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Home My WebLink AboutOOC amendedL; UO) iLr `f Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-22065 WPA Form 5 — Order of Conditions MaSSDEP File # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ei P Transaction # Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth City/Town A. General Information Please note; Yarmouth this torn has 1.From: t6"n a on Commission been modified with added 2. This issuance is for space to a. ❑Order of Conditions b. 2 Amended Order of Conditions accommodate (Check One). the Registry of Deeds 3. To: Applicant: Requirements Steven and Gail _......................___ a. First Name Important: When filling _..... _ out forms on c. Organization the 33 Bancroft Road computer, use only the d. Mailing Address tab key to Melrose move your e. City/Town cursor - do not use the 4. Property Owner (if different from applicant): return key. 0o a. First Name 16X c. Organization __ - d. Mailing Address e. City/Town _ 5. Project Location: 184 Blue Rock Road a. Street Address 101 _.__..__.._ _. p.._ ..... ._ __.__ _._ c. Assessors Ma�lPlat �Number Latitude and Longitude, if known: wnat0.'M5 d0C • rev T Ut226'4 Trulli b. Last Name MA 02176 I. State g Zip Code b. Last Name I. State g. Zip Code Yarmouth b. City/Town 161 d. ParceUlot Number d m s d. Latitude s _._..V...__....._ m .. . e. Longitude Page 1 01,2 9 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-2065 --- j WPA Form 5 - Order of Conditions Ll MassDEP File if Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction a I Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth _._ —. GitylTown A. General Information (cost.) 6 Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Barnstable 96807 a. County b. Certificate Number (if registered land) c. Book d. Page 4121 /2016 612/2016 06,116/2016 �. Dates: ameneded 10/18/2016 amended 1113/2016 amended 1117/2016 s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Trulli Residence Proposed Site Plan 184 Blue Rock Road a Plan Title J.M O'Reilly Associates Inc John M O'Reilly b. Prepared By c. Signed and Stamped by May 26,, 2016� 1 '=20' — — - -- __........... _....... . —_._. _� ... _�.-- d. Final Revision Date e. Scale Trulli Residence Landscape Plan 10/18,116 f. Additional Plan or Document Title g. Date B. Findings t. 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 b. ® Land Containing Shellfish c. ® Prevention of Pollution a ❑ Private Water Supply e. ® Fisheries f ® Protection of Wildlife Habitat g. ❑ Groundwater Supply h, ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. WPafwmS 00C • rev- i 1 • 2'20 i a Page 2 of 12 -- _. Massachusetts Department of Environmental Protection Provided by MassDEP Bureau of Resource Protection - Wetlands SE83 2065 MassDEP File # WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction a ? Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth City7own B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project 0 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 a. ❑ Bank 5. ❑ Bordering Vegetated Wetland 6. ❑ Land Under Waterbodies and Waterways 7. ❑ Bordering Land Subject to Flooding Cubic Feet Flood Storage a. ❑ Isolated Land Subject to Flooding Cubic Feet Flood Storage 9 ® Riverfront Area Sq ft within 100 ft Sq ft between 100- 200 ft a. linear feet b, linear feet c linear feet d. linear feet _..... _...... _.___.._�_____ a. square feet b, square feet c square feet d, square feet a. square feet b. square feet c. square feet d. square feet e. cly dredged f. cly dredged a. square feet b. square feet c. square feet d. square feet e. cubic feet 1. cubic feet a. square feet b. square feet c. cubic feet 3123 a, total sq feet ,,q_tf C. square feet g. square feet d. cubic feet b. total sq, feet d. square feet 141 h. square feet g, cubic feet e. cuNc feet h_ cubic feet f. cubic feet e. square feet f, square feet i. square feet j, square feet wpa Or S dOc - rer 111'22'2014 rage 3 cif 12 j Massachusetts Department of Environmental Protection LlI Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 I Town of Yarmouth Wetland By-law, Chapter 143 B. Findings (cont.) Provided by MassDEP: SE83-2065 MassDEP File r eDEP Transaction Yarmouth City, Sown Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10 ❑ Designated Port Indicate size under Land Under the Ocean. below Areas 11 ❑ Land Under the Ocean a. square feet b. square feet c. cfy dredged d. cry dredged 12 ❑Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13 ❑ Coastal Beaches cu yd cu yd a square feet b square feet c. nourishment d. nourishment ❑ Coastal Dunes cu d_. cu yd a square feet b. square feet c nourishment d nourishment 15. ® Coastal Banks 125 125 a. linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a square feet b square feet n ❑ Salt Marshes _._.....__ _ _.. _.__.. a, square feet b square feet c square feet d. square feet 18. ❑ Land Under Salt Ponds a. square feet b, square feet c. cIy dredged d c%y dredged 19_ ® Land Containing -400 �400 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 Coastal Storm Flowage a ciy dredged b, cry dredged 1290 1290 a. square feet b, square feet w¢dlarrns.doc -Fes-.. , i'*?-,n=s -age 4 �� 12 Massachusetts Department of Environmental Protection I 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.) ' 022 If the 22. project is for the purpose of restoring or enhancing a wetland resource area 23, in addition to the square footage that has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BYw) or The following conditions are only applicable to Approved projects. B.17.c (Salt Marsh) above. 1 Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures. shall be deemed cause to revoke or modify this Order. the additional 9 Y y amount here. 2. The Order does not grant any property rights or any exclusive privileges: it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Provided by MassDEP SEf33-2065 MassDEP Pile eDEP Transaction u Yarmouth City7own ❑ RestorationtEnhancement ': a. square feet of B"N' Stream Crossing(s): a. number of new stream crossings b. square feet of salt marsh b. number of replacement stream crossings 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 6116/2019 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. wparorm5.00c • rer. 11 12.2C14 pa;)e;!6;'2 - Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-2065 WPA Form 5 -- Order of Conditions MassDE? File i � Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 eoEP Transactd 10n � Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth City'Town C. General Conditions Under Massachusetts Wetlands Protection Act 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land. the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done, in the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words. "Massachusetts Department of Environmental Protection" [or, "MassDEP] "File Number SE83-2065 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. wmformS.Ox • rev, l I "12'2014 Page 6 of *2 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-206 MassDEP File # Ll WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaclion it Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth City�7own 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. 1 & 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 S, Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures, ii. as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10: x15afOrm5.d(v - rev. 11112,2014 Page -, Qr 12 Massachusetts Department of Environmental Protection Provided by MassDFP: Bureau of Resource Protection - Wetlands SE83-2065 Ll 1 WPA Form 5 - Order of Conditions MassDEP Flew Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEQTransaOon1�' i Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cunt.) 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 iL) 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. wpatorrn5.W_„ c - rev. 1112.; 14 Wage 8 c, '.' Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands SE83-2065 ...... MassDEP Fite # 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 City'Town C. General Conditions Under Massachusetts Wetlands Protection Act (cant.) 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, andlor 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(11), 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. s,aformsdoc• rev_tttt2:20'4 Massachusetts Department of Environmental Protection Provided by MaSsDEP Bureau of Resource Protection - Wetlands SE83_2065 WPA Form 5 - Order of Conditions MassDEP Fiie Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction __________ I Town of Yarmouth Wetland By-law, Chapter 143 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 2_ Citation 9. 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 pages, Special Conditions Pages 1QA.10B, and 10C of 12 WC*40m5-0oh• rev.11,12,2a?a Page 100412 WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10A OF 12 SE83-2065, STEVEN AND GAiL TRULLI 184 BLUE ROCK ROAD, YARMOUTH 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. A "work limit" line shall be established with Erosion Controls (i.e straw bales, staked filter fabric, bark mulch, "silt sacks," products made with rice straw, and other weed - free products or approved by the Commission.) Hay bales are not allowed. It is the applicant's responsibility to implement and maintain appropriate and adequate erosion controls measures throughout the construction process. Page 1 of 3 WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10B OF 12 SE83-2065, STEVEN AND GAIL TRULLI 184 BLUE ROCK ROAD, YARMOUTH 8. No work of any kind shall occur on the Resource Area side of the work limit line. This line shall be established prior to any construction or work. 9. Debris, including litter, shall be picked up immediately. Any excess material that is excavated from the job site shall be disposed of at a location approved by the Conservation Administrator or in a covered dumpster. No debris shall be allowed in a Wetland or Waterway. 10. Washing of equipment/tools shall be done OFF -SITE or handled in a manner appropriate by the Conservation Administrator. 11. No equipment shall be refueled, nor shall fuel be stored within 100 feet of a resource area. 12.Grading shall be accomplished so that runoff shall not be directed to the property of others. The project shall not increase runoff, nor cause flooding or storm damage to abutters other property owners or wetland Resource Areas. 13.Any area that is disturbed during construction shall be revegetated immediately or as soon after as the growing season commences, with appropriate native plantings. Permanent stabilization shall be carried out in order to minimize erosion. 14. No pipes, drains, or outlets of any kind shall be placed in or through the bulkhead. 15. 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. 16. Native vegetation shall be planted on the fiber roll array and the coastal bank. The native vegetation shall be left UNDISTURBED. This is an on -going condition, in - perpetuity, that does not expire with the issuance of a Certificate of Compliance. The applicant must wait until the Td growing season (i.e. fall and spring) is complete before the Request for a Certificate of Compliance is submitted. During this time period, the Commission/Conservation Administrator may require additional plantings if it is determined that any specimens are dead or dying and need replacement. 17. Landscape Debris, including leaves, grass clippings, brush, or other shall not be allowed within the wetland resource area. This is an on -going condition that does not expire with the issuance of a Certificate of Compliance. Page 2 of 3 WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10C OF 12 SE83-2065, STEVEN AND GAIL TRULLI 184 BLUE ROCK ROAD, YARMOUTH 18.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. 19. 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. 20. Refer to NOAA Guidance for Considering the Use of Living Shorelines for the salt marsh restoration; 21.A 4:1 ratio of large native shrubs will be planted to replace the three pine trees being removed. The trees will be flush cut and roots will remain in the ground; 22. The landscaping wall in the south of the property will be moved landward 5ft from the coastal bank with native plantings (no lawn) in front of the wall. An updated plan will be provided to the Conservation Administrator to reflect this; 23. An aquatic version of herbicide will be used on the coastal bank; 24. Annual monitoring reports will be provided for the salt marsh restoration for 3 years; 25. Spring monitoring of the integrity of the fiber roll array will be carried out for the term of the Order of Conditions, along with inspection after any major storm events. Page 3 of 3 Massachusetts Department ofEnvironmental Protection provided bywassDEp: � f Bureau of i| �2OO5 SE�MosxoEppile | ' �� 00�—��rder��f/��nd^t^��ns LI� #�� Massachusetts Wetlands Protection Act M.G.L.c. 131. §40 *DeFi fiansaG*on � Town of Yarmouth Wetland By-|avv.Chapter 143 Yarmouth _ ot,7oww . . . �. E. Signatures ... .....�� This Order isva|}dfor\bnmyeara.un|emnothorwisaspocifiedasaspaoial condition pursuant hoGeneral Conditions #4.from the date ofissuance. 1Date o/Issuance Please indicate the number ofmembers 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) mhand 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. ifnot filing electronically, and the property if different from applicant. ' Signatures~--- — �� -- ---- F7 by hand delivery on Date F. Appeals The applicant, the owner. any person aggrieved bythis Order. any owner ofland 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 nftheir right to request the appropriate kXmnsOEPRegional Office huissue a Superseding Order of Conditions, The request must be made by certified mail or hand delivery Unthe Department, with the appropriate filing fee and acompleted Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date nfissuance nfthis Order. Acopy ofthe request shall ot the same time besent by cerlified mail or hand delivery to the Conservation Commission and to the applicant, 1 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 inthe permit proceeding means the submission ofwritten information 1othe 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 (310CMR1O.DO).Tothe extent that the Order imbased onmmunicipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has nuappellate jurisdiction. wP"mIm»CK=`~`m,zm,^ Page ,`oA 12 — — — ' Massachusetts Department of Environmental Protection Provided by MassDEP. j SE83 2065 Bureau of Resource Protection -Wetlands -- MassDEP File 0 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 City.'Town 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: 184 Blue Rock Road SE83-2065 Project Location MaSSDEP File Number Has been recorded at the Registry of Deeds of: Barnstable County Book Page for. _____._ Property Owner and has been noted in the chain of title of the affected property in: 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 Signature of Applicant xgatorrr,�.3ac• rev. 11+12:2014 Page 12 01 12 LMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a. Street Address b. CityfTown. Zip c, Check number d, Fee amount Important: When filling 2. Person or party making request (if appropriate, name the citizen groups representative): out forms on . .. . . ....... the computer, Name use only the . ............... . ..... tab key to Mailing Address move your .......... ........... cursor - do State Zip Code not use the ....... . ......... return key. Phone Number Fax Number (if applicable) 3, Applicant (as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 4B), Order of Conditions (Form 5). Restoration Order of Conditions (Form 5A), or Notice of Non -Significance (Form 6)): Name Mailing Address _bity;'To'Wn' Phone Number 4. DEP File Number: State Zip Code Fax Number (if applicable) B. Instructions 1. When the Departmental action request is for (check one): ❑ Superseding Order of Conditions — Fee: $120.00 (single family house projects) or $245 (all other projects) El Superseding Determination of Applicability — Fee: S120 (:1 Superseding Order of Resource Area Delineation — Fee: $120 wpaiormbdoc- rev. 111122014 Page 13 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands oEP File Number. Request for Departmental Action Fee _......._.. Transmittal Form Providea by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) Send this form and check or money order. payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Girder is based on a municipal bylaw. and not on the Massachusetts Wetlands Protection Act or regulations. the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http.',/wwiv.mass.00vr`eea`agenciesimassdep,'abouticontacts }. 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpale)krV�> Ox • rsv. 11 '.270aa Page 14 Oj ?2