Order of Conditions 2009 Massachusetts Department of Envir ental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetls " 15-2051
MassDEP File Number
WPA Form 5 — Order of Cc nditions
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Document Transaction Number
And Dartmouth Wetlands Protection Bylaw DARTMOUTH
y CitylTown Melancon
A. General Information
Important: From: Dartmouth Conservation Commission C 0 10
When filling out Conservation Commission
forms on the
computer,use : a.check one 2.This issuance is for
only the tab key ( ) ® Order of Conditions b. ❑ Amended Or r of Conditions
to move your
cursor-do not 3. To: Applicant:
use the return
key. David Melancon
41111 a.First Name b. Last Name
c.Organization
22 Sundance Road
/ 1.
d.Mailing Address
Dartmouth MA 02747
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
a.First Name b. Last Name
c.Organization
d.Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
22 Sundance Dartmouth
a.Street Address b.City/Town
Map 79 Lot 48-28
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: e.Latitude f.Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Bristol
a.County b.Certificate Number(if registered land)
3104 341
c.Book d.Page
7. Dates: 6/1/09 6/16/09 6/17/09
a.Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance
8. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Proposed Garage Addition
a.Plan Title
David Melancon
b.Prepared By c.Signed and Stamped by
1"=30'
d.Final Revision Date e.Scale
6/1/09
f.Additional Plan or Document Title g.Date
wpaform5.doc• rev.11/08 Page 1 of 11
t
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands MassDEP File Number1
MassDE
1
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number
And Dartmouth Wetlands Protection Bylaw DARTNIOUTH
y City/Town Melancon
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application 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. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. El Private Water Supply e. ® Fisheries f. Z 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.
Denied because:
b. 0 the proposed work cannot be conditioned to meet the performance standards set forth in the
wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice
of Intent is submitted which provides measures which are adequate to protect 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).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
3. ® Buffer Zone Impacts: Shortest distance between limit of project disturbance and
Bank or Bordering Vegetated Wetland boundary(if available) a.linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet
5. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet
and Waterways
e.Gy dredged f.c/y dredged
Pace2of11 I
wpaform5.doc• rev.11/08 �
1
• Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 15-2051
-mii
MassDEP File Number
Lk
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number
And Dartmouth Wetlands Protection Bylaw DARTMOUTH
y City/Town Melancon
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
7. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9. ❑ Riverfront Area a.total sq.feet b.total sq.feet
Sq 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)
10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the Ocean a.square feet b.square feet
c.dy dredged d.dy dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13. ❑ Coastal Beaches a.square feet b.square feet c.dy nourishmt. d.dy nourishmt.
14. ❑ Coastal Dunes a.square feet b.square feet c.dy nourishmt. d.dy nourishmt.
15. ❑ Coastal Banks a.linear feet b. linear feet
16. ❑ Rocky Intertidal Shores a.square feet b.square feet
17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt Ponds a.square feet b.square feet
c.dy dredged d.dy 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.dy dredged b.dy dredged
21. ❑ Land Subject to Coastal
Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.11/08 Page 3 of 11
R
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File Number1
MassDE
WPA Form 5 — Order of Cond1
itions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number
DARTMOUTH
And Dartmouth Wetlands Protection Bylaw City/Town Meiancon
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 Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. 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.
7. 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.
8. 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.
9. 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 15-2051 "
wpaform5.doc• rev.11/08 Page 4 of 11
3
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands1
assDE1
P File Number
MP WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number
DARTMOUTH
I 111.111 am'And Dartmouth Wetlands Protection Bylaw City/Town Melancon
C. General Conditions Under Massachusetts Wetlands Protection Act
10. 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.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 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.
14. 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.
15. 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.
16. 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.
17. 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.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
18. The work associated with this Order(the "Project") is to❑ is not(2)®subject to the
Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards,
then the project is subject to the following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment, shall be
implemented in accordance with the construction period pollution prevention and erosion and
sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the
National Pollution Discharge Elimination System Construction General Permit as required by
Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures
and best management practices(BMPs)shall remain in place until the site is fully stabilized.
wpaform5.doc• rev.11/08 Page 5 of 11
n
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File Number1
MassDE
WPA Form 5 - Order of Conditions
1
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number
DARTMOUTH
And Dartmouth Wetlands Protection Bylaw City/Town Melancon
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and j
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
p P P Y
prepared for post construction operation, including removal of all construction period sediment trapped
in inlet and outlet control structures;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per the
requirements of Stormwater Standard 10;
iv. all post-construction stormwater BMPs are installed in accordance with the plans(including all
planting plans)approved by the issuing authority, and have been inspected to ensure that they are not
damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that
another party has legally assumed responsibility for BMP maintenance. Prior to requesting a
Certificate of Compliance, or Partial Certificate of Compliance, the responsible party(defined in
General Condition 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 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.doc• rev.11/08 Page 6 of 11
i
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDE15-2051
P File Number
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number
And Dartmouth Wetlands Protection Bylaw DARTMOUTH
y City/Town Melancon
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three(3) consecutive calendar years
of inspections, repairs, maintenance and/or replacement of the stormwater management
system or any part thereof, and disposal(for disposal the log shall indicate the type of material
and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation Commission
("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site
to evaluate and ensure that the responsible party is in compliance with the requirements for
each BMP established in the O&M Plan approved by the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in
accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are
prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed
without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design
Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact
Development Site Design Credits)shall not be altered without the prior written approval of the issuing
authority.
I) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing
constructed around stormwater BMPs shall include access gates and shall be at least six inches
above grade to allow for wildlife passage.
Special Conditions(if you need more space for additional conditions, please attach a text document):
See pgs. 12&13
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ❑ No
2. The Dartmouth Conservatio Commission 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:
The Dartmouth Wetland Protection Bylaw
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.
wpaform5.doc• rev.11/08 Page 7 of 11
1
Massachusetts Department of Environmental Protection Provided by MassDEP:
MassDEP File Number
Bureau of Resource Protection - Wetlands 152051
1
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number
And Dartmouth Wetlands Protection Bylaw DARTMOUTH
y City/Town Melancon
D. Findings Under Municipal Wetlands Bylaw or Ordinance (cont.)
b. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
The Dartmouth Wetlands Protection Bylaw
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 pgs 12&13
wpaform5.doc• rev.11/08 Page 8 of 11
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 1assDE
P File Number
-New-Ni
MassDEP
L,
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number
And Dartmouth Wetlands Protection Bylaw DARTMOUTH
y City/Town Melancon
E. Signatures and Notary Acknowledgement
This Order is valid for three years, unless otherwise specified as a special 6/17/0 9
condition pursuant to General Conditions#4, from the date of issuance. i.Date of Issuance
Please indicate the number of members who will sign this form. 6
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:
/ ..-le/4/7--' / - -
Jacquelyn E McDonald,Chair Michael A Kehoe,
.0.
Patrici • S eitu if-.l �� 0-1411(• —
pp \e_ s
Danic i „I d
er Brink
hard Golen
Notary Acknowledgement
ement
Commonwealth of Massachusetts County of BRISTOL
16th June 2009
On this D of
Day Month Year
Before me, the undersigned Notary Public, Michael A Kehoe, Vice—Chair
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification,which was/were
personal knowledge of identity
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of Dartmouth Conservation Commission
City/Town
Signature of Notary Public
Donna M Farias
Printed Name of Notary Public
25, 2010
Place notary seal and/or any stamp above. June
My Commission
Expires(Date)
This Order is issued to the applicant as follows:
by hand delivery on Ei by certified mail, return receipt requested, on
June 17 , 2009
Date Date
wpaform5.doc• rev.11/08 Page 9 of 11
r.
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File Number1
MassDE
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number
DARTMOUTH
And Dartmouth Wetlands Protection Bylaw City/Town Melancon
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of
Conditions. The request must be made by certified mail or hand delivery to the Department,with the
appropriate filing fee and a completed Request of 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.
Any appellants seeking to appeal the Department's 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.
Section G, Recording Information, is available on the following page.
i
wpaform5.doc• rev.11/08 Page 10 of 11
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 1
MassDEP File Number
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number
And Dartmouth Wetlands Protection Bylaw Ci /Town D ty/TownOUTH
Melancon
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on
this page shall be submitted to the Conservation Commission listed below.
Dartmouth Conservation Commission, P.O. Box 79399, Dartmouth, MA 02747
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
Dartmouth Conservation Commission
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
22 Sundance Road 15-2051
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
David Melancon
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc• rev.11/08 Page 11 of 11
I
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 1
MassDE
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 MassDEP File Number
Document Transaction Number
And Dartmouth Wetlands Protection Bylaw Dttyy/ToownOUTH
n
General Conditions Under Massachusetts Wetlands Protection Act (cont.)
19. Prior to the start of construction the following must occur:
a- The holder(s)of the order of conditions or their representative shall notify the Conservation
Commission office of the starting date of construction. Unless specifically indicated to the
contrary by the Commission or its agent, an on-site meeting between the conservation
officer,the constructor,and the holder of this Order of Conditions,shall take place on site
prior to the start of work.
b- All siltation control measures shall be installed prior to any excavation or tree stump removal. The
siltation control measures shall be approved by the conservation officer prior to any other activity on site.
c- When deemed necessary by the Conservation Commission or its agent,the applicant shall have on
hand,at the start of any soil disturbance,removal,or stock-piling,a minimum of fifty(50)hay bales and
sufficient stakes for securing these bales. Said bales shall be used only for the control of emergency
erosion problems,and shall not be used for the normal control of erosion.
d- This Order of Conditions Shall be installed prior to any excavation or tree stump removal. The siltation
control measures shall be approved by the conservation officer prior to any other activity on site.
e- The name and telephone number of a contract person in charge of activity on site shall be
submitted to the Conservation Commission.
20. No activity shall occur prior to obtaining all necessary and required permits, licenses,and approvals.
21. Any design modifications,alterations,amendments,or additions to the approved Plan of Record,which fall
within the jurisdiction of the Conservation Commission,or affect the stormwater management system, shall
be subject to the approval of the Commission. Requests for any changes shall be made in writing,and shall
be accompanied by two(2)revised plans and the appropriate fees.
22. No modification of surface features,drainage or topography shall be permitted,except as indicated by this
Order of Conditions.
23. Contours shall remain unchanged except as permitted by this Order of Conditions.
24. There shall be no construction within the jurisdiction of the Conservation Commission other than as shown on
the approved plan of record as referenced in the final Order of Conditions.
25. All wetlands and buffer zone areas shall be kept clear of rubbish,debris and construction material.
26. No runoff shall be caused to drain onto adjoining property or upon any public way.
27. The inspector and/or the commission members shall,at a reasonable time,have the right to enter upon the
land for the purpose of the inspection and/or the taking of pictures.
28. When the plan of Record has been prepared and stamped by a Registered Engineer,a Registered engineer
shall certify, in writing,that the project has been completed in accordance with the above Order of Conditions
before the Certificate of Compliance will be issued.
29. Certain conditions,such as maintenance or monitoring,are on-going and do not expire at the end of three
years,or with the issuance of a Certification of Compliance.
wpaform5.doc• rev.11/08 Page 12 of 11
,
R Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDE1
MassDEP File Number
WPA Form 5 - Order of Conditions
LMassachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number
And Dartmouth Wetlands Protection Bylaw DTMOUTH
�Roown
General Conditions Under Massachusetts Wetlands Protection Act (cont.)
30. This Order of Conditions shall apply to any successor in interest of the applicant,or successor in control of the
property. The applicant shall furnish a copy of this order to any subsequent owner at the time that ownership is
transferred.
31. The Conservation Commission and/or the Town of Dartmouth shall not be responsible or liable for the
construction,the operation,or the maintenance of any part of this project,and does not warrant the safety of the
same.
32. During construction,any fill and/or construction materials shall be stored in upland areas.
33. Any construction in the flood plain shall conform to the Massachusetts Building Code,780 C.M.R.,§3107,the
Design Requirements for construction in Floodplain.
34. Unless alternate erosion/siltation control measures have been approved by the Conservation Commission or its
agent,all exposed soils exceeding a 4:1 (horizontal to vertical)slope,all swales for conveyance of roadway or
stormwater runoff,detention or retention pond slopes exceeding 4:1,or other areas as required by the
Conservation Commission or its agent shall be protected from erosion using best available erosion control
technology(e.g.erosion control blankets,geo-textile fabric,bonded fiber matrix,pre-seeded matting,jute
netting,etc.). The appropriate erosion control technology shall be installed per the recommendations of the
manufacturer within 48 hours of the establishment of the finished grade of the soils,or sooner as weather
conditions dictate. Where finished grade is not established,any exposed soils meeting the above conditions
must be appropriately protected. Any swale longer than 50 feet shall have transverse hay bale check dam(s)
installed a minimum of every 50 feet along the entire length of the swale. The check dam(s)shall extend from
the-top of the swale,to top of swale. All erosion control measures shall remain in place,and be maintained in
good working order,for the-duration of the project,or until vegetation has been ic-established.
35. Except as required by condition#33,any soils exposed by construction activity or disturbed in any other manner
shall be,upon completion of construction,immediately stabilized with indigenous vegetation. Plantings may
include,but not limited to grass seed mixture for approved lawn areas,indigenous shrub and tree species,or
indigenous herbaceous cover species. The Dartmouth Conservation officer shall approve all plantings.
36. Once plantings become established all hay bale,silt fencing,or any combination thereof required by this Order
of Conditions shall be removed upon approval of the Conservation Officer.
37. The Commission reserves the right to require additional protective measures for the resource areas should a site
visit indicate the necessity for those additional measures.
38. All previous no activity zones and demarcation lines and zones as set forth in earlier and prior filings and Orders
of Conditions shall remain in full force and effect,and such zones and lines shall be marked by appropriate
vegetation,fences or any other means of demarcation as determined by the Conservation Commission,at its
discretion.
39. For projects that include wetland alteration,when the approved wetland alteration occurs between
April 1 st and November 1st of any calendar year,the wetland replication area shall be complete within
six(6)weeks of the date of wetland alteration. If the wetland alteration occurs after November 1st,the
wetland replication area shall be completed by November 15th,or if completion by November 15th is
not possible,the replication area shall be completed by May 1st of the following calendar year.
Compensatory storage areas shall be completed within six(6)weeks of fill being placed in the flood
plain.
40. A line of staked hay bales shall be placed at the top-of-slope and shall act as the limit of work area.
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