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HomeMy WebLinkAboutOOC Amended\-\ 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. '131 , $40 Provided by MassDEP sE83 2203 eDEP Transaction # Yarmouth C(y/Town A. Genera! !nformation YarmouthPl€ase note: thls form has been modrfred wth added space io accommodale the Registry of Deeds Requiremenls r From Conservation Commission 2 This issuance is for (check one)l 3. To: Applicant Kenneth afirst Name a. E Order of Conditions b. X Amended Order of Conditions Rodgers b Last Name c. Organization 136 Mariner Lane lmportant: VVhen filling out forms on the computer use only the tab key to move your cursor - do not use the return key d. Mailing Address Bay Shore NY f. State E9!g9rs b. Last Name 11706 g. Zlp Codee. City/Town 4. Property Owner (if different from applicant) Josephine a. First Name c. Organization 136 Mariner Lane d Mailing Address Bay Shore NY e. City/Town 5. Project Location: 1 'l North Cove Landing f. State South Yarmouth 11706 g. Zip Coae a. Street Address 52 b. City/Town 2 c. Assessors Map/Plat Number Latitude and Longitude, if known d. Pa.cei/Lot Number 41d39m44s *paloms doc . rev 418/200 d. Latitude MassDEP File # ,A 70d11m11s e Longitude WPA FORM s-ORDER OF CONDITIONS SPECIAL CONDITIONS.PAGE lOA OF 12 SE83-2203, Kenneth Rodgers 11 North Cove Landing, Yarmouth, MA 1 . The applicanuowner shall be respons,ble 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 "Oriers", a fine or both. 2. The conservation commission, its agent(s) or assig ned(s) shall havethe express rightofentry 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, measuremehts, 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 wjth 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, orfound 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" js valid for three years from the date of issuance unless otheMise 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 lntent" filing. 6. Noncompliance with these conditions shall constitute grounds for an Enforcement Order and possible fines. Fines shall not exceed $300.00 per daylper 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. lt is the applicant's responsibility to implement and maintain approprjate and adequate erosion controls measures throughout the construction process. 8. No work of any kind shall occur on the Resource Area side of the work limit line. This line shall be established prior to any construction or work. 9. All imported fill shall be clean and not contain any foreign debris such as cement, bituminous concrete, rubber, metal, trash, boulders, etc. Boulders will be allowed in speciflc instances if part of the project design. 10. Debris, including lifter, shall be picked up immediately. Any excess material that is excavated from the job site shall be disposed ofat a location approved by the Conservation Administrator or in a covered dumpster. No debris shall be allowed in a Wetland or Waterway. 1 1. Washing of equipmenvtools shall be done OFF-SITE or handled in a manner appropriate by the Conservation Administrator. '12. No equipment shall be refueled, nor shall fuel be stored within 100 feet of a resource area. 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. There shall be no dredging in connection with this project. 15. No pipes, drains, or outlets of anykindshall be placed in or through the bulkhead. 16. Piles placed below Mean Low Water (MLW shall be mechanically driven to refusal, not jetted. Piles in a salt marsh and coastal bank shall be placed by hand. '17. The project shall consist of using only non-leaching types of treated lumber. CCA or creosote lumber is proh ibited. 18. 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. 19. During the non-boating season any pier components including but not limited to floats and ramps, dinghaes, kayaks etc... shall be stored above the mean high water lines. There shall be no items stored upon salt marsh areas under any circumstances. 20. 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. 21. A copy of the Chapter9l license from DEP Waterways shall be submitted to the Conservation Commission. 22. A live (5) foot buffer strip of native vegetation shall be planted adjacent to the proposed bulkhead. The buffer strip of native vegetation shall be left UNDISTURBED. This is an on-going condition, in- perpetuity, that does not expire with the issuance of a Certificate of Compliance. The applicant must wait until the 2nd growing season (i.e. fall and spring) is complete before the Request for a Certificate of Compliance is submitted. Dunng 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. 23. There shall be no fertllizer use within 35 feet of Bass River. 24. No lawn shall exist beyond the buffer vegetation as shown on the approved plan. This is an on-going condition, in-perpetuity, that does not expire with the issuance of a Certificate of Compliance. 25. 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. 26. ln order to protect tomcod spawnang and juvenile development a time-of-year (TOY) restriction shall be observed. Any silt-producing activities shall be prohiblted from February 15 - April 30 ofany year. 27. Work shall occur during periods of low water. 28. Work shall be from the upland to reduce equipment on the beach. 29. There shall be no storage of construction material in the intertidal area. WPA FORM s-ORDER OF CONDITIONS SPECIAL CONDITIONS-PAGE 1OB OF 12 SE83-2203, Kenneth Rodgers 11 North Cove Landing, Yarmouth, MA WPA FORM s-ORDER OF CONDITIONS SPECIAL CONDITIONS-PAGE 1OC OF 12 SE83-2203, Kenneth Rodgers 11 North Cove Landing, Yarmouth, MA 30. Fuel spills from the refueling of construction equipment will adversely impact sensitive resource areas. lf equipment is to be refueled on-site, adequate contaanment and clean up material should be required. 31. Appropriate erosion control measures should be employed to minimize runoff from the property into the resource area during construction 32. 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 descrabed in the application and approved plans. Any deviation from the approved plan shall be identified. 33. 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 Condittons" shall be considered jncomplete until the "Certificate of Compliance" is issued by the Conservation Commission and recorded at the Registry of Deeds.