Loading...
HomeMy WebLinkAboutBayview bogs eco restoration special conditions_V3 Approved plans and materials Bayview Bogs Wetland Restoration Permit Set 12.1.2025, by Fuss & O’ Neill stamped by Andrew H. Bohne R.L.A 12 sheets Bayview Bogs Restoration Details CD-502 12.4.2025 and CD-506 1/8/2026 stamped by Daniel F. Delany P.E. Hydrology & Hydraulic Report by Fuss & O’Neill 12.2025 NOI Narrative by Fuss & O’Neill Supplemental Information 12.4.2025 by Julianne Busa Fuss & O’ Neill Project description: Ecological Restoration Project -Tidal Restoration Restoration of tidal flow by removal of an earthen berm tidal restriction and restoration of former cranberry bogs to BVW by removal of irrigation lines, water control structures, berms and ditches, excavation of bog cells, diffuse flow path connections, microtopography, and naturalization of ponds. Work includes updating trail network with new surfaces, boardwalks, and sitting areas. Work will take place within inland bank, BVW, riverfront area, land under waterbodies, salt marsh, coastal bank, and LSCSF. GENERAL: This Order shall apply to any successors and assigns in interest or control and any other person engaging in activity on the property identified in the Notice of Intent. The applicant/owner shall be responsible for always having a copy of the Order of Conditions on the job site and shall be responsible for ensuring that all people performing the permitted activity are fully aware of its terms and conditions. Failure to do so may result in the revocation of this permit, a fine or both. This Order of Conditions shall be recorded at the registry of deeds/land court and proof of the recording shall be submitted to the Conservation Commission prior to the Pre-work meeting. The Conservation Commission, its agents and employees, shall have the right of entry upon the job site at all reasonable times for the purposes of inspecting for compliance with the terms of this Order of Conditions until a Certificate of Compliance is obtained and recorded at the Barnstable Registry of Deeds. Commission members and the Conservation Administrator may acquire any information, measurements, photographs, observations and/or materials or may require the submittal of any data/information deemed necessary by this Commission for that evaluation. This Order of Conditions authorizes only the activities described on the approved plan(s) and approved documents referenced in this Order of Conditions. Any other or additional activities in areas within jurisdiction of the Conservation Commission require a separate review and approval by the Conservation Commission. Any change in the approved plan(s) which may or will alter an area subject to protection under the Wetlands Protection Act (310 CMR 10.00) and the Town of Yarmouth Wetlands Protection Regulations, shall require the Applicant to file, in writing, a notice of project change with this Commission and/or Staff prior to implementing the change in the field to determine the significance of the change and determine whether administrative approval or an Amended Order of Conditions or new Notice of Intent is required. Any errors in plans or information submitted by the Applicant or their Representative shall be considered changes, and the above process shall be followed. Should the project be changed without 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. The Order of Conditions is valid for three years from the date of issuance unless otherwise specifically noted. Extension requests must be applied for at least 30 calendar days prior to the expiration date. Failure to do so will result in a new Notice of Intent filing. The Commission reserves the right to amend this Order of Conditions prior to the completion of work, after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. The Commission reserves the right to require additional information from the Applicant or his/her Representative prior to completion of work, after a legally advertised public hearing, if plans or circumstances are changed or if new conditions or information so warrant. If the Applicant will not provide such information, the Commission reserves the right to hire a third party applicant at the applicant’s expense to obtain the information needed. Noncompliance with these conditions shall constitute grounds to revoke this permit and/or for an Enforcement Order and fines. Fines shall not exceed $300.00 per day/per violation. PRE-CONSTRUCTION: Prior to any site disturbance, a pre‐work meeting shall be arranged by the applicant to be held with the responsible contractors (or those performing the work) and Conservation Administrator (CA) to review the Order of Conditions, the work protocol and other required materials identified in this Order of Conditions. Notice of work start and completion along with the name(s) and telephone number(s) of the person(s) responsible on site for compliance with this Order shall be given in writing before or during the Pre-work meeting. Work shall not begin until a pre-work meeting is held, and the CA determines the work can proceed. Prior to the pre‐construction meeting, A dewatering plan shall be submitted for review and approval prior to the start of work. All land-based erosion and sedimentation controls (i.e. silt fences, and/or straw wattles at the work limit) shall be in place and ready for inspection. The CA may instruct the contractors to modify the sedimentation controls to protect wetland Resource Areas. Hay is not acceptable. It is the applicant's responsibility to implement and maintain appropriate and adequate erosion controls measures until the site is stable. A sign shall be displayed on the site visible from the road showing the DEP file number and shall remain posted until the issuance of a Certificate of Compliance. A copy of this Order of Conditions and site plan shall always be kept on-site and visibly displayed in a weatherproof container. WORK PERIOD Debris, including litter, shall be picked up immediately. No debris shall be allowed in a Wetland or Waterway. Washing of equipment/tools shall be done OFF -SITE or within approved staging areas with proper containment. Storage of materials and tools for construction shall be outside the buffer zones or within approved staging areas at the end of each work day. All fueling and storage shall be within approved staging areas with proper containment, as far from the resource area as possible, and subject to an approved spill prevention plan to be provided by the contractor for review prior to construction. No material of any kind shall be buried, placed or dispersed in areas within jurisdiction of the Conservation Commission, except as expressly permitted by the Order of Conditions or the plan(s) approved herein. Machinery, tools, and Vehicles, when not in use, shall be parked/stored on the existing bog road or outside the buffer zones, unless otherwise specified in the Order of Conditions or on the approved site plan(s). Any stockpiled material must be enclosed with an erosion control barrier Grading shall be accomplished so that the project shall not cause flooding or storm damage to Wetland Resource Areas. Disturbed areas where the grade is steep (>10%) shall not be exposed for longer than one month. If exposed for longer than 2 weeks, erosion control matting shall be installed and firmly anchored in placed to prevent soil from washing out during rain or flooding events. In addition, the exposed area(s) shall be seeded with perennial rye or other native grasses for stability. If active construction operations have ceased for the season, all disturbed areas shall be stabilized and seeded as soon as possible prior to November 1st of each year and no disturbed areas shall be left unprotected or without erosion controls during the winter months (December – April). Lighting features shall be limited to the ‘welcome plaza’ The coffer dam shall be deployed if/when needed and immediately removed once no longer necessary A turbidity curtain shall be deployed to protect the downstream resource areas for the berm removal. VEGETATION: A Certified Ecological Restoration Practitioner (CERP) is required to be on the project supervisory staff of the contractor implementing the work A planting plan shall be submitted for review and approval prior to any planting work Mulch may only be applied under the drip line of each plant at the time of planting for moisture retention, soil stabilization, and weed control during establishment. Native groundcovers will be utilized in the spaces between larger plantings. At no time shall a restoration area be sheet mulched. Plantings shall be cared for to ensure their survival. Temporary above surface irrigation is permitted for the first three (3) years for establishment. Dumping Prohibited: There shall be no dumping of leaves, grass clippings, brush, or other debris within any Resource Area or associated buffer zones Except for the beneficial reuse of organic materials as described in the approved plans. This is an on-going condition that does not expire with the issuance of a Certificate of Compliance. The applicant shall notify the CA in writing when the mitigation or restoration plants are installed. If approved, any lawn area shall be planted with a low maintenance, drought tolerant, fescue seed mix. No additional lawn may exist beyond that shown on the approved site and/or planting plan(s).This is an ongoing condition, in perpetuity, that does not expire with the issuance of a Certificate of Compliance. The applicant must wait until the plants have been in place for at least 2 years before the Request for a Certificate of Compliance is submitted. During this time, the CA may require additional plantings if it is determined that any specimens are dead or dying and need replacement. The Applicant must monitor the site at least twice during the growing season during the required 5 year monitoring period. This condition shall be recorded as an on-going condition on the Certificate of Compliance. A monitoring report shall be submitted by a CERP by November 15th annually for a minimum of 5 years after work begins. This Report shall include a description of the site conditions and photo documentation as appropriate to show any changes. The report shall also include an assessment of the management areas and identify any management concerns and solutions along with the timeline of actions. STORMWATER: A gravel apron shall be created and maintained at the edge of driveway/road entrance where vehicles will access the work site. The roadway shall be swept as necessary to keep sediment off the roadway. Catch basins adjacent to wetland resource areas shall be protected with filter fabric to ensure sediments do not enter existing drainage system. All stormwater runoff from the parking area and welcome plaza must be captured on the applicant’s property and not allowed to flow onto neighboring properties or into Resource Areas. This project shall not cause flood or storm damage to abutters, other property owners or the Resource Area. This condition shall be recorded as an on-going condition on the Certificate of Compliance. Failure to follow approved and required maintenance practices for the Project, or any part of this Project is shown to cause negative impact to the Resource Areas or if the project does not meet the expressed ecological restoration goals, shall be cause for the Commission to require that remedial measures must be undertaken. The Commission reserves the right to require that a hearing be held, at the applicant's expense, to discuss the necessary remedial measures and determine if more information from the Applicant or a Third Party Consultant is required. The Commission may determine that the approved project is to be modified as necessary to protect the interests of the Act. CERTIFICATE OF COMPLIANCE: 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 request shall include the following: A written statement from the same type of professional who prepared the approved plans, certifying that a site inspection has been performed, the date of this inspection, and that the work has been conducted in compliance with the plan(s) and documents referenced above, as conditioned by the Commission. Any deviation from the approved plan(s) shall be identified. This Order of Conditions shall be considered in non-compliance until the applicant has obtained a Certificate of Compliance and it has been recorded at the Barnstable Registry of Deeds. A copy of the recording information must be submitted to the Commission.