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HomeMy WebLinkAboutSuperseding OOC 9.3.2025 MassDEP Commonwealth of Massachusetts Executive Office of Energy &Environmental Affairs iii..\_ Department of Environmental Protection One Winter Street Boston, MA 02108.617-292-5500 Maura T.Healey Rebecca L.Tepper Governor Secretary Kimberley Driscoll Bonnie Heiple Lieutenant Governor Commissioner SEP = 3 2C25 Aleksandr Nemanov RE: YARMOUTH - Wetlands C/o Brian J. Wall,Esq. File No. SE 83-2485 Troy Wall Associates Superseding Order of Conditions 90 Route 6A 2 Buttercup Lane Sandwich, Massachusetts 02563 Dear Attorney Wall: Following an in-depth review of the above-referenced file, and in accordance with Massachusetts General Laws, Chapter 131, §40, the Department of Environmental Protection has issued the enclosed Superseding Order of Conditions. The enclosed Order permits the proposed removal of an existing pier and the construction of a 4' x 42' pile supported timber pier over and into the waters of Follins Pond. Follins pond connects to Nantucket Sound via Bass River. The proposed project is in areas subject to protection including Land Under the Ocean, Coastal Beach, Salt Marsh, and Land Containing Shellfish. Impacts to those resource areas are related to the installation of pilings to support the pier. It should be noted that an Order of Conditions was previously issued by the Yarmouth Conservation Commission for other work on the property, including the construction of a stairway on the Coastal Bank under file number SE 83-2340. The Department has determined that the project site is significant to the statutory interests of storm damage prevention, flood control, protection of fisheries, wildlife habitat, prevention of pollution, and land containing shellfish. Although the project is located within several wetland resource areas, in the Department's opinion,the project as revised and conditioned herein adequately protects the interests of the Act. Should there be additional proceedings in this matter, the Department reserves the right to raise additional issues and present further evidence as may be appropriate. This information is available in alternate format.Please contact Nlelixza Esenyie at 817-829-1282.T T Y#MassRelay Service 1-800-439-2370 MassDEP Website:www.mass.govldep Printed on Recycled Paper If you have any questions concerning this Order, please contact Mark Bartow at mark.bartow@mass.gov or(857) 207-0621. Sincerely, Masoun . Reda, Chief Wetlands Program mer/mnb Bureau of Water Resources Enclosure CERTIFIED MAIL # 7021 0950 0001 0417 7378 cc: Yarmouth Conservation Commission DEP/SERO Chapter 91 Licensing& Permits This information is available in alternate format.Please contact Ulelixza Esenyie at 817-828-1282.TTY#MassRelay Service 1-800-439-2370 M1assDEP Website:wpm/mass.gov/dep Printed on Recycled Paper Li1 WPA Form 5 — Superseding Order of Conditions MassDEP File# Massachusetts Department of Environmental Protection Bureau of Water Resources-Wetlands SE 83-2485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §4 A. General Information 1. From: Massachusetts Department of Environmental Protection Issuing Authority 2. This issuance is for(check one): a. ® Superseding Order of Conditions b. ❑ Amended Superseding Order of Conditions 3. To: Applicant: Aleksandr Nemanov a. First Name b.Last Name C/o Brian J. Wall, Esq., Troy Wall Associates c.Organization 90 Route 6A d.Mailing Address Line 1 Sandwich MA 02563 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Aleksandr Nemanov a. First Name b. Last Name A&M Management Group, LLC c.Organization 8 Courtyard Place d. Mailing Address Line 1 Lexington MA 02420 e.City/Town f.State g.Zip Code 5. Project Location: 2 Buttercup Lane (South Yarmouth) Yarmouth a.Street Address b.City/Town 119 33 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: 41.69997N 70.17818W e. Latitude f. Longitude SOC SE 83-2485 WPA Form 5-Order of Conditions•Page 1 of 14 Formatted for Registry of Deeds WPA Form 5 — Superseding Order of Conditions MassDEP File# Massachusetts Department of Environmental Protection Bureau of Water Resources—Wetlands SE 83-2485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §4 A. General Information (cont'd) 6. Property recorded at the Registry of Deeds (attach additional information if more than one parcel): Barnstable a.County b.Certificate(if registered land) 36199 322 c. Book d. Page 7. Dates: May 21, 2025 August 20, 2025 June 25, 2025 a.Date NOI Filed b. Date of Site Visit c.Date of Issuance of Local Order 8. Final Approved Plans and Other Documents (attach additional plans or document references): Dock Redevelopment Plan for 2 Buttercup Ln Realty Trust, Yarmouth, MA 02673, 2 sheets a. Plan Title Wet Tech Land Design, Inc. Richard Hood, PLS b. Prepared By c.Signed and Stamped By May 28, 2025 1"=10' d. Final Revision Date e.Scale f.Additional Plan or Document Title g. Date B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act- Following the review of the above- referenced Notice of Intent and based on the information provided in this application, the Department finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ❑ Public Water Supply b. ® Land Containing Shellfish c. IN Prevention of Pollution d. ❑ Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Department hereby finds the project, as proposed, is(check one): Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. The Department orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. SOC SE 83-2485 VVPA Form 5—Order of Conditions•Page 2 of 14 Formatted for Registry of Deeds • WPA Form 5 — Superseding Order of Conditions MassDEP File# Massachusetts Department of Environmental Protection Bureau of Water Resources—Wetlands SE 83-2485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §4 B. Findings (cont'd) Denied because: b. ❑ 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 these interests, 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. ❑ 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, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, 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. Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) a. linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b. linear feet c. linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies and Waterways a.square feet b.square feet c.square feet d.square feet e.c/y dredged f.c/y dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq feet within 100 feet c.square feet d.square feet e.square feet f.square feet Sq feet between 100-200 feet g.square feet h.square feet i.square feet j.square feet SOC SE 83-2485 WPA Form 5—Order of Conditions•Page 3 of 14 Formatted for Registry of Deeds WPA Form 5 — Superseding Order of Conditions MassDEP File# Massachusetts Department of Environmental Protection Bureau of Water Resources—Wetlands SE 83-2485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §4 B. Findings (cont'd) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 10. ❑ Designated Port Areas - Indicate size under Land Under the Ocean, below Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 11. ® Land Under the Ocean 170 170 a.square feet b.square feet c.c/y dredged d.c/y dredged 12. ❑ Barrier Beaches - Indicate size under Coastal Beaches and/or Coastal Dunes below. 13. ® Coastal Beaches 15 15 a.square feet b.square feet c.c/y nourish. d.c/y 14. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourish. d.c/y 15. ❑ Coastal Banks a. linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ® Salt Marshes 15 15 a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.c/y dredged 19. ® Land Containing Shellfish 170 170 a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs- Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.c/y dredged b.c/y dredged 21. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet SOC SE 83-2485 VVPA Form 5—Order of Conditions•Page 4 of 14 Formatted for Registry of Deeds WPA Form 5 - Superseding Order of Conditions MassDEP File# Massachusetts Department of Environmental Protection Bureau of Water Resources—Wetlands SE 83-2485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §4 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Superseding Order of Conditions, this Amended Superseding Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Superseding Order will expire on unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Department on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number SE 83-2485 SOC SE 83-2485 WPA Form 5—Order of Conditions•Page 5 of 14 Formatted for Registry of Deeds ILT1 WPA Form 5 — Superseding Order of Conditions MassDEP File# Massachusetts Department of Environmental Protection Bureau of Water Resources—Wetlands SE 83-2485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §4 C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Department of Environmental Protection. 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 Department in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Department. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Department, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the "Project") is (1)❑ is not(2)® subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. SOC SE 83--2485 WPA Form 5—Order of Conditions•Page 6 of 14 Formatted for Registry of Deeds • WPA Form 5 — Superseding Order of Conditions MassDEP File# Massachusetts Department of Environmental Protection Bureau of Water Resources—Wetlands SE 83-2485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §4 C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 19(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMPs Operation and Maintenance Plan ("O&M Plan")and certifying the following: i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, and acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. SOC SE 83-2485 VVPA Form 5—Order of Conditions•Page 7 of 14 Formatted for Registry of Deeds WPA Form 5 — Superseding Order of Conditions MassDEP File# Massachusetts Department of Environmental Protection Bureau of Water Resources—Wetlands SE 83-2485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §4 C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design 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 stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Brief Project Description: Construction of a pile supported pier. Special Conditions (See attached sheet(s) for additional Special Conditions numbered 1 through 16). D. Findings Under Municipal Wetlands Bylaw or Ordinance To the extent that the Order is based on a municipal bylaw or ordinance, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no jurisdiction to supersede the local by-law order. SOC SE 83--2485 WPA Form 5—Order of Conditions•Page 8 of 14 Formatted for Registry of Deeds WPA Form 5 — Superseding Order of Conditions MassDEP File# Massachusetts Department of Environmental Protection Bureau of Water Resources—Wetlands SE 83-2485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §4 E. Issuance This Order is valid for three years from the date of issuance, unless otherwise specified as a special condition pursuant to General Conditions 4 or 6. Issued by: Massachusetts Department of Environmental Protection: Signature: I LA Maiesou Reda, Chief; v+e ands Program, Bureau of Water Resources This Order is issued to the applicant as follows: ❑ by Hand delivery on: ® by certified mail on: SE° - ZuZ5 Date Date Certified Mail#7021 0950 0001 0417 7378 SOC SE 83-2485 WPA Form 5—Order of Conditions•Page 9 of 14 Formatted for Registry of Deeds WPA Form 5 - Superseding Order of Conditions MassDEP File# Massachusetts Department of Environmental Protection Bureau of Water Resources—Wetlands SE 83-2485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §4 F. Recording Information This Order of Conditions must be 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 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 the land subject to the Order of Conditions. The recording information on Page 10 of this form shall be submitted to the Department. Massachusetts Department of Environmental Protection—Southeast Region Issuing Authority Massachusetts Department of Environmental Protection—Southeast Region TO: Issuing Authority Please be advised that the Order of Conditions for the Project at: 2 Buttercup Lane SE 83-2485 Project Address—Street&Town DEP File Number Has been recorded at the Registry of Deeds of: County Book Page For: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant SOC SE 83-2485 WPA Form 5—Order of Conditions•Page 10 of 14 Formatted for Registry of Deeds WPA Form 5 — Superseding Order of Conditions MassDEP File# Massachusetts Department of Environmental Protection Bureau of Water Resources—Wetlands SE 83-2485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §4 G. Appeal Rights and Time Limits The applicant, the landowner, any person aggrieved by the Superseding Order, Determination or other Reviewable Decision as defined at 310 CMR 10.04, who previously participated in the proceedings leading to this Reviewable Decision, the conservation commission, or any ten (10) residents of the city or town where the land is located if at least one resident was previously a participant in the permit proceeding, are hereby notified of their right to appeal this Reviewable Decision pursuant to M.G.L. c.30A, § 10, provided the request is made by certified mail or hand delivery to the Department, along with the appropriate filing fee and a MassDEP Fee Transmittal Form within ten (10) business days of the date of issuance of this Superseding Order or Determination, and addressed to: Case Administrator Office of Appeals and Dispute Resolution Department of Environmental Protection One Winter Street, 2nd Floor Boston, MA 02108 A copy of the request(hereinafter also referred to as Appeal Notice) shall at the same time be sent by certified mail or hand delivery to the Conservation Commission, the applicant, the person that requested the Superseding Order or Determination, and the issuing office of the MassDEP at: MassDEP 20 Riverside Drive Lakeville, MA 02347 In the event that a ten resident group requested the Superseding Order or Determination, the Appeal Notice shall be served on the designated representative of the ten resident group, whose name and contact information is included in this Reviewable Decision (when relevant). Contents of Appeal Notice An Appeal Notice shall comply with the Department's Rules for Adjudicatory Proceedings, 310 CMR 1.01(6) and 310 CMR 10.05(7)(j), and shall contain the following information: (a) the MassDEP Wetlands File Number, name of the applicant, landowner if different from applicant, and address of the project; (b) the complete name, mailing address, email address, and fax and telephone numbers of the party filing the Appeal Notice; if represented by consultant or counsel, the name, fax and telephone numbers, email address, and mailing address of the representative; if a ten residents group, the same information for the group's designated representative; (c) if the Appeal Notice is filed by a ten (10) resident group, then a demonstration of participation by at least one resident in the previous proceedings that led to this Reviewable Decision; (d) if the Appeal Notice is filed by an aggrieved person, then a demonstration of participation in the previous proceeding that lead to this Reviewable Decision and sufficient written facts to demonstrate status as a person aggrieved; (e) the names, telephone and fax numbers, email addresses, and mailing addresses of all other interested parties, if known; SOC SE 83-2485 WPA Form 5—Order of Conditions•Page 11 of 14 Formatted for Registry of Deeds WPA Form 5 - Superseding Order of Conditions MassDEP File# Massachusetts Department of Environmental Protection Bureau of Water Resources—Wetlands SE 83-2485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §4 (f) a clear and concise statement of the alleged errors contained in the Department's decision and how each alleged error in inconsistent with 310 CMR 10.00 and does not contribute to the protection of the interests identified in the Wetlands Protection Act, M.G.L. c.131, §40, including reference to the statutory or regulatory provisions that the party filing the Appeal Notice alleges has been violated by the Department's Decision, and the relief sought, including any specific desired changes to the Department's decision; (g) a copy of the Department's Reviewable Decision that is being appealed and a copy of the underlying Conservation Commission decision if the Reviewable Decision affirms the Conservation Commission decision; (h) a statement that a copy of the request has been sent by certified mail or hand delivery to the applicant and the conservation commission; and (i) if asserting a matter that is Major and Complex, as defined at 310 CMR 10.04, a statement requesting that the Presiding Officer make a designation of Major and Complex, with specific reasons supporting the request. Filing Fee and Address A copy of the Appeal Notice along with a MassDEP Fee Transmittal Form and a valid check or money order payable to the Commonwealth of Massachusetts in the amount of one hundred dollars ($100) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection Commonwealth Master Lockbox P.O. Box 4062 Boston, Massachusetts 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver. The filing fee is not required if the appellant is a city or town (or municipal agency), county, district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee pursuant to 310 CMR 4.06(2) for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file an affidavit setting forth the facts believed to support the claim of undue financial hardship together with the hearing request as provided above. SOC SE 83-2485 WPA Form 5—Order of Conditions•Page 12 of 14 Formatted for Registry of Deeds Special Conditions for Superseding Order of Conditions for SE 83-2485 1. This Order approves the removal of an existing pier and the construction of a 4' x 42' pile supported timber pier. 2. Prior to commencement of construction, the project proponent must apply for and complete the C.91 licensing process. 3. Upon completion of the project, a Certificate of Compliance shall be requested in accordance with General Condition No. 12, and under the provisions of 310 CMR 10.05 (9)(d). An "AS- BUILT" plan and a statement from a Registered Professional Engineer certifying compliance with the conditions of this Order shall accompany the request for a Certificate of Compliance. 4. As recommended by the Division of Marine Fisheries in their May 30, 2025 letter to the Yarmouth Conservation Commission, a spring time of year (TOY) restriction shall be observed for all in-water activities from April 1 —June 15 of any year, and any piles removed should be fully removed from the substrate rather than cut at the base. 5. No heavy construction equipment, cranes, vehicles, or barges are permitted on the Coastal Beach, Salt Marsh, Land Under Ocean, or Land Containing Shellfish. 6. The removal and installation of the entire pier structure, including pilings, will be performed using a crane set on a barge. The barge will be operated in at least two feet of water and not permitted to ground out at low tides. 7. Alternatively, removal and construction of the pier may be accomplished by working out and upon completed portions of the pier. 8. Prior to the start of construction, the applicant or their representative shall notify the Department, the Town of Yarmouth Conservation Commission, and the Shellfish Constable as to the date(s) of construction and anticipated time of arrival and departure of the barge. 9. As proposed, Thru-Flow decking or equivalent, shall be used to maximize sunlight penetration beneath the pier. 10. Dredging (including but not limited to the effects of propwash) is neither proposed nor permitted in this filing. 11. The use of timbers treated with Creosote is prohibited as construction material. 12. Wood Preservative must be dry before any treated wood is used in construction. SOC SE 83-2485 WPA Form 5—Order of Conditions•Page 13 of 14 Formatted for Registry of Deeds 13. Jetting of piles is prohibited. Piles shall be mechanically driven to refusal or a depth of at least 12 feet below grade. 14. Prior to commencement of construction and at the discretion of the Yarmouth Shellfish Constable, and under his supervision, the applicant may be required to purchase seed shellfish and seed adjacent areas. The quantity of seed shall be reasonably determined and approved by the Shellfish Constable. 15. If removed, any portion of the dock system shall be stored in a suitable upland location or upon the permanent portion of the pier. Said storage shall be in conformance with any applicable local, state or federal requirements. 16. Future maintenance of the approved structure, in strict compliance with the conditions of this Order, is permissible. SOC SE 83--2485 WPA Form 5—Order of Conditions•Page 14 of 14 Formatted for Registry of Deeds Massachusetts Department of Environmental Protection 51 Adjudicatory Hearing Fee Transmittal Form IMPORTANT! This form is intended for fee transmittal only. The contents of a request for an adjudicatory appeal (Notice of Claim)are established at 310 CMR 1.01(6)and the substantive statutes and regulations governing the Department's action. A. Person/Party Making Request 1. Name and address of person or party making request: Important:When filling out forms Name-If appropriate,name group representative on the computer, use only the tab key to move your Street Address cursor-do not use the return City State Zip Code key. Virtth 2. Project Information: Street Address City State Zip Code DEP File or ID Number Amount of filing fee attached Email Address B. Applicant (if applicable) 1. Name and address of applicant: Name-If appropriate,name group representative Street Address City State Zip Code Email Address C. Instructions 1. Send this form and check or money order of$100.00 payable to the Commonwealth of Massachusetts to the MassDEP Lockbox at: Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 2. Send a copy of this form and a copy of the check or money order with the Request for Adjudicatory Appeal (Notice of Claim) to: MassDEP Office of Appeals and Dispute Resolution Case Administrator 100 Cambridge Street, Suite 900 Boston, MA 02114 adjherfm.docx•rev.12/22 Adjudicatory Hearing Fee Transmittal Form•Page 1 of 1 of C ,ram I on lJ T t O c 131 Communication for Non-English-Speaking Parties This document is im rtant and should translated immediate/y, If you need this document translated, please contact MassDEP's Director of Environmental Justice at the telephone number listed below. Espanol $panish . yisyen Creya] Haitian Creole Este documento es importante y debe ser Dokiman sa a enpotan epi yo ta dwe tradui I traducido inmediatamente. Si necesita traducir imedyatman. Si w bezwen tradui dokiman sa a, este documento, pongase en contacto con el tanpri kontakte Direkte. Jistis Anviwonmantal Director de Justicia Ambiental de MassDEP MassDEP a nan nimewo telefon ki endike anba a. (MassDEP's Director of Environmental Justice) en el numero de telefono que figura mas abajo. Viet Vietnam eae Tai lieu nay va quan trong va phai duvc dich Portucjti ngay. Neu qujr vi can ban dich cua tai lieu nay, vui Este documento a importante e deve ser long lien he vai Giam floc Phong Cong Ljr MN traduzido imediatamente. Se voce precisar Tru'o'ng cua MassDEP theo so dien thoai duvc traduzir este documento, entre em contato corn liet ke ben du'ai, o Diretor de Justiga Ambiental do MassDEP no numero de telefone listado abaixo. L 3'-; ',;, 1 I f I ;N/C b clia �e cJ sufuuNu9 9. u v M5R17K1 T7 ° #40 €fix T7 is -FN7T—,—m use � Feu l� ens us€�n�sui r o MassDEPniusemictiestictW 2fltUtiE$9 MassDEP ri'7a1iq E-oom t Inz1u1 J .�yChinese Zimplified <nolti KabLivercilanti Cape7er 1 n f „ „ Es dokumentu sta important i tenki ser tradusidu R �' �� i� MTh Ft it immediatamenti. Se nho ta presisa ke es MassDEP 1, tif> A o dokumentu sta tradisidu, por favor kontata 0 Diretor di Justisia di Environman di DEP ku es numero di telifoni menxionadu di baixo. Contact Deneen Simpson 857 4OS Q738 Massachusetts Department of Environmental Protection 100 Cambridge Street 9th Floor Boston, MA 02114 TTY#MassRelay Service 1-800-439-2370• httcs://www mass.00v/environmental-justice (Version revised 8.2.2023)310 CMR 1.03(5)(a) Deutsch Geri 3ro 4pe3Bbl4aiiiHo ,goKyMeHr, w OH Dieses Dokument ist wichtig and muss sofort ,gon)KeH 6btTb HeMe,gneHHo nepeBeReH. Ecnw ubersetzt werden. Wenn Sie eine Qbersetzung Bann Hy>tceH nepeBoA 3roro,goKynneHra, dieses Dokuments benotigen, wenden Sie sich bitte an MassDEP's Director of Environmental o6parwrecb K,gwpeKropy,genapraMeHra Justice (Director fur Umweltgerechtigkeit in 3KonorwYecKoro npaBocygw i MassDEP Massachusetts) unter der unten angegebenen (MassDEP's Director of Environmental Justice) Telefonnummer. no renecfoHy, yKa3aHHOMy HV)Ke. F9 nvidi GT.9Glc 'caykl) Arabic To Eyypaq o aura £ival 1roA0 OT1pOVTIKO KO! J9��c lB;.,:s._,L;, :-3 4416.424ssi JI 0.14 TrpETT£I va p£rappaaT£i ap£awSIo. Av Xp£la £ar£ p£Td(ppaar) TOU cyypd(pou auTou, TrapaKaAW t �fL 'i c4suyll oia any�11 41,4 S ICI ETTIKOIVWVCIaT£ p£ TOV AiEueuvTrj TOU TprjpaToc j$1.,A1 MassDEP 4,`,!,11 4]I.1. 1 Il£pl(3aAAovTIKrjS EIKaIoaUVIIS plc Maaaxouatrrgc GTOV apl8pa Tr1A£(pwvou 1TOU Korean avaypacp£rai rrapaKarw 8F A/ '1 /o-/0 gzicA Italian° Italin '�1 '°l All: Questo documento a importante e deve essere t1-o .T9-1 "&1 7Vo 1" to-}y 111 tradotto immediatamente. Se hai bisogno di 11 s-t-- °} I ��� � • tradurre questo documento, contatta it Direttore della Giustizia Ambientale di MassDEP al numero di telefono sotto indicato. Uju IrhulutnuaianLrllatl liwpt.Lnp t, It. ujbuip t wbhwulwrl lawpgUwUGi ualla. Jgzyk PolaRi Poilah blab abq wUhpwcft 2tn t IawpgtJwlibl wju Ten dokument jest wa±ny i powinien zostac thluulnwwranuiCap, qht1bp UwuwLublauh 2p2wltw �h2WLlwlnh ujwhulwUnLlajw1 LwruwpwnnLPjWU niezwtocznie przettumaczony. Jesli potrzebne (MassDEP) PUwujwhigwbwljwL hwpgbnnt,r jest t#umaczenie tego dokumentu, nalezy wpri.wpwrTwwnLlajwU rgbliwawphU (Director of skontaktowac siq z dyrektorem Environmental Justice)' uwnpll U2Lrwb ds. sprawiedliwoci srodowiskowej MassDEP hl nwtunuwhwt.luapnl4 pod numerem telefonu podanym ponizej. 124-N.4 u11-1c. ,y_.s,o L�tiLl j\--49'WI a.�y 44 - BSI V-cf/dui flr4xuf 31fr T 3��3T4 sj' / L y� JC.) MassDEP r .yI»l /. t, c -14I1 l' 77 Francais Fran 1 Zcl� l�1 pia t. tR MassDEP x-1-AaRu11•e1 a fl Ce document est important et doit etre traduit immediatement. Si vous avez besoin d'une qaU #:1* I traduction de ce document, veuillez contacter le directeur de la justice environnementale du MassDEP au numero de telephone indique ci- dessous. Contact Deneen Simpson 85-4064738 Massachusetts Department of Environmental Protection 100 Cambridge Street 9t Floor Boston, MA 02114 TTY#MassRelay Service 1-800-439-2370• httos://wmw.mass.gov/environmental-iustice (Version revised 8.2.2023)310 CMR 1.03(5)(a)