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Home My WebLink AboutOOC recordedE.k 36435 Fョ 67 116-24-2024 8 ÷24636 03■24p Massachusetts Departlnent of Environmental Protection Bureau of Rcsource Protcct10n―Wetlands WPA Forll1 5‐Order ofCo■ditions Massach¨ctts Wcdands Protection Act M G L c 131,§40 Provided by MassDEP: MassDEP File #:083-2428 eDEP Transaction #:17O9736 City/Toxu:YARMOUTH A. General Information l. Conservation Commission YARMOlrrHa F ∞C b「2 1ssuance 3 Applicant Detalis a Fttt Name c Org^n:ヮ atlolll d Malling Address e Clty/rown 4 Propcゥ CIwner a First Nalnc c Organization d Maitng Address e Ctty/Towtl 5 ProJect Location a Street Address b CltyTown d Assessors Map/Pla響 i Latittlde ■.Plall Title: b.Plan Prepared by: SttULLROADSLOPE STABILIZAT10N, ヽクヽ￢■■■VL SHEET C-1,C-2,D‐LUNDS7ED,PE l,D-2125 SEACJlllL ROAD PERMrrHNG PLAN 125 SEAGtjLL ROAD llAIIE YARMOU¶H DPW 74TOWN BROOK ROAD WEST YARMOtI「H i State TOWN OFYARMOtrrH i146 ROll「E28 SOlrmYARMOl「IH ■State 125 SEA GULL ROAD。'YARMOtrTH N/A 4163584N Amended OOC b. Last Name MA b. Last Name N{A c. Zip Code e- Parcel/Lot# g. Longinrde Wm g Zlp Code 02673 g Zlp Code 02664 02673 N/A 7022841W d.Page 6. Propcrty recorded at the Registry of Deed for: a.Collll" BARNSTAB班 7 Dates b ce洲 rlcate c. Book a, Date NOI Filed : 41212024 b. Date Public Heaflng Closed: 4118/2024 8.Final Approved Plans and Other Documents c Date Oflssuance:4/23/2024 c. Plan Signed/StaDped by: d, Rcvised l'inal Datc: e. Scale: COMPREHENSrVE 酬 Ю mm吐 INCORPCIRA‐DCOMPREHENSrVEENVIRONNINALNCORPORATED 10/20/2023 1"=5' 03/04/2024 1"‐5' B. Findings l.Findings pusuant to the Massachusetts Wetlands Protection Act Following the review ofthe the above-referenced Notice oflntent 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 l of9ネ ELECTROMc coPY Massrchusetts Department of Environmental Protection Bureau ofResource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Aot M.G.L. c. 131, $40 significant to the following intcrests ofthe Wetlands Protection Act. Check all that apply: a F Public Water Supply b. l- Land Containing c-F Prevention of Polluti d- F Private Water Supply e. l- Fisheries f. F Protection ofwildlife Habitat F Cround Water Supplv h. F Storm Damage Prevention i. F7 Flood Control 2. Commission hereby finds the project, as proposed, is: Approvcd subject to: a" F The following conditions which are necessary in accordance with the performance standards set forth ir 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 sp€cial conditions attached to this Order. To the extent that the following conditions modiry or differ from the plans, specifications, or other proposals submitted with the Notice oflntent, these conditions shall control. Denied becausc: b.I- 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 lorward unless and until a n€w Notice oflntent is submitted which provides measures which are adequate to protect interests ofthe Act, and a final Order ofConditions is issued. A description of the performence strndsrds which the proposed work cannot me€t ls rttiched to this Order. c.l- The information submitted by the applicant is not sufficient to describe the site, the work or the effect of lhe 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 io protect the interests ofthe Act , and a final Order ofConditions is issued. A description of the sp€cilic information which is lacking and why lt is nec€ssary is attached to thls Order rs per 310 CMR 10.05(6)(c). Pro■■dcdけ Mヽ DER Mヽ DEP File#1083‐2428 eDEP TralLSaC10n″:1709736 Cフ Town YARMCn― a. linear feet・「取脂Iこ胤lw窯∬篇灘深|:B]γttI面 t°fp・Cd d“urbttce and血 e wahnd Inland Resource Area Impacts:(For Approvals Only): Resource Area 4「B嶽 Proposed Alteratio■ Permitted Alteration Proposed Permitted Replacement Replacement 5.1- Bordering Vegetated Wetland 6. l- Land under Waterbodies and Waterways a. lincar feet b. linear feet ●llnear Feet d ilnear fcct a. square fcct b. square feet ;q"CEa a.Era'€EA ; sq"*"Ei I'..q,r-"Eia. square feet b. square feet ec/y dredged f. c/y dredged c. square feet d. square feet Page 2 of9 * ELECTRONIC COPY 7.1- Bordering Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storagc 8「Isolated Land Suけ ecttO Fl∞ding Cublc F∝tn∞d stOrage 9「RIvc∥[ont Arca sq nwlthln ilXlll sq a beween 100-200 ft Coostal Resollrce Area lmnpacts: Resourcc Area 10「Designated Port Areas H「Land Underthe Ocean l2.l- Barrier Beaches I 3 . l- Coastal Beaches l4.f Coastal Dunes l5.T Coastal Banks l6.f Rocky lntertidal Shores l7.T Salt Marshes l8.l- Land Under Salt Ponds 19.「Land Contalning Shell■sh 20.「Rsh R螂 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M-G.L. c. l3l, $40 e. *bi" f""t f. cubic fect a. rqude6 b. squarr fcct ilubi" fcet d. *bi" fc€t ;toAEfGi [tot isq.reei ilqr*eEi drquarc feet Pro宙 ded by MassDEP: MassDEP File″:083_2428 cDEP Tra―ctlon″:1709736 Cψ T"辞訥 nmI g. cubic feet h. cubic feet e. cubic feet i cubic feet e. square feet f. square feet h. square feet i. square feet j. square feetg square feet Proposed Aheration Permitted Proposed Permitted Alteratioo Replacement Replacement Indlcate size under Land Under the Ocean, below a. squat€feet b. square feet iltt"agad".rva'"asJ lndicate size under Coastal Beaches and/or Coastal Dunes below ;.c,r*Ei ilGr€foi ;./yooGffient A;/fiou"ffi;"t ".sqr"*Ei ilqr"*Ei ; c/ynoun-ffi;nt A;Eounshme.t " ti.*. f*t blinear feet ; sc,a,eEi ti!i; fect ;scuareEA tsquGreei;sqdEA Alqru."r""t ; sqlr'e6i 6..qrartEi ;./yd''dgAdglydreat; ;.q""* f*t ,;c..-Ei ;qrareE AE"areEi Indicate size urder Coastal Banks, inland Bank, Land Under the Oceaq and/or inland Land Under Waterbodies and Waterways, above Page 3 of9 t ELECTROMC COPY Massachusetts Departmeat of Environmental Provided by MassDEP: protection MassDEP File #:083-2428 Bureau of Resowce Protection - wetlands eDEP Transactioo #:1709736 wpA Form s - order of conditiotrs citv/TomYARMourH Massachusetts Wetlands Protection Act M.G.L- c. 131, $40 c. c/y &cdged d. c/y dredged 2l.P Land Subject to Coastal Storm Flowage 345 345 a. square feet b. square feet 22. l- Restoration/Enhancement (For Approvals Only) Ifthe project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footaBe that has been entered in Section B-5.c & d or B.l7.c & d above, please entered the additional amount here. a. square feet of BWV 23. b. square feet of Salt Marsh l- Sreams Crossing(s) Ifthe project involves Stream Crossings, please enter the number ofnew stream crossings/number ofreplacement stream crossings. a. number ofnew stream crossings b. numbcr ofreplacement stream crossings C. General Conditlons Under Massachusetts Wetlands Protection Act The following conditions are only applicrble to APProved projects L Failure to comply with all conditions stated herein, and with all relatcd statutes and other regulatory measwes, shall be deemed cause to revokc or modi! this Order. 2. The Order does not grant any property rights or any exclusive privileges; it do€s not authorizs any injury to private property or invasion of private raghts. 3. This Order does not relieve the permittee or any olher person ofthe necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulatioDs. 4. The work authorized hereunder shall be complcted wiihin three years from the date ofthis Ordcr unless either ofthc following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for complction has been extended to a specified date more than three years, but less than five years, from the date ofissuance. If this Order is irrtended to be valid for morc than three years, the extension date and the special circumstances warranting th€ 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 ofup to three years each upon application to the issuing authority at least 30 days prior to the expiration date ofthe Order. 6. Ifthis Order constitutes an Amend€d Order ofConditions, this Amended Order ofConditions does not exceed the issuance date ofthe original Final Order ofConditions. 7. Any fill uscd in connection with this project shall be clean fill. Any hll shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wirc, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any ofthe foregoing' 8. Ttrisbrder is not final until all administrativc appeal periods from this Order have elapsed, or ifsuch an appeal has been taken, until atl proceedings before the Department have been completed. 9. No work shall be undertaken until lhe Order has becomc final and then has been recorded in the Registry of Deeds or the Land Court for thc district in which the land is located, within the chain oftitle of the affected property. ln the case ofrecorded land, the Final Order shall also be noted in the Registry's Grantor Index rmder ihe name ofthe owner ofthe land upon which the proposed work is to be done. In the case ofthe registered Page 4 of9 ' ELECTRONIC COPY Mrssachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlauds WPA Form 5 - 0rder of Conditions Massachusens wetlands Protectiotr Act M.G.L. c. l3l, S40 lan4 the Final Order shatl also be noted on the Land Court Certificate of Title of the owner ofthe land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end ofthis Order, which form must be stamped by the Registry ofDeeds, prior to the commencement of work.. 10. A sign shall be displayed at the site not less then two square feet or more than thrce square foet in size bearing ihe words, " Massachusetts Departrnent of Environmental Protection" 17 [or 'MassDEP"] Fite Number :"081-2428" Where the Departrnent of Environmental Protection is requested to issue a Sup€rseding Order, the Conservation Crmmission shall be a party to all agency proceedings and hearings before Mass DEP. Upon completion ofthe work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) lo the Conservation Commission. The work shall conform to the plans and special conditions referenced in this order. Any change to the plans identified in Condition #l 3 above shall require the applicant to inquire of the Conservation Commission in wdting whether the change is s'ignificant enough to requirc the filing of a rrw Notice of Intent. The Agent or members ofthe Conservation Commission and the Department ofEnvironmental Protection shall have the right to enter and inspect the area subject to th.i6 Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal ofany data desmed necessary by the Conservation Commission or Dqlartrnent for that evaluation. This Order ofConditions shall apply to any successor in interest or successor in conhol ofthe property subject to this Order and to any contractor or other person performing work conditioned by this Order. Prior to the start ofwork, and ifthe project involves work adjacent to a Bordering Vegetated Wetland, the boundary ofthe wetland in the vicinity ofthe proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained untit a Certificate ofCompliance has been issued by the Conservation Commission. All sedimentation barriers shall be rnaintained in good repair until all dishrbed 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, ttre 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 notif the Conservation Commission, which reserves lhe right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limil ofwork unless another limit ofwork line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENIS 19. The work associated with this Order(the "Project") is (l) F isnot(2)f subjcct to th€ Massachusctts Stormwater Standards. Ifthe work is subject to Stormwater Standards, then the project is subject to the following conditions; a) AIt work, including site preparation, land disturbance, construction and redevelopment, shall be implenrented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, ifapplicable, the Stormwater Pollution Prevention Plan required by thc 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 stormwaler BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been Pro■■ded by MassDEP: MassDEP File#:083‐2428 eDEP Tmnsactlon#:17"736 Clty/rown:YARMOtrrH 16 Page 5 of9キ ELECTROMc coPY Massachusetts Department of Environm€ntol Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlsnds Protection ActM.G.L. c. l3l, S40 Pro宙 ded by MassDEP: MassDEP Fllc#:083‐2428 のEP T●n,“on#:1709736 cltyrOwn:YARMOurH removed or will be removed by a date certain specified in thc Certification. For any construction period BMPS intendcd to be converted to post construction operation for stormwater atteouation, recharge, and/or trcatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post conskuction oPeration, including removal ofall construction pcriod sediment trapped in inlet and outlet control structures; ir',. as-built f[ral construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifring the site is fully stabilized; iii. any illicit discharges to the stormwater managemcnt system have been removed, as per the requirements of Stormwater Standard l0; lv. 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. The landowner is respoosible for BMP mainlEnanc€ urtil the issuing authority is notified that another party has legally assumed responsibility for BMP maintemnce. Prior to requestiug a Certificate of Compliance, or Parriat Certificate ofCompliance, the responsible party (defined in General Condition l9(e)) shall execute and submit to the issuing authority an Operation and Mairtetrance Cornpliance Statement ("O&M Statement") for tbe Stormwater BMPS identirying the party r€sponsible for implementing the stormwater BMP Operation and Msir enance Plan ("O&M Plan") and cenifying the following: i.) the O&M Plan is complete and will be implemented upon receipt ofthe Certificate ofCompliance, and ii.) the fuhrc responsible parties shall be notified in q/riting oftheir ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwat€r Pollution Prevention Plan. Post-construction pollution prcvention and source control shall be implemented in accordance with the long- term pollution prevention plan section of thc approved Stormwater Report an{ if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector General Permit. Untess and until another party accepts responsibility, the landowner, or owner ofany dmhage qsoment, assumes responsibility for maintaining each BMP. To overcome this Presumption, the landowner ofthe property must submit to the issuing authority a legally binding agreement ofrecord, 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 p€rmittee for purposes of implementing the requirements of Conditions l9(f) tbrough l9(k) with respect to that BMP. Any failure ofthe proposed responsible party to implement the requirements of Conditions l9(f) through l9(k) with resp€ct to that BMP sball be a violation ofthe Order ofConditions or Certificate ofCompliance. Itr the case ofstormy/ater BMPS that are serving more than one lot, the Iegally binding agreement shall also identiff the lots that will be scrviced by the stormwater BMPS- A plan and easement deed that grants the responsible party access to perfomr the required operation and maintenance must be submitted along with the legally binding agreemenl. The responsible party shalt operat€ and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. The responsible party sball: t. Miintain an operation and maintenance log for the last tkee (3) consecutive calendar years of inSpeCtions, repairs, maintenance and/or replacement Ofthe stormrf,ater mana8ement system or any palt thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Makc rhe maintcnance log available to MassDEP and the Conservation Commissioo ("Conunission") upon request; and 3. Allow members and agents ofthe MassDEP and the Commission to enter atrd 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. め g) Page 6 of9■ELECTRONIC COPY Massachusetts Depsrtment of Environmentel Protection Bureau of Resource Protection - Wetlands WPA tr'orm 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. l3l, $40 h) All sedfient or other contaminants rernoved fiom stormwater BMPs shatl be disposed of in accordance wiih all applicable federal, state, and local laws and regulations. i) Illicit rJischarges to the stormwater management system as detined rn 310 CMR l0.M are prohibited. j ) The stormwater maDagem€nt system approved in the Order of Conditions shall not bc changed without tie prior written approval ofthe issuing authority. k) Areas designated as quali$ing pervious areas lor the purpose of the Lo',v Impact Site Design Credit (as defined in the MasDEP Stormwater Handbook, Volume 3, Chapter l, Low Impact Development Site Design Credits) shall not bc altered without the prior written approval ofthe issuing authority. l) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fcncing constructed around stormwater BMPs shall include access gates and shall be at lcast six inches above grade to allow for wildlife passage. Specid Conditions: D. Findings Under Municipsl W€tlends Bylaw or Ordinence l.Is a municipal wellands bylaw or ordinance applicable?F Yes l- No 2-The Conservation Commission herebl/lcheck one that apDlies)' a,f DENIES the proposed wor* which cannot bc conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: L Municipal Ordinaoce or Bylaw 2 CimtiOn Therefore, work on this project may not go forward unless and until a revised Notice oflntent is submitted which provides measures which are adequate to meet these standards, and a Iinal Order or Conditions is issued. Which are necessary to comply with a municipal ordinance or bylaw: b'p APPROVES the proposed work, subject to the following additional conditions. Prondcdけ M6SttP MassDEP Flle″:083つ428 eDEP Tranc●on#:170"36 CIty/ro■■:YARMOtrrH 2 Citation CHAPTER 143 3.The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice oflntent referenced abovc. To the extcnt that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice oflntent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: SEE SPECI,AL CONDITIONS PAGE 74 ATTACHED l Municipa1 0rdinancc or Bylaw YARMO― WETLAND BYLAヽV Page 7 of9'ELECTROMC COPY WPA TORM s-ORDER OF CONDITIONS SPECIAL COIIDTTIONS.PAGE 7A OF 9 SE83-2428, Town of Yarmouth 125 Sea Gull 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 thc Notice oflntent. 2. The applicant/owner shall be responsible for always having a copy ofthe "Order ofConditions" on thejob site and shall be responsible for insuring that all persons performing the permitted activity are fully aware ofits terms and conditions. Failure to do so may result in the revocation ofthese "Orders", a fine or both. 3, The Conservation Commission, its agcnt(s) or assigned(s) shall have the express right of entry upon the job site at all reasonable times for the purposes ofestablishing compliance with the "Order ofConditions", "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 ofany data/information deemed necessary by this Commission for that evaluation'4. A preconstruction review shall be aranged by the contractor with the Conservation AdminisEator and shall occur prior to the cornmencement of atry work. 5. Any change in the approved plan(s) shall require the Applicant to file, in writing, a notice ofproject change with this Commission. The Commission will determine the significance of the chatrge 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 ofConditions" is valid for three years fiom the date ofissuance unless otherwise specifically noted in the "Orders". Extension Permit requests must be applied for at least 30 calendar days prior to the expiration date ofthe 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, Debris, including litter, shall be picked up immediatcly. Any excess material that is excavated from the job site shall be disposed ofat a location approved by the Conservation Administrator or in a covered dumpster. No debris shall be allowed in a Wetland or Waterway- 9. Washing of equipmenvtools shall be done OFF -SITE or handled in a manner appropriate by the Conservation Administrator. 10. No equipment shalt be refueled, nor shall fuel be stored within 100 feet ofa resource area. I I . Any area that is dishrrbed during construction shall be revegetated imm€diately or as soon after the Srowing season commences, with appropriate native plantings. Permanent stabilization shall be carried out in order to minimize erosion. 12. The native vegetation shall be planted per the approved plan and shall be left UNDISTURBED. This is an on-going condition, in-perpetuity, 0rat does not expire with the issuance ofa Certificate ofCompliance- The applicant must wait untit the second growing season is complete before th€ Request for a Ccrtificate ofCompliance is submitted. During this time psriod, the Commission/Conservation Administrator may requirc additional plantings if it is determined that any specimens are dead or dying and need replacement. 13. Monitoring reports with photos and a narative ofany maintenance activiti€s conducted that year and needed th€ rext year shatl be submitted annually in October to assess the project success. 14. No heary consEuction equipment, vehicles or barges shall be permitted on a bordering vegetated wetland, saltmarsh or tidal flat during the construction. I 5 . 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 ofConditions" shall be considered incomplete until the ,'Certificate ofCompliance" is issued by the Conservation Commission and recorded at the R€gistry ofDeeds' Page 7a of9'ELECTROMC COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands \ilPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. l3 l, $40 E. Signatures This Order is valid for three years from thE date ofissuance, unless otherwise specified pursuant to General Condition tt4. Ifthis is an Amended Order of Conditions, the Amended Order expires on the same date as the original Order of t. Conditions. Please indicate the number of members who will sign this form. This Order must be signed by a majoriry ofthe Conservation Commission. 2. Providcd by MassDEP: MassDEP File#I SE083-2428 eDEP Transaction#:1709736 City′Town:YARMOUTH ulruz'r Date of Original Order (, Number of Signers The Order must be mailed by certified mail (return receipt requcstcd) or hand delivered to the applicant. A copy also must bc mailed or hand delivered at the same time to the appropriate D€partment of Environmental Protection Regional Office, ifnot filing electronically, and the property owner, ifditIerent from applican( 乱c面 .d mttJcmm ttμ “ぃにm Date .l\t-s\zrr,,, E) by hand detivery on Date F. Appeals The applicant, the owncr, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any tcn residents ofthe city or town in which such land is locatcd, are hereby notified oftheir right to request thc appropriatc MassDEP Regional Office to issue a Superseding Ordcr ofConditions. Thc requesl must be made by certified mail or hand delivery to the Department, with the appropriatc filing fec and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the dat€ ofissuance ofthis Order. A copy ofthe request shall at the same time be sent by cenilied mail or hand delivery to the Conservation Commission and to the applicant, ifhe/shc is not the appellant. Any appcllants seeking to appeal the Depanment's Supenieding Order associated with this appeal will be required to demonstrate prior panicipation in the review ofthis project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close ofthe public hearing, requesting a Sup€rseding Order, or providing written information to the Department prior to issuance ofa Supcrseding Order. Thc request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protectior ofthe interests identified in the Massachusetts Wetlands Protection Act rug{ ort. ELECTRoNTc copy Signanues: 鶴: Massachusetts Department of Environmentd Protection Bureau of Resource Protection - Wetlaods WPA Form 5 - Order of Conditions - r Massachusetts wetlands Protectioo Act M.G.L. c. 131, $4o subject to the Order ofconditions. 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. Y脚 10um Conservation Commission Please be advised that the Order ofConditions for the Project at: 125 SEA GULL ROAD**083-2428 Provlded by MassDP: nssDEP File F:083-2428 eDEP Transac●on澤■709736 CtソTttn:YARMOUIH Project Location Has been recorded at the Registry ofDeeds of: MassDEP Filc Nulllbcr Comり Book Page For: Property Owner and has been noted in the chain oftitle ofthe affected property in: Book In accordance with the Order ofConditions issued on: Date Ifrecorded land, the inslrument numb€r idcntirying this transaction is: Instrument Number Ifregistered land, the document number identiffing this tsansaction is: Document Number Signamrc ofApplicant BAR∥STABLE RECiSTRY OF DEEDS 』ohl l M翻 II ttster Page Page9 of9 Ⅲ ELECTRONC COPY