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HomeMy WebLinkAboutOOC 2418 corecctedMassachusetts 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: MassDEP File 083-2418 eDEP Transaction 1688701 City/Town:YARMOUTH A.General Information 1. Conservation Commission YARMOUTH 2. Issuance a.OOC b.Amended OOC 3. Applicant Details a. First Name LINDA J. and JEFFREY A. b. Last Name COOK c.Organization SQUEEZE PLAY REALTY TRUST d.Mailing Address 98 DRIFTWOOD LANE e. City/Town YARMOUTH f. State MA g. Zip Code 02660 4. Property Owner a. First Name LINDA J. and JEFFREY A.b. Last Name COOK c.Organization SQUEEZE PLAY REALTY TRUST d.Mailing Address 98 DRIFTWOOD LANE e. City/Town YARMOUTH f. State MA g. Zip Code 02660 5. Project Location a.Street Address 98 DRIFTWOOD LANE b.City/Town YARMOUTH c. Zip Code 02660 d. Assessors Map/Plat# 127 e. Parcel/Lot#67 f. Latitude 41.70305N g. Longitude 70.18627W 6. Property recorded at the Registry of Deed for: a.County b. Certificate c. Book d. Page BARNSTABLE 193992 7.Dates a. Date NOI Filed 2/21/2024 b.Date Public Hearing Closed:3/7/2024 c.Date Of Issuance:3/15/2024 8.Final Approved Plans and Other Documents a. Plan Title:b.Plan Prepared by:c.Plan Signed/Stamped by:d.Revised Final Date:e.Scale: PROPOSED SHOREFRONT PROTECTION AND DOCK REPAIRS 98 DRIFTWOOD LANE. SHOREFRONT CONSULTING. DAN OJALA,P.E., P.L.S. DOWN CAPE ENGINEERING 12/7/2023 AS NOTED B.Findings 1.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 significant to the following interests of the Wetlands Protection Act. Check all that apply: a.Public Water Supply b.Land Containing Shellfish c.Prevention of Pollution d.Private Water Supply e.Fisheries f.Protection of Wildlife Habitat g.Ground Water Supply h.Storm Damage Prevention i.Flood Control 2. Commission hereby finds the project,as proposed,is: 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. 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 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 interests of the Act 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 disturbance and the wetland resource area specified in 310CMR10.02(1)(a). a.linear feet Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Alteration Permitted Alteration Proposed Replacement Permitted Replacement 4.Bank a.linear feet b.linear feet c.linear feet d.linear feet 5.Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6.Land under Waterbodies and Waterways a.square feet b.square feet c.square feet d.square feet e.c/y dredged f.c/y dredged 7.Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8.Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9.Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Resource Area Proposed Alteration Permitted Alteration Proposed Replacement Permitted Replacement 10.Designated Port Areas Indicate size under Land Under the Ocean,below 11.Land Under the Ocean 2 a.square feet 2 b.square feet c.c/y dredged d.c/y dredged 12.Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.Coastal Beaches 80 a.square feet 80 b.square feet 0 c.c/y nourishment d.c/y nourishment 14.Coastal Dunes a.square feet b.square feet c.c/y nourishment d.c/y nourishment 15.Coastal Banks 20 a.linear feet 20 b.linear feet 16.Rocky Intertidal Shores a.square feet b.square feet 17.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.c/y dredged d.c/y dredged 19.Land Containing 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 c.c/y dredged d.c/y dredged 21.Land Subject to Coastal Storm Flowage 80 a.square feet 80 b.square feet 22. Restoration/Enhancement For Approvals Only) If the project is for the purpose of restoring 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. 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 crossings b.number of replacement stream crossings C.General Conditions Under Massachusetts Wetlands Protection Act The following 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 modify 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 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. 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. 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 exceed 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 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. 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 083-2418" 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 Mass DEP. 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. 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. 18.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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19.The work associated with this Order(the Project")is 1)is not 2)subject to the Massachusetts Stormwater Standards.If the work is subject to 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 Pollutant Discharge Elimination System Construction General Permit 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 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 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 19(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 ii.)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 Pollutant 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 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(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. 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.l) Access for maintenance,repair,and/or 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:D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable?Yes No 2. The Conservation Commission hereby(check one that applies):a. DENIES the proposed work which 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 or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw:b. APPROVES the proposed work,subject to the following additional conditions.1. Municipal Ordinance or Bylaw YARMOUTH WETLAND BYLAW 2. Citation CHAPTER 143 3. 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:SEE SPECIAL CONDITIONS PAGE ATTACHED PAGES 7A AND 7B 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. 3/ 15/2024 1. Date of Original Order Please indicate the number of members who will sign this form.This Order must be signed by a majority of the Conservation Commission.7 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.Signatures: John Frost Ed Hoopes Pat Mulhearn Rick Bishop Paul Huggins David Bernstein Ellie Lawrence by hand delivery on by certified mail,return receipt requested,on Date Date 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 notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date 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 permit proceeding means the submission of written information to the 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 310 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.G. Recording Information 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:98 DRIFTWOOD LANE 083-2418 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of:County Book Page for: Property Owner LINDA J.COOK and has been noted in the chain of title of the affected property in:Book 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 Rev.4/1/2010 Page 1 of 9 * ELECTRONIC COPY