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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands sE83-2508
WPA Form 5A - Restoration Order of MassDEP File#
Conditions YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
A. General Information
Please note: Yarmouth
this form has 1. From:
been modified Conservation Commission
been
with added
space to 2. This issuance is for(check one):
accommodate
the Registry
of Deeds a. ® Restoration Order of Conditions b. ❑Amended Restoration Order of Conditions
Requirements
3. To: Applicant:
Important:
When filling Mark Forest
out forms on a. First Name b. Last Name
the Cape Cod Conservation District
computer, c.Organization
use only the
tab key to 303 Main Street/Route 28
move your d.Mailing Address
cursor do West Yarmouth MA 02673
not use the
return key. e.City/Town f.State g.Zip Code
•�� • 4. Property Owner(if different from applicant):
Michael Jones
a. First Name b. Last Name
Cape Cod Hospital
X•
c.Organization
27 Park Street
d. Mailing Address
Hyannis MA 02601
e.City/Town f.State g.Zip Code
5. Project Location:
0 Rosetta Street Yarmouth
a.Street Address b.City/Town
28 58.1.1
c.Assessors Map/Plat Number d. Parcel/Lot Number
wpaform5a.doc• rev.4/22/2015
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands SE83 2508
WPA Form 5A — Restoration Order of MassDEP File#
Conditions YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
A. General Information (cont.)
Latitude and Longitude, if known: 41.651170 70.268032
d.Latitude(in decimal) e. Longitude(in decimal)
Note: If the Ecological Restoration Project involves work on a stream crossing, baseline
photo-points that capture longitudinal views of the crossing inlet, the crossing outlet and the
upstream and downstream channel beds during low flow conditions. The latitude and
longitude coordinates of the photo-points shall be included in the baseline data.
6. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Barnstable
a.County b.Certificate Number(if registered land)
2115 _ 0015
c.Book d.Page
12/4/2025 1/15/2026 1/27/2026
7. Dates: a. Date Ecological Restoration NOl Filed b.Date Public Hearing Closed c. Issuance Date
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Bayview Bogs Wetland Restoration Permit Set 12 sheets
a.Plan Title
Fuss &O'Neill Andrew J Bonne RLA
b. Prepared By c.Signed and Stamped by
12.1.2025
d. Final Revision Date e.Scale
See special conditions for full list of approved materials
f.Additional Plan or Document Title g. Date
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the Ecological Restoration Notice of Intent described in Section A
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. El Public Water Supply d. ® Flood Control g ® Land Containing
Shellfish
b. ® Private Water Supply e. ® Storm Damage Prevention h. ® Fisheries
c. ® Groundwater Supply f. ® Prevention of Pollution i. ® Wildlife Habitat
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LMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands SE83-2508
WPA Form 5A - Restoration Order of MassDEP File#
Conditions YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
B. Findings (cont.)
2. This Commission hereby finds the project, as proposed, is an Ecological Restoration
Project for:
❑ Dam Removal
❑ Freshwater Stream Crossing Repair and Replacement
❑ Stream Daylighting
® Tidal Restoration
❑ Rare Species Habitat Restoration
❑ Restoring Fish Passageways
Approved subject to:
® The following conditions are required in accordance with the Ecological Restoration
eligibility criteria 310 CMR 10.13 (1)through (7)and performance standards set forth in the
wetlands regulations. This Commission orders that all work shall be performed in
accordance with the Ecological Restoration Notice of Intent for the project described in
Section A. The General Conditions in Section C and Special Conditions checked in Section
D are incorporated into this Restoration Order. To the extent that the following conditions
modify or differ from the plans, specifications, or other proposals submitted with the
Ecological Restoration Notice of Intent, these conditions shall control.
Denied because:
❑ The proposed work does not meet the eligibility criteria in 310 CMR 10.13(1)through
(7). Therefore, work on this project may not go forward unless and until a new Notice of
Intent(WPA Form 3 or 3A) is submitted and a Final Order of Conditions (WPA Form 5 or
5A) has been issued. The Commission has determined that following the eligibility criteria
have NOT been met.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands SE83 2508
r
WPA Form 5A — Restoration Order of MassDEP File#
Conditions YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
B. Findings (cont.)
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
2,633 2,633 3,133 3,133
4. ® Bank a.linear feet b.linear feet c.linear feet d. linear feet
5. ® Bordering 2,103,948 2,103,945 2,103,948 2,103,948
Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
6. ® Land Under 88,262 88,262 88,262 88,262
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.c/y dredged f.dy 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
213,444 213,444
9. ® Riverfront Area
-
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-
200 ft g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
11. ❑ Land Under the
Ocean a.square feet b.square feet
c.c/y dredged d.c/y dredged
12. ❑ Barrier Beaches Note: No armoring of a Coastal Dune or Barrier Beach is
permitted. Indicate size under Coastal Beaches and/or Coastal
Dunes below
c/y dy
13. ❑ Coastal Beaches a.square feet b.square feet c.nourishment d.nourishment
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands SE83 2508
WPA Form 5A — Restoration Order of MassDEP File#
\ Conditions YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
B. Findings (cont.)
❑ Coastal Dunes c/y c/y
14. a.square feet b.square feet c.nourishment d.nourishment
Note: No armoring of a Coastal Dune or Barrier Beach is permitted.
726 726
15. ® Coastal Banks
a.linear feet b.linear feet
16. ❑ Rocky Intertidal
Shores a.square feet b.square feet
17. ® Salt Marshes 52,708 52,708 52,708 52,708
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 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
3,316,199 3,316,199
21. ® Land Subject to a.square feet b.square feet
Coastal Storm
Flowage
*If the
project is for 22. ❑ Riverfront Area
a.total sq.feet b.total sq.feet
the purpose
of restoring Sq ft within 100 ft
or c.square feet d.square feet e.square feet f.square feet
enhancing a Sq ft between 100-
wetland 200 ft
resource g.square feet h.square feet i.square feet j.square feet
area in
addition to 23. ® Restoration/Enhancement*:
the square 45,722 0 0
footage that a.square feet of BVW b.square feet of salt marsh c.square feet of other wetland resource areas
has been
entered in
Section 24. ❑ Stream Crossing(s):
B.5.c(BVW)
or B.17.c
(Salt Marsh) a.number of new stream crossings b.number of replacement stream crossings
above,
please enter
the
additional
amount here
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Massachusetts Department of Environmental Protection Provided by MassDEP:
LBureau of Resource Protection - Wetlands sE83-2508
WPA Form 5A - Restoration Order of MassDEP File#
Conditions YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are 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 Restoration Order of
2. The Restoration 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 Restoration 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
Restoration 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 Restoration 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
Restoration Order.
5. This Restoration 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 Restoration Order.
6. If this Restoration Order constitutes an Amended Restoration Order of Conditions, this
Amended Restoration Order of Conditions does not extend the issuance date of the original
Final Order of Conditions and the Restoration Order will expire on 1/27/2029 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 Restoration Order is not final until all administrative appeal periods from this
Restoration 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 Restoration 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 Restoration 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 Restoration 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 Restoration Order, which form must be stamped by the Registry of Deeds,
prior to the commencement of work.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands sE83 2508
WPA Form 5A - Restoration Order of MassDEP File#
Conditions YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
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 SE83-2508 "
11. Where the Department of Environmental Protection is requested to issue a Superseding
Restoration 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 Form 8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition #13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Restoration Order at reasonable hours to evaluate compliance with the conditions stated in
this Restoration Order, and may require the submittal of any data deemed necessary by the
Conservation Commission or Department for that evaluation.
16. This Restoration Order of Conditions shall apply to any successor in interest or successor
in control of the property subject to this Restoration Order and to any contractor or other
person performing work conditioned by this Restoration 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 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 Restoration Order.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands sE83-2508
WPA Form 5A — Restoration Order of MassDEP File#
Conditions YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
General Conditions for all Ecological Restoration Projects
19. The project shall be conducted in accordance with any preliminary written determination
obtained from the Natural Heritage and Endangered Species Program as set forth in 310
CMR 10.11(2)and any time of year restrictions or other conditions recommended in writing
by the Division of Marine Fisheries (for projects in coastal Resource Areas) and the
Division of Fisheries and Wildlife (for projects in inland Resource Areas) as set forth in 310
CMR 10.11(3), (4) and (5).
20. The applicant shall implement the plan submitted with the Notice of Intent as approved by
the Issuing Authority to prevent and control invasive species.
21. If the project involves the dredging of 100 cubic yards or more in a Resource Area or
dredging of any amount in an Outstanding Resource Water, the dredging and Dredged
Material management shall be performed in accordance with the Water Quality Certification
submitted with the Notice of Intent.
22. If the project involves infrastructure, the owner shall operate and maintain the infrastructure
in accordance with the operation and maintenance plan submitted with the Notice of Intent
as approved by the Issuing Authority. Implementation of the operation and maintenance
plan as approved by the Issuing Authority shall be a continuing condition that shall be set
forth in the Certificate of Compliance.
23. 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;
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LMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands sE83-2508
WPA Form 5A — Restoration Order of MassDEP File#
Conditions YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
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 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 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, 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 Restoration 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.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands sE83-2508
WPA Form 5A — Restoration Order of MassDEP File#
Conditions YARMOUTH _
' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
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.
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 Restoration 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.
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LMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands SE83-2508
WPA Form 5A — Restoration Order of MassDEP File#
Conditions YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
D. Special Conditions for Ecological Restoration Projects
El Dam Removal
This project involves dam removal and the following special conditions shall apply in
addition to the general conditions set forth in 310 CMR 10.14(1):
a) An as-built plan and a written statement from a registered professional engineer or
other environmental professional expert in ecological restoration certifying substantial
compliance with the design plan and construction specifications approved in the
Restoration Order of Conditions shall be submitted to the Issuing Authority within 90
days of completion of the dam removal.
b) The applicant shall monitor the dam removal site during the first two years following
completion of the dam removal. Said monitoring shall include a topographic survey of
the longitudinal profile and stream cross-sections from downstream of the former dam
through the upstream end of the former impoundment. The survey reference point
shall comprise a permanent marker or recoverable survey point with known
coordinates, such as a fixed point shown on the as-built plan, an existing bench mark,
or a new benchmark. That marker should be identified or referenced on the plans and
on the as-built plans. The applicant shall establish at least two photo-points for pre-
and post-restoration monitoring at the dam removal site. At least one photo-point
location shall be chosen to document a view of the dam pre-restoration and to
document the same site after the dam is removed. A second location shall be chosen
to document a view of the impoundment pre-and post-restoration. Photos shall be
taken for two years after the dam removal is completed.
c) The applicant shall submit a report detailing the results of this monitoring within six
months of the completion of the two year post-construction monitoring period, or within
30 months after the dam removal is complete whichever is sooner. The report shall
include a comparison of post-restoration survey data with pre-restoration survey data
as illustrated by the photos taken during the monitoring period.
❑ Freshwater Stream Crossing Repair and Replacement Projects
The project involves one or more freshwater crossing repair or replacement and the
following special conditions in addition to the general conditions apply:
a) An as-built plan and/or a written statement from a registered professional engineer or
other environmental professional expert in ecological restoration certifying substantial
compliance with the design plans and construction specifications approved in the
Restoration Order of Conditions shall be completed within 90 days of completion of
construction. The as-built plan shall include the dimensions of the structure, the invert
elevation of the upstream and downstream ends of the structure and the road or other
surface elevation above the structure.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
IBureau of Resource Protection - Wetlands SE83 2508
WPA Form 5A — Restoration Order of MassDEP File#
Conditions YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
D. Special Conditions for Ecological Restoration Projects (cont.)
b) The applicant shall monitor the site by collecting sufficient data within 12 months after
construction is complete to evaluate the effect of the structure. At a minimum, when a
Certificate of Compliance is requested, the applicant shall provide post-construction
photo-points that capture longitudinal views of the crossing inlet, the crossing outlet and
the upstream and downstream channel beds during low flow conditions. The photo-
points shall be located at the same geographic photo-point latitude and longitude
coordinates as required in the Notice of Intent per 310 CMR 10.12(1)(n). The applicant
shall submit a report to the Issuing Authority detailing the results of this monitoring
within 18 months after construction is complete. The report shall include a comparison
of the post-restoration data with pre-restoration data.
❑ Stream Daylighting
The project involves stream daylighting and the following special conditions in addition to
the general conditions apply:
a) An as-built plan and a written statement from a registered professional engineer or
other environmental professional expert in ecological restoration certifying substantial
compliance with the design plan and construction specifications approved in the
Restoration Order of Conditions shall be submitted to the Issuing Authority within 90
days of completion of the project. At a minimum, when a Certificate of Compliance is
requested, the applicant shall provide post-construction photo-points that capture
longitudinal views of the upstream and downstream channel beds of the daylighted
reach during low flow conditions.
b) The applicant shall conduct photo-point monitoring by establishing at least three photo-
points for pre-and post-restoration monitoring at the stream daylighting site. One
photo-point location shall be chosen to document the upstream end of the site and one
photo-point location shall be chosen to document the downstream end of the site. A
third photo-point shall be chosen to document conditions in the restored channel.
Photos shall be taken during high flow and low(summer)flow of each year during the
two years following completion of the project.
c) Within 30 months after the completion of the project, the applicant shall submit a report
describing the ecological changes observed at the project site during the two years
following completion of the project, as illustrated by the photos.
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LMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands SE83 250s
WPA Form 5A — Restoration Order of MassDEP File#
Conditions YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
D. Special Conditions for Ecological Restoration Projects (cont.)
® Tidal Restoration Projects
The project involves restoration of tidal influence and the following special conditions in
addition to the general conditions apply:
a) If the project is a culvert or bridge replacement or repair project, an as-built plan and a
written statement from a registered professional engineer or other environmental
professional expert in ecological restoration certifying substantial compliance with the
design plans and construction specifications approved in the Restoration Order of
Conditions shall be submitted to the Issuing Authority within 90 days of completion of
construction. The as-built plan shall include the dimensions of the structure, the invert
elevation of the upstream and downstream ends of the structure and the road or other
surface elevation above the structure.
b) The applicant shall monitor pre-and post-construction tidal conditions upstream and
downstream of the tidal restriction with water level readings measured at an interval no
greater than every 10 minutes over a minimum of a one-week period that includes a
spring tide. Pre-and post-construction water level readings shall be taken at
approximately the same locations and shall be referenced to the same vertical
elevation datum. The applicant shall prepare a report detailing the results of this
monitoring within 12 months after construction is complete. The report shall include
and compare pre-and post-construction tidal elevation monitoring data to assess
attainment of the project's predicted post-restoration tidal conditions.
❑ Rare Species Habitat Restoration
The project is a Rare Species Habitat Restoration Project and in addition to the general
conditions the following special conditions apply:
a) An as-built plan and a written statement from a registered professional engineer or
other environmental professional expert in ecological restoration certifying substantial
compliance with the design plan, construction specifications, and the Habitat
Management Plan submitted with the Notice of Intent as approved in the Restoration
Order of Conditions shall be submitted to the Issuing Authority within 90 days of
completion of the project.
b) The applicant shall establish at least two photo-points for pre-and post-restoration
monitoring at the project site. Photos shall be taken for two years after construction is
complete. Within 30 months of completion of the project, the applicant shall submit to
the Issuing Authority a report describing the ecological changes observed at the project
site as illustrated by the photos.
wpaform5a.doc• rev.4/22/2015 Page 13 of 20
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands SE83-2508
WPA Form 5A — Restoration Order of MassDEP File#
Conditions YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
D. Special Conditions for Ecological Restoration Projects (cont.)
❑ Fish Passageway Restoration
The project involves the repair or replacement of a fish passageway and in addition to the
general conditions the following special conditions:
a) The property owner is responsible for maintaining and repairing the fishway in good
condition so that it will support safe and efficient fish passage in accordance with an
operation and maintenance plan approved by the Division of Marine Fisheries. This
requirement is a continuing condition that shall be set forth in the Certificate of
Compliance.
b) a post-construction project summary using surveys, a narrative and photographs as
needed, that confirm the fishway slope and entrance and exit elevations shall be
submitted to and approved by the Division of Marine Fisheries, prior to submittal of a
request for a Certificate of Compliance.
wpaform5a.doc• rev.4/22/2015
Page 14 of 20
4
ILMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands SE83-2508
WPA Form 5A — Restoration Order of MassDEP File#
Conditions YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
E. 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 Bylaw Chapter 143
1. Municipal Ordinance or Bylaw 2.Citation
3. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ 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 special conditions attached pages 15a - 15c.
wpaform5a.doc• rev.4/22/2015
Page 15 of 20
Town of Yarmouth SPECIAL CONDITIONS
083-2508,Cape Cod Conservation District and Cape Cod Hospital,0 Rosetta Street
Approved plans and materials
Bayview Bogs Wetland Restoration Permit Set 12.1.2025,by Fuss&0'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&0'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:
1. This Order shall apply to any successors and assigns in interest or control and any other person engaging in activity
on the property identified in the Notice of Intent.
2. The applicant/owner shall be responsible for always having a copy of the Order of Conditions on the job site and
shall be responsible for ensuring that all people performing the permitted activity are fully aware of its terms and
conditions.Failure to do so may result in the revocation of this permit,a fine or both.
3. This Order of Conditions shall be recorded at the registry of deeds/land court and proof of the recording shall be
submitted to the Conservation Commission prior to the Pre-work meeting.
4. The Conservation Commission,its agents and employees,shall have the right of entry upon the job site at all
reasonable times for the purposes of inspecting for compliance with the terms of this Order of Conditions until a
Certificate of Compliance is obtained and recorded at the Barnstable Registry of Deeds.Commission members and
the Conservation Administrator may acquire any information,measurements,photographs,observations and/or
materials or may require the submittal of any data/information deemed necessary by this Commission for that
evaluation.
5. This Order of Conditions authorizes only the activities described on the approved plan(s)and approved 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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:
11. 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
Page 15a of 20*ELECTRONIC COPY
Town of Yarmouth SPECIAL CONDITIONS
083-2508,Cape Cod Conservation District and Cape Cod Hospital,0 Rosetta Street
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.
12. Prior to the pre-construction meeting,
a. A dewatering plan shall be submitted for review prior to the start of work.
b. A spill prevention plan shall be submitted for review at a hearing prior to start of work.
c. 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.
d. 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.
e. 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
13. Debris,including litter,shall be picked up immediately.No debris shall be allowed in a Wetland or Waterway.
14. 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.
15. 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.
16. 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.
17. Machinery,tools,and Vehicles,when not in use,shall be parked/stored in approved staging areas,the existing bog
road,or outside the buffer zones,unless otherwise specified in the Order of Conditions or on the approved site
plan(s).
18. Any stockpiled material must be enclosed with an erosion control barrier
19. Grading shall be accomplished so that the project shall not cause flooding or storm damage to Wetland Resource
Areas.
20. 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).
21. Lighting features shall be limited to the `welcome plaza'
22. The coffer dam shall be deployed if/when needed and immediately removed once no longer necessary
23. A turbidity curtain shall be deployed to protect the downstream resource areas for the berm removal.
VEGETATION:
24. A Certified Ecological Restoration Practitioner(CERP)is required to be on the project supervisory staff and onsite
weekly during construction.
25. A planting plan shall be submitted for review and approval prior to any planting work
26. 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.
27. Plantings shall be cared for to ensure their survival.Temporary above surface irrigation is permitted for the first three
(3)years for establishment.
28. 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.
29. The applicant shall notify the CA in writing when the mitigation or restoration plants are installed.
30. 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.
31. 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.
Page 15b of 20*ELECTRONIC COPY
Town of Yarmouth SPECIAL CONDITIONS
083-2508,Cape Cod Conservation District and Cape Cod Hospital,0 Rosetta Street
32. 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.
33. 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:
34. 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.
35. Catch basins adjacent to wetland resource areas shall be protected with filter fabric to ensure sediments do not enter
existing drainage system.
36. 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.
37. 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:
38. Upon completion of the project,a Request for a Certificate of Compliance shall be submitted by the applicant to the
Conservation Commission for review.
39. The request shall include the following:
a. 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.
40. 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.
Page 15c of 20*ELECTRONIC COPY
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands SE83-2508
WPA Form 5A - Restoration Order of MassDEP File#
i Conditions YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
F. Signatures
This Restoration Order is valid for three years, unless otherwise specified as a \ 121 V2.02.(:)
special condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance
5
Please indicate the number of members who will sign this form. 2.Number of Signers
This Restoration Order must be signed by a majority of the Conservation
Commission.
The Restoration 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 and the property owner, if different from applicant.
Signature •
❑ by hand delivery on Elby certified mail, return receipt
requested, on
1 121 \2.026
Date Date
wpaform5a.doc• rev.4/22/2015 Page 16 of 20
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands SE83-2508
WPA Form 5A — Restoration Order of MassDEP File#
Conditions YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
G. Appeals
The applicant, the owner, any person aggrieved by this Restoration Order, any owner of land
abutting the land subject to this Restoration 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 Restoration 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 Restoration 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.
Any appellants seeking to appeal the Department's Superseding Restoration Order of
Conditions 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 Restoration Order, or providing written information to the Department
prior to issuance of a Superseding Restoration Order.
The request shall state clearly and concisely how the project permitted under the Restoration
Order which is being appealed does or does not meet the eligibility criteria in 310 CMR
10.13(1)and the relevant provisions of 310 CMR 10.13(2)through (7). To the extent that the
Restoration 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.
wpaform5a.doc• rev.4/22/2015 Page 17 of 20
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands SE83-2508
WPA Form 5A — Restoration Order of MassDEP File#
Conditions YARMOUTH
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
H. Recording Information
Prior to commencement of work, this Restoration 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 Restoration Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land subject
to the Restoration Order. In the case of registered land, this Restoration Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subject to the Restoration
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 Restoration Order of Conditions for the Project at:
0 Rosetta Street SE83-2487
Project Location MassDEP 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 Restoration 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
wpaform5a.doc• rev.4/22/2015 Page 18 of 20
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
L Request for Departmental Action Fee
Transmittal Form Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
1. Location of Project
a.Street Address b.City/Town,Zip
c.Check number d. Fee amount
Important: 2. Person or partymaking (if appropriate, name the citizen group's representative):
When filling request
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do City/Town State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
4 ` 3. Applicant(as shown on Determination of Applicability(Form 2), Order of Resource Area Delineation
(Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of
/return X Non-Significance(Form 6)):
s'
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
wpaform5a.doc• rev.4/22/2015 Page 19 of 20
4
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/agencies/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.
wpaform5a.doc• rev 4/22/2015 Page 20 of 20