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HomeMy WebLinkAboutSalt Box Association 2019 recorded OOC SE83-2199Bk 32378 PS95 aSt]4r7i 10-15-2019 & 11-23ct 'D ORIGINAL Boat Haul Walk (Salt Box Association South Yarmouth Beach) b. City/Tom - 81 60 & 69 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 41d40m32.1954s 70d10m15.4554s d. Latitude e. Longitude wpaform5.doc• rev.11/12/2014 Page 1 of 12 k4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-2199 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 el Transaction# Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth Cityfrown A. General Information Please note: Yarmouth this form has been modified t. 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 Edward English Important: a. First Name b. Last Name When filling Salt Box Association, Inc. out forms on c. Organization the computer, 40 Fairway Road use only the t d. Mailing Address tab key to South Yarmouth MA 02664 move your e. City/Town f. State g. Zip Code cursor - do not use the 4. Property Owner (if different from applicant): return key.. ms a. First Name b. Last Name Salt Box Association, Inc. a Organization 40 Fairway Road d. Mailing Address South Yarmouth MA 02664 e. Cityrrown f. State g. Zip Code 5. Project Location: Boat Haul Walk (Salt Box Association South Yarmouth Beach) b. City/Tom - 81 60 & 69 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 41d40m32.1954s 70d10m15.4554s d. Latitude e. Longitude wpaform5.doc• rev.11/12/2014 Page 1 of 12 k4 Bk 32378 Pg96 #50471 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-2199 MassDEP File # WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth Cityrrom A. General Information (cont.) s. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Barnstable a. County b. Certificate Number (if registered land) 908 513 c. Book d. Page 5/22/19 9/5/19 9/12/19 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Proposed Dredging and Beach Nourishment a. Plan Title - BSC Group Craig A. Field b. Prepared By c. Signed and Stamped by 8/2/19 1.1=20' 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 d. ® Private Water Supply g. Z Groundwater Supply b. ® Land Containing Shellfish c' e. ® Fisheries f. h. ® Storm Damage Prevention i. ® Prevention of Pollution ® Protection of Wildlife Habitat ® 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. w afo.5.Eoc• w. 11112/2014 Page 2 of 12 Bk 32378 Pg97 #50471 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: SE83-2199 MassDEP File # eDEP Transaction # Yarmouth City/Town 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. G. ❑ 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 5. ❑ Bordering Vegetated Wetland s. ❑ Land Under Waterbodies and Waterways 7. ❑ Bordering Land Subject to Flooding Cubic Feet Flood Storage 8. ❑ Isolated Land Subject to Flooding Cubic Feet Flood Storage g. ❑ Riverfront Area Sq ft within 100 ft Sq ft between 100- 200 ft a. linear feet b. linear feet c. linear feet a. square feet b. square feet c. square feet a. square feet b. square feet c. square feet d. square feet e. c/y dredged f. Gy 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 c. cubic feet a. total sq. feet c. square feet d. square feet e. square feet f. square feet g. square feet h. square feet i. square feet j. square feet w afom5.do • w. 11112/2014 - Page 3 of 12 Bk 32378 Pg98 #50471 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.) Provided by MassDEP: SE83-2199 MassDEP File # eDEP Transaction # Yarmouth City/Town Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 21. ® Land Subject to 6400 6400 Coastal Storm a. square feet b. square feet Flowage wpaf0rm5.doc • rev. 11/12/2014 Page 4 of 12 Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ® Land Under the 300 300 Ocean a. square feet b. square feet c. c/y dredged d. c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ® Coastal Beaches 6400 6530 cu yd cu yd a. square feet b. square feet c. nourishment d. nourishment 14. ❑ Coastal Dunescu yd cu yd a. square feet bsquare 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 130 a. square feet b. square feet c. square feet (addition) 1s. ❑ Land Under Salt Ponds a. square feet bsquare feet c. c/y dredged d. c/y dredged 1s. ® Land Containing 800 800 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 6400 6400 Coastal Storm a. square feet b. square feet Flowage wpaf0rm5.doc • rev. 11/12/2014 Page 4 of 12 Bk 32378 Pg99 #50471 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-2199 WPA Form 5 — Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth cj Town 130 b. square feet of salt marsh q a. number of new stream crossings b. number of replacement stream crossings footage that 9 P 9 has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (evw) B.17.c (Salt The following conditions are only applicable to Approved projects. Marsh) above, 1Failure 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 9 ry 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. x aform&doc • rev. 11/12/2014 Page 5 of 12 B. Findings (cont.) 22.Iect ftfor 22. [-1 Restoration/Enhancement *: p the purpose of restoring or enhancingg a a. square feet of BVW wetland resource area 23. ❑ Stream Crossing(s): in addition to the s uare 130 b. square feet of salt marsh q a. number of new stream crossings b. number of replacement stream crossings footage that 9 P 9 has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (evw) B.17.c (Salt The following conditions are only applicable to Approved projects. Marsh) above, 1Failure 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 9 ry 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. x aform&doc • rev. 11/12/2014 Page 5 of 12 Bk 32378 Pg100 #50471 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-2199 WPA Form 5 - Order of Conditions MassDEP File # \ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth cityrrom 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 SE83-2199 " 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. w aform5.doc • rev.11MM014 Page 6 of 12 X] Bk 32378 Pg101 #50471 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-2199 WPA Form 5 - Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 eDEP Transaction # Yarmouth City/Tom 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 NOT 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; fl. as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; X. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; "aform5.Coc • rev. 11/1212014 Page 7 of 12 Bk 32378 Pg102 #50471 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 Provided by MassDEP: SE83-2199 MassDEP File # eDEP Transaction # Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth City/Tom 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(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. w aforrn&doc • rev. 11/1V2014 Page 8 of 12 Bk 32378 Pg103 #50471 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 Provided by MassDEP: SE83-2199 MassDEP File # eDEP Transaction # Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth cityrrom 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. w afono&doc• rev. 11/12/2014 Page 9 of 12 Bk 32378 Pg104 #50471 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-2199 WPA Form 5 - Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 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 2Citation 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 wpaform5.doo • rev. 11/12/2014 Page 10 of 12 Bk 32378 Pg105 #50471 WPA FORM 5 -ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10A OF 12 SE83-2199, Salt Box Beach Association Boat Haul Walk 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" filing. 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. Washing of equipment/tools shall be done OFF-SITE or handled in a manner appropriate by the Conservation Administrator. 8. No equipment shall be refueled, nor shall fuel be stored within 100 feet of a resource area. 9. In order to protect winter flounder, spawning and juvenile development, a time -of -year (TOY) restriction should be required. Any silt -producing activities or dredging should be prohibited from January 15 - May 31 of any year. 10. The CA shall be provided with 7 days' notice prior to any dredging or nourishment activity, at which time a grain size analysis shall be provided. Disposal of beach fill in the intertidal area should be consistent with DEP's Beach Nourishment Guide (March 2007). Beach fill material shall be of equal grain size and appropriate slope to avoid premature loss from the beach and impacts to near shore bottom. habitat. 11. All shellfish within the footprint of the proposed dredging and nourishment area shall be removed under the direction of the Natural Resource Department at the applicant's expense. 12. During the non -boating season any pier components including but not limited to floats and ramps, dinghies, kayaks etc shall be stored above the mean high water lines. There shall be no items stored upon salt marsh or vegetated dune areas under any circumstances. Bk 32378 Pg106 #50471 WPA FORM 5 -ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10B OF 12 SE83-2199, Salt Box Beach Association Boat Haul Walk 13. A copy of the Chapter 91 license from DEP Waterways shall be submitted to the Conservation Commission. 14. If a barge is used at all, the barge should be prohibited from grounding. 15. A post nourishment report shall be provided by a certified professional immediately following each dredging and nourishment activity. The post nourishment report shall certify the amount and location of dredging and nourishment and any deviations from approved plan. 16. A 130 square foot area of coastal beach between the northerly set of steps and the existing salt marsh area shall be planted with additional salt marsh grasses. The salt marsh plantings shall follow accepted practices for salt marsh restoration and be monitored for the life of the Order of Conditions. 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 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. 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. Bk 32378 Pg107 #50471 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands sEs3-21tot; MassDEP File # WP A Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth City/Tom E. Signatures This Order is valid for three years, unless otherwise specified as a special ci I i Z I D i C 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 appropriate Department o Environmental Protection Regional Office, if not filing elec nicall ,and the grope owner, ' ere / from applicant. l ❑ by hand delivery on Date F. Appeals r X 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. wpaform5ADc • rev. 11/12/2014 Page 11 of 12 Bk 32378 Pg108 #50471 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-2199 WPA Form 5 - Order of Conditions MassDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth Cityrrown 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: Boat Haul Walk (Salt Box Assoc. Beach) Project Location Has been recorded at the Registry of Deeds of: for: Barnstable County Property Owner SE83-2199 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: If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: of Applicant Page w aform5Aoc• rev. 11 /1 M01 01 4 BARNSTABLE REGISTRY OF DEEDS Page 12 of 12 John F. Meade, Register