HomeMy WebLinkAboutOOC Recorded 5.23.2024Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:083-2423
WPA Form 5 - Order of Conditions eDEP Transaction
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 #:1697147
City/Town:YARMOUTI I
A. General Information
1 _ Conservation Commission YARMOUTH
2. Issuance a. r OOC b.I— Amended OOC
3. Applicant Details
a. First Name ROBY b. Last Name WHITEHOUSE
c. Organization TOWN OF YARMOUTH PUBLIC WORKS
d. Mailing Address 74 TOWN BROOK ROAD
e. City/Town WEST YARMOUTH f. State MA g. Zip Code
4. Property Owner
a. First Name
b. Last Name
c. Organization
TOWN OF YARMOUTH
d. Mailing Address
1466 ROUTE 28
e. City/Town
YARMOUTH f. State MA
5. Project Location
a -Street Address
SEA GULL BEACH ROAD**
b.City/Town
YARMOUTH
d. Assessors
Map/Plat#
15
f. Latitude
41.63516N
6. Property recorded at the Registry of Deed for:
a. County b. Certificate c. Book
BARNSTABLE 5742
g. Zip Code 02664
c. Zip Code 02673
e. Parcel/Lot# 23
g. Longitude 70.22444W
d. Page
175
7.Dates
a. Date NOI Filed: 3/7/2024 b. Date Public Hearing Closed: 5/2/2024 c. Date Of Issuance: 5/13/2024
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:
SEAGULL BEACH ROBY WHITEHOUSE 5/2/2024
RAKING PLAN
B. Findings
LFindings 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. Fv Public Water Supply b. I Land Containing Shellfish c.r Prevention of Pollution
d. I✓ Private Water Supply e. f Fisheries f. Ir Protection of Wildlife Habitat
g. r Ground Water Supply h. r Storm Damage Prevention i. I✓ Flood Control
2. Commission hereby finds the project,'as proposed, is:
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Bk 36372 Pg206 #19327
LlMassachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:083-2423
Bureau of Resource Protection - Wetlands eDEP Transaction #:1697147
WPA Form 5 - Order of Conditions City/fown:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Approved subject to:
a. W 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.r 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. r The information submitted by the applicant is not sufficient to describe the site, the work or the effect of the
work on tha 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 r Buffer Zone lmpacts: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 Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. r Bank
5.r Bordering Vegetated Wetland
6. r Land under Waterbodies and Waterways
7.l-" Bordering Land Subject to Flooding
Cubic Feet Flood Storage
8.r Isolated Land Subject to Flooding
Cubic Feet Flood Storage
9.1— Riverfront Area
a. linear feet b. linear feet
a. square feet b. square feet
a. square feet b. square feet
e. c/y dredged f, c/y dredged
a. square feet b. square feet
e. cubic feet f cubic feet
a. square feet b. square feet
c. cubic feet d. cubic feet
c. linear feet d. linear feet
c. square feet
d. square feet
c. square feet
d. square feet
d. square feet
c. square feet
g. cubic feet
h. cubic feet
e. cubic feet
f. cubic feet
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Bk 36372 Pg207 #19327
Massachusetts Department of Environmental Provided by MassDEP:
Protection
MassDEP File #:083-2423
Bureau of Resource Protection - Wetlands cDEP Transaction #:1697147
WPA Form 5 - Order of Conditions City/ fown:YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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 Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10. r- Designated Port Areas
Indicate size under Land Under the Ocean, below
11. r Land Under the Ocean
a. square feet b. square feet
c. c/y dredged d. c/y dredged
12. r Barrier Beaches
Indicate size under Coastal Beaches and/or Coastal Dunes below
13.rCoastal Beaches
218600 218600 0
a. square feet b. square feet 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
15.1— Coastal Banks
a. linear feet b. linear feet
16.r Rocky Intertidal Shores
a. square feet b. square feet
171- Salt Marshes
a. square feet b. square feet c. square feet d. square feet
18. r- Land Under Salt Ponds
a. square feet b. square feet
c. c/y dredged d. c/y dredged
191- Land Containing Shellfish
a. square feet b. square feet c. square feet d. square feet
Indicate size under Coastal Banks, inland Bank, Land Under the
20.1— Fish Runs
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
c. c/y dredged d. c/y dredged
21.Iv Land Subject to Coastal Storm Flowage 218600 218600
a. square feet b. square feet
22.
r- Restoration/Enhancement (For Approvals Only)
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LlMassachusetts 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 9:083-2423
eDEP Transaction #:1697147
City/Town:YARMOUTH
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 B V W
23.
F Streams Crossing(s)
b. square feet of Salt Marsh
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"
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Bk 36372 Pg209 #19327
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:083-2423
Bureau of Resource Protection - Wetlands eDEP Transaction #:1697147
WPA Form 5 - Order of Conditions Ciry/Fown:YARMOLITH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
[or'MassDEP"]
File Number :"083-2423"
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 DER
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) r is not (2)1% 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
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L1Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #:083-2423
Bureau of Resource Protection - Wetlands eDEP Transaction #:1697147
WPA Form 5 - Order of Conditions City/Town:YARMOUTH
. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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 Iots 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
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Bk 36372 Pg211 #19327
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:
MassDEP File #:083-2423
eDEP Transaction #:1697147
Cityrrown:YARMOUTH
Credits) shall not be altered without the prior written approval of the issuing authority.
1) 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
l .Is a municipal wetlands bylaw or ordinance applicable?tv Yes r No
2.The Con Quation Commission hereby(check one that applies):
a. r_ 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'l;< APPROVES the proposed work, subject to the
following additional conditions.
1. Municipal Ordinance or YARMOUTH
Bylaw 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 ATTACHED PAGES 7A AND 7B
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Bk 36372 Pg212 #19327
WPA FORM 5-ORDER OF CONDITIONS
SPECIAL CONDITIONS -PAGE 7A OF 9
SE83-2423, Town of Yarmouth
125 Seagull Beach
1. 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 always having a copy of the "Order of Conditions" on the job site 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 data/information
deemed necessary by this Commission for that evaluation.
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 day/per violation.
8. Washing of equipment/tools shall be done OFF -SITE or handled in a manner appropriate by the Conservation
Administrator.
9. No equipment shall be refueled, nor shall fuel be stored within 100 feet of a resource area.
10. Any area that is disturbed during construction shall be revegetated immediately or as soon after the growing season
commences, with appropriate native plantings. Permanent stabilization shall be carried out in order to minimize
erosion.
11. 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.
12. Beach raking may be conducted a maximum of once per week.
13. 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 until the
"Certificate of Compliance" is issued by the Conservation Commission and recorded at the Registry of Deeds.
NHESP conditions
I. Seagull Beach Management and Operations: To protect state -listed species and their habitats during the shorebird
nesting season, during April I — August 31 all management and operations located within state -listed species habitats
must implement the protection measures detailed in the Beach Management Plan (BMP) unless otherwise expressly
approved in writing by the Division.
2. State -listed Species Monitoring & Habitat Protection: The property owner and applicant have the responsibility of
protecting breeding Piping Plovers and state -listed species of terns that that occur on this beach. Therefore, regular
monitoring for the presence of Piping Plovers and terns by a qualified shorebird monitor, as determined by the
Division, during the period April 1 — August 31 shall be conducted annually. All nests, scrapes, and unfledged chicks
must be protected with symbolic fencing (warning signs and twine fencing) installed and maintained by or at the
direction of the qualified monitor. Symbolic fencing protects state -listed species nesting habitat, breeding adults,
nests, and chicks reducing disturbance and human -caused mortality. These fenced areas shall be managed in
accordance with the Massachusetts Division of Fisheries and Wildlife document of April 1993 titled Guidelines For
Managing Recreational Use Of Beaches To Protect Piping Plovers, Terns, And Their Habitats In Massachusetts
("Guidelines"). Greater management flexibility for plovers (i.e., deviations from the Guidelines) can only be
approved by the Division as part of a valid Certificate of Inclusion (COI) and MESA Conservation and Management
Permit (CMP) associated with the Statewide Habitat Conservation Plan (HCP). If the Applicant does not have a valid
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WPA FORM 5-ORDER OF CONDITIONS
SPECIAL CONDITIONS -PAGE 7b OF 9
SE83-2423, Town of Yarmouth
125 Seagull Beach
COI & CMP or if they expire, then recreational use and management must fully comply with the Guidelines and be
implemented with the protection measures specified in the BMP.
3. Beach Raking: To protect state -listed species, any raking during April or May can only occur if a qualified monitor,
as determined by the Division, has first determined the locations of all territorial birds and those territories have been
fenced and are excluded from raking so as not to deter pre -nesting birds. If state -listed nesting birds are present
during April 1 — August 31, then raking should occur as infrequently as possible, it must be conducted outside of
fenced areas, and in accordance with the Guidelines.
a. Initial winter clean-up utilizing mechanical beach rake, equipment, or vehicles must occur prior to April 1.
b. When unfledged chicks are on the beach, raking must be conducted with the guidance of a qualified
shorebird monitor who has determined the location of unfledged chicks. If, due to imminent health or human
safety concerns, mechanized cleaning must occur within 100 yards of unfledged chicks, vehicles must be
guided by a qualified shorebird monitor who has first determined the locations of all unfledged chicks.
c. Trash within fenced areas occupied by beach -nesting birds should only be removed if it presents a hazard
for birds or people. It must be removed by hand. Removal should be conducted by , or under the immediate
supervision of, a qualified shorebird monitor who has first determined the locations of all nests and
unfledged chicks.
d. For the benefit of beach -nesting birds, from April 1 through August 31, mechanical beach cleaning that
reduces the amount of wrack (seaweed and other organic debris) at the tide line should be minimized. If
wrack is present in typical volumes and does not contain much human trash or present a health risk, it
should be left in place. Trash within the wrack line must be removed by hand whenever feasible , leaving in
place the majority of the wrack. If copious amounts of wrack present a health risk or are a public nuisance
that necessitates removal , leave in place at least one-third of the fresh wrack from a normal tidal cycle to
provide foraging and sheltering opportunities for shorebirds.
4. Motorized Equipment: All motorized equipment on the beach during April 1 —August 31 must comply with the
("Guidelines").
a. All use and staging of utility vehicles (for all non -emergency situations), including but not limited to
distributing equipment to lifeguard stations and ADA mats, must avoid areas of symbolic fencing.
b. All equipment, vehicles (non -emergency) and beach rakes shall not travel within 100 yards of unfledged
Piping Plover or Least Tern chicks, unless the qualified monitor is able to locate and track all unfledged
chicks.
5. Authorization Duration: This authorization is valid for 5 years from the date of issuance. Pursuant to 321 CMR
10.22, a written request for extension of this determination can be submitted to extend this determination for an
additional five (5) year period (10 years total). Extension of the determination is subject to Division review and
approval and must be submitted to the Division prior to the expiration of this determination. Thereafter, the applicant
shall re -file under the MESA
6. Notice: Upon filing for renewal, extension, or amendment of the Orders of Conditions, the Applicant shall contact
the Division for written response regarding impacts to Resource Area habitat of state -listed wildlife.
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File #: SE083-2423
Bureau of Resource Protection - Wetlands eDEP Transaction #: 1697147
WPA Form 5 — Order of Conditions City/Town: YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §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 1. Date of Original Order
Conditions.
Please indicate the number of members who will sign this form. This Order must be
signed by a majority of the Conservation Commission. 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
RegionalOffice, if nof_filing electronically, and the property owner, ifdifferent from: applicant
Lr by hand delivery on ❑ by certified mail, return receipt requested, on
Date �� Li 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
Pageg of�- ELECTRONIC COPY
Bk 36372 Pg215 #19327
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:
MassDEP File #:083-2423
eDEP Transaction #:1697147
CityfTown:YARMOUTH
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:
SEA GULL BEACH ROAD**
Project Location
Has been recorded at the Registry of Deeds of:
083-2423
MassDEP File Number
County Book Page
for:
Property Owner
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 Rey. 4,112010
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BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Rehr