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Home My WebLink AboutEO 12.11.23 LIMassachusetts 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 A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the Yarmouth 12/7/2023 Computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Dayton and Matt Grew return key. Name of Violator 317 Weir Road Address X` 1. Location of Violation: Dayton and Matt Grew (317 Owners) and Thomas and Linda Grew(353 Owners) Y Property Owner(if different) 317 and 353 Weir Road Street Address Yarmouth 02675 City/Town Zip Code 126 43 and 42.1.1 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Vegetation removal and regrading in the buffer zones to a vegetated wetland and pond. At least 7 Mature trees were removed in addition to all understory vegetation. 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 and Ch.143 or the buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative Determination). Page 1 of 4 wpaform9a doc•rev.5/18/2020 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 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 March 21, 2024 Date for the following: Restoration of entire disturbed area using approved native plantings including varying heights of trees and shrubs. The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. wpaform9a.doc•rev.5/18/2020 Page 2 of 4 317 Weir Road Enforcement Order Conditions List 1. Submit 8 copies(one stamped copy)of a restoration plan by a wetland specialist* or certified arborist or 2. horticulturist or Certified Ecological Restoration Practitioner(CERP)landscape contractor with full planting protocol by March 21,2024. 3. The plan shall indicate property lines, structures,and all jurisdictional areas(i.e. edge of wetlands, coastal bank, flood zone, river front), and shall include 35', 50'and 100' buffer from wetland resource areas. 4. 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. 5. Annual reports with photos shall be submitted for 3 years, starting once the plants have been installed. Report due date:June 30, 2024, 2025,and 2026 6. The planting area must remain undisturbed, in perpetuity. There shall be no cutting or mowing in the restoration area,with the exception of the existing path. The path may be maintained. 7. 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. 8. 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. 9. Irrigation in consultation with staff. 10. No mulch is allowed within the restoration planting except immediately under the drip line of each plant at the time of planting. 11. Full restoration shall be completed by June 30,2024 12. 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. Wetland specialist-a person or company that has at least 2 years experience in performing wetland assessment, delineations, permitting or consulting OR a person who holds an advanced degree in wetland science(wetlands, wildlife, fisheries),OR a person that holds a Professional Wetland Scientist(PWS)certification Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number — Enforcement L WPAForm90rder 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: JZ ‘--e' .— Er1 NOcX5 Signature ('") Printed Name �J��vo Vj, 2 S CON v-(IY_SA-CirN .0 Signatur Pr' eq Name c k1., `v\S\r‘dq Signature Printed Name 6k1kt W t e1\ce Signat P inted Name ?..,7-471r-t— c36\iN.xr\ \--1-0 Si Signgfur Pri ted Name ycA Nwt\tuat4\ Signature V i P Anted Name k f 7 VAuki .) ,ems Signature Printed Name Signature Printed Name 700(6 0\ SC' 0a03 20ZC 1 (iC1CD Signature of delivery person or certified mail number wpaform9a.doc•rev.5/1 8/2020 Page 4 of 4