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HomeMy WebLinkAboutOOC recorded 5.22.2025 May 22, 2025 Job No. 23-0169-01 Yarmouth Conservation Commission Attn: Brittany DiRienzo, Conservation Administrator 1146 Route 28 South Yarmouth, MA 02664 Sent via email: bdirienzo@yarmouth.ma.us Re: E-Recorded Order of Conditions Coir Fiber Roll Array & Sand Nourishment on Primary Coastal Dune Great Island Homeowners Association, c/o Cynthia Richards Great Island Road, Yarmouth, MA DEP File No. SE 83-2464 Land Court Document: 1,523,469 Dear Commission Members: Enclosed please find the recording receipt indicating that the Order of Conditions issued by the Yarmouth Conservation Commission on May 21, 2025, for the above-referenced project, was E-recorded with the Barnstable Registry of Deeds on May 21, 2025. If you have any questions or require additional information, please give me a call at 508-495-6205 or send an email to bbower@woodsholegroup.com. Sincerely, Bradford Bower Environmental Permitting Specialist BGB Enclosures: as stated cc: Cynthia Richards, Great Island Homeowners Association Great Island Realty Trust Leslie Fields, Woods Hole Group, Inc. Chris Gloninger, Woods Hole Group, Inc. Doc:1,523,469 05-21-2025 3:06 Massachusetts Department of Environmental Protection Provided by MassDEP- X-- Bureau of Resource Protection - Wetlands MassDEP File #:083-2464 WPA Form 5 -Order of Conditions eDEP Transaction Massachusetts Wetlands Protection Act M.G.L_ c. 131. §40 #4972699 C itv /Town: YARMOUTH N a� A. General Information 1. Conservation Commission YARMOUTH 2_ Issuance a. 1* OOC b.r Amended OOC L ~ 3. Applicant Details a a. First Name CYNTHIA b. Last Name RICHARDS c. Organization GREAT ISLAND HOMEOWNERS ASSOCIATION 0 d. Mailing Address 1100 GREAT ISLAND ROAD 00 e. City/Town WEST YARMOUTH f. State MA g. Zip Code 02673 4. Property Owner a a. First Name ARNOLD B• b. Last Name CHACE, JR. TRUSTEE >, c. Organization GREAT ISLAND REALTY TRUST o d. Mailing Address 1100 GREAT ISLAND RD. E e. City/Town WEST YARNIOUTH f. State MA g. Zip Code 02673 j= 5. Project Location a.Street Address GREAT ISLAND ROAD (WEST YARMOUTH)** co b.City/Town YARMOUTH c. Zip Code 02073 'j d. Assessors 6 7 10 e_ Paroel/Lot# 6, 7, s, 1, 1 Map/Plat# (nn f. Latitude 41.62243N g. Longitude 70.25507W cz U6. Property recorded at the Registry of Deed for: ca a. County b. Certificate c. Book d. Page :R BARNSTABLE 118975 0 c 7. Dates Q a. Date NOI Filed : 2/5/2025 b. Date Public Hearing Closed: 5/1/2025 c. Date Of Issuance: 5/21/2025 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: PROACTIVE NOTICE OF INTENT FOR GREAT ISLAND ROAD USING MITCHELL BUCK WOODS HOLE GROUP FIBER ROLLS P.E. 1/27/2025 AS NOTED AND DUNE NOURISHMENT PAGESI THROUGH3 NOTICE OF INTENT WOODS HOLE GROUP 2/5/2025 APPLICATION AND MATERIALS Page 1 of 9 * ELECTRONIC COPY Doc:1,523,469 05-21-2025 3:06 Page 2 of 12 LlMassachusetts Department of Environmental Provided by MassDEP: Protection MassDEP File #:08;-2464 Bureau of Resource Protection - Wetlands eDEP Transaction #:18726R9 WPA Form 5 - Order of Conditions City= TowiEYARMOUTIJ _ Massachusetts Wetlands Protection Act M.G.L, c, 131, 440 B. Findings I _Fin dings 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, Clxck all Aat apply: a, I? Public Water Supply b. r Land Containing Shellfish c.I* Prevention of Pollution d. 1* Private Water Supply e. r Fisheries f, I* Protection of Wildlife Habitat g. lk Ground Water Supply h, l? Storm Damage Prevention i. t+ Flood Control 2. Comnssion hereby finds the project, as proposed. is: Approved subject to: a. I* The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Comnussion orders that all horn, 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 e\1ent 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.0 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.I- 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. wort, 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). Buffer Zone Impacts.Shortest distance between limit of project disturbance and the wetland resource area specified in 31OCNIR 10.020 )(a). - a. linear feet Inland Resource Area Impacts:(For Approvals Only): Resource Area 4. r Bank 5.1" Bordering Vegetated Wetland 6. F Land under Waterbodies and Waterways Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement a, linear feet b. linear feet c_ linear feet d. linear feet a, square feet b. square feet c_ square feet d. square feet a. square feet b. square feet c_ square feet d_ square feet Page 2 of 9 * ELECTRONIC COPY Doc:1,523,469 05-21-2025 3:06 Page 3 of 12 Massachusetts Department of Environmental I.. iProtection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M_G_L. c. 131, y40 e. c/y dredged f. chr c 7.T Bordering Land Subject to Flooding a. square feet b. squ; Cubic Feet Flood Storage e. cubic feet f. cubi 8_C Isolated Land Subject to Flooding a. square feet b. squ; Cubic Feet Flood Storage c. cubic feet d. cubic feet 9.0 Riverfront Area a_ total sq_ feet b. total sq. feet Sq ft within l00 ft e_ square feet d. squ: Sq ft between 100-200 ft g. square feet It. square feet i. square feet j. square feet Coastal Resource Area Impacts: Resource Area IO.T Designated Port Areas 11,c Land Under the Ocean 12,1* Barrier Beaches 13,1 * Coastal Beaches 14.1 * Coastal Dunes 15.0 Coastal Banks 167 Rocky Intertidal Shores 17.T Salt Marshes 18.1" Land Under Salt Ponds 19.T Land Containing Shellfish Provided by MassDEP: MassDEP File #:083-2464 eDEP Transaction #:18-2699 City/Town:YARMOUTH c. cubic feet f. cubic feet Proposed Pennitted Proposed Penrutted Alteration Alteration Replacement Replacement Indicate size under Land Under the Ocean. below a. square feet b. square feet c. c/y dredged d. c/y- dredged Indicate size under Coastal Beaches and/or Coastal Dunes below 48102 48102 2000 2000 a_ square feet b. square feet e. c/y nounslunent d. c/y nouislnnent 13700 13700 2000 2000 a. square feet b. square feet c. c/y nourislunent d. c/y nourisluuent a_ linear feet b. linear feet a. square feet b. square feet a. square feet b. square feet e. square feet d. square feet a. square feet b. square feet e. c/y dredged d. c/y dredged Page 3 of 9 * ELECTRONIC COPY Doc:1,523,469 05-21-2025 3:06 Page 4 of 12 LlMassachusetts Department of Environmental Provided by MassDEP: Protection N1assDEP File #:033-2464 Bureau of Resource Protection - Wetlands eDEP Transaction #:1972689 WPA Form 5 - Order of Conditions Ci1♦,I7own:YARN40UTx Massachusetts Wetlands Protection Act M.G.L. c_ 131, §40 a. square feet b. square feet c. square feet d. square feet Indicate size under Coastal Bairns, inland Bark. Land Under the 20,1- Fish Runs Ocean, and/or inland Land Under Waterbodies and Watenva_vs, above c.c/y dredged d,c/y dredged 21.17 Land Subject to Coastal Storni Flowage 92633 92633 a_ square feet b. square feet ,1) Ir Restoration/Erthancement (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,17.0 & d above. please entered the additional amount here. a_ square feet of BVW 23, r Streams Crossing(s) b. square feet of Salt Marsh If the project involves Stream Crossings, please enter the number of new stream crossings/ntunber of replacement stream crossings. a. number of new streani crossings b. umnber of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects [ Failure to comply with all conditions stated herein, and with all related statutes and other regulator, measures, shall be deemed cause to revoke or modify this Order. 2, The Order does not grant any property rights or arty 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.. fronn the date of issuance. If this Order is intended to be valid for more tllan 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. Tlvs Order is not final until all administrative appeal periods front this Order have elapsed. or if such all appeal Page 4 of 9 * ELECTRONIC COPY Doc:1,523,469 05-21-2025 3:06 Page 5 of 12 LlMassachusetts Department of Environmental Provided by MassDEP, Protection MassDEP File #;093-24b4 Bureau of Resource Protection - Wetlands eDEP Transaction #:187?689 WPA Form 5 - Order of Conditions Ci0;Jown.YARNT0UTH Massachusetts Wetlands Protection Act M_G_L. c_ 131, §40 has been taken, until all proceedings before the Department have been completed, y. No wok, shall be undertaken wail 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 kvitich the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Laix9 Court Certificate of Title of the owner of the land upon which the proposed wok is done. The recording information shall be submitted to the Conservation Commission on the fort at the end of this Order, which fort must be stamped b N1 the Registry of Deeds, prior to the commencement of work- 10. A sign shall be displayed at the site not less then t-,vo square feet or more than three square feet in size bearing the words, " Massachusetts Department of Enviromnental Protection" [or'Iv1assDEP"] File Number:"083-2464" I ] . 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 Enviromnental 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 wok- area shall be marked biv 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 kvater body. During constniction, 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 Comnussion. which resen es the right to require additional erosion and/or damage prevention controls it may deem necessany. 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 Orderfthe "Project") is (1) F is not (2)17 subject to the Massachusetts Stormwater Standards, If the work is subject to Stornnvater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, constriction 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 biv the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8, Construction period Page 5 of 9 * ELECTRONIC COPY Doc:1,523,469 05-21-2025 3:06 Page 6 of 12 LlMassachusetts Department of Environmental Provided by N1assDEP: Protection MassDEP File #:083-2464 Bureau of Resource Protection - Wetlands eDEP Transaction #:1872689 WPA Form 5 - Order of Conditions City/To%vn.>> W0UTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stornnvater runoff may be discharged to the post -construction stonnwater Bk Ps unless and until a Registered Professional Engineer provides a Certification that: i, all construction period BIvIPs 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 storniNvater 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 strictures; ii._ as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; Hi, anv illicit discharges to the stonnwater management system have been removed; as per the requirements of Stormwater Standard 10: W, all post -construction stonnwater 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 -constriction BMPs is suitably established to withstand erosion. c) The landowner is responsible for Biv1P maintenance until the issuing authority is notified dint another parry 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 B1ViPs identifi,ing the part, responsible for implementing the stonnwater 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 stornnvater 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 Storrmvater 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 anv drainage easement. assumes responsibility for maintaining each BNIR To overcome this presumption, the landowner of the properhIrmust 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 peruittee for purposes of implementing the requirements of Conditions 19(f) through 19(k1 with respect to that BMP. Any failure of the proposed responsible park, to implement the requirements of Conditions 19(f) through 19(k) with respect to that Biv1P shall be a violation of the Order of Conditions or Certificate of Compliance_ In the case of stornnvater BMPs that are sen, ing more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stonnwater 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 stornuwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stornnvater Handbook. g) The responsible part}' 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 stonnwater 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") Page 6 of 9 * ELECTRONIC COPY Doc:1,523,469 05-21-2025 3:06 Page 7 of 12 LlMassachusetts Department of Environmental Provided by MassDEP, Protection N4assDEP File #:083-2464 Bureau of Resource Protection - Wetlands eDEP Transaction #4871-689 WPA Form 5 - Order of Conditions CityiTowvnYARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 BTAP established in the O&M Plan approved by the issuing authority. hl All sediment or other contaminants removed front stormwater BMPs shall be disposed of in accordance with all applicable federal. state, and local laws acid regulations. i i Illicit discharges to the stomuvater management system as defined in 310 CN4R 10.04 are prohibited_ j) The stornnw ater 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 pen? ious 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. I Access for maintenance. repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around storn,water BNIPs 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 I.Is a municipal wetlands bylaw or ordinance applicable'? I,' Yes C No ..The Conservation Conunission hereby(check one that appliesf: a.f 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 fonvard 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,: p APPROVES die proposed work subject to the following additional conditions. 1. Municipal Ordinance or YARN40UTH 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 front 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 ATTACHED PAGES 7A-7C Page 7 of 9 * ELECTRONIC COPY Doc:1,523,469 05-21-2025 3:06 Page 8 of 12 Town of Yarmouth SPECIAL CONDITIONS 083-2464, Great Island Homeowners Assoc & Realty Trust, Arnold Chace, Great Island Rd GENERAL: t. 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 ensuring that all people performing the permitted activity are fully aware of its terns and conditions. Failure to do so may result in the revocation of this pennit, a fine orboth. 3. This Order of Conditions shall be recorded at the registry of deeds/land court and proof of the recording shall be submitted to the Conservation Commission prior to the Pre -Construction meeting. 4. The Conservation Commission, its agents and employees, shall have the right of entry upon the job site at all reasonable times for the purposes of inspecting for compliance with the terms of this Order of Conditions until a Certificate of Compliance is obtained and recorded at the Barnstable Registry of Deeds. Commission members and the Conservation Administrator may acquire any information, measurements, photographs, obsenvations and/or materials or may require the submittal of any data/information deemed necessary by this Commission for that evaluation. 5. This Order of Conditions authorizes only the activities described on the approved plan(s) and approved doctanents referenced in tlus Order of Conditions_ Any other or additional activities in areas within jurisdiction of the Conservation Commission require a separate review and approval by the Conservation Commission. 6. Any change in the approved plan(s) which may or will alter an area subject to protection under the Wetlands Protection Act (310 CNIRIR 10.00) and the Town of Yarmouth Wetlands Protection Regulations, shall require the Applicant to file, in writing, a notice of project change with this Commntission and/or Staff prior to implementing the change in the field to determine the significance of the change and determine whether administrative approval or an Amended Order of Conditions or new Notice of Intent is required_ Any errors in plans or information submitted by the Applicant or their Representative shall be considered changes. and the above process shall be followed. Should the project be changed without penrtission or found by the Yanuouth Conservation Commission to be altered in any way front the approved plan(s), all work will immediately cease until the project is reapproved by the Commission. 7. The Order of Conditions is valid for rive years from the gate of issuance_ Extension requests must be applied for at least 30 calendar days prior to the expiration date_ Failure to do so will result in a new Notice of Intent filing. 8. The Commission reserves the right to anmend this Order of Conditions prior to the completion of constriction, after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so w°ar-ant_ 9. The Commission reserves the right to require additional information from the Applicant or his/her Representative prior to completion of construction, after a legally advertised public hearing, if plans or circumstances are changed or if new conditions or information so warrant. If the Applicant will not provide such information, the Conunission reserves the right to (tire a third party applicant at the homeowner's expense to obtain the information needed_ 10. Noncompliance with these conditions shall constitute grounds to revoke this permit and/or for an Enforcement Order and fines_ Fines shall not exceed S300.00 per day/per violation_ 11. Failure to follow approved and required maintenance practices for the Project, or any part of this Project is shown to cause negative impact to the Resource Areas, shall be cause for the Commission to require that remedial measures must be undertaken. The Comntission reserves the right to require that a hearing be held, at the applicant's expense. to discuss the necessary remedial measures and detenmine if more information from the Applicant or a Third Party Consultant is required. The Commission may determine that the approved project is to be modified as necessary to protect the interests of the Act. PRE-CONSTRUCTON_ 12_ Prior to any site disturbance, a pre -construction meeting shall be arranged by the applicant to be held with the responsible contractors (or those performing the work) and Conservation Administrator (CA) to review the Order of Conditions, the work protocol and other required materials identified in this Order of Conditions. Notice of work start and completion along with the name(s) and telephone number(s) of the person(s) responsible on site for compliance with this Order shall be given in writing before or during the Pre -Construction meeting. Work shall not begin until a pre -construction meeting is held, and the CA determines the work can proceed. 13. Prior to the pre -construction meeting, a. All sedimentation controls (i_e. silt fences. and/or straw wattles at the work limit) shall be in place and ready for inspection. The CA may instruct the contractors to modify the sedimentation controls to protect wetland Resource Areas. Hay is not acceptable. It is the applicant's responsibility to implement and maintain appropriate and adequate erosion controls measures until the site is stable. b. Resource Areas, buffer zones, and structures shall be staked in the field. Such markers shall be placed by a professional Land Surveyor or Engineer_ The engineer or land surveyor for the project shall take Page 7a of 9 *ELECTRONIC COPY Doc:1,523,469 05-21-2025 3:06 Page 9 of 12 Town of Yarmouth SPECIAL CONDITIONS 083-2461, Great Island Homeowners Assoc & Realty Trust, Arnold Chace, Great Island Rd responsibility for the placement of the stakes and refreshing the stakes as necessary to reflect the approved plan until the construction is complete_ No work shall occur on the Resource Area side of the work limit line. c. A sign shall be visibly displayed on the site showing the DEP and/or the Yarmouth Conservation Division file number and shall remain posted until the issuance of a Certificate of Compliance_ d_ A copy of this Order of Conditions and site plan shall always be kept on -site and visibly displayed in a weatherproof container. e_ If applicable, all trees approved for removal shall be flagged DEMOLITION AND CONSTRUCTION 14_ Filter fabric will only be used if neeessan y. If the array is damaged, every effort will be made to reduce the chance of fabric and rolls entering the marine environment, 15. Debris, including litter, shall be picked up immediately_ Any excess material that is excavated from the job site shall be disposed of at a location approved by the CA or in a covered dumpster_ No debris shall be allowed in a Wetland or Waterway. 16. Washing of equipment/tools shall be done OFF -SITE 17. No equipment shall be refueled, nor shall fuel be stored within 100 feet of a resource area. 18_ No material of any kind shall be buried. placed or dispersed in areas within jurisdiction of the Conservation Commission, except as expressly permitted by the Order of Conditions or the plants) approved herein- 19. Machinery and vehicles, when not in use. shall be parked on the existing driveway. unless otherwise specified in the Order of Conditions or on the approved site plan(s). VEGETATION AND MITIGATION PLANTINGS- 20. Any area that is disturbed shall be revegetated with suitable native plant materials according to the site plan immediately or as soon as the growing season commences until permanent stability is reached. 21. The planted areas shall be allowed to naturalize in perpetuity. The area must be left undisturbed and there shall be no use of fertilizers, removal of leaf litter, subsurface irrigation system. hardscape, structures of any kind, creation of lawn, or dumping_ Periodic weeding of invasive vegetation is allowed. Mulch is not allowed. 22. Dumping Prohibited: There shall be no dumping of leaves, grass clippings, brush, or other debris within any Resource Area or associated buffer zones. Thus is an on -going condition that does not expire with the issuance of a Certificate of Compliance. 23. The applicant shall notify the CA in writing when the plants are installed_ 24. A monitoring report shall be submitted twice per year (fall and spring) after work commences. Reports shall include a description of the site conditions and photo documentation as appropriate to show any changes. The report shall also include an assessment of the managed areas, and identify any management concerns and solutions along with the timeline of implementation if applicable. Status updates shall be submitted if storms occur during the winter months. 25. The applicant must wait until the plants have been in place for at least 2 years before the Request for a Certificate of Compliance is submitted. Dining this time, the CA may require additional plantings if it is determined that any specimens are dead or dying and need replacement_ WATERFRONT: 26. There shall be no dredging in connection with this project. 27. Nourishment shall be consistent with Mass DEP's Beach Nourishment Guide. Beach fill material should be of appropriate slope to avoid premature loss from the beach and impacts to nearshore bottom habitat_ 28. Beach till material shall be of equal grain size and appropriate slope to avoid premature loss from the beach and impacts to near shore bottom habitat. Grain size analysis shall be provided prior to nourishment activity_ All beach nourishment material shall be placed above the MHW line to facilitate a more gradual distribution of sediment, allowing mobile organisms to avoid the area of impact and burrowing organisms to respond to a smaller sediment load. 3ra. Renourishment is allowed tip to 3x per year to keep rolls covered with up to 4,000 cy of compatible material. The volume used is to be reported after each nourislwlent. 30_ No heavy construction equipment. vehicles or barges shall be permitted on a bordering vegetated wetland, saltmarsh or tidal flat during the construction. CERTIFICATE OF COMPLIANCE: 3 1. Upon completion of the project, a Request for a Certificate of Compliance shall be submitted by the applicant to the Conservation Commission for review. 32. The request shall include the following: a. A written statement from a similar professional as prepared the approved playa, such as a Massachusetts registered professional engineer or land surveyor, certifying that a site inspection has been performed, the Page 7b of 9 *ELECTRONIC COPY Doc:1,523,469 05-21-2025 3:06 Page 10 of 12 Town of Yarmouth SPECIAL CONDITIONS 083-2464, Great Island Homeowners Assoc & Realty Trust, Arnold Chace, Great Island Rd date of this inspection, and that the worn: has been conducted in compliance with the plan(s) and documents referenced above. as conditioned by the Commission. Any deviation from the approved plans) shall be identified_ Li_ A stamped as -built plan including final contours, structures, resource areas and buffer zones, and planted areas, prepared and signed and stamped by a Massachusetts registered professional engineer or land surveyor. 33_ This Order of Conditions shall be considered in non-compliance until the applicant has obtained a Certificate of Compliance and it has been recorded at the Barnstable Registry of Deeds. A copy of the recording information must be submitted to the Commission. NHESP CONDITIONS - To avoid adverse effects to the Resource .Area Habitats and to avoid a prohibited Take of state -listed species, the following condition(s) mist be met: t. Time of Year Restriction_ Work associated with coir installation and maintenance shall not be conducted during the period April t — August 31. 2_ Coir System Installation: As proposed, the coir system will be installed in phases where the dune has eroded to within five (5) feet of the existing roadway. If additional coastal dune erosion occurs prior to the start of work, then similarly, the stabilization system should be constructed landward to account for the loss of coastal dune. Constructing the system as close to the base of the coastal dune or roadway existing at the time of installation and thence landward, should serve to reduce impacts on the Coastal Beach. 3_ State -listed Species Habitat Protection_ The applicant has the responsibility of protecting breeding Piping Plovers, state -listed species of terns and their habitats that occur at the project site. Nourishment may enhance habitat and attract coastal nesting birds_ The applicant must implement a Division -approved monitoring and protection plan for these nourishmient sites for a muninuim of three consecutive years following nourishment activity. a. The applicant shall notify the Division on or before March I each year or prior to the start of work as to what arrangements have been made for monitoring and site protection to occur. This notification shall include a written contract, memorandum of agreement, or some other formal written agreement with the individual(s) or organization that will undertake monitoring and protection efforts in the field. b_ Each year, beginning April 1, a qualified shorebird monitor. approved by the Division, shall determine whether territorial. courting, or nesting Piping Plovers or state -listed species of terns are present at beach rnourislunent areas and if so, shall erect and maintain warning signs and symbolic fencing to protect nesting habitat, breeding adults, nests, and chucks from disturbance or 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. c. Monitoring shall occur at least 2 times per week until at least July 1. However, if Piping Plovers or terns are found to be using the site, then monitoring frequency shall be increased to at least 3 times per week. and shall continue until all nesting and brood -rearing activity has been completed. A report shall be submitted to the Division each year that sunuuarizes the results of the state -listed species monitoring and site protection activities. 4. Authorization Duration: This authorization is valid for 5 years from the date of issuance. Work associated with the project may be completed during this 5-year period in compliance with the conditions laereira_ 5. Notice: Upon filing for renewal. extension. or amendment of the Orders of Conditions, the Applicant slnall contact the Division for written response regarding impacts to Resource Area habitat of state -listed wildlife. PEP COMMENTS Barrier Beach and dune at this location are significant to storm damage prevention, flood control and wildlife habitat. 310 CMR 12.28(3) through (6) shall apply. Geotextile fabric on barrier beach/dune may become dislodged after erosion and become marine debris_ Page 7c of 9 *ELECTRONIC COPY Doc:1,523,469 05-21-2025 3:06 Page 11 of 12 Massachusetts Department of Environmental Provided by MassDEP_ Protection IvlassDEP File k SE83-2464 Bureau of Resource Protection - Wetlands eDEP Transaction #: 1972699 WPA Form 5 - Order of Conditions City/fo%vn:YAR-Ni0UTH Massachusetts Wetlands Protection Act IvI.G.L. c. 131, §40 E. Signatures This Order is valid for three years from the date of issuance, rmiless otherwise specified pursuant to General Condition 44_ If this is an Amended Order of Conditions, the Amended Order expires on the same date as the original Order of l 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. 5 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. by hand delivery on r'j ,. __r n::::! ,n .iE, J-i' Date Date � ' t ` -� F. Appeals The applicant, the owner. am 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 liand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Foam, as provided in 310 ChRt 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 maul or hand delivery to the Consen7ation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Depantnnent's Superseding Order associated with thus 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 Consen ation Corm fission prior to the close of the public hearing, requesting a Superseding Order, or providing written iniforination 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_ e_ 131, § 40). and is inconsistent with the wetlands regulations (310 CIvIR 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 Thus Order of Conditions must be recorded in the Registry' of Deeds or the Land Court for the district in wluch 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 die land Page Ao f A - ELECTRONIC COPY Doc:1,523,469 05-21-2025 3:06 Page 12 of 12 Massachusetts Department of Environmental Provided by MassDEP: Protection IvtassDEP File #:083-2464 Bureau of Resource Protection - Wetlands eDEPTransaction #:18?2b89 WPA Form 5 - Order of Conditions City/Town:YARMOUTH Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 Regisby of Deeds and submit to the Conservation Conunission_ To: YARMOUTH Conservation Commission Please be advised that the Order of Conditions for the Project at: GREAT ISLAND ROAD ( WEST YARMOUTH)* * 08 3-2464 Project Location Has been recorded at the Registry of Deeds of: County for Propett<- Owner ARNOLD B. CHACE, JR, TRUSTEE and has been noted in the chain of title of the affected properh in: MassDEP File Number Book Page Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Inshument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Rcl -oho Pagc 9 of 9 * ELECTRONIC COPY JOHN E. MEADE, ASSISTANT RECORDER BARNSTABLE REGISTRY LAND COURT DISTRICT RECEIVED & RECORDED ELECTRONICALLY