9/13/2012 ENVIRONMENTAL OVERSIGHT COMMITTEE Minutes

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Massachusetts Depiirtment of Environmental Protection Prov den by MassDEP: Mas EP File#:043-2692 Bureau of Resource Protection-Wetlands eDE Transaction#:-26924 WPA corm 5-Order of Conditions City own:MASHPEE Massachusetts Wetlands Protection Act M.G.L.c.131,§40 Standard 10;iv all post-construction storrhwaterBMPs are installed in accordance with the plans ' cluding all planting plans)approved by the issuing authority,and have been inspected to ensure that they are not dam ed and that they are in proper working condition;v.any vegetation associated Milepost-construction BMPs is suitably es blisbed to withstand erosion. c) The landowner isresponsbleforBMP maintenance until the issuing authority is notified that anoth party has legally assumed responsibility for BMP maintenance;Prior to requesting a Certificate of Compliance,orPartial Cei tificate of Compliance,the responsible party(defined in General Condition 19(e))'shatl execute and submit to the issuing auth city an Operation and Maintenance Compliance Statement("O&M Statement')for the Storm water BMPs identifying th party responsible for unplementing the stormwater BMP Operation andtviaintenance Plan("O&M Plan")and certifying e following:iJ the 0&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)tlr future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwa management BMPs and 'implement the 5torm-vaterPollution 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 Stomtwater Po lion Prevention Plan required by theNational PollutantDischarg6EIimination System Multi-Sector General Permit e) Unless and until another party accepts responsibility,the landowngr,or owner of any drainage em ent assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the pro erty must submit to the issuing authority alegally binding agreement of record acceptable to the issuing authority,eviden ' g that another entity has accepted responsibility formaintaining the BMP,and that the proposed responsible party shall be eated as apermittee for purposes of implementing the requirements of Conditions I9(f)through 19(k)with respect to that MP.Any fa2ure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater I MPs that are serving more than one lot,the legally binding agreement shall also identify the Iots that will be serviced by the stormwater BMPs.A plan and easement deed that a ants the responsible party access to perform the required operation and ma' tenance must be submitted along with the legally binding agreement fl The responsible party shall operate and maintain all stormwaterBMPs in accordance with the desilp plans,the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: I.Maintain an operation and maintenance log for the last three(3)consecutive calendar years c f inspections,repairs, maintenance and/or replacement of the stormwaterriianagemcut system or any part thereof,an 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("Comi iission")upon request;and 3.Allow members and agents of theMassDEP and the Commission to enter and inspect the si to evaluate and ensure that the responsbleparty is in compliance with the requirements for each BMP established in e 0&M Plan approved by the issuing authority. li) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in actor ante with all applicable federal,state,and local laws and regulations. r) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibi ed. The stormwater management system approved in the Order of Conditions shall not be changed wi iout the prior written approval of the issuing authority. k) Areas designated as qual.ifyingpervious areas for the purpose of the Low Impact Site Design Crei it(as defined in the MassDBP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design redits)shalt not be altered without the prior written approval of the issuing authority. .1) Access for maintenance,repair,andlor replacement of BMPs shall not be withheld,Any fencing c nstructed around stormwater BMPs shall include access gates and shall beat least six inches above grade to allow ffirwildlife passage. Special Conditions: Page 6 of 9 *ELECTRONIC COPY