A00861-610535.pdf

Massachusetts Department Of Transportation Highway Division Proposal No. 610535-134928

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DOCUMENT A00861

MASSACHUSETTS DEPARTMENT OF

ENVIRONMENTAL PROTECTION

ORDER OF CONDITIONS

Massachusetts Department Of Transportation Highway Division

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THIS PAGE INTENTIONALLY LEFT BLANK

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 – Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

349-1445 MassDEP File # eDEP Transaction # Worcester City/Town

A. General Information Please note:

this form has been modified with added space to accommodate the Registry of Deeds Requirements

Important:

When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key.

1. From: City of Worcester Conservation Commission

2. This issuance is for (check one): a. Order of Conditions b. Amended Order of Conditions

3. To: Applicant:

a. First Name b. Last Name Massachusetts Department of Transportation – Highway Division

c. Organization 10 Park Plaza, Room 7360

d. Mailing Address Boston

e. City/Town

MA

f. State

02116

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:

Pleasant Street (Route 122) Right-of-Way Paxton Town Line to South Olean Street

a. Street Address

Worcester

b. City/Town

c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 42d 16m 50.016s

d. Latitude -71d 52m 19.667s

e. Longitude

Docusign Envelope ID: 578A1EC6-9B53-4F14-9606-1B3B9D65926D

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WPA Form 5 – Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

349-1445 MassDEP File # eDEP Transaction #

Worcester City/Town

A. General Information (cont.)

6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel):

Worcester

a. County

b. Certificate Number (if registered land)

N/A

c. Book

N/A

d. Page

7. Dates: 03/04/2026

a. Date Notice of Intent Filed 04/13/2026

b. Date Public Hearing Closed

c. Date of Issuance

8. Final Approved Plans and Other Documents (attach additional plan or document references as needed):

Worcester Pleasant Street – Route 122 Construction Plans

a. Plan Title

b. Prepared By Said Yahya

c. Signed and Stamped by

03/23/2026

d. Final Revision Date

1” = 20’

e. Scale

NOI Application Materials Stormwater Report (revised)

f. Additional Plan or Document Title

03/04/2026 03/23/2026

g. Date

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. Private Water Supply e. Fisheries f. 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.

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04/24/2026

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WPA Form 5 – Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

349-1445 MassDEP File # eDEP Transaction # Worcester City/Town

B. Findings (cont.)

Denied because:

b. 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).

3. Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a)

0’

a. linear feet

Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)

Resource Area Proposed Alteration

Permitted Alteration

Proposed Replacement

Permitted 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 and Waterways

a. square feet b. square feet c. square feet d. square feet

e. c/y dredged f. c/y dredged

7. Bordering Land Subject to Flooding

8,257 (temp) 47 (permanent)

a. square feet

8,257 (temp) 47 (permanent)

b. square feet

8,304

c. square feet

8,304

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 (25’ - Worcester)

a. total sq. feet

b. total sq. feet

Sq ft within 25 ft 0

c. square feet

d. square feet

e. square feet

f. square feet

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WPA Form 5 – Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

349-1445 MassDEP File # eDEP Transaction # Worcester City/Town

B. Findings (cont.)

Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)

Proposed Alteration

Permitted Alteration

Proposed Replacement

Permitted Replacement

10. Designated Port Areas Indicate size under Land Under the Ocean, below

11. Land Under the Ocean a. square feet b. square feet

c. c/y dredged d. c/y dredged

12. Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below

13. Coastal Beaches a. square feet b. square feet cu yd

c. nourishment cu yd

d. nourishment

14. Coastal Dunes a. square feet b. square feet cu yd

c. nourishment cu yd

d. nourishment

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. 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

21. Land Subject to

Coastal Storm Flowage

a. square feet b. square feet

22. 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

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MassDEP File # eDEP Transaction #

Worcester City/Town

B. Findings (cont.)

* #23. If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c (BVW) or B.17.c (Salt Marsh) above, please enter the additional amount here.

23. Restoration/Enhancement *:

a. square feet of BVW

b. square feet of salt marsh

24. Stream Crossing(s):

a. number of new stream crossings

b. number of replacement stream crossings

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.

c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year.

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. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(f).

6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 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.

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WPA Form 5 – Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

349-1445 MassDEP File # eDEP Transaction # Worcester City/Town

C. General Conditions Under Massachusetts Wetlands Protection Act

8. 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.

9. 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.

10. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, “Massachusetts Department of Environmental Protection” [or, “MassDEP”]

“File Number 349-1445 ”

11. 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.

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 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.

16. 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.

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WPA Form 5 – Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

349-1445 MassDEP File # eDEP Transaction # Worcester City/Town

C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)

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 Order.

19. The work associated with this Order (the “Project”)

(1) is subject to the Massachusetts Stormwater Standards to the maximum extent practicable.

(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;

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;

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WPA Form 5 – Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

349-1445 MassDEP File # eDEP Transaction # Worcester City/Town

C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)

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.

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WPA Form 5 – Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

349-1445 MassDEP File # eDEP Transaction # Worcester City/Town

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.

l) 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 Attachment A.

20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department.

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MassDEP File # eDEP Transaction #

Worcester City/Town

D. Findings Under Municipal Wetlands Bylaw or Ordinance

1. Is a municipal wetlands bylaw or ordinance applicable? Yes No

2. The City of Worcester Conservation Commission hereby finds (check one that applies):

a. that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically:

City of Worcester Wetlands Protection Ordinance & Regulations

1. Municipal Ordinance or Bylaw

COW GRO

Part 1. Ch. 6.

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:

City of Worcester Wetlands Protection Ordinance & Regulations

1. Municipal Ordinance or Bylaw

COW GRO

Part 1. Ch. 6.

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 Attachment A.

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ATTACHMENT A

Worcester Conservation Commission

Special Order of Conditions City of Worcester Wetlands Protection Ordinance & City of Worcester Wetlands Protection Regulations

(City of Worcester Revised Ordinance Part I, Chapter 6) And

Massachusetts General Laws, Chapter 131, §40 - Massachusetts Wetlands Protection Act

Pleasant Street (Route 122) Right-of-Way (CC-2026-011 & DEP# 349-1445)

Project Description: Roadway resurfacing and restriping, stormwater management improvements, installation of bike lanes, accessible sidewalks, and related sitework.

Findings/Waivers:

• This work is approved as a Limited Project pursuant to 310 CMR 10.53(3)(f).

• This Order of Conditions confirms the wetland boundaries shown on the approved plans solely for the purposes of this project.

Table of Contents:

I. Conditions to Meet Prior to the Start of Any Activity II. Stormwater Management System III. Conditions to Meet During Construction IV. Conditions to Meet at Completion of Project V. General Conditions

Notes:

• Office of the Commission is located at the Division of Planning and Regulatory Services (455

Main Street 4th floor, Worcester, MA), which can be contacted by e-mailing planning@worcesterma.gov or calling 508-799-1400 ext. 31440.

• Asterisked (*) conditions are standard conditions of approval for all projects.

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Proposal No. 610535-134928

A00861 - 13 mailto:planning@worcesterma.gov

I. Conditions to Meet Prior to the Start of Any Activity

21. Person Responsible for Compliance with the Order of Conditions* – A person shall be designated to be responsible to monitor compliance with the Order of Conditions. Their name and contact information (24/7) shall be provided to the Office of the Commission prior to start of any activity.

22. Notification* - The applicant shall notify the Office of the Commission a minimum of 48 hours prior to the start of any activity.

23. Erosion & Sedimentation Control Installation* – Prior to any other site work, erosion & sedimentation controls shall be installed, by survey, as depicted on the plan approved by the Commission. If removal of vegetation is absolutely necessary for the installation of erosion & sedimentation controls, it may be allowed prior to said installation with the explicit permission of the Commission or its Agents. Following the installation of erosion controls, the Office of the Commission shall be contacted to conduct an inspection.

24. Pre-Construction Conference* - The Conservation Commission or its Agents shall conduct a pre-construction conference prior to commencement of activities in each phase of the project. Phasing, if any, shall conform to the approved plans.

25. Stormwater Pollution Prevention Plan (SWPPP) – A PDF copy of the SWPPP submitted to the EPA in compliance with the NPDES permit requirements, if applicable, shall be provided to the Office of the Commission prior to commencement of work. The contact information for the SWPPP inspector as well as evidence of their status as a Qualified Person to conduct inspections under Part 4 of the Construction General Permit (i.e. a certificate of completion of the NPDES Construction Inspection Training Course) shall also be provided.

II. Stormwater Management System

26. Stormwater Management System Maintenance – The stormwater management system shall be maintained in accordance with the approved design plans and Operation and Maintenance Plan on file with the Office of the Commission. The system shall be maintained in good hydraulic condition (e.g. any accumulated silt/sediment shall be removed; the system shall be kept free of any litter, refuse, or other extraneous matter, etc.).

Maintenance records from the past three (3) years shall be made available to the Commission upon request.

This condition shall extend in perpetuity beyond the issuance of the Certificate of Compliance.

III. Conditions to Meet During Construction

27. Limit of Work* – No removal, filling, dredging or altering of jurisdictional areas shall take place outside the approved work under this Order of Condition.

28. Work Sequencing* – Activities shall take place in accordance with all phasing and sequencing shown on the plan and/or provided in the application materials on file with the Office of the Commission and shall follow any lot opening restrictions otherwise provided herein.

29. Erosion & Sedimentation Control* -

a) Erosion and Sediment Controls* - All erosion and sediment controls shall be monitored, maintained, and adjusted for the duration of the project to prevent adverse impacts to jurisdictional areas. Additional erosion and sediment controls may be utilized on site as needed.

b) Off Site Impacts* - There shall be no off-site erosion, flooding, ponding, or flood-related damage from runoff caused by the project activities.

c) Soil Stabilization* - During construction, any area of exposed soils that will be left idle for more than 30 days shall be seeded with annual rye grass to prevent erosion or stabilized by other seasonally appropriate methods acceptable to the Commission or its Agents.

d) Slopes*- Slopes shall not exceed those specified in the plans approved by the Conservation Commission.

Any slope equal to or greater than 40% (2.5:1) shall be stabilized with biodegradable erosion control matting. Slopes shall be seeded or stabilized per the method described approved plans within 10 days of the completion of grading.

e) Stockpiles* - Any stockpiling of loose materials shall be properly stabilized to prevent erosion into and sedimentation of jurisdictional areas. Preventative controls such as straw wattles or erosion control matting shall be implemented to prevent such an occurrence. Stockpiles should be located as depicted on the approved plan or no closer than 50 feet to any wetland or storm drain inlet.

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30. Invasive Vegetation* – The goal of this condition is to keep jurisdictional areas free of all invasive species as identified in the Massachusetts Prohibited Plant List, published by the Massachusetts Department of Agricultural Resources, to protect the interest of wildlife habitat. The applicant shall be responsible for ensuring that imported materials are free of invasive vegetation. If invasive vegetation is observed to emerge within a jurisdictional area disturbed by the project, the applicant shall prepare and implement an invasive management plan acceptable to the Commission.

31. Dust Control - Provisions for dust control shall be provided during all construction and demolition activities.

Such provisions shall be conducted in compliance with all City of Worcester Water Use Restrictions, if in effect, during such activities.

32. Dewatering – If dewatering is required,

a) Notice of such activities shall be given to the Office of the Commission within 24 hours of commencement;

b) There shall be no discharge of untreated dewatered stormwater or groundwater to jurisdictional areas either by direct or indirect discharge to existing drainage systems;

c) Any discharge to surface waters or drainage structures must be visibly free of sediment;

d) To the maximum extent practicable, proposed dewatering activities should be located outside of the 100’ buffer. If such activities must be located within the 100’ buffer, they shall be monitored at all times when the pumps are running;

e) Dewatering activities shall be confined within an area of secondary containment at all times.

33. Cement Truck Washing - Cement trucks shall not discharge washout effluent directly to any resource area, the 100’ buffer zone, or into any drainage system. Designated washout areas shall be located out of the 100’ buffer zone to any wetland.

34. Spill Prevention - No fuel, oil, or other pollutants shall be stored in any resource area or the 100’ buffer zone.

Refueling shall take place outside of the 100’ buffer zone. The applicant shall take all necessary precautions to prevent discharge or spillage of fuel, oil or other pollutants onto any part of the site. A spill kit shall be present on site at all times.

IV. Conditions to Meet at Completion of Project

35. Site Stabilization* - All disturbed areas shall be properly stabilized with well-established perennial vegetation or other approved methods before the project is considered complete.

36. Erosion and Sediment Control Removal* - Erosion and sediment controls shall not be removed from the site until all disturbed areas have been stabilized with final vegetative cover and approval has been received from the Commission or its Agents to do so. The controls must then be removed within two weeks of receipt of that certification.

37. Certificate of Compliance* - Upon completion of the project, the applicant shall request in writing a Certificate of Compliance from the Commission. If the project has been completed in accordance with plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor, certification must include a written statement by such professional certifying the same.

38. Ongoing Conditions – Condition number 26 shall extend beyond the Certificate of Compliance, in perpetuity.

V. General Conditions

39. Applicability of General Conditions – The General Conditions Under the Massachusetts Wetlands Protection Act (#1-20) listed in Section C of this Order of Conditions shall also apply under the City of Worcester Wetlands Protection Ordinance.

40. Change in Ownership* - If a change in ownership takes place while this Order is still in effect, the original owner shall make the new owner aware of the Order of Conditions and shall provide a copy to the new owner.

It is the responsibility of the new owner to notify the Commission of the change and to provide the name of the person responsible for compliance with the Order.

41. Conservation Agent’s Power to Act* - With respect to all conditions, except _____, the Conservation Commission designates the Conservation Agent, as its Agent with full powers to act on its behalf in

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A00861 - 15 administering and enforcing this Order, unless the Agent determines approval from the Commission is appropriate.

42. Changes to the Plan or Errors & Omissions* -

(a) If any plan, calculation, or other data presented to the Office of the Commission is in error or have omissions, and are deemed significant by the Commissioners or their Agents, all work will stop at the discretion of the Commission, until the discrepancies have been rectified to the Commission’s satisfaction.

(b) The applicant must notify the Commission in writing of any changes in the plans or implementation of the proposed activity where mandated by any local, state, or federal agencies having jurisdiction over the proposed activity. If, in the opinion of the Commission, any changes in the plans or implementation of the proposed activity so require, then the Commission may modify, amend or rescind this Order in a way consistent with:

• M.G.L. Chapter 131, Section 40,

• 310 CMR 10.00, Wetlands Protection,

• the City of Worcester’s Wetlands Protection Ordinance, and

• the Commission’s Wetlands Protection Regulations

If any provisions of any conditions, or application thereof is held to be invalid, such invalidity shall not affect any other provisions of this Order. If the Commission deems that a proposed change is major or substantial, a new hearing may be required.

43. Liability* - The applicant shall indemnify and save harmless the Commonwealth, the City of Worcester, the Conservation Commission, and its Agents against all sites, claims or liabilities of every name and nature arising at any time out of or in consequence of the acts of the Commission or its Agents in the performance of the work covered by this Order and/or failure to comply with the terms and conditions or this Order whether by itself or its employees or subcontractors.

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WPA Form 5 – Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

349-1445 MassDEP File # eDEP Transaction # Worcester City/Town

E. Signatures This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance.

1. Date of Issuance

Please indicate the number of members who will sign this form.

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.

The names typed below represent the intent to sign the foregoing document in accordance with MGL Chapter 110G §9 Duly authorized by Ch.110G and recorded at Worcester Registry of Deeds in Book 62537 Page 329.

Signature Devin Canton Printed Name

Signature Diane Fratoni Printed Name

Signature Stuart Kirshner Printed Name

Signature Lindsay Nystrom Printed Name

Signature Printed Name

Signature Printed Name

Signature Printed Name by hand delivery on by certified mail, return receipt requested, on

Date

Date

Docusign Envelope ID: 578A1EC6-9B53-4F14-9606-1B3B9D65926D

04/24/2026

04/24/2026

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WPA Form 5 – Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

349-1445 MassDEP File # eDEP Transaction # Worcester City/Town

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 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 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.

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WPA Form 5 – Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

349-1445 MassDEP File # eDEP Transaction # Worcester City/Town

G. Recording Information

Prior to commencement of work, 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.

Conservation Commission

Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.

To:

Conservation Commission

Please be advised that the Order of Conditions for the Project at:

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 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

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Request for Departmental Action Fee Transmittal Form

DEP File Number:

Provided by DEP

A. Request Information

1. Location of Project

a. Street Address b. City/Town, Zip

c. Check number d. Fee amount Important:

When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key.

2. Person or party making request (if appropriate, name the citizen group’s representative):

Name

Mailing Address

City/Town State Zip Code

Phone Number Fax Number (if applicable)

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 Non-Significance (Form 6)):

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

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A00861 - 20

Request for Departmental Action Fee Transmittal Form

DEP File Number:

Provided by DEP

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 https://www.mass.gov/service-details/massdep-regional-offices-by-community).

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.

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Proposal No. 610535-134928

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