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HomeMy WebLinkAboutOOC recordedBk 34730 Pg106 #79775 12-08-2021 @ 11:35a Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #:083-2301 Bureau of Resource Protection - Wetlands eDEP Transaction #:1317869 WPA Form 5 - Order of Conditions City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information 1. Conservation Commission YARMOUTH 2.Issuance a r OOC 3. Applicant Details a. First Name PETERXIM c. Organization d. Mailing Address 212 MARINA DRIVE e. City/Town QUINCY f. State 4. Property Owner a. First Name PETERXIM c. Organization d. Mailing Address 212 MARINA DRIVE e. City/Town QUINCY f. State 5. Project Location b. r" Amended OOC b. Last Name LE MA g. Zip Code a. Street Address 40 MAYFLOWER TERRACE b.City/Town YARMOUTH d. Assessors 110 Map/Plat# f. Latitude 41.69553N 6. Property recorded at the Registry of Deed for: a. County b. Certificate BARNSTABLE b. Last Name LE MA g. Zip Code 7.Dates a. Date NOI Filed: 9/22/2021 b. Date Public Hearing Closed: 8.Final Approved Plans and Other Documents a. Plan Title: PLAN OF LAND, PROPOSED RELOCATED PIER B. Findings 02169 02169 c. Zip Code 02664 e. Parcel/Lot# 33 g. Longitude 70.17685W c. Book d. Page 33476 111 10/21/2021 c. Date Of 10/28/2021 Issuance: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale: KIERANHEALY BSC GROUP 10/8/2021 1"=10' 1.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 following interests of the Wetlands Protection Act. Check all that apply: a. r Public Water Supply b. r Land Containing Shellfish c. 57 Prevention of Pollution d. F Private Water Supply e. r Fisheries f. r Protection of Wildlife Habitat g. r Ground Water Supply h. r Storm Damage Prevention i. r Flood Control Page 1 of 12 * ELECTRONIC COPY Bk 34730 Pg107 #79775 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 2. Commission hereby finds the project, as proposed, is: Provided by MassDEP: MassDEP File #:083-2301 eDEP Transaction #:1317869 CityfTown:YARMOUTH Approved subject to: a. r 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. Denied because: b. r 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 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. r 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 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 r Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 31 0CMR 10.02(l)(a). a. linear feet Inland Resource Area Impacts:(For Approvals Only): Resource Area 4. f Bank 5. F- Bordering Vegetated Wetland 6. r Land under Waterbodies and Waterways 7. r Bordering Land Subject to Flooding Cubic Feet Flood Storage 8. r Isolated Land Subject to Flooding Cubic Feet Flood Storage Proposed Permitted Alteration Alteration a. linear feet b. linear feet a. square feet b. square feet a. square feet b. square feet e. c/y dredged f, c/y dredged Proposed Permitted Replacement Replacement c. linear feet d. linear feet c. square feet d. square feet c. square feet d. square feet a. square feet b. square feet c. square feet d. square feet e. cubic feet f. cubic feet g. cubic feet h. cubic feet a. square feet b. square feet Page 2 of 12 * ELECTRONIC COPY Bk 34730 Pg108 #79775 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 c. cubic feet 9. I- Riverfront Area Provided by MassDEP: MassDEP File #:083-2301 eDEP Transaction #:1317869 City/Town:YARMOUTH d. cubic feet e. cubic feet f. cubic feet Sq ft within 100 ft y c. square feet d. square feet e. square feet f. square feet Sq ft between 100-200 ft g. square feet h. square feet i. square feet j. square feet Coastal Resource Area Impacts: Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 10. r Designated Port Areas Indicate size under Land Under the Ocean, below 11. V Land Under the Ocean 9 9 a. square feet b. square feet 0 c. c/y dredged d. c/y dredged 12. r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. r Coastal Beaches 2 2 0 a. square feet b. square feet c. c/y nourishment d. c/y nourishment 14. r Coastal Dunes a. square feet b. square feet c. c/y nourishment d. c/y nourishment 15. r Coastal Banks a. linear feet b. linear feet 16. r Rocky Intertidal Shores a. square feet b. square feet 17. r Salt Marshes a. square feet b. square feet c. square feet d. square feet 18. r Land Under Salt Ponds c. c/y dredged d. c/y dredged 19. r Land Containing Shellfish 8 8 0 a. square feet b. square feet c. square feet d. square feet Indicate size under Coastal Banks, inland Bank, Land Under the 20. F- Fish Runs Ocean, and/or inland Land Under Waterbodies and Waterways, above c. c/y dredged d. c/y dredged 21. r Land Subject to Coastal Storm Flowage 10 10 a. square feet b. square feet Page 3 of 12 * ELECTRONIC COPY Bk 34730 Pg109 #79775 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: MassDEP File #:083-2301 eDEP Transaction #:1317869 Cityffown:YARMOUTH 22. F- Restoration/Enhancement (For Approvals Only) 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. r Streams Crossing(s) b. square feet of Salt Marsh If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. a. number of new stream crossings b. number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 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. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 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 Page 4 of 12 * ELECTRONIC COPY Bk 34730 Pg110 #79775 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: MassDEP File #:083-2301 eDEP Transaction #:1317869 City/Town:YARMOUTH the words, " Massachusetts Department of Environmental Protection" [or 'MassDEP"] File Number :"083-2301" 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 Mass DER 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the "Project") is (1) F- is not (2)r subject to the Massachusetts Stormwater Standards. If the work is subject to 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 Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 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 Page 5 of 12 * ELECTRONIC COPY Bk 34730 Pg111 #79775 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: MassDEP File #:083-2301 eDEP Transaction #:1317869 City/Town:YARMOUTH BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion. 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 19(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 Pollutant 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 19(f) through 19(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 19(f) through 19(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. 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. Page 6 of 12 * ELECTRONIC COPY Bk 34730 Pg112 #79775 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: MassDEP File #:083-2301 eDEP Transaction #:1317869 City/Town:YARMOUTH 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: D. Findings Under Municipal Wetlands Bylaw or Ordinance Lls a municipal wetlands bylaw or ordinance applicable? W, Yes F- No 27he Conservation Commission hereb check one that a lies : a. r DENIES the proposed work which 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 or Conditions is issued. Which are necessary to comply with a municipal ordinance or bylaw: b'r APPROVES the proposed work, subject to the following additional conditions. 1. Municipal Ordinance or YARMOUTH Bylaw WETLAND BY-LAW 2. Citation CHAPTER 143 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: SC#1. THIS ORDER SHALL APPLY TO ANY SUCCESSORS AND ASSIGNS IN INTEREST OR CONTROL AND ANY OTHER PERSON ENGAGING IN ACTIVITY ON THE PROPERTY IDENTIFIED IN THE NOTICE OF INTENT. SC#2. 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. SC#3. 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 Page 7 of 12 * ELECTRONIC COPY Bk 34730 Pg113 #79775 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: MassDEP File #:083-2301 eDEP Transaction #:1317869 Cityffown:YARMOUTH 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. SC#4. A PRECONSTRUCTION REVIEW SHALL BE ARRANGED BY THE CONTRACTOR WITH THE CONSERVATION ADMINISTRATOR AND SHALL OCCUR PRIOR TO THE COMMENCEMENT OF ANY WORK. SC#5. 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. SC#6. 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. SC#7. NONCOMPLIANCE WITH THESE CONDITIONS SHALL CONSTITUTE GROUNDS FOR AN ENFORCEMENT ORDER AND POSSIBLE FINES. FINES SHALL NOT EXCEED $300.00 PER DAY/PER VIOLATION. SC#8. 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. SC#9. WASHING OF EQUIPMENT/TOOLS SHALL BE DONE OFF -SITE OR HANDLED IN A MANNER APPROPRIATE BY THE CONSERVATION ADMINISTRATOR SC#10. NO EQUIPMENT SHALL BE REFUELED, NOR SHALL FUEL BE STORED WITHIN 100 FEET OF A RESOURCE AREA, SC#11. 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 MINMUZE EROSION. SC#12. THERE SHALL BE NO DREDGING IN CONNECTION WITH THIS PROJECT. SC#13. PILES PLACED BELOW MEAN LOW WATER QALW) SHALL BE MECHANICALLY DRIVEN TO REFUSAL, NOT JETTED. PILES IN A SALT MARSH AND COASTAL BANK SHALL BE PLACED BY HAND. Page 8 of 12 * ELECTRONIC COPY Bk 34730 Pg114 #79775 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: MassDEP File #:083-2301 eDEP Transaction #:1317869 City/Town:YARMOUTH SC#14. THE PROJECT SHALL CONSIST OF USING ONLY NON -LEACHING TYPES OF TREATED LUMBER. CCA OR CREOSOTE LUMBER IS PROHIBITED. SC#15. THE PROPOSED PIER SHALL BE DESIGNED TO ALLOW FOR ADEQUATE PUBLIC PASSAGE EITHER ABOVE OR BELOW THE STRUCTURE BETWEEN MEAN HIGH AND MEAN LOW WATER LINES. SC#16. NO HEAVY CONSTRUCTION EQUIPMENT, VEHICLES OR BARGES SHALL BE PERMITTED ON A BORDERING VEGETATED WETLAND, SALTMARSH OR TIDAL FLAT DURING THE CONSTRUCTION OF THE PIER. SC#17. 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 AREAS UNDER ANY CIRCUMSTANCES. SC#18. NO ADDITIONAL FLOATS OF ANY KIND (INCLUDING BUT NOT LIMITED TO SWIM FLOATS AND JET SKI FLOATS) SHALL BE MOORED FROM THE DOCK, PILINGS OR APPROVED FLOATS. SC#19. ALL SHELLFISH WITHIN THE FOOTPRINT OF THE PROPOSED STRUCTURE SHALL BE REMOVED UNDER THE DIRECTION OF THE NATURAL RESOURCE DEPARTMENT AT THE APPLICANT? S EXPENSE. SC#20. THE PIERS SHALL BE CONSTRUCTED TO MINIMIZE THE BLOCKING OF SUNLIGHT TO SHELLFISH BEDS AND GRASSES. THE PIERS SHALL HAVE PLANKS RUNNING ACROSS THE WIDTH WITH MIND" SPACES OF APPROXIMATELY? INCHES BETWEEN PLANKS, AND BE A MAXIMUM OF FOUR FEET WIDE. SC#21. A SILT CURTAIN SHALL BE USED TO PROTECT RESOURCE AREAS FROM CONSTRUCTION RELATED INCREASES IN TURBIDITY. SC#22. A COPY OF THE CHAPTER 91 LICENSE FROM DEP WATERWAYS SHALL BE SUBMITTED TO THE CONSERVATION COMMISSION. SC#23. 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. SC#24. 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. Page 9 of 12 * ELECTRONIC COPY Bk 34730 Pg115 #79775 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: MassDEP File #:SE83-2301 eDEP Transaction #:1317869 City/Town:YARMOUTH E. Signatures This Order is valid for three years from the date of issuance, unless otherwise / specified pursuant to General Condition 94. If this is an Amended Order of 1 C f Z 9 Z CJ 2-1 Conditions, the Amended Order expires on the same date as the original Order of 1. 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 Environmental Protection Regional Office, if not filing electronically, and the property owner, if dint From a 4icarl t Signat«res: r- by hand delivery on Date F. Appeals r4by certified mail, return receipt requested, on Date / 01Z �9 1 Z G� 21 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 Page 10 of 12 * ELECTRONIC COPY Bk 34730 Pg116 #79775 Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #:083-2301 Bureau of Resource Protection - Wetlands eDEP Transaction #:1317869 WPA Form 5 - Order of Conditions City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 (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. G. Recording Information 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. ............. I ....... ... To: ............................. --------------...- YARMOUTH Conservation Commission Please be advised that the Order of Conditions for the Project at: 40 MAYFLOWER TERRACE 0 8 3 -2 3 01 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner PETERXIMLE 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: Document Number Page 11 of 12 * ELECTRONIC COPY Bk 34730 Pg117 #79775 Massachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #:083-2301 Bureau of Resource Protection - Wetlands eDEP Transaction #:1317869 WPA Form 5 - Order of Conditions CiVrown:YAWOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Signature of Applicant Rev 4/1/2010 Page 12 of 12 * ELECTRONIC COPY JOHN F. MEADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY