HomeMy WebLinkAboutSE83-2204 OOC recordedDaa 1r377r007 05-22-2019 1:33
BARNSTAB,LE LAND COURT REGISTRY
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Important:
When filling
out forms on c. Organization
the
Massachusetts Department of Environmental Protection
Provided by MassDEP:
d. Mailing Address
tab key to
Bureau of Resource Protection - Wetlands
SE83-2204
� _- •
cursor - do
MassDEP Fite #
,
return
WPA Form 5 -Order of Conditions
nkey.
First Name
40-1
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEPTransaction #
_
Town of Yarmouth Wetland By-law, Chapter 143
Yarmouth .—
City/Town
A. General Information
Please note:
Yarmouth
thisn modifiednsnorm has
bee
1. From: Coervation 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
Thomas & Denise Thibaut
a. First Name b. Last Name
Important:
When filling
out forms on c. Organization
the
10 Glen Circle
computer,
use only the
d. Mailing Address
tab key to
Waltham
move your
e. Clty/Town
cursor - do
not use the
4. Property Owner (if different from applicant):
return
nkey.
First Name
40-1
c. Organization
d. Mailing Address
e. city/ i own
s. Project Location:
206 Blue Rock Road
a. Street Address
101
c. Assessors Map/Plat Number
Latitude and Longitude, if known;
wpeform5.doc • rev. 11l12/2014
MA
f. State
b. Last Name
f. State
02451__
g. Zip Code
g. Zip Code
South Yarmouth
b. City/Town
_ 165
d. Parcel/Lot Number
41d41m18.6678s Jod10m0.7284s
d. Latitude e. Longitude
Page 1 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands SE83-2204
MassDEP File #
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
Town of Yarmouth Wetland By-law, Chapter 143Yarmouth
cityrrown
A. General Information (cont.)
6. Property recorded at the Registry of Deeds for (attach additional information if more than
one parcel):
_Barnstable _CTF. 219238, L.C. 28477-B _
a. County b. Certificate Number (if registered land)
c. Book d. Page
7118119 _ 811119 816119
7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance
e. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Plan of Land
a. Plan Title
BSC Group, Inc. Craig Field, PLS
b. Prepared By c. Signed and Stamped by
7116119 1"=20'
d. Final Revision Date e. Scale v
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:
Pa. ® 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.11l1212014 Page 2 of 12
Massachusetts Department of Environmental Protection
Provided by MassDEP:
Bureau of Resource Protection - Wetlands
SE83-2204
MassDEP File #
WPA Form 5 - Order of Conditions
a. square feet
t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
t
eDEP Transaction #
Town of Yarmouth Wetland By-law, Chapter 143
Yarmouth
Waterways
cityrrown
B. Findings (cont.)
e. cly dredged
Denied because:
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 CMR 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
4. ❑ Bank
a. linear feet
5. ❑ Bordering
b. square feet
Vegetated Wetland
a. square feet
6. ❑ Land Under
c. square feet
Waterbodies and
a. square feet
Waterways
b. square feet
e. cly dredged
7. ❑ Bordering Land
f. cubic feet
Subject to Flooding
a. square feet
Cubic Feet Flood Storage
e. cubic feet
B. ❑ Isolated Land
Subject to Flooding
a. square feet
Cubic Feet Flood Storage c. cubic feet
9. ® Riverfront Area
Sq ft within 100 ft
Sq ft between 100-
200 ft
b. linear feet
c. linear feet
d. linear feet
b. square feet
c. square feet
d. square feet
b. square feet^
c. square feet
d. square feet
f. cly dredged
b. square feet
c. square feet
d. square feet
f. cubic feet
g. cubic feet
h, cubic feet
d. cubic feet e. cubic feet f. cubic feet
a. total sq. feet b. total sq. feet
308 308 _
c. square feet d. square feet
485 485
g. square at h. square feet
e. square feet f. square feet
i. square feet J. square feet
wpaf0rm5.doc • rev. 11112/2014 Page 3 Of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
r 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:
SE83-2204
MassDEP File #
eDEP Transaction #
Yarmouth
cityrrown
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
Ocean a. square feet b. square feet
c. Gy dredged d. cly dredged
c. cly dredged d. cly dredged
19. ❑ Land Containing
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
a. cly dredged b. cry dredged
21. ® Land Subject to 630 630 _
Coastal Storm a. square feet b. square feet
Flowage
wpaform5.doc - rev. 111122014 Page 4 of 12
❑
Barrier Beaches
Indicate size under Coastal Beaches and/or Coastal Dunes
12.
below
13.
L1
Coastal Beaches
a, square feet
_
b. square feet
c. nourishment
cu yd
d. nourishment
14.
❑
Coastal Dunes
a. square feet
b. square feet
___ cu yd
c. nourishment
cu yd
d. nourishment
15.
®
Coastal Banks
50
a. linear feet
50
b. linear feet
16.
❑
Rocky Intertidal
Shores
a. square feet
b. square feet
17.
El
Salt Marshes
a, square feel
b. square feet
C. square feet
d. square feet
18.
❑
Land Under Salt
Ponds
a. square feet
b. square feet
c. cly dredged d. cly dredged
19. ❑ Land Containing
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
a. cly dredged b. cry dredged
21. ® Land Subject to 630 630 _
Coastal Storm a. square feet b. square feet
Flowage
wpaform5.doc - rev. 111122014 Page 4 of 12
Massachusetts Department of Environmental Protection
7LBureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
1 --as achusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetiand By-law, Chapter 143
B. Findings (cont.)
"#22.Ifthe 22
project is for
the purpose of
restoring or
enhancing a
wetland
resource area 23•
in addition to
the square
footage that
❑ Restoration/Enhancement ":
a. square feet of BVW
❑ Stream Crossing(s):
a. number of new stream crossings
b. square feet of salt marsh
Provided by MassDEP:
SE83-2204
MassDEP File #
eDEP Transaction #
Yarmouth
City/Town
b. number of replacement stream crossings
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Section 13.5 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 regulatory measures, shall be deemed cause to revoke or modify this Order.
the additional g Y 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.
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.
c. If 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 10.05(11)(f).
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.
wpaform5.eoc • rev. 1 111 212 01 4 Page 5 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
r 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:
SE83-2204
MassDEP File #
e11) 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. 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 SE83-2204 "
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.
wpeform3,doc - rev 1111212014 Page 6 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands SE83-2204
MassDEP File #
WPA Form 5 - Order of Conditions
l j Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth
Citylrown
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
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.
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) ❑ is subject to the Massachusetts Stormwater Standards
(2) ® is HOT 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;
N. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
wpatormMoc - rev. 1111212014 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 943
Provided by MassDEP:
SE83-2204
MassDEP File #
eDEP Transaction #
Yarmouth
Cityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
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.
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(0 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.
wpalorm5.doc • rev. 1 111 212 0 1 4 Page 8 of 12
Massachusetts Department of Environmental Protection
Provided by MassDEP:
Bureau of Resource Protection - Wetlands
SE83-2204
MassDEP File #
�._ WPA Form 5 - Order of Conditions
i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction #
Town of Yarmouth Wetland By-law, Chapter 143
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):
20. For Test Projects subject to 310 CMR 10.05(l 1), the applicant shall also implement the
monitoring plan and the restoration plan submitted with the Notice of Intent. If 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 Intent or modify the project as directed by the conservation
commission or the Department.
wpaform5.doc • rev. 11112)2014 Page 9 d 12
Massachusetts Department of Environmental Protection
_ Bureau of Resource Protection - Wetlands
WPA Form 5 — Order of Conditions
i` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
l
Town of Yarmouth Wetland By-law, Chapter 143
Provided by MassDEP:
SE83-2204
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 Welland 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) 10A and 10B of 12
wpeform0.doc • rev. 11112/2014 Page 10 of 12
Massachusetts Department of Environmental Protection
Bureau 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
Provided by MassDEP:
SE83-2204
MassDEP File #
eDEP Transaction #
Yarmouth
Cityrrown
E. Signatures
S w2 oA
This Order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions #4, from the date of issuance.
1. 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.
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 ttgjZppropriate Department of
Environmental Protection Regional Office, if not filing elect aliy, d the property o ?-r,different
from applicant.
Signatures:
e,,
❑ by hand delivery on
Date
F. Appeals
❑ by certified mail, return receipt
requested, on
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 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.
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.doe • rev.1 Nt 2/2014 Page 11 of 12
WPA FORM S -ORDER OF CONDITIONS
SPECIAL CONDITIONS -PAGE 10A OF 12
SE83-2204, Thomas and Denise Thibaut
206 Blue Rock Road, Yarmouth, MA
1. The applicant/owner 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 by the 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 Applicant to file, in writing, a notice of project
change with this Commission. The Commission will determine the significance 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 Conservation 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
Intent" tiling.
6. Noncompliance with these conditions shall constitute grounds for an Enforcement Order and possible
fines. Fines shall not exceed $300.00 per day/per violation.
7. A "work limit" line shall be established with Erosion Controls (Le 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. It 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. This line shall be
established prior to any construction or work.
9. 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.
10. Washing of equipment/tools shall be done OFF-SITE or handled in a manner appropriate by the
Conservation Administrator.
11. The cesspool is to be pumped dry, the connection broken, and filled with clean sand.
12. Gutters and downspouts directed into adequately sized drywells shall be provided for roof drainage.
The Commission may also allow "drip trenches" instead of gutter systems. At no time shall roof run off
be directed to a wetland resource area or abutting properties.
WPA FORM 5 -ORDER OF CONDITIONS
SPECIAL CONDITIONS -PAGE 10B OF 12
SE83-2204, Thomas and Denise Thibaut
206 Blue Rock Road, Yarmouth, MA
13. Grading shall be accomplished 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 after as
the growing season commences, with appropriate native plantings. Permanent stabilization shall be
carried out in order to minimize erosion.
15. A 630 square foot buffer strip of native vegetation shall be planted per the approved plan. The buffer
strip of native vegetation shall be left UNDISTURBED. This is an on-going condition, in -perpetuity,
that does not expire with the issuance of a Certificate of Compliance. The applicant must wait until the
2^d growing season (i.e. fall and spring) is complete before the Request for a Certificate of
Compliance is submitted. During this time period, the Commission/Conservation Administrator may
require additional plantings if it is determined that any specimens are dead or dying and need
replacement.
16. Invasive species shall be removed from the bank by hand.
17. No lawn shall exist beyond the buffer vegetation as shown on the approved plan. This is an on-going
condition, in -perpetuity, that does not expire with the issuance of a Certificate of Compliance.
18. Landscape Debris, including leaves, grass clippings, brush, or other shall not be allowed within the
wetland resource area. This is an on-going condition that does not expire with the issuance of a
Certificate of Compliance.
19. The deck and/or the area beneath it shall not be enclosed for future habitation.
20. 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 structure location, 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 identified.
21. 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.
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register
BARNSTABLECOUNTY
- -
LA
STRY OF []El:DS
E COPY, ATTEST'MCAD i, iiE aIC:'T�fi
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
G. Recording Information
Provided by MassDEP:
SE83-2204
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. 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.
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:
206 Blue Rock Road SE83-2204 _
Project Location f MassDEP File Number
Has been recorded at the Registry of Deeds of:
Barnstable —
County Book Page
for: 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:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Dor=1:377:007 08-22-2019 1:33
Document Number 1E1ARHF3-T-ABLIE—L'AN1) -P_0U tT— REG -I S T R Y
Signature of Applicant
wpaform5.doc • rev. 11/12/2014 Page 12 of 12