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HomeMy WebLinkAboutRecorded OOCBk 33729 Pg336 #6337 01-28-2021 @ 08:07a Massachusetts Department or Environmental Provided by MassDFP: Protection MassDEP File #:083-2253 Bureau of Resource Protection - Wetlands eDCP Transaction #:12.42146 WPA Form 5 - Order of Conditions City/ToNvit:YARMOUTH Massachusetts Wetlands Protection Act M.6. L. c. 131, §40 A. General Information I. Conservation Commission YARMOUTH 2. Issuance a. r%i OOC b.t Amended OOC 3. Applicant Details a. First Name AMY b. Last Name c. Organization d. Mailing Address 24 CIIARLFS STREET C. City -Town SOUTH YARMOUTH 1'. State MA 4. Property Owner a. first Nantc AMY b. Last Name c. Organization TI IF AMY MACISAAC REV. TRUST d. Mailing Address 24 CHARLES STREET e. C'ityfTown SOUTH YARMOUTH f. State MA 5. Project Location a.Strect Address 24 Cl IARLES STRFFT b.Cily/Town YARMOUTH c. Zip Code d. Assessors Map/Plat# 70 c. Parcel Lot# 1'. Latitude 41.67035N g. Longitude 6. Property recorded at the Registry of Decd For: a. Counh' b. Certificate c. Book BARNSTABLE 32826 7.Dates it. Date NOI Filed : 11/9 2020 h. Date Public Hearing Closed: 12/3/2020 R.Final Approved Plans and Other Documents MACISAAC, g. Zip Code 02664 MACISAAC, 'IRUSTEE g. Zip Code 02664 02664 113 70.18199W d. Page 156 c. Date Of Issuance: 1/ 19/2021 a. Plan Title: b. Man Prepared by: c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale: SITE PLAN OF LAND, 24 CHARLES STREET, BSC GROUP, INC'. KIERAN I IEALY 12/28/2020 1 "-20' SOUTH YARMOUTI B. Findings I .Findings pursuant to the Massachusetts Wetlands Protection Act Following the review of the 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 Billowing interests ofthc Wetlands Protection Act. Check all that apply: a. P Public Water Supply h. 14 Land Containing Shellfish c. WI Prevention of Pollution d. w Private Water Supply e. V Fisheries f. V Protection of Wildlile Habitat Page 1 of 12 * ELECTRONIC COPY Bk 33729 Pg337 #6337 Massachusetts Department of Environmental Provided by MassDEP: Protection MassDFP File J+:083-2253 Bureau of Resource Protection - Wetlands cDEP Transaclion 4:1242146 WPA Form 5 - Order of Conditions City Town:YARIVIOLM I Massachusetts Wetlands Protection Act M.G.L. c. 131. §40 W Ground Water Supply h. V Storm Dantag!e Prevention i. 9 Flood Control 2. Commission hereby finds the project, as proposed, is: Approved subject to: a. 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 accordauce 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 difler from the plans, specifications, or other proposals submitted H ith the notice of Intent, these conditions shall control. Denied because: b.t ' The proposed Hork cannot be conditioned to meet the perfonnancc standards set loath in the wetland rcgUL16011z. Therefore, work on this project may not go forw•artl unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect interests otthe Act, and a final Order ol'Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c.t' The information submitted b) 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 pro.Icct may not go forward unless and until a revised Notice of Intent is submitted which provides suliicient information and includes measures which are adequate to protect the interests of the Act , 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 W Buffer Zone Intpacts:Shortest distance between limit of project disturbance in([ the wetland 5 resource area specified in 310CMR 10.02( 1 )(a), a. linear feet Inland Resource Arca Impacts:(For Approvals Only): Resource Area 4. 1- Bank 5.t- Bordering Vegetated Wetland 6. f " Land under Walerbodies and Waterways TF Bordering Land Subject to Flooding Cubic Fect Flood Storage 8.1 Isolated Land Subject to Flooding Proposed Permitted Alteration Alteration a. linear feet b. linear feet a. square feet b. square feel a. square feet b, square tcct e. c/y dredged f. c/y dredged Proposed Permitted Replacement Replacement c. linear 1''ect d. linear feet c. square leer d. square Leel c, square feet d. square Icer a. square feet b, square feet c. square feet d. square feet e. cubic feet f, cubic feet g. cubic leer h. cubic feet a. square feet h, square feet Page 2 of 12 " L:LL'C'TRONIC COPY 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 Cubic Feel Flood Storage Bk 33729 Pg338 #6337 Provided by .MassDCP: Massl)FP File it:033-2253 eDFP Transaction 4:[242146 City Town: YA R MOUTI I c. cubic feet d. cubic feet 9.f- Riverfront Arca a. total sq. feet b. total sq. feet e. cubic feet f. cubic feet Sq ft within 100 ft c. square feet d. square feel e. square deet C square feet Sq ft between 100-200 ft g. square feet h. square Ice( i. square Iect j. square feet Coastal Resource Arca Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement I O.r- Designated Pon Areas Indicate size under Land Under the Ocean, below 11. r Land Under the Occan a. square feet b. square feet c. c/y dredged d. c/y dredged 12.r- Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.F Coastal Beaches a. square feet b. square feet c. c%y nourishment d. c/y nourishment 14,r Coastal Dunes a. square feet b. square fleet c. c,'y nourishment d. c/y nourishment 15. F Coastal Banks a. linear feet b. linear Ice[ 16.F Rocky Intertidal Shores it. square feet b. square feet 17.f' Salt Marshes a. square feet b. square feet c. square feet d. square feet 19. r- Land Under Salt Ponds a. square feet b. squarc ieci c. c/y dredged d. c/y dredged 19.t- Land Containing Shellfish a. square feet b. square feet C. square Ice[ d. square 1ect Indicate size under Coastal Banks, inland Bank, Land Under the 20.f- Fish Runs Ocean, and/or inland Land Under Waterbodics and Waterways, above c. c/y dredged d, c/y dredged 21.1 Land Subject to Coastal Stonn flowage a, square feel 1). square Ilect Page 3 of 12 * ELECTRONIC COPY 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 22. I Restoration/F.nhancenrcn( (For Approvals only) Bk 33729 Pg339 #6337 Provided by Ma,s,DEP: MassDFP File !x:053-2253 eDLP 1 ransac(ion 4:1243146 City ToNvn:YARM0UI'1 I If 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 B.5.c & d or B.17.c & d above, please entered the additional amount here. a. square feet of BVW 23. Sncams C'rossing(s) h. square feet of Sall Marsh If the project involves Stream Crossings, please enter the number of new snram crussinI1S/oUmbcr of replacement stream crossings. a. number of new stream crossings b. number of replacement sh•cam crossings C. General Conditions Under Massachusetts Wetlands Protection Act The follo",ing conditions are only applicable to Approved projects I . 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 flits order. 2. The order does not grant any property right, 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 ol'complying with all other applicable federal, slate, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized I1C1'CUnder shall be completed v\ ithin three years from the date of this Order unless either ol'the following apply: a. (he work is a maintenance dredging project as provided liar in the Act, or b. the lime for completion has been extended to it specified date niore than till cc years, but less than five years, from the date ol'issuance. ll'this Order is intended to he valid Im more than three yews, the extension date and the special circumstances v%arranting the extended time period are set forth as it special condition in (his order. 5. This Order may be extended by the issuing authority tirr one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Condilions docs not exceed the issuance date ofthe original Final Order of Conditions. 7 :Any fill used in connection M ith this project shall be clean fill. Any till shall contain no trash, refuse, rubbish. or debris, including bill not limited to lumber, bricks, plaster, wire. lath, paper, cardboard. pipe, tires. ,ashes, refrigerators, motor vehicles, or parts of any of the foregoing. S. This Order is not final until all adminislralive appeal periods from this Order have elapsed, or if,uch an appeal has been taken, until all proceedings before (lie Department have been completed. ). 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 (he district in which the land is located, within the chain of Lille ol'the affected propetly. In the case ofrccorded land, the final Order shall also be noted in the Registry's Grantor Index under the name of the ow net- of the land upon which the proposed work is to be done, ha the case of the registered land, the Final Order shall also be noted on the Land Court C'ertilicate of Title of (he owlier 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 furor must be stainped by the Registry of Deeds, prior to the commencement of v, ork.. Pagc 4 of 12 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions MaSSaehUSellS WellanllS Prolcction -Act M.(i.L. c. 131. §40 Bk 33729 Pg340 #6337 Provided by MassDEP: MassDEP File ]/:083-2253 eDLP'l ransaction 4':1242146 City T wn:YARMOUTI I 10. A sign shall be displayed al the site not ICas then two square Icel or more than three square Icet in size hearing the \YUrdS, " Ma5saehUSOIJ Department of Environmental Protection" [or'MassDE11") File Number :"083-2253" 11, Where the Department of Environmental Protection is requested to issue it Superseding Order, the Conservation Commission shall be a parte to all agency proceedings and hearings 1-Wforc Mass DIT. 121. Upon completion of the work described herein. the applicant shall submit a Request for Cerlificate ol' Compliance (WPA Form SA) to the Conservation Commission. 13. '1 he work shall conform to the plans and special conditions retcrenced in this Order. 14. Any change to the plans identified in Condition 13 above shall require the applicanl to inquire ofthe Consmatiun C�VIl1miSSi011 in writing vdhether the change is significant enough to require the filing of a new Notice of Intent. 15, The Agent or members of the Conserv alion Commission and the Department of Environmental Protection shall have the right to enter and inspect the arca subject to this Order at reasonable hours to evaluate cOntpliancc with the conditions slated in [his Order, and may require the submittal Of any data deemed necessary by the Conservation C'onunission or Department for Ilial evalualiun. 16. Phis Order of Conditions shall apply to any successor in interest or successor in control of the propertN subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work, and if the project involves work adjacent to it Bordering Vegetated Wetland, [lie boundary of the wetland in the vicinity Of the proposed work area shall be marked by vvuuden stakes Or Flagging. Once in place, the wetland boundary markers shall he maintained until it Certificate of C'ompliitrice has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in gOOd repair until all disturbed areas have been fully stabilircd ith vegetation or other means. At no time shall sediments be deposited in a wetland or N aler body. During construction, the applicant or his her designee shall inspect the erosion controls on it daily basis and shall remove accunmla[ed sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immcdiatcly notify the Conser\ation Commission, "hick reserves the right to require additional crusiun and/Or damage pre\ ention 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. NOTICI'.OF S I-ORMWATI-.R C'ON'[ ROI. AND N1AIN" F.NAN('F RFQUIRI:MF,NTS 19. The work associated with this Order(the "Project") is ( I ) i is not (2)[v subject to the Massachusetts Stormwater Standards. I ['the work is subject to Stormwater Standards, then the project is subject to the fallowing conditions: a) All v ork, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance v, ith the construction period pollution pre\cation and crosion and scdimcntatiOn conuvl plan and, ifapplicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge F:lintination System Construction General Penrtit as required by Stormwater Standard S. COnStRICti rn period crosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fullN stabiliml. b) No slormwaler runoff may he discharged to the post -construction slormwater BMPs unless and until it Registered Professional Engineer provides it Certification that: i all construction period Bh9Ps have been removed or will be renurvcd by a date certain specified in the Certification. For any construction period BMPs intended IO be converted to pmt construction operation for stormwater attenuation, recharge, andror Treatment, the conversion is allmNed by the MassDIT SturmNater Handbook IMP specifications and that the BML' has been properly cleaned or prepared for post construction operalion, including removal of all Page 5 ol' 12 * ELEC'TRONiC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA form _; - Order of Conditions MaSSaChLISCIIS Wetlands Protection Act M.G1. c. 131, `40 Bk 33729 Pg341 #6337 Provided by MassDEP: MaisDIT File r':043-2253 eDE P Transaction 4:1243146 City TownNARMt)UTI I construclion period sediment trapped in inlet and Mullet control structures; ii.. as-buill final construction 13NIP plans are included, signed and stamped by a Registered Protcssional I.ngincer, certifying the site is Tully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; it all post-cMnstruction stormwater BMPs are installed in accordance with the plans (inclu(ling 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-constnrction BMPs is suitably established to withstand erosion. c) The landowner is responsible fire BMP maintenance until the issuing authority is notified that another party has legally ussurned responsibilit) for BMP maintenance. Prior to requesting it Certificate of Compliance, or Partial Certificate of Compliance, (lie responsible parr (defined in General Condition 19(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Slatentcnt ("O&114 Statement") for the Stormwaler BMPs identifying the party responsible for implementing the s(Mrmwala• BM Operation and Maintenance Plan ("O&M Plan") and cerlifying the Ibllmv ing: i.) (he O&M Plan is complete and will be implcntentcd upon receipt of the Caftiticate of Compliance, and ii.) the future responsible parties shall he notified in writing oflheir ongoing legal responsibility to operate and maintain the slormwater management BMPs and implement the Slonnwatcr Pollution Prevention Plan. d) Post -construction pollution prevenlion and source control shall he implemented in accordance with the long- term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan requited by the Nalional Pollutant Discharge Elimination System MulLi-Sec(or General Permit. e) Unless and until :mother party accepts responsibility, (lie landowner, or owner of•any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the Properly muss submit to the issuing audlurity a legally binding agreement of record, acceptable IM the issuing authority, evidencing that another entity has accepted responsibility lbr maintaining the BN4P. and that the proposed responsible parity shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(l) through Ita(k) "ith respect to that BMP. Any failure of the proposed responsible party to implement the requirements ol'Conditions 19(1) through 19(k) "ith respect to that BMP shall be it 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 alsM identify the lots Thal will he serviced by the stormwater BMPs. A plan and casement 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 stornmater BMPs in accordance with the design plans, the O&M Plan, and the requirements of (he Massachusetts Slormwater I landbook. g) The responsible party shall: I. Maintain an operation and maintenance lug fur the last three (3) consecutive calendar year.,, of inspections. repairs, maintenance and/or replacement of the stormwater management system or any part thereof', and disposal (Iur disposal file lug shall indicate the type of material and the disposal location); 2. Make the maintenance to,,, availahle to MassDLP and the C'onservalion Commission ("Commission") upon rcqucst; 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 tier each BMP estahlished in the O&M Plan apprm ed by the issuing authority. h) All sediment or other contaminants removed from stormwater BM I's 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 ('MR 10.04 are prohibited. j) The stormwater management s) stem approved in the Order of Conditions shall not be changed N ithout the Page 0 of 12 * LLL'•CTRONiC COPY Massachnsetts Department of Environmental Protection Bureau ofResourcc Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 prior written approval of the issuing authority. Bk 33729 Pg342 #6337 Providal by Mass[)EP: MassDI-T File 11:083-2253 cl)LP 'f ransaclion 4:1242146 City,Town: YA RMI )UTI I k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Slornmater I landbook, Volume 3. Chapter I, Low Impact Development Site Design Credits) shall not be altered without the prior "ritten approval of the issuing authori(y. 1) Access for maintenance, repair, and'or replacement ol'BMPs shall not be withheld. Any fencing constructed around stornnvater BMPs shall include access gates and shall be at least six inches above grade to allow liar wildlife passage. Special Conditions: D. Findings Under Municipal Wetlands Bylaw or Ordinance LIS a municipal wetlands bylaw or ordinance applicable?iv Yes i- No 2.'111c tons •rvaIi vnt Crnmnission ltcrcb heck one Iliac a 0 o i e s) q. f- DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: I. Municipal Ordinance or Bylaw 2. Citation Therefore, work on this project may not So forward unless and until a re\ ised Notice of Intent is submitted w hick provides measures which are adequate to meet these standards, and a final Order or Conditions is issued. Which are necessary to comply v, ith a municipal ordinance or bylaw: b. iv APPROVES the proposed work, subject to the following additional conditions. I. Municipal Ordinance or YARMOUT11 Hyla,, WETLAND BY -LAS' 2, Citation CI IAPTF.R 143 3 l'he Commission orders that all work shall be pertormcd 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 billows: SC -Y1. TI IIS ORDFR SI IA L APPI Y TO ANY SUCCF'SSORS AND ASSIGNS IN INTFRi;S I' OR CON I ROI AND ANY OTI IER PERSON ENGAGING IN ACTIVITY ON TI iF. PROPERTY iDFNTIFIF,D iN TI IF. NOTiCF. OF IN'l EN'I . SC112. TI IE APPLICANT OWNER SI TALL BE RESPONSIBLE: FOR I IAVING A COPY OF TI IE "ORDER OF CONDITIONS" ON THE JOB SITE AT ALL'I 1MES AND SHALL 13L RESPONSIBLE FOR INSURING I HA'I ALL PERSONS PERFORMING Ti iF.. PERMITTED ACTIVITY ARE FULLY AWARE OF iTS TERMS AND CONDITIONS. FAILURE TO DO SO MAY RESULT IN THEREVOCATION OF THESE "ORDERS", A FINE OR 13(1,11, S00. THE CONSERVATION CONIMISSION, ITS AGENT(S) OR ASSIGNED(S) SHALL HAVE THE EXPRESS Pagc 7 ol' 12 " ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands W'PA Form 5 - Order of Conditions Massachusetts Wellands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDFP File 11:053-2253 cDLI`1 ransaction 9:1242146 City, Town: YARMOUTH Bk 33729 Pg343 #6337 RIGHT OF ENTRY (.'PON THE JOB SITE A"1 ALL RFASONABLE TIMES FOR THE PURPOSES OF IISFABI •ISI IING COM 111.1ANCI•: b1' I"FI1 111E "ORDER OI CONDITIONS", "BY-LAWS" AND "RI{GULA'IIONS". COMMISSION MEMBERS AND TI IF CONSERVATION ADMINISTRATOR M/11" ACQUIRE ANT" INFORMATION, MEASUREMENTS, PHO'T'OGRAPHS, OBSERVATIONS AND/Olt MATERIALS Olt MAY REQUIRE TI IF. SUBMITTAL OF ANY DATN INFORMATION DF,F,MF,D NECESSARY BY Tl IIS COMMISSION FOR THAT EVALUATION, SC'44. A PRF.CONSTRUCTION RF.VIE\W SI [ALL BF, ARRANGED BY TI IF, CONTRACTOR WIT[ I TI IF CONSERVATION ADMINISTRATOR AND Sri ALL OCCI. PRIOR TO THE COMMENCEMENT OF ANY WORK SC115. ANY CHANGE IN 1-11L APPROVED PLAN (S) SHALL REQUIRE THE APPLICANT TO 1:1LL•, IN WRITING, A NOTIC'F OF PROJECT CT IANGF WITI I TI IIS COMMISSION. TI IF COMMISSION WILL. DETERMINE Tl IE SIGNIFICANCE OF TI IF Cl IANGE AND DETERMINE WI IETI IER ADMINISTRATIVE APPROVAL OR AN "AME NDED ORDER OF C'OND[TIONS" IS REQUIRED. SHOULD THE PROJECTBE CI IANGF,D WITHOUT PERMISSION, OR FOUND BY TI IF YARMOUTI I CONSERVATION COMMISSION TO BL ALTERED IN AM' \WAY FROM T1fE APPROVED PLAN(S), ALL WORK WILL IMMEDIATELY CI ASL UN'l11, FHF PROJF.0"1 IS RI:APPROVFD BY THF COMMISSION. SCt16. THE "ORDER OF CONDITIONS" IS VALID FOR THREE YEARS FROM THE DATE OF ISSUANCE UNLESS OTI ILRWISk SPECIFICALLY NOTED IN 11 IL "ORDERS". LX'I ENSION PERMIT RI:QUESTS MUST BE APPLIED FOR AT LEAST 30 CALENDAR DAYS PRIOR TO TI IE EXPIRATION DATE OF THE ORIGINAL ORDERS". FAILURE TO DO SO 11'ILL RLSULT IN A NEW "NO'TIC'E OF INTENT" FILING. SC 07. NONCOMPLIANCE WITH THESE CONDITIONS SHALL CONSTITUTE GROUNDS FOR AN FNFORCI•:MENTORDER AND POSSIBLE FINES. DINT?S SHALT. NO"IIiXC'I'.I?D $300.(10 PER DAY 111?R VIOLATION. SC 49. A ?WORK I I�TFI'? LINE SI IAI.1. 131: I{S"I'A131.ISI IIID N'I"I I I I.ROSIUN C'UN'I ROES (LE. S fRAV1' 13ALI:S, STAKED FILTER FABRIC, BARK MULCI I, ?SILT SACKS,? PRODUCTS MADE. WITI I RICE, STRAIN. AND OWER WEED -FREE PRODUCTS Olt APPROVED BY THE COMMISSION.) HAY BALES ARE NOT ALLOWED. IT IS TI IE APPLICANT?S RESPONSIBILITY TO IMPLEMENT AND MAINTAIN APPROPRIATE AND ADEQUATE EROSION CONTROLS MEASURES T[ IROUGHOUT THE C'ONSTRUC'TION PROCESS. SCll9. NO WORK OF ANY KIND SI IALL OCCUR ON TI IF. RFSOURCF AREA SIDE OF T1 IF WORK LIMIT LINE. THIS LINE SHALL BE ESTABLISHED PRIOR TO ANY CONSTRUCTION OR WORK. SCNIQ ALL IMPORTED FILL SI IALL BE CLEAN AND NOT CONTAIN ANY FOREIGN DEBRIS SUC'I I AS C'EMENI', BITUMINOUS GONG RETE', RUBBL IR, Ml:"FAL. "TRASH, BOULDERS, L"I C. BOIILDERS WILL BL: ALLOWED IN SPECIFIC INSTANCES IF PART OF TI IF PROJECT DESIGN. SCftI 1. DEBRIS, INCLUDING; LITTER, SHALL BE PICKED UP IMML:DIAFELY. ANY EXCESS MATERIAL TI IAT IS EXCAVATED FROM Tl IF JOB SITE SI IALL BE DISPOSED OF AT A LOCATION APPROVED BY THE CONSERVATION ADMINISTRATOR OR IN A COVERED DUMPSTER. NO DEBRIS SHALL BE Al I OWI -1D IN A WF. -I LAND OR WATERWAY. SCN 12. WASHING OF EQUIPMENTTOOLS SHALL BE DONE OFF-SITE OR HANDLED 1N A MANNLR Page 8 of L * ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of ReSOnNC Protection - Wetlands WPA Form 5 - Order of Conditions Massachusells Wetlands Protection Act M.G.L. c. 13 1. §40 APPROPRIATE BY THE C'ON'SERVATION ADMINISTRATOR. Bk 33729 Pg344 #6337 Provided by MassDEP: MassDFP File 0:083-22-53 cDEP J ransaclion 9:1242146 CityTown:YARMOUTI I SC,13. NO EQUIPMENT SI IALL BE REFUELED, NOR SHALL FUEL BE STORED WITI IIN 100 FEET OF A RESOURCE AREA. SC#t14. THE OLD SEPTIC SYSTEM IS TO BE PUMPED DRY, THE CONNECTION BROKEN. AND FILLED WITH CLFAN SAND. S('015. ANY AREA THAT IS DISTURBED DUIUNG C'ONSTRUC"LION SHALL BE RL:VLGLTAT'L'D IMMI(DIA ILLY OR AS SOON AFI I:R AST 111; GROWING SkASON COMMFNCFS, WITI l APPROPRIATE NATIVE. PLANTINGS. PERMANENT STABILIZATION SHALL BE CARRIED OUT IN ORDER TO MINIMIZE. EROSION. SCH16. 310 CMR 10.30(3) PROMULGATED UNDER MGL C. 131, S. 40. REQUIRES TI IAT NO COASTAL STRUC'TURL, SUCH AS A BULKHEAD, RLVETMENTS OR SEAWALL SHALL BE PERMI"I"FED ON AN ERODING BANK AT ANYTIME IN THE FUTURE TO PROTFCTTI IF. PROJFCT ALLOWFD BY TI IIS ORDER OF CONDITIONS. THIS CONDITION SHALL BE AN ONGOING IN PERPETUITY AND DOES NOT FXPIRI? WITHTHE' ISSUANCI•: OF THF, CER 11FICAT'I'. OI' COMPLIANCE. SCtr17. THE AREA OF DELINEATED SALT MARSH, SHOWN ON THE PLAN AS THE AREA SEAWARD OI. -1-1 IF ?1;D(il; OF SAL I MARSI I? LINT; AND TI Il: VOS I' AND RAII. FENCE, SI IALL BE' LI;VI UNDIS I URBED AND BE ALLOWED'TO GROW IN ITS NATURAL STATE. NO MOWING OR OTI IER VEGETATION RLMOVAL IS ALLOWED IN THIS AREA. THIS IS AN ON-GOING CONDITION THAT DOES NOT L:XPIRE WIT] I TI1F. ISSUANCE OFA C'ERTIFIC'ATE OF C'OMPLIANC'E. S('#] 8. LANDSCAPI•: DEBRIS, INCLUDING I FAVI?S, GRASS CLIPPINGS, BRUSH, OR OTHI:R SHALI, NOT BF ALLOWED WITI IIN TI IF. WFTLAND RESOURCE ARFA, TI IIS IS AN ON-GOING CONDITION THAT DORS NOT EXPIRE WITH THE ISSUANCE OFA CERTIFICATE: OF COMPLIANCE. SC419, UPON COMPLETION OF TI IF, PROJECT, A "REQUEST FOR A "CF.RTIFICATF. OF COMPLIANCE" SHALL BLSUBMI'l-ILD BY'I HE APPLICANT TO I'HE CONSERVATION COMMISSION FOR REVIEW. THE: "ORDER OF C'O'NDITIONS" SI IALL. BE CONSIDFRF,D INCOMPLETE UNTIL TI IF "C'ERTIFIC'ATE OF COMPLIANCE" IS ISSUED BY THE CONSERVATION COMMISSION AND RECORDED AT TI IE REGISTRY OI, DEEDS. Page 9 of 1? " ELECTRONIC COPY 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 Bk 33729 Pg345 #6337 Provided by MassDCP: MassDEP File 11:083-2253 cDGP Transaction 4:1242146 C'ity7ownNARMOLM I E. Signatures This Order is t alid for three years from the date of issuance, unless olhenvise specified pursuant to General Condition #4. If this is an Amended Order of 1/19/2021 Conditions, the Amended Order expires on the same date as the original Order of I. Date of Original Order Conditions. 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 the appropriate Department of Ent ironnnental Protection Regional Office, if not filing electronically, and the property owner, if different fi-um applicant Signatures: Kelly Grant 010110vi? �( vuk PeucOed 0. 1kta 1)'3q 4113 i- by hand delivery on F>by certified mail, return receipt requested, on Dale Date %/ 17 1262 / 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, arc hereby notified of their right to request the appropriate MassDF.P 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 tiling lee 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 or the request shall at (lie same linnc be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, il' he she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with [his 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 pro%iding mripen information to the Department prior to issuance ora Superseding Order. The request shall slate clearly and concisely the objections to the Order which is being appealed and how the Order docs 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 vcdands regulations (3 10 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 Page 10 of 12 * ELECTRONIC COPY Bk 33729 Pg346 #6337 Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File 11:033-2253 Bureau of Resource Protection - Wetlands cDEP Transaction 1*: 1242146 WPA Form 5 - Order of Conditions Wiry Town:YARMOUTI I Massachusetts Wetlands Protection Net M.G.L. c. 131, §40 regulations, the Department has no appellate jurisdiction G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in v, hich 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 lx 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, YARMOU"I'H Conservation Comnnssion Detach on dotted line, have stamped by the Registry of Decds and submit to the Conservation Commission. ........... .•.......... .....................................................................--........-.-.................................... ....... ........ ......-.-._..-.-.. -..... YARMOUTI 1 Conservation Commission Please be advised that the Order of Conditions for the Project at: 24 CHARLES STRF.F.T 083-2253 Project Location Has been recorded at the Registry of Deeds of: County for: Property Owner AMY MACISAAC, TRUSTEE and has been noted in the chain of title of the affected property in: Kook In accordance with the Order of Conditions issued on: Date ll'rccorded land, the instrument number identifying this transaction is: Insirtnncnt Number If registered land, the document number identifying this transaction is: Document Number MassDEP File Number Book Page Page Page I I of 12 * ELCCTRONfC COPY Bk 33729 Pg347 #6337 Massachusetts Department of Environmental Provided by MassDCP: Protection 'Massl)EP File 0:083-2253 BLireau of Resource Protection - Wetlands eDLP'1'ransaction 4:1242146 WPA Form 5 - Order of Conditions CityTown:YARMOUTI I Massachusells Wetlands Protection .Act M.G.L. c. 131, 540 Signalurc ol'APPlicanl N. i 1 i"L" Page 12 of 12 * ELE'C'TRONICCOPY JOHN F. MEADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY