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R <br /> resources of the Mashpee River, its waters have been J . <br /> Class B s assigned a � <br /> a status under �Massachusetts surface water quality , <br /> standards 314-C."MR-4 . Under this classification water quality is ®# f <br /> to be maintained for the protection and propagation of fish, . . <br /> mash pee Bay is recognized ' � <br /> k p y g ed for similar purposes. Criteria for M <br /> -y nutrients in both these classes state that nutrients shall not <br /> ,d exceed the site specific limits necessary to control accelerated + �' ► <br /> or cultural eutrophication. . .Should the subject monitoring <br /> program indicate excessive levels of nutrient n i�_ concentrations ions In <br /> any of the effluent discharge, groundwater or surface w E <br /> samples that affect the Mashpee Riverwater , <br /> or its associated estuarine ' <br /> _ area. . .The Applicant shall be required to improve within a <br /> reasonable time to the best management practice or best ' M <br /> g P t available <br /> technology, whichever combination will provide the highest level <br /> of sewage treatment at the level of age treatment at the <br /> sew ►'�' ' <br /> t <br /> Windchime Point Plant. unless the Windchime Sewage Treatment <br /> Plant i g `s proven as a non-contributor. Definition of water <br /> r , <br /> qua ity problems, discussion of best management practices, best Apt,available technology. . . solutions will be determined at a Planning <br /> Board Hearing to be held at its re secure the <br /> gist. To `it <br /> provisions of this Special Permit Agreement, the Applicant <br /> g ppl i cant agrees <br /> to post a performance bond in the form of a fund of one hundred <br /> twenty-f ' f <br /> ive thousand 4$12 5, ❑0 0 . 0 0) dollars payable to the Town of # <br /> is Mashpee to use expressly 1 for purposes improving y p p ses of improving the level of , <br /> sewage treatment facility at the Windchime Point Plant. This <br /> fund shall be established by the Applicant. . .The fund shall <br /> remain as a long term performance guarantee and is to■ � ■ be used <br /> only if the Applicant defaults in liability to improve the level <br /> .-# <br /> of s �� � P e l ,k <br /> sewage treatment. Attorney Butler and Applicant proposed, , <br /> 1,M posting a one hundred thousand ($100 000. 00) bond at the <br /> unit, referencing the five (5) parts per million or other x � <br /> P .. <br /> standard to be used to insure protection of the water alit of <br /> y q. <br /> the River area, should a problem arise concerning the technology <br /> ` of <br /> the plant. (To became a continuing requirement of the <br /> Association after completion of the project. ) <br /> In response to a question put b Patrick Coffey, Attorney <br /> � <br /> . Y y� y <br /> Butler proposed utilizing the DEP re $70, 000 . 00F P P g required for <br /> maintenance and repair; establish a $100, 000- 00 bond; or consider � { <br /> establishing a reserve fund in a lesser dollar amount that could be applied to the effluent piping issue should it become a <br /> reality, *, <br /> The Chairman suggested Applicant consider posting the <br /> s $125, 000 - 00 bond. After much discussion, the Chairman suggested .. <br /> a provision stating that prior ' <br /> r g p o to proceeding with construction of <br /> Phase IB, Applicant is to either post the $125, 000 .00 bond as <br /> R stated in the original permit or such other arrangement <br /> agreeable to the Planning Board. The Town Planner pointed out . � <br /> that the property owner is currently in violation of the Special <br /> Permit. Attorney Butler stated the sewer plant will be on line <br /> at the start of Phase I I, and suggested the requirement go r+ <br /> into effect at this point. The Board was in agreement with this ° <br /> suggestion. -13- <br /> ;n A <br /> P�I( <br />