HomeMy WebLinkAboutRatified EO 4.18.2025 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 ratified 4.17.25, draft sent 4.10.2025
computer, use
only the tab Conservation Commission(Issuing Authority) Date
key to move To:
your cursor-
do not use the Ann Wiggins
return key. Name of Violator
1539 County Rd 67, Bremen AL 35033
Vrtab Address
1. Location of Violation:
/ X.
Property Owner(if different)
61 Pheasant Cove Circle
Street Address
Yarmouth 02675
City/Town Zip Code
149 50
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Unpermitted alteration of a wetland resource area and its buffer zone: Cutting and/or removal of
vegetation within the velocity flood zone, 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
Massachusetts Department of Environmental Protection
DEP File Number:
-- Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By-Law, Chapter 143
B. Findings (cont.)
❑ the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the
buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative
Determination of Applicability) issued to:
Name Dated
File Number Condition number(s)
❑ The Order of Conditions expired on (date):
Date
❑ The activity violates provisions of the Certificate of Compliance.
❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone,
but has altered an area subject to MGL c.131 s.40.
❑ Other(specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
® The property owner, his agents, permittees, and all others shall immediately cease and desist
from any activity affecting the Buffer Zone and/or resource areas.
® Resource area alterations resulting from said activity shall be corrected and the resource areas
returned to their original condition.
® A restoration plan shall be filed with the issuing authority on or before Date
for the following:
Entire disturbed area
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:
L_ 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:
Your attendance is required at the Yarmouth Conservation Commission meeting on April 17, 2025
hearing at 5pm in the Town Hall Hearing room 1146 Route 28 to discuss the matter. Please 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
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order
LMassachusetts 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
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wpaform9a.doc•rev.5/18/2020 Page 4 of 4
4 ° o TOWN OF YARMOUTH
' Conservation
5 -4.I 1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 02664-4492
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t� MATTACNEESE J Telephone(508)398-2231,Ext. 1288,Fax(508) 398-2365 Division
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Enforcement Order Conditions List- 61 Pheasant Cove Circle
1. Cease and desist from any further disturbance to the wetland.
2. The wetland boundary must be delineated in the field by a wetland professional.
3. A brief report documenting the original site conditions will be submitted by July 17,2025 by a wetlands
professional, including documentation of any resprouting shrubs and trees, a list of all trees removed,and
a general summary of the previously existing vegetation.
4. A professional restoration plan shall be Submitted(8 copies)with full planting protocol by July 17, 2025.
The area to be restored shall be the entire disturbed area up to the fence.The restoration plan shall include
tree replacement for the trees removed.
5. 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.
6. Identify a"no disturbance zone"boundary with a single rail fence,bollards,or similar on the plan and in
the field.There shall be no disturbance beyond the demarcation line.
7. 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.
8. The 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.
9. 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.
10. Full restoration must be completed by October 30,2025.
11. Written notice and photographs will be provided to the conservation division once the planting is
completed
12. 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.
13. Irrigation in consultation with staff.Temporary above ground irrigation is recommended.
14. No mulch is allowed within the restoration planting except within the drip line of each plant at the time of
installation.
15. Annual monitoring reports with photos shall be submitted by a wetland specialist* for 3 years.Report due
date: Nov. 1,2026,2027,2028
16. 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).
17. 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,or a CERP-
Certified Ecological Restoration Practitioner from the Society of Ecological Restoration