIAL CONDITIONS-PAGE 1OA OF 12 SE83-2165, Susan and Paul Butka 271 Setucket Road, Yarmouth, MA The applicanvowner shall be responsible for having a copy of the "Order of Conditions" on the job site at all times and shall be responsible for insuring that all persons performing the permitted activity are fully aware of its terms and conditions. Failure to do so may result in the revocation of these "Orders", a fine or both. 2. The Conservation Commission, its agent(s) or assigned(s) shall have the express right of entry upon the job site at all reasonable times for the purposes of establishing compliance with the "Order of Conditions", "By-Laws" and "Regulations". Commission members and the Conservation Administrator may acquire any information, measurements, photographs, observations and/or materials or may require the submittal of any data/information deemed necessary by this Commission for that evaluation. 3. A preconstruction review shall be arranged bythe contractor with the Conservation Administrator and shall occur prior to the commencement of any work. 4. Any change in the approved plan(s) shall require the Appllcant to file, in writing, a notice of project change with this Commission. The Commission will determine the signiflcance of the change and determine whether administrative approval or an "Amended Order of Conditions" is required. Should the project be changed without permission, or found by the Yarmouth Conservalion Commission to be altered in any way from the approved plan(s), all work will immediately cease until the project is reapproved by the Commission. 5. The "Order of Conditions" is valid for three years from the date of issuance unless otherwise specifically noted in the "Orders". Extension Permit requests must be applied for at least 30 calendar days prior to the expiration date of the original Orders". Failure to do so will result in a new "Notice of lntent" filing. 6. Noncompliance with these conditions shall constitute grounds for an Enforcement Order and possible fines. Fines shall not exceed $300.00 per daylper violation. 7. A "work limit" line shall be established with Erosion Controls (i.e straw bales, staked filter fabric, bark mulch, "silt sacks," products made with rice straw, and other weed-free products or approved by the Commission.) Hay bales are not allowed. lt is the applicant's responsibility to implement and maintain appropriate and adequate erosion controls measures throughout the construction process. 8. No work of any kind shall occur on the Resource Area side of the work limit line, except for the removal of landscape debris that has been dumped. This line shall be established prior to any construction or work. 9. All imported fill shall be clean and not conlain any foreign debris such as cement, bituminous concrele, rubber, metal, trash, boulders, etc. Boulders will be allowed in specific instances if part of the project design. 10. Debris, including litter, shall be picked up immediately. Any excess material that is excavated from the job site shall be disposed of at a location approved by the Conservation Administrator or in a covered dumpster. No debris shall be allowed in a Wetland or Waterway. WPA FORM s.ORDER OF CONDITIONS SPECIAL CONDITIONS-PAGE 1OB OF 12 SE83-2165, Susan and Paul Butka 271 Setucket Road, Yarmouth, MA 11. Washing of equipmenvtools shall be done OFF-SITE or handled in a manner appropriate by the Conservation Adm inistrator. 12. No equipment shall be refueled, nor shall fuel be stored within 100 feet of a resource area. 13. Grading shall be accompllshed so that runoff shall not be directed to the property of others. The project shall not increase runoff, nor cause flooding or storm damage to abutters other property owners or wetland Resource Areas. 14. Any area that is disturbed during construction shall be revegetated immediately or as soon afier as the growing season commences, with appropriate native plantings. Permanent stabilization shall be carried out in order to minimize erosion. 15. A native vegetated buffer shall be planted per the restoration plan submitted by Crawford Land Management and shall be maintained by a qualified ecological restoration company for the life of this order. This native vegetated buffer shall remain in-perpetuity, beyond the issuance of a Certificate of Compliance. The applicant must wait 3 years before the Request for a Certificate of Compliance rs submitted. During this time period, the Comm ission/Conservation Administrator may require additional plantings if it is determined that any specimens are dead or dying and need replacement. 16. Landscape Debris, including leaves, grass clippings, brush, or other shall not be allowed within the welland resource area. This is an on-going condition that does not expire with the issuance of a Certificate of Compliance. 17. A stamped "As Built Plan" shall be certified by the Design Engineer (Massachusetts registered Professional Engineer or Land Surveyor) and will certify that this project has been completed in accordance with the "Order of Conditions" before a Certificate of Compliance will be issued. The as- built plan shall indicate the gradients, distances to the resource areas, and other pertinent information described in the application and approved plans. Any deviation from the approved plan shall be identifled. 18. Upon completion of the project, a "Request for a "Certificate of Compliance" shall be submitted by the applicant to the Conservation Commission for review. The "Order of Conditions" shall be considered incomplete until the "Certificate of Compliance" is issued by the Conservation Commission and recorded at the Registry of Deeds. 19. The approved restoration work includes remediation of disturbance on the abutting property at 34 Follins Pond Road. No Order of Conditions is being issued for that property. The applicant is responsible for restoring the area within the encroachment. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act lttl.G.L. c. 131, $40 Town of Yarmouth Wetland By-law, Chapter 143 Provided by MassDEP sE83-2165 N.4assDEP File # eDEP Transaction # Yarmouth City/Town E. Signatures This Order is valid for three years, unless otheMise specified as a special condilion pursuant to General Conditions #4, from the date of issuance. Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. alTzlra '1. Date of lssuance 5 2. Number of Signers The Order must be mailed by certifed mail (retum receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time e appropriate Departme Environmental Prolection Regional Off;ce, if not filing el from applicant. , and the property different Signatu S 4 ./ ./, E by hand delivery on E by certified mail, return receipt requested, on Date Date 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, S 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. wpalorm5 doc. rcr. 1 1 11212414 q I.x F. Appeals 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 certifled mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for 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. 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 sE83-216s MassDEP File # eDEP Transaction # Yarmouth City/Town 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. ln the case of recorded land, the Final Order shall also be noted in the Registry's Grantor lndex under the name of the owner of the land subject to the Order. ln 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 To Yarmouth Conservation Commission Please be advised that the Order of Conditions for the Project at: 271 Setucket Road SE83-2165 Project Location Has been recorded at the Registry of Deeds of Barnstable MassDEP File Number County Book for Property Owner and has been noted in the chain of title of the affected property in Page Book Page ln accordance with the Order of Conditions issued on: Date lf recorded land, the instrument number identifying this transaction is lnstrument NLrmber lf registered land, the document number identifying this transaction is Signature of Applicant wpalorms.doc. rcv. 1 1 11 21201 4 )!. G. Recording Information Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. Document Number Massachusetts Department of E nvironmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmitta! Form Massachusetts Wetlands Protection Act M.G.L. c. 131 , $40 DEP File Number: Provided by DEP A. Request lnformation 1. Location of Project a- Street Address b. City/Town, Zip c. Check number d. Fee amount 2. Person or party making request (if appropriate, name the citizen group's representative) Name lmportant: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Mailing Address City/Town Stale Zip Code Phone NLrmber Fax Number (if applicable) 3. Applicant (as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance (Form 6)): Name Mailing Address City/Town State Zip Code Phone Number 4. DEP File Number Fax Number (if applicable) B. lnstructions 1 . When the Departmental action requesl is for (check one): fl Superseding Order of Conditions - Fee: $120-00 (single family house projects) or 9245 (all other projects ) n Superseding Determination of Applicability - Fee: $120 ! Superseding Order of Resource Area Delineation - Fee: 9120 wpafoms.dc. rcr 11 l1Z2O14 ffi Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmenta! Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131 , $40 DEP File Number: Provided by DEP B. lnstructions (cont.) Send this form and check or money order, payable to the Commonwealth ofMassachusefls, to Department of Environmental Protection Box 4062 Boston, MA 0221 1 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusefts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see htto://www. mass.qov/eea/aoencies/massdeo/abouUcontacts/). 4. 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. wpatorms doc . ev 1111212014