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HomeMy WebLinkAboutOOC recordedffit{ - Sffi?:I Fs;Idt 1 *:t63p6BJ&*3r:3-pr3:e3 fr r:r=s54s} Massachuseth Department of Environmental hovided by MassDEP: Protection MassDEP File#:083-2387 Bureau of Resource Protection - Weflands eDEP Transaction #:,1536617 WpA Form 5 - Order of Conditions CitylToum:YARMOUTH Massachusetts Weflands Protection Act M.G.L. c. 131, $40 A. General Information l.ConservationCommission YARMOUIH 2.Issuance a- tr OOC b.r AmendedOOC 3. Applicant Details a. FirstName RICHARDANDELLEN b. LastName MELLO c. Organization d. Mailing Address 140 BLUE ROCKROAD e. CitylTown YARMOUIH f. State fvIA g.ZipCode 02664 a. Property Owner a. FirstName RICHARDAIIDELLEN b. LastNarne MELLO c. OrganiTation d. Mailing Address 140 BLUE ROCKROAD e. City/Town YARMOUIH f. State IvIA g.ZipCode 02664 5. Project Location a.SheetAddress I40BLUEROCKROAD b.City/Tovm YARMOUil{ c.ZipCode 02664 d. Assessors Map/Plat# 111 e' Parcel'/Lo# 27 f. Latitude 41.691l9N g. Longitude 70.16960W 6. Property recorded at the Registry of Deed for: a. County b. Certificate c. Book d. Page BARNSTABLE a9W 213e1 271 T.Dates a. Date NOI Filed,: 3/2012023 b. Date Public Hearing Closed: 6/1512023 c. Date Of Issuance: 6120/2023 8.Final Approved Plans and Other Documents a. Plan fitle: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale: PROPOSED SITE PLANSHOWING TrrEpRoposED JOHNM.OREILLY J.MOREILLY& .ARAGEAI.{D P.L.S Assoca-TEs,INC. 512812023 l"-20' BULKHEAD SKETCHPI-AI.I SHOWING SHOREFRONT PROPOSEDTREE CONSULTING 615/2023 I"-20' REMOVAL B. tr'indings l.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 Page 1 of 9 * 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 significant to the following interests of the Wetlands Protection Act. Check all that apply: a 17 Public Water Supply b. f Land Containing Shellfish c.l7 Prevention of Pollution d. 17 Private V/aGr S.upply e. tr Fisheries f. F Protection of Wildlife Habitat 17 Ground Water Supplv h. 17 Storm Damase Prevention i. lE Flood Conhol 2. Commission hereby finds the project, as proposed, is: Approved subject to: a17 The following conditions which are necessary in accordance with the performance standards set forth in the weflands 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 modifr or differ ftom the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b.l- 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 rmtil a new Notice of Inte,nt 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.l- T,he information submitted by the applicant is not suffrcient 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 Notioe of Intent is submitted which provides sufficie,nt information and includes measunes which are adequate to protect the interests of the Act , and a final Order of Conditions is issued. A description of the specilic information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(O(c). 3.f Buffer Zsns rmpacts:Shortest distance between limit of project disturbance and the wefland resource area specified in 310CMR10.02(1)(a). ;. fin-ear feei Inland Resource Area Impacts:(For Approvals Only): Provided by MassDEP: MassDEP File #:083-2387 eDEP Transaction #: 1536617 City/Toum:YARMOUTII Resource Area Proposed Alteration Permitted Alteration Proposed Permitted Replacement Replacement 4. f Bank 5.f Bordering Vegetated Wetland 6. f Land under Waterbodies and Waterways 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 c. squafe feet d. square feet 7.f Bordering Land Subject to Flooding a. square feet b. square feet Page 2 of 9 * ELECTRONIC COPY Massachuseffs 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 Feet Flood Storage 8. i- Isolated Land Subject to Flooding a. square feet c. cubic feet 29042 Sq ft within 100 ft Sq ft between 100-200 ft Coastal Resource Area Impacts: Resource Area 10. i--" Designated Port Areas 11. i- Land Under the Ocean Lz.f Barier Beaches 13.17 Coastal Beaches A.f Coastal Dunes 1 5. 17 Coastal Banls 16.f Rocky Intertidal Shores L7 .f Salt Marshes 18.1- Land Under Salt Ponds 19.r' Land Containing Shellfish 20.t Fish Runs a. total sq. feet b. total sq. feet c. square feet d. square feet e. square feet f. square feet g. square feet h. square feet i. square feet j. square feet Proposed Pennitted Proposed Perrritted Alteration Alteration Replacement Replacement Indicate size under Land Under the Ocean, below a. square feet b. square feet c. cly dredged d. c/y dredged Indicate size under Coastal Beaches and/or Coastal Dunes below 341 34t 0 a. square feet b. square feet c. cly nourishment d. c/y nourishment a. square feet b. square feet c. cly nourishment d. c/y nourishment t2t l2l a. linear feet b. linear feet a. square feet b. square feet a. square feet b. square feet c. square feet d. square feet a. square feet b. square feet c. cly dredged d. c/y dredged a. square feet b. square feet c. square feet d. square feet Indicate size urder Coastal Banls, inland Bank, Land Under the Ocean, and/or inland Land Under rWaterbodies and Waterways, above Page 3 of 9 * ELECTRONIC COPY Providod by MassDEP: MassDEP File #:083-2387 eDEP Transaction #: 1536617 City/Town:YARMOUTH Cubic Feet Flood Storage 9.F Riverfront Area e. cubic feet f. cubic feet b. square feet d. cubic feet 29042 g. cubic feet h. cubic feet e. cubic feet f. cubic feet MaSSaChuSettS Department of Enyironmental ProvidedbyMassDEP: protection MassDEPFile #:083-2387 Bureau of Resource protection _ Wetlands eDEP Transac'tion #:,1536617 wpA Fom 5 - order of conditions citv/TovarYARMou[I Massachusetts Wetlands Protection Act M.G.L. c. 131, $40 c. cly dredged d. cly dredged 2l.v Land Subject to Coastal Storm Flowage 686 686 a. square feet b. square feet 22. l- Restoration/Enhancement (For Approvals Only) Ifthe project is for the pu4)ose ofrestoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c & d or B.17.c & d above, please entered the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 23. r Streams Crossing(s) If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. a. number of new stream s1s$ings b' numbe-r of rqllacement streem crossrngs C. General Conditions Under Massachusetts Weflands Protection Act The followlng 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 modiff 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 ofprivate rights. 3. This Order does not relieve the permittee or any otherperson 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 rmless either of the following apply: a. the vrork is a maintenance dredgrng project as provided for in the Act; or b. the time for completion has been exte,uded to a specified date more than three years, but less than five years, from the date of iszuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the exte,nded 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 exoeed 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 tash, refuse, rubbish, or debris, including but not limid to lumber, bricls, 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 administative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Deparffient 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 ofrecorded land, the Final Order shall also be noted in the Registry's Grantor Indox under the name of the oimer of the land upon which the prqrosed work is to be done. In the case of the registered Page 4 of9 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Bureau of Resonrce Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, $40 Provided by MassDEP: MassDEP File #:083-2387 eDEP Transaction #:1536617 City/Toum:YARMOUTII lando 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 murl $6 sfnmFed by the Registry of Deeds, prior to the commencement ofwork.. 10. A sip shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, " Massachusetts Deparhent of Environmental Protection" [or TvIassDEP'] File Number :"083-23 87" 11. Where the Deparhent of Environmental Protection is reguested to issue a Superseding Order, the Conse'nration Commission shall be a party to all agency proooedings and hearings before Mass DEP. 12. Upon completion of the work desoribed herein, the applicant shall zubmit a Request for Certifrcate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referelrced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conselrration 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 Deparhrcnt of Environmental Protection shall have the riCht to "6q 6d 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 Deparhent for that evaluation. 1 6 . This Order of Conditions shall apply to any successor in interest or successor in contol of the property subj ect to this Order and to any contactor or other person performing work conditioned by this Order. 17. Prior to the start of worlg and if the project involves work adjacent to a Bordering Vegetated Wetlan4 the bormdary of the wefland 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 rmtil all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wefland or water body. During constuction, the applicanJ or his/her desigrree shall inspect the erosion contols on a daily basis and shall rcmove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately uoti$ the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention contols it may deem necessary. Sedimentation bariers shall serve as the limit ofwork rmless another limit of work line has been approved by this Order. NOTICE OF STORMWATER @NIROL A}rID IvIAINTENAIICE REQIJIREMENTS 19. The work associated with this Order(the "Project") is (1) f is not (2)17 subject to tho Massachusetts Stormwater Standards. If the work is subject to Stormwat€r Standards, then the project is subject to the following conditions; a) All work, including site prqraration, land disturbance, constuction and redevelopment, shall be impleurented in accordance with the constuction period pollution prevention and erosion and sedimentation contol plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Pemnit 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 runoffmay be discharged to the post-consfiuction stormwater BMPs unless and rmtil a Registered Professional Engineer provides a Certification thail l'. all constuction period BMPs have been Page 5 of 9 * 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, $40 removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater atteiruation, recharge, and/or teatment, the conversion is allowed by the MassDEP Stormwater Ilandbook BMP qpecifications and that the BMP has been properly cleaned or prepared for post constuction operation, including removal of all construction period sediment happed in inlet and ouflet control shuctures; il'.. as-built final construction BMP plans are included, siped and stamped by a Registered Professional Engineer, certi$ing the site is fully stabilized; fii. any illicit discharges to the stormwater management system have been removd as per the requirements of Stormwater Standard 10; rv. all post-construction stormwater BMPs are installed in accordance with fhe plans 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-constuction BMPs is suitably established to withstand erosion. c)The landowner is responsible for BMP maintenance rmtil the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial C€rtificate of Compliance, the responsible party (defined in General Condition 19(e) shall execute and zubmit to the issuing authority an Operation and Maintenance Compliance StatemeNrt ('O&M Stateme,lrt") for the Stomrwater BMPs identiffiug the party responsible for implementing the stomrwater BMP Operation and Mainte'nance Plan ("O&M Plan") and certiffing 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 manageme,lrt BMPs and implement the Stormwater Pollutiou Prevention Plan. Post-constuctionpollutionprevention and source contol 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 Pennit. Unless and until another party accepts responsibility, the landowner, or owner of any drainage easeNnent, 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, widencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be teated as a permittee for purposes of implementing the requirements of Conditions 19(f) through 19ft) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions l9(f) through 19ft) with respect to that BMP shalt be a violation of the Order of Conditions or Certificate of Compliance. In the case of storrrwater BMPs that are serving more than one lot, the legally binding agreeme,nt shall also identifr the lots that will be servioed by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance mustbe submitted along with the legally binding agreement. The responsible party shall operate and maintain all stormwater BMPs in accordance with the desip plans, the O&M Plan, and the requiremelrts of the Massachusetts Stormwater llandbook. The responsible party shall: l. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, rqlairs, maintenance and/or replacernent of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the tlpe of material and the disposal location); 2. Make the mainteuance log available to IvlassDEP and the Conservation Commission ("Commission") uponrequesfi ant 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 approvedby the iszuing autho'rity. e) Page 6 of 9 * ELECTRONIC COPY Provided by MassDEP: MassDEP File #:083-2387 eDEP Transaction #:l 536677 City/Toum:YARMOUTII d) s) Massachusetts Department of Environmental ProvidedbylvlasoEP: protection IvIassDEPFile #:083-2387 Bureau of Resource protection _ Wetlands eDEP Transac{ion #:,1536617 wpA x'orm 5 - order of conditions citv/rounrYARMourH Massachusetts Wetlands Protection Act M.G.L. c. 131, 940 h) All sedime,lrt 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 syst€m 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 uritten approval ofthe issuing authority. k) Areas designated as quali$ing pervious areas for the purpose of the Low Inrpact Site Design Credit (as defined in the tvIassDEP Stormwater Handbook, Volume 3, Chapter 1, Low tnpact Developm.ent Site Design Credits) shall not be altered without the prior written approval of the issuing authority. l) Access for maintenance, repair, and/or rpplacement of BMPs shall not be withheld. Any fencing constucted arotmd storrrwater BMPs shall inolude access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions: D. Findings Under MunicipalWetlands Bylaw or Or.linance l.Is a municipal weflands bylaw or ordinance applicable?lF Yes l- No 2.The Conservation Commission hereby(check one that applies): af DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance orbylaw 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 measwes which are adequate to meet these standards, and a final Order or Conditions is issued. Which axe necessary to comply with a municipal ordinance or bylaw: O',o APPROVES the proposed work, subject to the following additional conditions. 1. Municipal Ordinance or YARMOUIH Bylaw WETLANDBYLAW 2' Citation CHAPTER 143 3.The Commission orders that all work shall be performed in accordance with fte following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modiff or differ from the plans, specifications, or other proposals submitted with the Notice of Intenq the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: PLEASE SEE ATTACIIED SPECIAL CONDIIIONS PAGES 7A ATID 7B Page 7 of 9 * ELECTROMC COPY WPA FORM s-ORDER OF CONDITIONS SPECIAL CONDITIONS-PAGE 7A OF 9 SE83-2387, Richard Mello 140 Blue Rock Road l. 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. 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.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 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 datalinformation deemed necessary by this Commission for that evaluatron.4. A preconstruction review shall be arranged by the contractor with the Conservation Administrator and shall occur prior to the commencement of any work. 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.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.7. Noncompliance with these conditions shall constitute grounds for an Enforcement Order and possible fines. Fines shall not exceed $300.00 per daylper violation. 8. 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. This line shall be established prior to any construction or work.9' Debris, including litter, shall be picked up irrrnediately. Any excess materialthat is excavated fron 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. I I . No equipment shall be refueled, nor shall fuel be stored within 100 feet of a resource area. 12. The access route shall not deviate from the route shown in the approved plan. The disturbed area will be restored with native plants as listed on the approved plan to a sufficient density as determined by the CA. 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. Restoration ofnative vegetation shall be planted per the approved plan. This vegetation shall be left UNDISTURBED. This is an on-going condition, in-perpetuity, that does not expire with the issuance of a Cemificate of Compliance. The applicant must wait until the second growing season 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. 15. No lawn shall exist beyond as shown on the approved plan. This is an ongoing condition, in perpetuity, that does not expire with the issuance of a Certificate of Compliance. 16. 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. 17. Further alteration within the restoration or mitigation area is prohibited, except as may be required to maintain the area in its restored or mitigated condition. Prior to requesting the issuance of the Certificate of Compliance, the applicant shall demonstrate the restoration or mitigation has been successfully completed for at leasi two growing seasons. Page 7a of 9 *ELECTRONIC COPY WPA FORM s-ORDER OF CONDITIONS SPECIAL CONDITIONS-PAGE 7B OF 9 SE83-2387, Richard Mello 140 Blue Rock Road I 8. There shall be no gravel strip at the top of bank as described in general note #5 on the sketch plan showing proposed tree removal revised 615123 19. There shall be no dredging in connection with this project. 20. No pipes, drains, or outlets ofany kind shall be placed in or through the bulkhead. 21. No heavy construction equipment, vehicles or barges shall be permitted on a bordering vegetated wetland, saltmarsh or tidal flat during the construction. 22. A stamped "As Built Plan" shall be certified by the Design Engineer (Massachusetts registered Professional Engineer or land Surveyor) and will certifl, 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 upp.ou.d plans. Any deviation from the approved plan shall be identified. 23. 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 untilitre "Certificate of Compliance" is issued by the Conservation Commission and recorded at the Registry of Deeds. Page 7b of 9 *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. l3 1, $40 E. Signatures This order is valid for three years from the date of issuance, unless otherwise specified pursuant to General condition #4. If this is an Amended order of conditions, the Amended order expires on the same date as the original order of Conditions. Please indicate the number of members who will sign this form. This order must be signed by a majority of the Conservation Commission. Provided by MassDEP: MassDEP File #: SEO83-2387 eDEP Transaction #: 153 6617 CitylTown: YARMOUTH 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 different from applicant S ign J Orcertified mail, return receipt requested, ontr by hand delivery on Date Date b [zo [zo?3 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, are hereby n-otin"A of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The requei must bemade by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Requestfor Departmental Action Fee Transmittal Form, as provided in 310 CMR iO.O:(Z) wi-thin ten busineis days from thedate 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 pe#it proceeding means the submission of written information to the Conservation Commission prioi to the close tf tn" prUti. hearlng, 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 W.tturar protection Act Page(ot'[-ELECTRONIC COPY Massachusetts Departmgnt of Environmental ProvidodbylllasoEP: protection MassDEPFile #:083-2387 Bureau of Resource protection _ Wetlands eDEPTrmsaction#:1536617 wpA Form 5 - order of conditions cltv/TovarYARMou[I Massachusetts Wetlands Protection Act M.G.L. c. 131, 940 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. YARMOUTI{ Conservation Commrssron Please be advised that the Order of Conditions for the Project at: 14OBLUEROCKROAD 083-2387 To Project Location Has been recorded at the Registry of Deeds of: MassDEP File Number County Book Page for: Property Owner RICHARD ANID ELLENMELLO and has been noted in the chain of title of the affected property in: Book In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identi$ring this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Page Rev 4ll/2010 BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register Page 9 of 9 * ELECTRONIC COPY