Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Regulations for All Wetlands › Section 10.14 - Restoration Order of Conditions

Current through Register 1525, July 5, 2024
If after reviewing a Notice of Intent for an Ecological
				  Restoration Project, the issuing authority determines that the Ecological
				  Restoration Project meets the eligibility criteria in
				  310 CMR
				  10.13(1)  and the applicable
				  provisions of
				  310 CMR
				  10.13(2) through (7), the
				  issuing authority shall issue a Restoration Order of Conditions that contains
				  the general conditions set forth in 310 CMR 10.14(1), and all applicable
				  special conditions set forth in 310 CMR 10.14(2) through (7). The Restoration
				  Order of Conditions may reference the plans and specifications for the
				  Ecological Restoration Project approved by the issuing authority. If the
				  Restoration Order of Conditions is issued in response to a Combined Application
				  for an Order of Conditions pursuant to
				  310 CMR
				  10.00, a 401 Water Quality Certification pursuant to
				  314 CMR 9.00: 401 Water
				  Quality Certification for Discharge of Dredged or Fill Material, Dredging, and
				  Dredged Material Disposal in Waters of the United States Within the
				  Commonwealth, and/or a Chapter 91 license, permit or other written approval
				  pursuant to
				  310 CMR
				  9.00: Waterways, the Department may append to the
				  Restoration Order of Conditions any conditions that the Department has
				  authority to impose pursuant to
				  310 CMR
				  9.00: Waterways and/or
				  314 CMR 9.00: 401 Water
				  Quality Certification for Discharge of Dredged or Fill Material, Dredging, and
				  Dredged Material Disposal in Waters of the United States Within the
				  Commonwealth. A Restoration Project Order of Conditions is subject to the
				  provisions of
				  310 CMR 10.05 that
				  apply to any Order of Conditions except as expressly provided otherwise in
				  310 CMR
				  10.00.
(1)
General Conditions Applicable to all Ecological Restoration
				Projects
. The Restoration Order of Conditions shall contain the
				following general conditions:
(a) 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 Conditions.
(b) This Restoration Order of Conditions does
				not grant any property rights or any exclusive privileges; it does not
				authorize any injury to private property or invasion of private
				rights.
(c) This Restoration Order
				of Conditions does not relieve the permittee or any other person of the
				necessity of complying with all applicable federal, state or local statutes,
				ordinances, bylaws or regulations.
(d) The work authorized under this
				Restoration Order of Conditions shall be completed within three years from the
				date of issuance of this General Order unless the General Order is extended in
				accordance with
				310 CMR 10.05(6)(d)
				 or by operation of law.
(e) This Restoration Order of Conditions may
				be extended by the issuing authority for one or more periods of up to three
				years upon application to the issuing authority at least 30 days prior to the
				expiration date of this Restoration Order.
(f) 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, trees, ashes, refrigerators, motor vehicles or parts of
				any of the foregoing.
(g) This
				Restoration Order of Conditions 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.
(h) No work shall be
				undertaken until the Restoration Order of Conditions has become final and 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 to the affected property.
				In the case of recorded land, the Final Restoration Order of Conditions 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 done. The recording information shall
				be submitted to the Issuing Authority prior to commencement of the
				work.
(i) A sign that is not less
				than two square feet or more than three square feet shall be displayed at the
				site. The sign shall bear the words "Massachusetts Department of Environmental
				Protection" and include the File Number.
(j) Where the Department is requested to
				issue a Superseding Order, the Conservation Commission shall be a party to all
				agency proceedings and hearings before the Department.
(k) Upon completion of the work described
				herein, the applicant shall submit a Request for a Certificate of Compliance to
				the issuing authority.
(l) The work
				shall conform to the plans and special conditions referenced in this
				Restoration Order of Conditions.
(m) Any change to the plans approved in this
				Restoration Order of Conditions shall require the applicant to inquire of the
				Issuing Authority in writing whether the change is significant enough to
				require the filing of a new Notice of Intent.
(n) Representatives 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 of Conditions
				at reasonable hours to evaluate compliance with the conditions set forth in
				this Restoration Order of Conditions and may require the submittal of any data
				deemed necessary by the Conservation Commission or the Department for that
				evaluation.
(o) This Restoration
				Order of Conditions shall apply to any successor in interest or successor in
				control of the property subject to this Restoration Order of Conditions and to
				any contractor or other person performing work conditioned by this
				Order.
(p) Prior to the start of
				work, and if the project involves work adjacent to a Bordering Vegetated
				Wetland or Salt Marsh, 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 issuing authority.
(q) All sedimentation barriers shall be
				maintained in good repair, until all disturbed areas have been fully stabilized
				with vegetation or other means. During construction, the applicant or his or
				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 issuing authority. The Issuing Authority reserves the right to require any
				additional erosion and/or damage prevention controls it deems necessary.
				Sedimentation barriers shall serve as the limit of work unless another limit of
				work line has been approved by this Order.
(r) 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) through
				(5).
(s) The applicant shall implement the plan
				submitted with the Notice of Intent as approved by the Issuing Authority to
				prevent and control invasive species.
(t) 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.
(u) 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.