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HomeMy WebLinkAboutEO 7.25.2023LiMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands ll WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 A. Violation Information DEP File Number: Important: When filling out This Enforcement Order is issued by: forms on the computer, use only the tab Yarmouth Conservation Commission (Issuing Authority) 7/25/2023 Date key to move To: your cursor - do not use the Craig and Jane Audet return key. Name of Violator 118 Driftwood Lane Address 1. Location of Violation: Property Owner (if different) 118 Driftwood Lane Street Address South Yarmouth 02664 City/Town Zip Code 128 3 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): installation of an unpermitted retaining wall, excavation, and unpermitted vegetation removal on the coastal bank, and the buffer zones to a coastal bank and salt marsh B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00) and Yarmouth Wetland protection Bylaw Ch. 143, because: ® the activity has been/is being conducted in an area subject to protection under c. 131, § 40 Ch.143 or the buffer zone without approval from the issuing authority (i.e., a valid Order of C, or Negative Determination). wpaform9a.doc • rev.5/18/2020 LiMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: ll WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 B. Findings (cont.) ❑ the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: Name Dated File Number Condition number(s) ❑ The Order of Conditions expired on (date): Date ❑ The activity violates provisions of the Certificate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c. 131 s.40 and the buffer zone, but has altered an area subject to MGL c. 131 s.40. ❑ Other (specify): C. Order The issuing authority hereby orders the following (check all that apply): ® The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource areas. ❑ Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. ® A restoration plan shall be filed with the issuing authority on or before August 21, 2023 Date for the following: re -vegetation of the areas that were impacted by vegetation removal. The restoration shall be completed in accordance with the conditions and timetable established by the issuing authoritv. -m9a doc • rev.5/18/2020 Page 2 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 C. Order (cont.) ❑ Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on or before: Date for the following: No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action (e.g., erosion/sedimentation controls) to prevent further violations of the Act: A silt fence for erosion control will be installed immediately at the edge of pavement just below the wall excavation area to prevent sediment from entering the waterway. An RDA will be filed by November 22, 2023 to seek permitting for the upper retaining wall prior to construction. A plan showing an infiltraion chamber, drywell, or similar to prevent untreated runoff from entering the waterway shall be submitted by November 22, 2023 for approval Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Brittany DiRienzo Name 508 398 2231 ext 1288 Phone Number M-F 8.30 to 4pm Hours/Days Available Issued by: Yarmouth conservation commission Conservation Commission signatures required on following page. wpaform9a.doc • rev.5/18/2020 Page 3 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 D. Appeals/Signatures (cont.) In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures. - Signature Signature Signature Signature Signature Signature Signature Signature Signature of delivery person or certified mail number Printed Name Printed Name Printed Name Printed Name Printed Name Printed Name Printed Name Printed Name wpaform9a.doc • rev.5/18/2020 Page 4 of 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands �WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 D. Appeals/Signatures (cont.) In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: Sign re K--�7; Printed Name ,� SignattNe Printed Name Sign to Printed Name Signature Printed Name Signature Printed Name Signature Printed Name Signature Printed Name Signature Printed Name Signature of delivery person or certified mail number wpaform9a.doc • revS1812020 Page 4 of 4 118 Driftwood Lane Enforcement Order Conditions List 1. Submit 7 copies of a restoration plan by August 21, 2023. 2. Native species (trees, shrubs, groundcovers, flowers) incorporated into the Re -vegetation planting plan shall be approved by the Conservation staff and be selected from the list of approved species. (see Cape Cod Cooperative Extension Unit's List of Native Plants of Barnstable County) as provided by the Yarmouth Conservation Commission. 3. Prior to the start of work, the applicant shall convene an onsite meeting with the contractor, consultant and the Conservation Division staff to discuss the scope of work and protocols. 4. Annual reports with photos shall be submitted for 3 years, starting once the plants have been installed. Report due date: October 30, 2023, 2024 and 2025 5. The existing path may be maintained. 6. Clearing or pruning of vegetation within the restoration planting area is prohibited except for the removal of storm damaged limbs and branches which may impact the newly planted specimens. 7. Temporary above ground irrigation is allowed while the plantings establish. This must be removed after 2 years. 8. No mulch is allowed within the restoration planting, except for a ring under the drip line of each shrub at the time of installation to improve moisture retention. 9. Full restoration shall be completed by October 30, 2023 10. The proposed spacing for each plant or plant type will, in general, adhere to the horticultural industry standards. Always consult Cape Cod Cooperative Extension Service (CCCES) native planting lists for species -specific planting and spacing data (www.capecodextension.org). Shrubs, which may include large shrubs or small trees, should be spaced as follows: 2 gallon shrubs shall be planted 2 - 3 feet apart 3 gallon shrubs shall be planted 3 - 4 feet apart Ground covers, including native meadow grasses, lowbush blueberry and bearberry should be spaced as follows: 2 inch plugs shall be planted 12 inches on center, 3 inch or 4 inch pots shall be planted 12 to 18 inches on center, 1 or 2 gallon plants shall be planted 2 feet on center. 11. Failure to meet any of the deadlines listed above shall result in the issuance of an additional enforcement orders and non -criminal citations. Deadlines may only be extended by the Conservation Agent or the Conservation Commission.