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Home My WebLink AboutEO 3.26.2025 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 A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the Yarmouth 3/20/2025 computer, use only the tab Conservation Commission(Issuing Authority) Date key to move To: your cursor- do not use the John and Susan Bassick return key. Name of Violator ` 65 Marshall Street, Paxton MA 01612 „rbAddress 1. Location of Violation: / X\ Property Owner(if different) 122 Thacher Shore Road Street Address Yarmouth 02675 City/Town Zip Code 131 2.1 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Unpermitted activitity within a resource area and its buffer zone: Removal of vegetation and fill/regrading within a bordering vegetated wetland and its buffer zone. 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). wpaform9a.doc•rev.5/18/2020 Page 1 of 4 1 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. 5/1/2025 ® A restoration plan shall be filed with the issuing authority on or before Date for the following: Restoration of the vegetated wetland and at least a 10 ft buffer 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 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands \� WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 C. Order (cont.) ❑ Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on or before: Date for the following: No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action (e.g., erosion/sedimentation controls)to prevent further violations of the Act: See special conditions attached. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or(b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Brittany DiRienzo Name 508 398 2231 ext 1288 Phone Number M-F 8.30 to 4pm Hours/Days Available Issued by: Yarmouth Conservation Commission Conservation Commission signatures required on following page. wpaform9a.doc•rev.5/18/2020 Page 3 of 4 122 Thacher Shore Rd Enforcement Order Conditions List 1. The wetland boundary must be delineated in the field by a wetland professional as soon as possible. A brief report documenting the original site conditions and grades will be submitted. This shall include a list of the number, species,and size of all trees removed,and a general summary of the previously existing vegetation. 2. As soon as possible,the erosion control must be reinstalled properly to prevent additional sediment from washing into the stream. The original grade will be restored. The area will be seeded with an approved wetland seed mix and if any steep areas exist, stabilized with jute. Aim to complete as soon as possible,by May 15th 2025. 3. A professional restoration plan shall be Submitted(8 copies)by a CERP wetlands specialist*with full planting protocol and report by May 1,2025. The area to be restored shall be the entire wetland area plus at least a 10-foot buffer. The restoration plan shall include tree replacement for the trees removed. 4. The plan shall indicate property lines 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. 5. Identify a"no disturbance zone"boundary with a single rail fence,bollards, or similar on the plan and in the field located at the 10-foot buffer or further landward.There shall be no disturbance beyond the demarcation line. 6. 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. 7. The CERP wetlands specialist must implement the restoration or at least provide field oversight for the implementation. The chosen contractor will be identified and approved by conservation prior to any work. Any proposed change to contractors will be submitted in writing to the conservation division for approval. 8. Prior to start of work,the applicant shall convene an onsite meeting with the contractor/consultant and the Conservation Division staff to discuss the scope of work and protocols. 9. If possible based on nursery and contractor availability,at least 30%of shrubs shall be installed by June 1, 2025. The remainder are to be installed in the Fall 2025 by November 1, 2025. 10. Written notice will be provided to the conservation division once the planting is completed 11. 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. 12. Irrigation in consultation with staff.Temporary above ground irrigation is recommended. 13. No mulch is allowed within the restoration planting except within the drip line of each plant at the time of installation. 14. Annual monitoring reports with photos shall be submitted by a CERP wetland specialist* for 3 years. Report due date: Nov. 1,2025,2026, 2027 15. 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). 16. Failure to meet any of the deadlines listed above shall result in the issuance of additional enforcement orders and non-criminal citations.Deadlines may only be extended by the Conservation Administrator or the Conservation Commission. 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. CERP-Certified Ecological Restoration Practitioner from the Society of Ecological Restoration Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 9 Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 D. Appeals/Signatures (cont.) In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Yarmouth Conservation Commission Signatures: —CC,/ ,0Oy C Sign rq Printed Name olv Signature PrintedName � ftAik_ 1 � l Signature P((riinteyf Na � � Signature Printed I,/i&f1.✓e- • Signature Printed Name Signature Printed Name Signature Printed Name Signature Printed Name 7c°Y 0(SO 0003 z.0-C i _(4) Signature of delivery person or certified mail number wpaform9a.doc•rev 5/18/2020 Page 4 of 4