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HomeMy WebLinkAboutCOC request 11.25.2025C R A W F O R® CALL (508)477-1346 EMAIL info@crawfordlm.com LAND MANAGEMENT MAIL 88 Route 6A, Unit 213 1 Sandwich, MA 02563 Request for COC 184 Blue Rock Road, Yarmouth Applicant: Steve & Gail Trulli, 33 Bancroft Road Melrose, MA, 02176 Representative: Jennifer Crawford Crawford Land Management Sandwich, MA 02563 Date: November 21, 2025 Attached: 1. MassDEP Form 8A 2. Written Request for Certificate of Compliance 3. Order of Conditions 4. Enforcement Order 5. Proposed Modifications to Salt Marsh Restoration Methodology ECOLOGICAL RESTORATION I COASTAL STABILIZATION I CONSERVATION PERMITTING Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP Town of Yarmouth Wetland By-law, Chapter 143 A. Project Information Important: When filling out 1. This request is being made by: forms on the Steve & Gail Trulli computer, use Name only the tab 33 Bancroft Road key to move your cursor - Mailing Address do not use the Melrose MA 02176 return key. City/Town State Zip Code rab Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: emr° Steve & Gail Trulli Applicant Original: 6/16/2016, Amended: 11/7/2016 83-2065 Dated DEP File Number Upon completion of the work 3• authorized in an Order of Conditions, the property owner must request a Certificate of 4 Compliance from the issuing authority stating that the work or portion of the work has been satisfactorily completed. The project site is located at: 184 Blue Rock Road Street Address 10 Assessors Map/Plat Number Yarmouth City/Town 161 Parcel/Lot Number The final Order of Conditions was recorded at the Registry of Deeds for: Steven & Gail Trulli Property Owner (if different) Barnstable Land Court County Document # 1,309,509 Certificate (if registered land) 5. This request is for certification that (check one): Book Page ® the work regulated by the above -referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above -referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above -referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaform8a.doc -- rev. 5/29/14 Page 1 of 2 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP Town of Yarmouth Wetland By-law, Chapter 143 A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ® Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. ❑ No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office- for-you r-city-or-town . htm I ). wpaform8a.doc -- rev. 5/29/14 Page 2 of 2 CRAWFORD LAND MANAGEMENT CALL (508)477-1346 EMAIL info@crawfordlm.com MAIL 88 Route 6A, Unit 213 1 Sandwich, MA 02563 November 20t1', 2025 Yarmouth Conservation Commission Attn: Brittany DiRienzo, Conservation Administrator Town of Yarmouth Conservation Commission 1146 Route 28 Yarmouth, MA 02664 Re: Request for Certificate of Compliance for SE83-2065 184 Blue Rock Road, Yarmouth OOC Issuance: 6/16/2016, Amendment: 11/7/2016 OOC Expiration: 6/16/2019, Amendment: 11/7/2019 Field Inspection: 9/16/2025 Approved Documents: Trulli Residence Proposed Site Plan 184 Blue Rock Road J.M. O'Reilly & Associates Inc Dated: May 26, 2016, by: John M. O'Reilly, scale: 1'=20" Trulli Residence Landscape Plan Crawford Land Management, dated: June 6, 2016 Dear Ms. DiRienzo and Yarmouth Conservation Commissioners, On behalf of our Applicant, Steven & Gail Trulli, Crawford Land Management (CLM) respectfully requests that a Certificate of Compliance be granted for the Order of Conditions (OOC) SE83-2065 issued by the Commission on May 16, 2016. The OOC was recorded at the Barnstable Land Court Registry Document # 1,309,509 on November 29, 2016. The OOC was permitted for the installation of a coir fiber roll array to address coastal bank erosion, coir blankets and native grass plantings, and salt marsh restoration at the toe of the bank according to the Coastal Bank Stabilization Plan. The Plan also included the landscape activities around the existing dwelling, including new walkways, a new patio, replacement of beach access stairs and English Ivy removal & restoration of lawn area. On November 8, 2022, in response to a Request for Compliance for the above order, an Enforcement Order was issued citing: "Failure to complete work as permitted in an order of conditions as mitigation for structure within the buffer to a wetland resource area, including 1. Fiber roll maintenance for bank stability, including planting plugs for stabilization 2. Salt marsh restoration required to meet mitigation requirements 3. Failure to move a retaining wall further away from a wetland resource area; coastal bank." ECOLOGICAL RESTORATION I COASTAL STABILIZATION I CONSERVATION PERMITTING E 0 U E 0 w 3 m U 3 3 3 CRAWFORD LAND MANAGEMENT CALL (508)477-1346 EMAIL info@crawfordlm.com MAIL 88 Route 6A, Unit 213 1 Sandwich, MA 02563 In response to this Enforcement Order, CLM followed the approved activities to bring the site back into compliance with the Order of Conditions. These activities are listed in detail in the document attached, titled "Proposed Modifications to Salt Marsh Restoration Methodology" which was presented and approved by the Commission for the Enforcement Order. In summary, we repaired the array by replacing degraded rolls with new ones, re -aligned existing intact rolls, and re -anchored and tightened them into the coastal bank. Small to medium sized boulders were placed at the toe of the bank to dissipate wave energy and allow sediment to settle at toe of bank in order to support new plant growth. Sand nourishment was placed, and salt marsh restoration plugs were planted and placed in order to satisfy the Order of Conditions and to rejuvenate the salt marsh restoration area. Small cobble was placed at the leading edge of the salt marsh restoration to protect the plantings. As of November 2025, the salt marsh is fully established and the landscaping wall that was to move landward 5' is completely removed. The landscape activities including the replacement of beach stairway, new walkway, patio and English Ivy removal was completed previously as proposed. The restoration and mitigation plantings along the coastal bank are in good condition, fully established and offer supplemental bank support. In addition to this, the client is requesting permission for the addition of small cobblestones along the entire length of the toe of the fiber rolls. This activity would have no adverse effect on the coastal resource area. In addition, we acknowledge that Special Conditions 16 and 17 are ongoing conditions that remain in effect in perpetuity and do not expire with the issuance of a Certificate of Compliance. All native vegetation planted on the fiber roll array and coastal bank will continue to be left undisturbed. CLM respectfully requests that routine maintenance of the fiber roll array and associated native plantings be included as part of this ongoing condition. Furthermore, no landscape debris, including leaves, grass clippings, brush, or similar materials will be placed within the wetland resource area at anytime moving forward. To date, it is our assessment that this project is in substantial compliance with the approved documents and the conditions included in the approved permit and subsequent Enforcement Order, and at this time, CLM would like to request that a Certificate of Compliance be issued for the project. If you should have any questions, please don't hesitate to contact me at jen@crawfordlm.com or (508) 477-1346. Respectfully, ry Jenni r Crawfor , PLA, ASLA PRESIDENT, CRAWFORD LAND MANAGEMENT cc: Steven & Gail Trulli, 33 Bancroft Road, Melrose, MA 02176 Mark Burgess, Shorefront Consulting, 290 Center Street, Dennisport, MA 02639 ECOLOGICAL RESTORATION I COASTAL STABILIZATION I CONSERVATION PERMITTING CRAWFORD LAND MANAGEMENT CALL (508)477-1346 EMAIL info@crawfordlm.com MAIL 88 Route 6A, Unit 213 1 Sandwich, MA 02563 Photograph Pages Documenting Compliance I.�� `'sue•. `r '.��' r � I '' r "i4 = Ri .4 09/16/2025 Photograph #1— View of intertidal 09/16/2025 Photograph #2 — View of small and zone and salt marsh onsite. medium boulders placed along salt marsh. ECOLOGICAL RESTORATION I COASTAL STABILIZATION I CONSERVATION PERMITTING CRAWFORD LAND MANAGEMENT p9/16/2025 Photograph #3 — View of salt marsh with medium boulders at toe of bank. 09/16/2025 Photograph #7 — View of bayberry planted at top of coastal bank and where the landscaping wall was removed. T; tom: 09/16/2025 Photograph #9 — View of salt marsh restoration from intertidal zone. CALL (508)477-1346 EMAIL info@crawfordlm.com MAIL 88 Route 6A, Unit 213 1 Sandwich, MA 02563 09/16/2025 Photograph #4 — View of planted coastal bank with mitigation plantings for stairs. 09/16/2025 Photograph #8 — View of bayberry planted at top of coastal bank and where the landscaping wall was removed. ti xfwT c4 09/16/2025 Photograph #10 — View of salt marsh restoration and boulders Dlaced. ECOLOGICAL RESTORATION I COASTAL STABILIZATION I CONSERVATION PERMITTING E 0 U E 0 w 3 m U 3 3 3 CRAWFORD LAND MANAGEMENT (508)477-1346 info@crawfordlm.com 88 Route 6A, Unit 213 1 Sandwich, MA 02563 ECOLOGICAL RESTORATION I COASTAL STABILIZATION I CONSERVATION PERMITTING Please note: this form has been modified with added space to accommodate the Registry of Deeds Requirements Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. I� Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 A. General Information Provided by MassDEP: SE83-2065 MassDEP File # eDEP Transaction # Yarmouth City Town Yarmouth 1. From: Conservation Commission 2. This issuance is for a. ®Order of Conditions b. ❑ Amended Order of Conditions (check one): s. To: Applicant: Steven and Gail Trulli a. First Name b. Last Name c. Organization d. Mailing Address Melrose e. CitylFown a. Property Owner (if different from applicant): a. First Name c. Organization d. Mailing Address e. City/Town s. Project Location: 184 Blue Rock Road a. Street Address 101 c. Assessors Map/Plat Number MA 02176 f. Sfate g. Zip Cade b. Last Name f. State Yarmouth b. Cityfrown d. Parcel/Lot Number Latitude and Longitude, if known: a m d. Latitude y. uy win s d m s e. Longitude wpaform5.tloc• rev. 11/12l2014 Page 1 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 A. General Information (cont.) Provided by MaSSDEP: SE83-2065 MassDEP File # eDEP Transaction # Yarmouth s. Progeny recorded at the Registry of Deeds for (attach additional information if more than one parcel): 207375 Lot 94 Barnstable 968a% Plan 32679-B (Sheet 7) a. County b. Certificate Number (if registered land) c. Book d. Page 4/21 /2016 6/2/2016 06/16/2016 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance a. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Trulli Residence Proposed Site Plan 184 Blue Rock Road a. Plan Title J.M O'Reilly &Associates Inc John M O'Reilly b. Prepared By c. Signed and Stamped by May 26 2016 1 "=20' d. Final Revision Date e. Scale Trulli Residence Landscape Plan 6/6/16 f. Additional Plan or Document Title g. Date B. Findings f. 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 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 (the Act). Check all that apply: a. ElPublic Water Supply b. ® Land Containing Shellfish c. Po Prevention of Pollution d. ElPrivate Water Supply e. ® Fisheries f. Wi Protection of Wildlife Habitat g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ®the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other 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. wpabrm5.doc • rev. 1t/12/2014 Page 2 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 B. Findings (cont.) Denied because: Provided by MassDEP: SE83-2065 MaSSDEP File # eDEP Transaction # Yarmouth City Town b. ❑the proposed work cannot be conditioned to meet the performance standards set fonh 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 the 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. ❑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 as per 310 CMR 10.05(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project 0 disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a, linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 4. ❑ Bank a. linearfeet b. linearfeet c. linearfeet d. linear feet 5. ❑ Bordering Vegetated Wetland a, square feet b, square feet c. square feet d. square feet e. ❑ Land Under Waterbodies and a. square feet b, square feet c. square feet d. square feet Waterways 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 a. ❑ 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. ® Rlverfront Area 3123 3123 a. total sq. feet b, total sq. feet Sq ft within 100 ft 2979 c. square feet 2979 d. square feet e. square feet f. square feet Sq ft between 100- 144 144 200 ft g. square feet h, square feet i. square feet j. square feet wpaform5.doc • rev. 11/12N2014 - Page 3 of 12 Massachusetts Department of Environmental Protection Provided 6y MassDEP: Bureau of Resource Protection - Wetlands SE83-2065 MassDEP File # WPA Form 5 -Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction # Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth City/Town B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement io. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11, ❑ Land Under the Ocean a. square feet b. square feet iz. ❑Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below cu yd on yd is. El Coastal Beaches a. square feet b. square feet c. nourishment d. nourishment cu yd cu yd 14. ❑ Coastal Dunes a. square feet b. square feet c. nourishment d. nourishment 1oG ior; 15. ® Coastal Banks is. ❑ Rocky Intertidal Shores 17. ❑ Salt Marshes 1e. ❑ Land Under Salt Ponds a. square feet b. square feet a. square feet b, square feet c. square feet dredged d. c/y dredged is. ® Land Containing -400 -400 Shellfish a. square feet b. square feet c. square feet d. square feet 2o. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 21. ®Land Subject to Coastal Storm dredged b. c/y dredged wpaform5.doc • rev. 11/12J2014 Page 4 of 72 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 Provided by MassDEP: SE83-2065 MassDEP File # eDEP Transaction # Yarmouth City/Town B. Findings (cont) #22. If the 22 ❑ Restoration/Enhancement project is for the purpose of restoring or enhancing a a. square feet of BVW b, square feet of salt marsh wetland resource area23. ❑ StreamCrossing(s): in addition to the square footage that a. number of new stream crossings b. number of replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BVW) or The following conditions are only applicable to Approved projects. B.17.c (Salt Marsh) above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify this Order. the additional g y y amount here. 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. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. 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. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(f). 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 6/16/2019 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. wpalorm5.doc • reV. 11/12f2014 Page 5 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 C. General Conditions Under Massachusetts Wetlands Provided by MassDEP: SE83-2065 MasWEP File # eDEP Transaction # Yarmouth Ciry/rown Protection Act 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 Conservation Commission 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 then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number SE83-2065 " 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 MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Farm SA) 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 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. wParorms.aoo • rep. i vrzr ora Page 6 or 12 Massachusetts Department of Environmental Protection Provided by MassDEP: \ Bureau of Resource Protection - Wetlands MassDEP PFililetl WPA Form 5 -Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth ctyfrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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 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 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 Conservation Commission, 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. 19. The work associated with this Order (the "Project") (1) ❑ is subject to the Massachusetts Stormwater Standards (2) ® is NOT 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. 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; wpaform5.doc • rev. 11/12/2014 Page ] of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 Conditions Under Massachusetts Wetlands Provided by Mass"EV: SE83-2065 MassDEP File # eDEP Transaction # Yarmouth (cont.) v. 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 18(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 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 ponies 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, 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 18(f) through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(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. wpaform5.tloc• rev. 11/12/2014 Page8 of 12 Massachusetts Department of Environmental Protection Provided by Mass"u: \ Bureau of Resource Protection - Wetlands SE83-2065 MassDEP File # WPA Form 5 -Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth Cityrrown 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 oI 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. Special Conditions (if you need more space for additional conditions, please attach a text document): 20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department. wpaiarm5.doc• rev. 11/12/2014 Pagee o712 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 Provided by MassDEP: SE83-2065 MassDEP File # eDEP Transaction # Yarmouth City Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ®Yes ❑ No 2. The Yarmouth hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work 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 forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Yarmouth Wetland By -Law, Chapter 143 1. Municipal Ordinance or Bylaw 2. Citation s. 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 from 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 (if you need more space for additional conditions, attach a text document): See attached text pages, Special Conditions Pages 10A,10B, and 10C of 12 wpaform5.doc • rev. 1 il12/2014 Page 10 of 72 WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10A OF 12 SE83-2065, STEVEN AND GAIL TRULLI 184 BLUE ROCK ROAD, YARMOUTH 1. The applicant/owner shall be . responsible for having a copy of the "Order of Conditions" on the job site at all times and shall be responsible for insuring that all persons performing the permitted activity are fully aware of its terms and conditions. Failure to do so may result in the revocation of these "Orders", a fine or both. 2. The Conservation Commission, its agent(s) or assigned(s) shall have the express right of entry upon the job site at all reasonable times for the purposes of establishing compliance with the "Order of Conditions", "By -Laws" and "Regulations". Commission members and the Conservation Administrator may acquire any information, measurements, photographs, observations and/or materials or may require the submittal of any data/information deemed necessary by this Commission for that evaluation. 3. A preconstruction review shall be arranged by the contractor with the Conservation Administrator and shall occur prior to the commencement of any work. 4. Any change in the approved plan(s) shall require the Applicant to file, in writing, a notice of project change with this Commission. The Commission will determine the significance of the change and determine whether administrative approval or an "Amended Order of Conditions" is required. Should the project be changed without permission, or found by the Yarmouth Conservation Commission to be altered in any way from the approved plan(s), all work will immediately cease until the project is reapproved by the Commission. 5. The "Order of Conditions" is valid for three years from the date of issuance unless otherwise specifically noted in the "Orders". Extension Permit requests must be applied for at least 30 calendar days prior to the expiration date of the original Orders". Failure to do so will result in a new "Notice of Intent" filing. 6. Noncompliance with these conditions shall constitute grounds for an Enforcement Order and possible fines. Fines shall not exceed $300.00 per day/per violation. 7. A "work limit" line shall be established with Erosion Controls (Le straw bales, staked filter fabric, bark mulch, "silt sacks," products made with rice straw, and other weed - free products or approved by the Commission.) Hay bales are not allowed. It is the applicant's responsibility to implement and maintain appropriate and adequate erosion controls measures throughout the construction process. Page 1 of 3 WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10B OF 12 SE83-2065, STEVEN AND GAIL TRULLI 184 BLUE ROCK ROAD, YARMOUTH 8. No work of any kind shall occur on the Resource Area side of the work limit line. This line shall be established prior to any construction or work. 9. 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 Conservation Administrator or in a covered dumpster. No debris shall be allowed in a Wetland or Waterway. 10.Washing of equipment/tools shall be done OFF -SITE or handled in a manner appropriate by the Conservation Administrator, 11. No equipment shall be refueled, nor shall fuel be stored within 100 feet of a resource area. 12,Grading shall be accomplished so that runoff shall not be directed to the property of others. The project shall not increase runoff, nor cause flooding or storm damage to abutters other property owners or wetland Resource Areas. 13.Any area that is disturbed during construction shall be revegetated immediately or as soon after as the growing season commences, with appropriate native plantings. Permanent stabilization shall be carried out in order to minimize erosion. 14. No pipes, drains, or outlets of any kind shall be placed in or through the bulkhead. 15.AII shellfish within the footprint of the proposed structure shall be removed under the direction of the Natural Resource Department at the applicant's expense. 16. Native vegetation shall be planted on the fiber roll array and the coastal bank. The native vegetation shall be left UNDISTURBED. This is an on -going condition, in - perpetuity, that does not expire with the issuance of a Certificate of Compliance. The applicant must wait until the 3rd growing season (i.e. fall and spring) is complete before the Request for a Certificate of Compliance is submitted. During this time period, the Commission/Conservation Administrator may require additional plantings if it is determined that any specimens are dead or dying and need replacement. 17.Landscape Debris, including leaves, grass clippings, brush, or other shall not be allowed within the wetland resource area. This is an on -going condition that does not expire with the issuance of a Certificate of Compliance. Page 2 of 3 WPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10C OF 12 SE83-2065, STEVEN AND GAIL TRULLI 184 BLUE ROCK ROAD, YARMOUTH 18.1-% stamped "As Built Plan" shall be certified by the Design Engineer (Massachusetts registered Professional Engineer or land Surveyor) and will certify that this project has been completed in accordance with the "Order of Conditions" before a Certificate of Compliance will be issued. The as -built plan shall indicate the structure location, gradients, distances to the resource areas, and other pertinent information described in the application and approved plans. Any deviation from the approved plan shall be identified. 19. Upon completion of the project, a "Request for a "Certificate of Compliance" shall be submitted by the applicant to the Conservation Commission for review. The "Order of Conditions" shall be considered incomplete until the "Certificate of Compliance" is issued by the Conservation Commission and recorded at the Registry of Deeds. 20,Refer to NOAA Guidance for Considering the Use of Living Shorelines for the salt marsh restoration; 21.A 4:1 ratio of large native shrubs will be planted to replace the three pine trees being removed. The trees will be flush cut and roots will remain in the ground; 22.The landscaping wall in the south of the property will be moved landward 5ft from the coastal bank with native plantings (no lawn) in front of the wall. An updated plan will be provided to the Conservation Administrator to reflect this; 23.An aquatic version of herbicide will be used on the coastal bank; 24.Annual monitoring reports will be provided for the salt marsh restoration for 3 years; 25. Spring monitoring of the integrity of the fiber roll array will be carried out for the term of the Order of Conditions, along with inspection after any major storm events. Page 3 of 3 Massachusetts Department of Environmental Protection Provided by MassDEP: \ Bureau of Resource Protection - Wetlands Sg }�— MassDEP File # J \�\ WPA Form 5 -Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Town of Yarmouth Wetland By-law, Chapter 143 Yarmouth City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special b IN Z0 16 condition pursuant to General Conditions #4, from the date of issuance. 1. Date of Issuance Please indicate the number of members who will sign this form. I This Order must be signed by a majority of the Conservation Commission. 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. Signatures• � fby hand delivery on Date F. Appeals ❑ by certified mail, return receipt requested, on 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 hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 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 mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The applicant, the owner, any person aggrieved by this Any appellants seeking to appeal the Departments Superseding Order associated with this 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 Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information 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. c. 131, § 40), and is inconsistent with the wetlands regulations (310 CMR 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. wpaform5.doo• rev. 11/12/2014 Page 11 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions �( Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-law, Chapter 143 G. Recording Information Provided by MassDEP: SE83-2065 MassDEP File # eDEP Transaction # Yarmouth Prior to commencement of work, 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 this page shall be submitted to the Conservation Commission listed below. Yarmouth Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -- ---- -- - --- -- - -- --- -- ----- - -- - -- -- -- - - - -- - ...... - ----- ...... -- -- -- ---- -- - -- -- - -- -- - -- - ............ --- --- - - To: Yarmouth Conservation Commission Please be advised that the Order of Conditions for the Project at: 184 Blue Rock Road SE83-2065 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Barnstable 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: Number If registered land, the document number identifying this transaction is: Document Number °—" GISTRY Signature of Applicant vryaform5.doc • rev. 11/12/2014 Page 12 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a. Street Address b. Cityliown, DEP File Number: Provided by DEP c. Check number d. Fee amount Important: 2 Person or art making request If appropriate, name the citizen rou 's representative): When filling P Y 9 q (8 P out forms on the computer, Name use only the tab key to Mailing Address move your cursor - do City/rown State Zip Code not use the return key. Phone Number Fax Number (if applicable) 3. Applicant (as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 413), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non -Significance (Form 6)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number (if applicable) 4. DEP File Number: B. Instructions 1. When the Departmental action request is for (check one): ❑ Superseding Order of Conditions —Fee: $120.00 (single family house projects) or $245 (all other projects) ❑ Superseding Determination of Applicability— Fee: $120 ❑ Superseding Order of Resource Area Delineation —Fee: $120 wpaiorm5.doc• rev. 11/12/2014 Page 13 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www,mass.gov/eea/aciencies/massdep/about/contacts/. 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform5.tloc • rev. 11/12/2014 Page 14 of 12 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order 083-2065 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 11/8/2022 computer, use only the tab Conservation Commission (Issuing Authority) Date key to move To: your cursor - do not use the Stevena and Gail Trulli return key. Name of Violator 33 Bancroft Rd, Melrose NA 02176 Address 1. Location of Violation: Property Owner (if different) 184 Blue Rock Road Street Address Yarmouth 02664 City/Town Zip Code 10 161 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Failure to complete work as permitted in an order of conditions as mitigation for structure within the buffer to a wetland resource area, including 1. Fiber roll maintenance for bank stability, including planting plugs for stabilization 2. Salt marsh restoration required to meet mitigation requirements 3. Failure to move a retaining wall further away from a wetland resource area; coastal bank. 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 083-2065 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. - Steven and Gail Trulli 6/16/2016 Name Dated SE83-2065 22, 24, 16 File Number Condition number(s) ® The Order of Conditions expired on (date): 6/16/2019 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 for the following: Date The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. wpaform9a.doc • rev.5/18/2020 Page 2 of 4 Massachusetts Department of Environmental Protection DEP File Number: �,- Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order 083-2065 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 (NO[). 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: Original permitted work is to be completed by July 1, 2023 including maintenance to fiber roll array, stabilizing the array by planting plugs, and restoration of salt marsh where areas are missing. Timber wall is to be relocated per the approved plan. 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 083-2065 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 D. Appeals/Signatures (cont.) In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: ;-4100kI DlZf170, Signature Printed Name Signature Signature Signature Signature Signature Signature Signature Printed Name Printed Name Printed Name Printed Name Printed Name Printed Name Printed Name -7UG k G 15o (7Qc)3 zc)zc\ 490 Signature of delivery person or certified mail number wpaform9a.doc • rev.5/18/2020 Page 4 of 4 CRAWFORD LAND MANAGEMENT CALL (508)477-1346 EMAIL info@crawfordlm.com MAIL 88 Route 6A, Unit 213 1 Sandwich, MA 02563 April 13t", 2023 Yarmouth Conservation Commission Attn: Brittany DiRienzo, Conservation Administrator Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Re: Proposed Modifications to Salt Marsh Restoration Methodology Project Location: 184 Blue Rock Road, South Yarmouth, MA 02664 Dear Ms. DiRienzo and Yarmouth Conservation Commissioners, Crawford Land Management (CLM) respectfully submits the following information for preliminary review regarding the permissions we would like to gain in order to restore a portion of salt marsh at 184 Blue Rock Road. Bank stabilization and salt marsh restoration work was approved for this property in 2016 under SE 83-2065. The approved work has since been completed and the Order of Conditions has expired. The project did not satisfy the criteria needed to secure a Certificate of Compliance, and an Enforcement Order has been issued so that the project can be brought into compliance with the previously expired permit without needing to file a completely new Notice of Intent. While much of the salt marsh restoration area has persisted since the initial implementation several years ago, some areas have struggled to sustain. In particular, the salt marsh restoration area on the northern end of the property where it meets the wooden bulkhead from the adjacent property has had trouble sustaining longterm. In this area, the elevation is approximately 18" lower than the elevation where the salt marsh has successfully sustained; this is possibly due to the adjacent bulkhead and the effects it has on altering water circulation, reflecting wave energy, and promoting downdrift erosion. At this time, we are proposing a new methodology aimed at increasing and holding the elevation in this difficult area and alleviating some of the effects likely caused by the adjacent bulkhead. We are proposing a salt marsh restoration strategy that we have implemented at other project sites in more recent years that also aims to raise the elevation (see Figure 1). With this strategy, we would install a fiber roll at the leading edge of the desired salt marsh to serve as a "soft" buffer. If the Commission is amenable, we would also like to try putting selective stone riprap in front of the fiber roll to help buffer wave energy and promote sediment accumulation (the stones would be small -medium size, and only as large as our field crews are able to carry so that we do not need special equipment or access). Behind the leading fiber roll, coir pillows would be placed on top of the sediment and covered with 2 layers of 900-gram coir matting and then staked and tied in place. Finally, under the coir matting, there would be a cobble berm comprised of a matrix of 6" rounded cobbles, coir and compost, and compatible sediment wrapped in a layer of 20 oz burlap and 2 layers of 900- gram coir. These measures would create a condition that raises the elevation, holds sediment in place, and provides a substrate for planting materials to become established in. The ECOLOGICAL RESTORATION I COASTAL STABILIZATION I CONSERVATION PERMITTING CRAWFORD LAND MANAGEMENT CALL (508)477-1346 EMAIL info@crawfordlm.com MAIL 88 Route 6A, Unit 213 1 Sandwich, MA 02563 installation would be planted with native salt marsh grass plugs. We have tried a similar methodology at a project in Dennis, also along the Bass River, which was implemented this spring (see Figure 2). As we develop this project, we may incorporate elements of both details that we have provided. An alternative, slightly more robust approach to this would be placing larger boulders in front of the salt marsh restoration area as opposed to small -medium stone riprap. The boulders would need to be brought in by barge as opposed to being placed by hand. A similar project was completed by Shorefront Consulting which involved the placement of a row of stone boulders in front of a soft shoreline stabilization solution in order to add a layer of protection that's not as robust as a revetment. Shorefront Consulting can speak to the potential for incorporating this type of solution. If the Commission is amenable, we would also like to try to hydroseed the existing fiber roll installation on the bank with an organic biotic soil media (ProGanics) and bonded fiber matrix (Flexterra). This is a relatively new technique that CLM is starting to use on some of our jobs, and we feel that it could help jump-start the establishment and growth of native grasses while the additional grass plugs are establishing. Product specification sheets are attached for your reference. We hope you see the value of the proposed modifications to the methodology for restoring this portion of salt marsh and vegetating the coir array. If you should have any questions, please don't hesitate to contact me at jenCcrawfordlm.com or (508) 477-1346. R sper,tfully, n ri'f 9 f I (� ilN! A'• Jenni r Crawford, PLA, ASLA PRESIDENT, CRAWFORD LAND MANAGEMENT ECOLOGICAL RESTORATION I COASTAL STABILIZATION I CONSERVATION PERMITTING 20" 0 FIBER ROLL; ANCHOR IN PLACE W/ 1 /4" CABLE & D88 i DUCKBILL ANCHORS EVERY 30" OC i EXISTING GRADE Ii.YI Ii� i -.6 MIN + nqYLL' DIMENSION VARIES 4'-0" i MITIGATION PLANTINGS SALT MARSH j TRANSITIONAL i EXISTING RESTORATION HIGH MARSH REVETMENT -7777777 RESTORATION j , - - I —III -III -III -III -III -I III III III II III III III MA IX OF 6" ROUNDED COBBLES + ELE 2 MIN (50%), COIR & COMPOST (25%) & COMPATIBLE SEDIMENT (25%) WRAPPED IN A LAYER OF 20 OZ BURLAP -- --- & 2 LAYERS OF 900 GRAM COIR PLACE COIR PILLOWS ON TOP OF SEDIMENT & COVER W/ 2 LAYERS OF 900 GRAM COIR MATTING; STAKE & TIE IN PLACE; INSTALL SPECIFIED PLANTS DETAIL: SECTION A - A' Scale: 1/4" = F-0'' 2" COIR BED PLACED ON TOP OF COMPATIBLE BANK SEDIMENT; ANCHOR W/ 1 /4" CABLE D88 DUCKBILL ANCHORS EVERY 30" O.C.; PLANT W/ AMERICAN BEACHGRASS & SWITCHGRASS @ 12" O.C. 4' STAKES DRIVEN INTO UNDERLYING SEDIMENT; STAKE & TIE -' 1000 GRAM COIR MATTING WRAPPED AROUND �fJ FIBER ROLL, SEDIMENT & COIR BED AND TIED - INTO EXISTING SEDIMENT UNDERNEATH - C� 2" COIR BED PLACED ON TOP OF ya SEDIMENT; PLANT INTO COIR BED W/ TRANSITIONAL HIGH MARSH SPECIES - MATRIX OF 3"-6" ROUNDED COBBLES (50%), EXISTING -_ COIR AND ORGANIC MATTER (25%) & COVERED 4.8+ COMPATIBLE SEDIMENT (25%) FIBER ROLLS Ili +2.7 + 2.0 EXISTING GRADE EXISTING - j I l l + 0.3 1 1 1- EXPOSED -_ -1 1 1 FIBER ROLLS 20" DIAMETER FIBER ROLL; ANCHOR IN PLACE W/ 1/4" CABLE AND D88 DUCKBILL ANCHORS EVERY 30" O.C. SECTION A - A I 1 /4" = V-0" Profile- Solutions for your Environment'" ProGanicsTM Biotic Soil Media" (BSMT") is hydraulically applied for fast application and contains a patented, highly -concentrated biological soil nutrient system. This system makes nutrient uptake by plants more efficient, and initiates the nutrient cycling required to build and replenish healthy soil for sustainable vegetation. ProGanics also For sustainable Vegetation ■" ProGanics' BIOTIC SOIL MEDIA— MM W . supplies critical organic materials, endomycorrhizae, seaweed extract, humic acid, biochar and other soil -building components for "life insurance" on even the most inhospitable sites. If the soil on your next project contains less than 5% organic matter, you need ProGanics to ensure your success. Hydraulically applying ProGanics is more cost-effective than typical topsoil or compost applications, and it overcomes soil deficiencies better than alternative Biotic Soil Amendments. Follow Profile's 5 Fundamentals on your next project, starting with a FREE soil test. You'll see exactly what you're lacking, and how ProGanics BSM, used in conjunction with ProPlus° Prescriptive Solutions, can lay the foundation you need for success. © 2017 PROFILE Products LLC. All rights reserved. 750 W. Lake Cook Road • Suite 440 • Buffalo Grove, IL 60089 •800-508-8681 • www.profileproducts.com Profile and ProPlus are registered trademarks of PROFILE Products LLC. Solutions for your Environment, ProGanics and Biotic Soil Media are trademarks of PROFILE Products LLC. Patent 7,854,926 and 8,728,460 ProG-05 02117 Profile Flexterra HP-FGM® Solutions for your Environment' High Performance Erosion Control Absolutely The Most Effective Erosion Control Medium Available. When your site demands the most from your erosion control solution, you need to demand Flexterra° High Performance -Flexible Growth Medium° (HP-FGM°) — the pinnacle of the erosion control industry. 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Flexterra HP-FGM Delivers: • The highest germination and vegetative establishment when compared to any rolled blanket or other hydraulically applied mulch available • Greater than 99% erosion control effectiveness immediately upon application • 100% biodegradability • Safe for even the most sensitive environments because it's non -toxic HP Technology: Greener By Design 100% recycled, Thermally Refined° virgin wood fibers produce the highest i yield and coverage per unit weight „ 4 and are phyto-sanitized, eliminating y weed seeds and pathogens 100% biodegradable, interlocking fibers increase mechanical bonding of the matrix to provide immediate performance upon installation HARD ARMOR Concrete I 100% non -toxic biopolymers and water STEEPER REINFORCED VEGETATION SLOPES, absorbents enhance erosion resistance HIGHER and vegetative establishment SHEAR STRESS & NATURAL VEGETATION Flexible Grow3t, VELOCITIES Revolutionary patented Micro -Pore particles Mediu optimize water and nutrient retention �� Flexterra° HP-FGM° Technical Data: PHYSICAL PROPERTIES* Mass/Unit Area Thickness Ground Cover Water -Holding Capacity Material Color ENVIRONMENTAL PROPERTIES* Biodegradability Ecotoxicity Effluent Turbidity PERFORMANCE PROPERTIES* Cover Factor' Percent Effectiveness' Functional Longevity° Cure Time TEST METHOD ■ ASTM D6566' g/m' (oz/yd') ASTM D6525' mm (in) ASTM D6567' % ASTM D7367 Observed n/a ASTM D5338 n/a EPA 2021.0 Large Scales NTU Large Scales Large Scales ASTM D5338 Observed n/a months hours Vegetation Establishment ASTM D7322' % PRODUCT COMPOSITION Thermally Processed (within a pressurized vessel) 100% Recycled Virgin Wood Fibers Wetting agents (including high -viscosity colloidal polysaccharides, cross -linked biopolymers, and water absorbents) Crimped Biodegradable Interlocking Fibers Micro -Pore Granules a 390 (11.6) a 5.6 (0.22) a 99 a 1,700 Green Yes 48-hr LCso > 100 < 250 s 0.01 a 99 s18 0-2 z 800 TYPICAL VALUE 80% 10% 5% 5% * When uniformly applied at a rate of 3,500 Ib/ac (3,920 kg/ha) under laboratory conditions. 1. ASTM test methods developed for Rolled Erosion Control Products that have been modified to accommodate Hydraulic Erosion Control Products. 2. Cover Factor is calculated as soil loss ratio of treated surface versus an untreated control surface. 3. Percent Effectiveness = One minus Cover Factor multiplied by 100%. 4. Functional Longevity is the estimated time period, based upon field observations, that a material can be anticipated to provide erosion control and agronomic benefits as influenced by composition, as well as site -specific conditions, including, but not limited to —temperature, moisture and light conditions, soils, biological activity, vegetative establishment and other environmental factors. 5. Large Scale testing conducted at Utah Water Research Laboratory. For specific testing information please contact a Profile technical service representative at 800-508-8681 (US and Canada) or +1-847-215-1144 (International). 6. Heated to a temperature greater than 193 degrees C (380 degrees F) for 5 minutes at a pressure greater than 345 kPa (50 psi) in order to be Thermally Refined®/Processed and to achieve phyto-sanitization. SETTING THE BAR EVEN HIGHER Better Erosion Control—Flexterra® HP-FGM® immediately bonds to the soil surface. Its flexible yet stable matrix retains > 99% of soil, vastly reducing turbidity of runoff for up to 18 months. Greater Seed Germination and Growth—Flexterra HP-FGM delivers the highest growth establishment in the market, >_ 800% via ASTM D7322, due to a combination of optimized water and nutrient retention. Safer for the Environment —Unlike rolled erosion control blankets, Flexterra HP-FGM has no nets or threads to endanger wildlife. It uses 100% biodegradable crimped interlocking fibers and 100% recycled and phyto-sanitized wood fibers. Flexterra HP-FGM is 100% safe in even the most sensitive environments. Earth -Friendly and Sustainable Results—Flexterra HP-FGM is a result of Profile's Green Design Engineering'" creating cost-effective and environmentally superior solutions through the design, manufacture and application of sustainable erosion control and vegetation establishment technologies. GREEN DESIGN ENGINEERING'" EARTH -FRIENDLY SOLUTIONS FOA SUSTAINABLE RESULTS" Green Design Engineering'" is a holistic approach that combines agronomic and engineering expertise with advanced technologies to provide cost-effective and earth -friendly solutions. Profile strives to deliver Green Design Engineering across our team of consulting professionals, innovative products and educational resources. §:3 ZAI!R PROFILE SOIL SOLUTIONS S O F T W A R E PSI is a free, comprehensive 24/7 online resource you can use to design a project and select the right products that address both the physical and agronomic needs of your site. It will help you develop holistic, sustainable solutions for cost-effective erosion control, vegetation establishment and subsequent reductions in sediment and other pollutants from leaving disturbed sites. Because good plans start with the soil, PSI offers free soil testing to ensure this critical step is considered. To access the site, design your project and take advantage of a free soil analysis, visit profileps1com. Profile® Solutions for your Environment - For technical information or distribution, please call 800-508-8681. For customer service, call 800-366-1180. For warranty information, visit profileproducts.com. 750 W. Lake Cook Road • Suite 440 Buffalo Grove, IL 60089 profileproducts.com ® 2019 PROFILE Products LLC. All rights reserved. Profile, Thermally Refined, Flexterra, HP-FGM and High Performance -Flexible Growth Medium are registered trademarks of PROFILE Products LLC. ET-FGM, Flexible Growth Medium, GreenArmor, Prolvatrix, Green Design Engineering, Earth -Friendly Solutions for Sustainable Results and Solutions for your Environment are trademarks of PROFILE Products L-C. ® Find us on In 1 ECA facebook.com/profileEVS HP-01 02/19