The URL can be used to link to this page

Home My WebLink AboutSE83-2142 Perera Pond NOINotice of Intent Application Perera Pond Aquatic Management Program Yarmouth, MA February 2018 Prepared for. Mr. Ronald Perera 114 Wharf Lane Yarmouth, MA 02675 Prepared b SOLitude Lake Management 590 Lake Street Shrewsbury, MA 01545 SOLITUDE LAKE MANAGEMENT TABLE OF CONTENTS ♦ NOI Application Form ■ Wetlands Protection Act Form 3 ■ Appendix A: Ecological Restoration Limited Project Checklists ♦ NOI Wetland Fee Transmittal Form ♦ ATTACHMENT A — Abutter Notification Environmental Monitor Affidavit of Service Abutters Notice Abutters Lists ♦ ATTACHMENT B - Project Description 1.0 Introduction......................................................................................................... 1 2.0 Problem Statement........................................................................................... 1 3.0 Site Description.................................................................................................. 1 4.0 Existing Conditions............................................................................................ 2 5.0 In -Lake Management Recommendations...................................................... 2 5.1 Program Overview 5.2 Proposed Products 5.3 Monitoring 6.0 Alternatives Analysis........................................................................................ 8 7.0 Compliance........................................................................................................ 9 8.0 Impacts of the Proposed Management Plan Specific to the Wetlands ProtectionAct..................................................................................................10 ♦ ATTACHMENT C — Figures ■ Figure 1: Site Locus ■ Figure 2: Vegetation Assemblage & Survey Points ■ Figure 3: Natural Heritage & Endangered Species Program Habitats ■ Figure 4: FEMA National Flood Hazard Areas ♦ ATTACHMENT D — Herbicide/Algaecide Information Massachusetts Department of Environmental Protection Provided by MassDEP Bureau of Resource Protection - Wetlands MassDEP File Nu WPA Form 3 — Notice of Intent Document Transa Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town Important: A. General Information When filling out forms on the computer, use 1. Project Location (Note: electronic filers will click on button to locate project site): only the tab key to move your 114 Wharf Lane Yarmouth 0 use the return urn 2 cursor - not a. Street Address b. City/Town C. key. 41.70941-70.25759 Latitude and Longitude: d. Latitude e. Longitud rah 130 6 f. Assessors Map/Plat Number g. Parcel /Lot Number 2. Applicant: Ronald Perera a. First Name b. Last Name Note: mber ction Number 675 Zip Code e Before c. Organization completing this form 114 Wharf Lane consult your local d. Street Address Conservation Yarmouth MA 02675 Commission e. City/Town f. State g. Zip Code regarding any municipal bylaw 508-362-6937 rperera@comcast.net or ordinance. h. Phone Number i. Fax Number j. Email Address 3. Property owner (required if different from applicant): ❑ Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Matthew Salem a. First Name b. Last Name SOLitude Lake Management c. Company 590 Lake Street d. Street Address Shrewsbury MA 01545 e. City/Town f. State g. Zip Code 508-865-1000 msalem@solitudelake.com h. Phone Number i. Fax Number j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $110.00 $42.50 $67.50 a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform3.doc • rev. 6/28/2016 Page 1 of 9 u Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town A. General Information (continued) 6. General Project Description: The applicant is seeking an OOC for an Aquatic Management Program at Pereira Pond to control nuisance and non-native plant and algae growth utilizing bacterial augmentation and treatment with USEPA/MA State registered aquatic herbicides, algaecides, and other BMP's (see Attachment B - Project Description) 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. ■❑ Single Family Home 2. ❑ Residential Subdivision 3. ❑ Commercial/Industrial 4. ❑ Dock/Pier 5. ❑ Utilities 6. ❑ Coastal engineering Structure 7. ❑ Agriculture (e.g., cranberries, forestry) 8. ❑ Transportation 9. ❑ Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. ❑■ Yes ❑ No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 310 CMR 10.24(8)(e)(3) Controlling non-native vegetation and improving the natural capacity of a resource area to protect the interests of the WPA 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County 1388 c. Book b. Certificate # (if registered land) 041 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ❑ Buffer Zone Only — Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ■❑ Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 6/28/2016 Page 2 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Resource Area a. ❑ Bank For all projects affecting other b. ❑ Bordering Vegetated Resource Areas, Wetland please attach a narrative c. ❑■ Land Under explaining how Waterbodies and the resource Waterways area was delineated. Resource Area d. ❑ Bordering Land Subject to Flooding e. ❑ Isolated Land Subject to Flooding Size of Proposed Alteration 1. linear feet 1. square feet 21780 1. square feet 3. cubic yards dredged Size of Proposed Alteration 1. square feet 3. cubic feet of flood storage lost 1. square feet 2. cubic feet of flood storage lost Proposed Replacement (if any) 2. linear feet 2. square feet 2. square feet Proposed Replacement (if any) 2. square feet 4. cubic feet replaced 3. cubic feet replaced f. ❑ Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. -New agricultural projects only ❑ 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: 4. Proposed alteration of the Riverfront Area: square feet a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes ❑ No 6. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes ❑ No 3. ❑■ Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section 113.21 above. wpaform3.doc • rev. 6/28/2016 Page 3 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP -- Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement (if any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on your receipt page) b. ❑ Land Under the Ocean 1. square feet with all supplementary information you 2. cubic yards dredged submit to the Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. ❑ Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. ❑ Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. ❑ Coastal Banks 1.linear feet g. ❑ Rocky Intertidal Shores 1. square feet h. ❑ Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. ❑ Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. ❑ Land Containing Shellfish 1. square feet k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged I. ■❑ Land Subject to 21780 Coastal Storm Flowage 1. square feet 4. ❑ Restoration/Enhancement 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.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. ❑ Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 6/28/2016 Page 4 of 9 Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Other Applicable Standards and Requirements Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town ❑■ This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists — Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State -Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to htty//maps.massais.state.ma.us/PRI EST HAB/viewer.htm. a. ❑ Yes ❑ No b. Date of map If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section CA.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review* 1. ❑ Percentage/acreage of property to be altered: (a) within wetland Resource Area (b) outside Resource Area percentage/acreage percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site 2. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ** (a) ❑ Project description (including description of impacts outside of wetland resource area & buffer zone) (b) ❑ Photographs representative of the site * Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see http://www.mass.gov/eea/agencies/dfq/dfw/natural-heritage/regulatory-review/). Priority Habitat includes habitat for state -listed plants and strictly upland species not protected by the Wetlands Protection Act. ** MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 6/28/2016 Page 5 of 9 Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont'd) (c) ❑ MESA filing fee (fee information available at http://www.mass.gov/dfwele/dfw/nhesp/reguIatory review/mesa/mesa fee schedule.htm). Make check payable to "Commonwealth of Massachusetts - NHESP" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) ❑ Vegetation cover type map of site (e) ❑ Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. ❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/reguIatory review/mesa/mesa exemptions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. ❑ Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. ❑ Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. ❑ Not applicable — project is in inland resource area only b. ❑ Yes ❑ No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 1213 Purchase Street — 3rd Floor New Bedford, MA 02740-6694 Email: DMF.EnvReview-South(aD_state.ma.us North Shore - Hull to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: DMF.EnvReview-North(ostate.ma.us Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. wpaform3.doc • rev. 6/28/2016 Page 6 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: -- Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town C. Other Applicable Standards and Requirements (cont'd) 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online Users: a. ❑ Yes ❑ No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b. ACEC number (provided on your 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water receipt page) (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? with all supplementary a. ❑ Yes ❑ No information you submit to the 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. ❑ Yes ❑ No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. ❑ Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. ❑ A portion of the site constitutes redevelopment 3. ❑ Proprietary BMPs are included in the Stormwater Management System. b. ❑ No. Check why the project is exempt: 1. ❑ Single-family house 2. ❑ Emergency road repair 3. ❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi -family housing project) with no discharge to Critical Areas. D. Additional Information ■❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent — Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. ❑ USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. ❑ Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 6/28/2016 Page 7 of 9 u Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town D. Additional Information (cont'd) 3. ❑ Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), andattach documentation of the methodology. 4. ❑ List the titles and dates for all plans and other materials submitted with this NOI. Attachment B - Project Description & Attachment C - Figures a. Plan Title b. Prepared By d. Final Revision Date c. Signed and Stamped by e. Scale f. Additional Plan or Document Title g. Date 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. Attach NOI Wetland Fee Transmittal Form Attach Stormwater Report, if needed. E. Fees 1. ❑ Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: #10490 1 /22/18 2. Municipal Check Number 3. Check date #10489 1 /22/18 4. State Check Number 5. Check date SOLitude Lake Management 6. Payor name on check: First Name 7. Payor name on check: Last Name wpaform3.doc • rev. 6/28/2016 Page 8 of 9 Massachusetts Department of Environmental Protection Provided by Massol=P: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Document transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth oltyrrown F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applltant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.t__ c.131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. 5. ignatur epresentative (if any} C�4 i,-u I L 2. Rate 4_ Rate 5. Oate For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the cityltown fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NO] Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaformIdoc • rev. 61281201 B Page 9 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: -- Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Appendix A: Ecological Restoration Limited Document Transaction Number Project Checklists Yarmouth Pro J City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Eligibility Checklist This Ecological Restoration Limited Project Eligibility Checklist guides the applicant in determining if their project is eligible to file as an Inland or Coastal Ecological Restoration Limited Project (310 CMR 10.53(4) or 310 CMR 10.24(8) respectively). These criteria must be met when submitting the Ecological Restoration Limited Project Notice of Intent to ensure that the restoration and improvement of the natural capacity of a Resource Area(s) to protect and sustain the interests identified in the WPA is necessary to achieve the project's ecological restoration goals. Important: When filling out Regulatory Features of All Coastal and Inland Ecological Restoration Limited Projects forms on the computer, use only the tab key (a) May result in the temporary or permanent loss of/or conversion of Resource Area: An Ecological to move your Restoration Limited Project that meets the requirements of 310 CMR 10.24(8) may result in the cursor - do not use the return temporary or permanent loss of Resource Areas and/or the conversion of one Resource Area to key. another when such loss is necessary to the achievement of the project's ecological restoration goals. r � U01.. (b) Exemption from wildlife habitat evaluation: A NOI for an Ecological Restoration Limited Project that meets the minimum requirements for Ecological Restoration Projects and for a MassDEP Combined Application outlined in 310 CMR 10.12(1) and (2) is exempt from providing a wildlife habitat evaluation (310 CMR 10.60). Note: (c) The following are considerations for applicants filing an Ecological Restoration Limited Project NOI Before and for the issuing authority approving a project as an Ecological Restoration Limited Project: completing this form consult your ■❑ The condition of existing and historic Resource Areas proposed for restoration. local Conservation ❑■ Evidence of the extent and severity of the impairment(s) that reduce the capacity of the Resource Commission Areas to protect and sustain the interests identified in M.G.L. c. 131, § 40. regarding any municipal bylaw or ordinance. OF The magnitude and significance of the benefits of the Ecological Restoration Project in improving the capacity of the affected Resource Areas to protect and sustain the other interests identified in M.G.L. c. 131, § 40. ❑■ The magnitude and significance of the impacts of the Ecological Restoration Project on existing Resource Areas that may be modified, converted and/or lost and the interests for which said Resource Areas are presumed significant in 310 CMR 10.00, and the extent to which the project will: a. avoid adverse impacts to Resource Areas and the interests identified in M.G.L. c. 131, § 40, that can be avoided without impeding the achievement of the project's ecological restoration goals. b. minimize adverse impacts to Resource Areas and the interests identified in M.G.L. c. 131, § 40, that are necessary to the achievement of the project's ecological restoration goals. c. utilize best management practices such as erosion and siltation controls and proper construction sequencing to avoid and minimize adverse construction impacts to resource areas and the interests identified in M.G.L. c. 131, § 40. noiappa.doc • rev 3/10/2016 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 1 of 16 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Eligibility Criteria - Coastal Ecological Restoration Limited Projects (310 CMR 10.24(8)) Complete this Eligibility Criteria Checklist before filling out a Notice of Intent Application to determine if your project qualifies as a Coastal Ecological Restoration Limited Project. (310 CMR 10.24(8)) Sign the Eligibility Certification at the end of Appendix A, and attach the checklist with supporting documentation and the Eligibility Certification to your Notice of Intent Application. General Eligibility Criteria for All Coastal Ecological Restoration Limited Projects Notwithstanding the requirements of 310 CMR 10.25 through 10.35, 310 CMR 10.54 through 10.58, and the Wildlife Habitat evaluations in 310 CMR 10.60, the Issuing Authority may issue an Order of Conditions permitting an Ecological Restoration Project listed in 310 CMR 10.24(8)(e) as an Ecological Restoration Limited Project and impose such conditions as will contribute to the interests identified in the WPA M.G.L. provided that the project meets all the requirements in 310 CMR 10.24 (8). ■❑ The project is an Ecological Restoration Project as defined in 310 CMR 10.04 and is a project type listed below [310 CMR 10.24(8)(e)]. ❑ Tidal Restoration. ❑ Shellfish Habitat Restoration. ❑ Other Ecological Restoration Limited Project Type. ■❑ The project will further at least one of the WPA (M.G.L. c. 131, § 40) interests identified below. ❑ Protection of public or private water supply. ❑ Protection of ground water supply. ❑ Flood control. ❑ Storm damage prevention. ❑ Prevention of pollution. ❑ Protection of land containing shellfish. ■❑ Protection of fisheries. ■❑ Protection of wildlife habitat. ❑ If the project will impact an area located within estimated habitat which is indicated on the most recent Estimated Habitat Map of State -Listed Rare Wetlands, a NHESP preliminary written determination is attached to the NOI submittal that the project will not have any adverse long-term and short-term effects on specified habitat sites of Rare Species or the project will be carried out in accordance with an approved NHESP habitat management plan. noiappa.doc • rev 3/10/2016 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 2 of 16 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Eligibility Criteria - Coastal Ecological Restoration Limited Projects (310 CMR 10.24(8)) (Cont.) General Eligibility Criteria for All Coastal Ecological Restoration Limited Projects (cont.) ❑ If the project is located in a Coastal Dune or Barrier Beach, the project avoids and minimizes armoring of the Coastal Dune or Barrier Beach to the maximum extent practicable. ■❑ The project complies with all applicable provisions of 310 CMR 10.24(1) through (6) and 310 CMR 10.24(9) and (10). Additional Eligibility Criteria for Specific Coastal Ecological Restoration Limited Project Types These additional criteria must be met to qualify as an Ecological Restoration Limited Project to ensure that the restoration and improvement of the natural capacity of a Resource Area to protect and sustain the interests identified in the WPA is necessary to achieve the project's ecological restoration goals. ■❑ This Ecological Restoration Limited Project application meets the eligibility criteria for Ecological Restoration Limited Project [310 CMR 10.24(8)(a) through (d) and as proposed, furthers at least one of the WPA interests is for the project type identified below. ❑ Tidal Restoration Projects ❑ A project to restore tidal flow that will not significantly increase flooding or storm damage impacts to the built environment, including without limitation, buildings, wells, septic systems, roads or other man-made structures or infrastructure. ❑ Shellfish Habitat Restoration Projects ❑ The project has received a Special Projects Permit from the Division of Marine Fisheries or, if a municipality, has received a shellfish propagation permit. ❑ The project is made of cultch (e.g., shellfish shells from oyster, surf or ocean clam) or is a structure manufactured specifically for shellfish enhancement (e.g., reef blocks, reef balls, racks, floats, rafts, suspended gear). ■❑ Other Ecological Restoration Projects that meet the criteria set forth in 310 CMR 10.24(8)(a) through (d). ❑ Restoration, enhancement, or management of Rare Species habitat. ❑ Restoration of hydrologic and habitat connectivity. ■❑ Removal of aquatic nuisance vegetation to impede eutrophication. ■❑ Thinning or planting of vegetation to improve habitat value. ❑ Fill removal and re -grading. ❑ Riparian corridor re -naturalization. ❑ River floodplain re -connection. noiappa.doc • rev 3/10/2016 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 3 of 16 u Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Provided by MassDEP: MassDEP File Number Document Transaction Number Appendix A: Ecological Restoration Limited Project Checklists Yarmouth Pro J City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Eligibility Criteria - Coastal Ecological Restoration Limited Projects (310 CMR 10.24(8)) (Cont.) Additional Eligibility Criteria for Specific Coastal Ecological Restoration Limited Project Types ❑ In -stream habitat enhancement. ❑ Remediation of historic tidal wetland ditching. ❑ Eelgrass restoration. ■❑ Invasive species management. ❑ Installation of fish passage structures. ❑ Other. Describe: ❑ This project involves the construction, repair, replacement or expansion of public or private infrastructure (310 CMR 10.24(9). ❑ The NOI attachment labeled is an operation and maintenance plan to ensure that the infrastructure will continue to function as designed. ❑ The operation and maintenance plan will be implemented as a continuing condition in the Order of Conditions and the Certificate of Compliance. ❑ This project proposes to replace an existing stream crossing (310 CMR 10.24(10). The crossing complies with the Massachusetts Stream Crossing Standards to the maximum extent practicable with details provided in the NOI. The crossing type: ❑ Replaces an existing non -tidal crossing that is part of an Anadromous/Catadromous Fish Run (310 CMR 10.35) ❑ Replaces an existing tidal crossing that restricts tidal flow. The tidal restriction will be eliminated to the maximum extent practicable. ❑ At a minimum, in evaluating the potential to comply with the standards to the maximum extent practicable the following criteria have been consider site constraints in meeting the standard, undesirable effects or risk in meeting the standard, and the environmental benefit of meeting the standard compared to the cost, by evaluating the following: ❑ The potential for downstream flooding; ❑ Upstream and downstream habitat (in -stream habitat, wetlands); ❑ Potential for erosion and head -cutting; ❑ Stream stability; ❑ Habitat fragmentation caused by the crossing; ❑ The amount of stream mileage made accessible by the improvements; ❑ Storm flow conveyance; noiappa.doc • rev 3/10/2016 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 4 of 16 u Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Provided by MassDEP: MassDEP File Number Document Transaction Number Appendix A: Ecological Restoration Limited Project Checklists Yarmouth Pro J City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Eligibility Criteria - Coastal Ecological Restoration Limited Projects (310 CMR 10.24(8)) (Cont.) Additional Eligibility Criteria for Specific Coastal Ecological Restoration Limited Project Types ❑ Engineering design constraints specific to the crossing; ❑ Hydrologic constraints specific to the crossing; ❑ Impacts to wetlands that would occur by improving the crossing; ❑ Potential to affect property and infrastructure; and ❑ Cost of replacement. Eligibility Criteria - Inland Ecological Restoration Limited Project (310 CMR 10.53(4)) Complete this Eligibility Criteria Checklist before filling out a Notice of Intent Application to determine if your project qualifies as an Inland Ecological Restoration Limited Project. (310 CMR 10.53(4)) Sign the Eligibility Certification at the end of Appendix A, and attach the checklist with supporting documentation and the Eligibility Certification to your Notice of Intent Application. General Eligibility Criteria for All Inland Ecological Restoration Limited Projects Notwithstanding the requirements of any other provision of 310 CMR 10.25 through 10.35, 310 CMR 10.54 through 10.58, and 310 CMR 10.60, the Issuing Authority may issue an Order of Conditions permitting an Ecological Restoration Project listed in 310 CMR 10.53(4)(e) as an Ecological Restoration Limited Project and impose such conditions as will contribute to the interests identified in M.G.L. c. 131, § 40, provided that: ❑ The project is an Ecological Restoration Project as defined in 310 CMR 10.04 and is a project type listed below [310 CMR 10.53(4)(e)]. ❑ Dam Removal ❑ Freshwater Stream Crossing Repair and Replacement ❑ Stream Daylighting ❑ Tidal Restoration ❑ Rare Species Habitat Restoration ❑ Restoring Fish Passageways ❑ Other (describe project type): noiappa.doc • rev 3/10/2016 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 5 of 16 u Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Provided by MassDEP: MassDEP File Number Document Transaction Number Appendix A: Ecological Restoration Limited Project Checklists Yarmouth Pro J City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Eligibility Criteria - Inland Ecological Restoration Limited Project (310 CMR 10.53(4)) (cont.) General Eligibility Criteria for All Inland Ecological Restoration Limited Projects ❑ The project will further at least one of the WPA (M.G.L. c. 131, § 40) interests identified below. ❑ Protection of public or private water supply ❑ Protection of ground water supply ❑ Flood control ❑ Storm damage prevention ❑ Prevention of pollution ❑ Protection of land containing shellfish ❑ Protection of fisheries ❑ Protection of wildlife habitat ❑ If the project will impact an area located within estimated habitat which is indicated on the most recent Estimated Habitat Map of State -Listed Rare Wetlands, a NHESP preliminary written determination is attached to the NOI submittal that the project will have no adverse long-term and short-term effects on specified habitat sites of Rare Species or the project will be carried out in accordance with an approved NHESP habitat management plan. ❑ The project will be carried out in accordance with any time of year restrictions or other conditions recommended by the Division of Marine Fisheries for coastal waters and the Division of Fisheries and Wildlife in accordance with 310 CMR 10.11(3). ❑ If the project involves the dredging of 100 cubic yards of sediment or more or dredging of any amount in an Outstanding Resource Water, a Water Quality Certification has been applied for or obtained. ❑ The project complies with all applicable provisions of 310 CMR 10.53(1), (2), (7), and (8). noiappa.doc • rev 3/10/2016 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 6 of 16 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Eligibility Criteria - Inland Ecological Restoration Limited Project (310 CMR 10.53(4)) (cont.) Additional Eligibility Criteria for Specific Inland Ecological Restoration Limited Project Types These additional criteria must be met to qualify as an Ecological Restoration Limited Project to ensure that the restoration and improvement of the natural capacity of a Resource Area to protect and sustain the interests identified in the WPA is necessary to achieve the project's ecological restoration goals. ❑ This project application meets the eligibility criteria for Ecological Restoration Limited Project in accordance with [310 CMR 10.53(4)(a) through (d) and as proposed, furthers at least one of the WPA interests is for the project type identified below: ❑ Dam Removal ❑ Project is consistent with MassDEP's 2007 Dam Removal Guidance. ❑ Freshwater Stream Crossing Repair and Replacement. The project as proposed and the NOI describes how: ❑ Meeting the eligibility criteria set forth in 310 CMR 10.13 would result in significant stream instability or flooding hazard that cannot otherwise be mitigated, and site constraints make it impossible to meet said criteria. ❑ The project design ensures that the stability of the bank is NOT impaired. ❑ To the maximum extent practicable, the project provides for the restoration of the stream upstream and downstream of the structure as needed to restore stream continuity and eliminate barriers to aquatic organism movement. ❑ The project complies with the requirements of 310 CMR 10.53(7) and (8). ❑ Stream Daylighting Projects ❑ The project meets the eligibility criteria for Ecological Restoration Limited Project [310 CMR 10.53(4)(a) through (d)] and as proposed the NOI describes how the proposed project meets to the maximum extent practicable, consistent with the project's ecological restoration goals, all the performance standards for Bank and Land Under Water Bodies and Waterways. ❑ The project meets the requirements of 310 CMR 10.12(1) and (2) and a wildlife habitat evaluation is not included in the NOI. ❑ Tidal Restoration Project ❑ Restores tidal flow. ❑ the project, including any proposed flood mitigation measures, will not significantly increase flooding or storm damage to the built environment, including without limitation, buildings, wells, septic systems, roads or other man-made structures or infrastructure. noiappa.doc • rev 3/10/2016 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 7 of 16 u Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Provided by MassDEP: MassDEP File Number Document Transaction Number Appendix A: Ecological Restoration Limited Project Checklists Yarmouth J City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Eligibility Criteria - Inland Ecological Restoration Limited Project (310 CMR 10.53(4)) (cont.) ❑ Other Ecological Restoration Projects that meet the criteria set forth in 310 CMR 10.53 (4) (a) through (d). ❑ Restoration, enhancement, or management of Rare Species habitat. ❑ Restoration of hydrologic and habitat connectivity. ❑ Removal of aquatic nuisance vegetation to impede eutrophication. ❑ Thinning or planting of vegetation to improve habitat value. ❑ Riparian corridor re -naturalization. ❑ River floodplain re -connection. ❑ In -stream habitat enhancement. ❑ Fill removal and re -grading. ❑ Flow restoration. ❑ Installation of fish passage structures. ❑ Invasive species management. ❑ Other. Describe: ❑ This project involves the construction, repair, replacement or expansion of public or private infrastructure. (310 CMR 10.53(7)) ❑ The NOI attachment labeled is an operation and maintenance plan to ensure that the infrastructure will continue to function as designed. ❑ The operation and maintenance plan will be implemented as a continuing condition in the Order of Conditions and the Certificate of Compliance. ❑ This project replaces an existing stream crossing (310 CMR 10.53(8)). The crossing type: ❑ Replaces an existing non -tidal crossing designed to comply with the Massachusetts Stream Crossing Standards to the maximum extent practicable with details provided in the NOI. ❑ Replaces an existing tidal crossing that restricts tidal flow. The tidal restriction will be eliminated to the maximum extent practicable. noiappa.doc • rev 3/10/2016 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 8 of 16 u Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Provided by MassDEP: MassDEP File Number Document Transaction Number Appendix A: Ecological Restoration Limited Project Checklists Yarmouth Pro J City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Eligibility Criteria - Inland Ecological Restoration Limited Project (310 CMR 10.53(4)) (cont.) ❑ At a minimum, in evaluating the potential to comply with the standards to the maximum extent practicable the following criteria have been consider site constraints in meeting the standard, undesirable effects or risk in meeting the standard, and the environmental benefit of meeting the standard compared to the cost, by evaluating the following: ❑ The potential for downstream flooding; ❑ Upstream and downstream habitat (in -stream habitat, wetlands); ❑ Potential for erosion and head -cutting; ❑ Stream stability; ❑ Habitat fragmentation caused by the crossing; ❑ The amount of stream mileage made accessible by the improvements; ❑ Storm flow conveyance; ❑ Engineering design constraints specific to the crossing; ❑ Hydrologic constraints specific to the crossing; ❑ Impacts to wetlands that would occur by improving the crossing; ❑ Potential to affect property and infrastructure; and ❑ Cost of replacement. noiappa.doc • rev 3/10/2016 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 9 of 16 Massachusetts Department of Environmental Protection Provided by MassDEP: -- Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Appendix A: Ecological Restoration Limited Project Checklists Yarmouth Pro J City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Required Actions (310 CMR 10.11) Complete the Required Actions before submitting a Notice of Intent Application for an Ecological Restoration Project and submit a completed copy of this Checklist with the Notice of Intent. ❑■ Massachusetts Environmental Policy Act (MEPA) / Environmental Monitor http://www.mass.gov/eea/agencies/mepa/submitting-notices-to-the-environmental-monitor. htmI For Ecological Restoration Limited Projects, there are no changes to MEPA requirements. ■❑ Submit written notification at least 14 days prior to the filing of a Notice of Intent (NOI) to the Environmental Monitor for publication. A copy of the written notification is attached and provides at minimum: ❑■ A brief description of the proposed project. ❑■ The anticipated NOI submission date to the conservation commission. ■❑ The name and address of the conservation commission that will review the NOI. ■❑ Specific details as to where copies of the NOI may be examined or acquired and where to obtain the date, time, and location of the public hearing. ❑ Massachusetts Endangered Species Act (MESA) /Wetlands Protection Act Review ❑ Preliminary Massachusetts Endangered Species Act Review from the Natural Heritage and Endangered Species Program (NHESP) has been met and the written determination is attached. ❑ Supplemental Information for Endangered Species Review has been submitted. 1. ❑ Percentage/acreage of property to be altered: a. Within Wetland Resource Area b. Outside Wetland Resource Area 2. ❑ Assessor's Map or right-of-way plan of site Percentage/acreage Percentage/acreage 3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work. 4. ❑ Project description (including description of impacts outside of wetland resource area & buffer zone) 5. ❑ Photographs representative of the site 6. ❑ MESA filing fee (fee information available at http://www.mass.gov/dfwele/dfw/nhesP/regulatory review/mesa/mesa fee schedule.htm) noiappa.doc • rev 3/10/2016 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 10 of 16 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Required Actions (310 CMR 10.11) (cont.) Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Make check payable to "Commonwealth of Massachusetts - NHESP" and mail to NHESP: Natural Heritage & Endangered Species Program MA Division of Fisheries & Wildlife 1 Rabbit Hill Road Westborough, MA 01581 7. Projects altering 10 or more acres of land, also submit: a. ❑ Vegetation cover type map of site b. ❑ Project plans showing Priority & Estimated Habitat boundaries OR Check One of the Following: 1. ❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www. mass.gov/eea/agencies/dfg/dfw/natural-heritage/regulatory-review/mass- endangered-species-act-mesa/; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59 — see C4 below) 2. ❑ Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. ❑ Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan. ❑ Estimated Habitat Map of State -Listed Rare Wetlands Wildlife If a portion of the proposed project is located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State -Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP), complete the portion below. To view habitat maps, see the Massachusetts Natural Heritage Atlas or view the maps electronically at: http://www.mass.gov/eea/agencies/dfq/dfw/natural-heritage/regulatory-review ❑ A preliminary written determination from Natural Heritage and Endangered Species Program (NHESP) must be obtained indicating that: ❑ Project will NOT have long- or short-term adverse effect on the actual Resource Area located within estimated habitat indicated on the most recent Estimated Habitat Map of State -Listed Rare Wetlands Wildlife published by NHESP. ❑ Project will have long- or short-term adverse effect on the actual Resource Area located within estimated habitat indicated on the most recent Estimated Habitat Map of State - Listed Rare Wetlands Wildlife published by NHESP. A copy of NHESP's written preliminary determination in accordance with 310 CMR 10.11(2) is attached. This specifies: ❑ Date of the map: noiappa.doc • rev 3/10/2016 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 11 of 16 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Required Actions (310 CMR 10.11) (cont.) Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town ❑ If the Rare Species identified is/are likely to continue to be located on or near the project, and if so, whether the Resource Area to be altered is in fact part of the habitat of the Rare Species. ❑ That if the project alters Resource Area(s) within the habitat of a Rare Species: ❑ The Rare Species is identified; ❑ NHESP's recommended changes or conditions necessary to ensure that the project will have no short or long term adverse effect on the habitat of the local population of the Rare Species is provided; or ❑ An approved NHESP habitat management plan is attached with this Notice of Intent. Send the request for a preliminary determination to: Natural Heritage & Endangered Species Program MA Division of Fisheries & Wildlife 1 Rabbit Hill Road Westborough, MA 01581 ❑ Division of Marine Fisheries ❑ If the project will occur within a coastal waterbody with a restricted Time of Year, [see Appendix B of the Division of Marine Fisheries (DMF) Technical Report TR 47 "Marine Fisheries Time of Year Restrictions (TOYs) for Coastal Alteration Projects" dated April 2011 http://www. nae. usace.army.miI/Portals/74/docs/regulatory/StateGeneralPermits/N EGP/MADMFTR -47.pdf]. ❑ Obtain a DMF written determination stating: ❑ The proposed work does NOT require a TOY restriction. ❑ The proposed work requires a TOY restriction. Specific recommended TOY restriction and recommended conditions on the proposed work is attached. ❑ If the project may affect a diadromous fish run [re: Division of Marine Fisheries (DMF) Technical Reports TR 15 through 18, dated 2004: http://www. mass.gov/eea/agencies/dfg/dmf/publications/technical.htm1] ❑ Obtain a DMF written determination stating: ❑ The design specifications and operational plan for the project are compatible with the passage requirements of the fish run. ❑ The design specifications and operational plan for the project are not compatible with the passage requirements of the fish run. noiappa.doc • rev 3/10/2016 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 12 of 16 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Required Actions (310 CMR 10.11) (cont.) Send the request for a written or electronic determination to: South Shore — Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries — South Coast Field Station Attn: Environmental Reviewer 1213 Purchase Street — 3rd Floor New Bedford, MA 02740-6694 Email: DMF.EnvReview-South(a)state.ma.us Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town North Shore — Hull to New Hampshire border: Division of Marine Fisheries — North Shore Field Station Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: DMF.EnvReview-North(cDstate.ma.us ❑ Division of Fisheries and Wildlife — http://www.mass.gov/eea/agencies/dfg/dfw/ ❑ Projects that involve silt -generating, in -water work that will impact a non -tidal perennial river or stream and the in -water work will not occur between May 1 and August 30. ❑ Obtain a written determination from the Division of Fisheries and Wildlife (DFW) as to whether the proposed work requires a TOY restriction. ❑ The proposed work does NOT require a TOY restriction. ❑ The proposed work requires a TOY restriction. The DFW determination with TOY restriction and other conditions is attached. ❑ MassDEP Water Quality Certification ❑ Project involves dredging of 100 cubic yards or more in a Resource Area or dredging of any amount in an Outstanding Resource Water (ORW). A copy and proof of the MassDEP Water Quality Certification pursuant to 314 CMR 9.00 is attached to the NOI. ❑ This project is a Combined Permit Application for 401 Dredging and Restoration (BRP WW 26). ❑ MassDEP Wetlands Restriction Order Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? ❑ Yes ❑ No ❑ Department of Conservation and Recreation Office of Dam Safety ❑ For Dam Removal Projects, obtain a written determination from the Department of Conservation and Recreation Office of Dam Safety that the dam is not subject to the jurisdiction of the Office under 302 CMR 10.00, a written determination that the dam removal does not require a permit under 302 CMR 10.00 or a permit authorizing the dam removal in accordance with 302 CMR 10.00 has been issued. noiappa.doc • rev 3/10/2016 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 13 of 16 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Required Actions (310 CMR 10.11) (cont.) Areas of Critical Environmental Concern (ACECs) Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? ❑ Yes ❑ No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Name of ACEC Minimum Required Documents (310 CMR 10.12) Complete the Required Documents Checklist below and provide supporting materials before submitting a Notice of Intent Application for an Ecological Restoration Project. ❑■ This Notice of Intent meets all applicable requirements outlined in for Ecological Restoration Projects in 310 CMR 10.12. Use the checklist below to insure that all documentation is included with the NOI. At a minimum, a Notice of Intent for an Ecological Restoration Project shall include the following: ■❑ Description of the project's ecological restoration goals; ■❑ The location of the Ecological Restoration Project; ❑ Description of the construction sequence for completing the project; ❑ A map of the Areas Subject to Protection Under M.G.L. c. 131, § 40, that will be temporarily or permanently altered by the project or include habitat for Rare Species, Habitat of Potential Regional and Statewide Importance, eel grass beds, or Shellfish Suitability Areas. ■❑ The method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.) is attached with documentation methodology. ■❑ List the titles and dates for all plans and other materials submitted with this NOI. Attachment B - Project Description & Attachment C - Figures a. Plan Title SOLitude Lake Management b. Prepared by c. Signed and Stamped by d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date ❑ If there is more than one property owner, attach a list of these property owners not listed on this form. ■❑ Attach NOI Wetland Fee Transmittal Form. noiappa.doc • rev 3/10/2016 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 14 of 16 Massachusetts Department of Environmental Protection Provided by MassDEP: -- Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Appendix A: Ecological Restoration Limited Project Checklists Yarmouth Pro J City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Minimum Required Documents (310 CMR 10.12) ❑ An evaluation of any flood impacts that may affect the built environment, including without limitation, buildings, wells, septic systems, roads or other man-made structures or infrastructure as well as any proposed flood impact mitigation measures; ■❑ A plan for invasive species prevention and control; ❑ The Natural Heritage and Endangered Species Program written determination in accordance with 310 CMR 10.11(2), if needed; ❑ Any Time of Year restrictions and/or other conditions recommended by the Division of Marine Fisheries or the Division of Fisheries and Wildlife in accordance with 310 CMR 10.11(3), (4), (5), if needed; ■❑ Proof that notice was published in the Environmental Monitor as required by 310 CMR 10.11(1; ■❑ A certification by the applicant under the penalties of perjury that the project meets the eligibility criteria set forth in 310 CMR 10.13; ❑ If the Ecological Restoration Project involves the construction, repair, replacement or expansion of infrastructure, an operation and maintenance plan to ensure that the infrastructure will continue to function as designed; ❑ If the project involves dredging of 100 cubic yards or more or dredging of any amount in an Outstanding Resource Water, a Water Quality Certification issued by the Department pursuant to 314 CMR 9.00; ❑ If the Ecological Restoration Project involves work on a stream crossing, information sufficient to make the showing required by 310 CMR 10.24(10) for work in a coastal resource area and 310 CMR 10.53(8) for work in an inland resource area; and ❑ If the Ecological Restoration Project involves work on a stream crossing, baseline photo -points that capture longitudinal views of the crossing inlet, the crossing outlet and the upstream and downstream channel beds during low flow conditions. The latitude and longitude coordinates of the photo -points shall be included in the baseline data. ❑ This project is subject to provisions of the MassDEP Stormwater Management Standards. A copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) is attached. ❑ Provide information as the whether the project has the potential to impact private water supply wells including agricultural or aquacultural wells or surface water withdrawal points. noiappa.doc • rev 3/10/2016 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 15 of 16 Massachusetts Department of Environmental Protection Provided byMassDEP: Li Bureau of Resource Protection - Wetlands MassDEPFileNumber WPA or — otice of Intent Document Transaction Number Appendix A: Ecological Restoration Limited (Project Checklists atyfTown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Certification that the Ecological Restoration Project Meets the Eligibility Criteria I hereby certify under penalties of perjury that the Ecological Restoration Project Notice of Intent application does not meet the Eligibility criteria for an Ecological Restoration Order of Conditions set forth in 310 CMR 10.13, but does meet the Eligibility Criteria for a Ecological Restoration Limited Project set forth in 10.24(8) or 10.53(4) whichever is applicable. I certify that 1 am familiar with the information contained in the application, and that to the best of my knowledge and belief such information is true, complete, and accurate. 1 further certify that I possess the authority to undertake the proposed activities _ Signature f6�Appficant or Authorized Agent MAZ!ZweZ J S,�aLCvuu-G,,, �`f �� d, �o Printed Name of Applicant or Authorized Agent Sd(;-� �, �� , ,�{— Date The certification must be signed by the applicant; however, it may be signed by a duly authorized agent (named in Item 2) if this form is accompanied by a statement by the applicant designating the agent and agreeing to furnish upon request, supplemental information in support of the application. noiappa.doc • rev 3/10/2016 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 16 of 16 Massachusetts Department of Environmental Protection - Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 114 Wharf Lane a. Street Address #10489 c. Check number 2. Applicant Mailing Address: Ronald a. First Name c. Organization 114 Wharf Lane d. Mailing Address Yarmouth e. City/Town 508-362-6937 h. Phone Number i. Fax Number 3. Property Owner (if different): Yarmouth b. City/Town $42.50 d. Fee amount Perera b. Last Name MA f. State rperera@comcast.net j. Email Address 02675 g. Zip Code a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate B. Fees filing fees, refer to the category fee list and Fee should be calculated using the following process & worksheet. Please see Instructions before examples in the filling out worksheet. instructions for filling out WPA Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Form 3 (Notice of Intent). Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection - Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number Step of Activities 3/Individual Activity Fee Cat. 1d - Resource Improvement 1 $110.00 Step 5/Total Project Fee: Step 6/Fee Payments: Total Project Fee: State share of filing Fee: City/Town share of filling Fee: C. Submittal Requirements Step 4/Subtotal Activity Fee $110.00 $110.00 $110.00 a. Total Fee from Step 5 $42.50 b. 1/2 Total Fee less $12.50 $67.50 c. 1/2 Total Fee plus $12.50 a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 ATTACHMENT A Abutter Notification To: The Environmental Monitor From: SOLitude Lake Management Date: January 18, 2018 Re: Notification of filing an NOI for Perera Pond Anticipated date of submission: February 15, 2018 The proposed project is seeking approval to initiate an Aquatic Management Program at Perera Pond in Yarmouth, MA. USEPA/State registered herbicides and/or algaecides will be applied to manage nuisance aquatic vegetation and algae to protect the interests of the Wetlands Protection Act by impeding eutrophication and improving habitat value. Reviewing Conservation Commission Us: Yarmouth Conservation Commission Town Hall 1 146 Route 28 South Yarmouth, MA 02664 Copies of the NOI may be examined or acquired from the Conservation Commission, or by contacting the applicant's representative, SOLitude Lake Management, at info@solitudelake.com, or 508-865-1000, Monday and Friday between 9AM and 4PM. See Conservation Commission website for the meeting schedule for exact dates and agendas. SOLITUDE LAKE MANAGEMENT AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act I, Matthew J. Salem, hereby certify under the pains and penalty of perjury that on 9 , 2018, I mailed a Notification to Abutters In compliance with the second porn raph of the Massachusetts General Laws, Chapter 131, s,40. and the DEP Guide to Abutter Notification doted April 8, 1994, in connection with the following matter: A notice of Intent was filed under the Massachusetts Wetlands Protection Act by SOLitude Lake Management with the Yarmouth Conservation Commission on I 2 .2018, for an Aquatic Management Program at Perera Pond in Yarmouth, MA. This form of the notification, and a list of the abutters to whom it was given and their addresses, are attached to this Affidavit of Service. Name Date NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT & TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143 In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A. The name of the applicant is Ronald Perera. B. The applicant has filed a Notice of Intent with the Yarmouth Conservation Commission, seeking permission to remove, fill, dredge or alter an Area Subject to Protection under the Wetlands Protection Act (MGL c. 131 s. 40 & Town of Yarmouth Wetland By -Law, Chapter 143). C. The address of the lot where the activity is proposed is 114 Wharf Lane. D. Proposed work is an integrated Aquatic Management Program at Perera Pond to monitor, assess and implement measures for control of non-native/nuisance aquatic vegetation, specifically with the use of bacterial augmentation and LISEPA/State registered aquatic herbicides/algaecides. E. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2231 ext. 1288. Copies of the Notice of Intent may be obtained from either the applicant or applicant's representative. Applicant's phone number Or Applicant's representatives phone number 508-865-1000 G. Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 H. Person sending this notification (applicant, representative or other) Name SOLitude Lake Management Address 590 Lake Street NOTES: Town Shrewsbury State: MA Zip 01545 Telephone 508-865-1000 Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. • You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application. 130/ 5/ PERERA RONALD C 703 FAIRWAY VILLAGE LEEDS, MA 01053 130/ 6/ PERERA RONALD C 703 FAIRWAY VILLAGE LEEDS, MA 01053 130/ 7/ BURDO GERARDO BURDO GABRIELLE B 84 OLD ORCHARD PARK FAIRFIELD, CT 06824 130/ 10/ MARCHILDON JOHN L TRS MARCHILDON DOROTHY E 100 WHARF LN YARMOUTH PORT, MA 02675 130/ 16/ SCHICKLER RICHARD SCHICKLER CYNTHIA E 14 BARLOW MOUNTAIN RD RIDGEFIELD, CT 06877-2416 130/ 3.2/ TOWN OF YARMOUTH RECREATION 1146 ROUTE 28 SOUTH YARMOUTH, MA 02664-4463 130/ 3.3/ TOWN OF YARMOUTH MUNICIPAL 1146 ROUTE 28 SOUTH YARMOUTH, MA 02664-4463 130/ 17.1/ BEASLEY GLEN E BEASLEY DONNA M 105 WHARF LN YARMOUTH PORT, MA 02675 130/ 18.1/ WARD RICHARD R WARD SUSAN E 511 PINE TREE DR NE ATLANTA, GA 30305 Perera Pond Perera Pond Yarmouth, MA Map Date: 1/24/18 Barnstable County z 0 100 200 N Prepared by: MS 41.70941 °,-70.25759° mmmmmmmK====== Feet Office: SHREWSBURY, MA 1:2,000 ATTACHMENT 8 Project Description 1.0 Introduction The "Applicant", Mr. Ronald Perera, is seeking approval to initiate an Aquatic Management Program at Perera Pond. The objective of the management program is to control growth of nuisance and non-native aquatic plant species, thin -leaf pondweed (Potamogeton pusillus), common reed (Phragmites australis), yellow iris (Iris pseudacorus), and filamentous algae, to improve and maintain open water habitat, maintain water quality, promote growth of less pervasive native plant species, and provide safe recreational access to the pond. Based on the type, distribution, and density of vegetation within Perera Pond, it has been concluded the restoration goals of the Applicant can best be achieved through regular monitoring, bacterial augmentation, and the prudent use of USEPA/MA DAR registered herbicides and algaecides. The proposed project has been filed as an Ecological Restoration Limited Project under 310 CMR 10.24(8) and will protect the interest of the Wetland Protection Act by controlling a nuisance species, improving fish habitat, improving water quality and slowing lake eutrophication.' 2.0 Problem Statement: Perera Pond is an 0.5-acre, impounded waterbody situated on the Applicant's property at 114 Wharf Lane, adjacent to Short Wharf Creek (Attachment C — Figure 1). The entirety of the pond would be considered littoral area, where sunlight penetrates through the water to the sediment and can support dense aquatic macrophyte growth. During a site visit in August 2017 by a SOLitude Biologist, the pond exhibited excessive submersed macrophyte growth. As seen by the current conditions, unmanaged, dense growth of vegetation can degrade water quality, fish/wildlife habitat, and reduce recreational access to the pond. Based on the goals of the Applicant, a management program focusing on regular monitoring and supplemental bacterial augmentation, with chemical treatment of USEPA/MA DAR approved herbicides and algaecides as needed, will be implemented to control the non-native and nuisance plant and algae species to maintain open water conditions and maintain desirable water quality. Orders of Conditions have been issued previously for hydro -raking of encroaching native wetland species to maintain open water habitat within the pond. 3.0 Site Description: Perera Pond is a man-made 0.5-acre waterbody. Based on discussions with the Applicant, the pond was likely created in the early 1900s as a means to attract waterfowl. The pond's watershed is small with the main source of water being surficial runoff from the immediate area. The outflow from the pond is controlled by a drainage pipe at the northern end. Outflow from the pond exits to Short Wharf Creek and eventually to Barnstable Harbor and Cape Cod Bay. Three houses directly abut the pond, but lawns are separated by a healthy vegetated buffer consisting primarily of cattails and other native species. The pond is utilized for passive wildlife viewing. Perera Pond2 Surface Area (acres) 0.5 Est. Mean Depth (feet) 4.0 Maximum Reported Depth (feet) 6.0 Estimated Volume 2 ac-ft. (651,000 gal.) Thin -leaf pondweed Common waterweed Dominant Plant Species Cattail Common reed Yellow iris 1 Department of Environmental Protection. Guidance for Aquatic Plant Management in Lake and Ponds as it Relates to the Wetlands Protection Act: April 2004, 1 p. 2 Estimates based on observed and reported conditions Perera Pond — Notice of Intent 2018 4.0 Existing Conditions: A survey of the pond and the current conditions was performed by a SOLitude Biologist in August 2017 to document existing vegetation growth, water depths, and bottom sediment thickness (Attachment C — Figure 2). At the time of the survey, approximately 75% of the pond was covered with dense thin -leaf pondweed and common waterweed (Elodea canadensis) growing through greater than 50% of the water column. Trace duckweed (Lemna minor) and filamentous algae was present in non -nuisance densities scattered around the pond's shoreline. Cattails were the primary emergent wetlands species around the pond creating a healthy and desirable vegetative buffer. Two small stands of common reed were observed along the eastern shoreline. Additionally, a pioneer infestation of yellow iris was documented near the outlet of the pond. 5.0 In -Lake Management Recommendations: 5.7 Program Overview: Multiple -year approval is requested for the implementation of an Aquatic Management Program at Perera Pond. The goal of the management program is to control growth of invasive emergent vegetation, in addition to other nuisance aquatic plant and algae species, to improve and maintain open water habitat, promote the growth of less pervasive plant species, and provide safe recreational access to the pond through an integrated management program. This management program has been developed to be compatible with the goals of Applicant keeping in mind the regulatory responsibilities of the Yarmouth Conservation Commission and MA DEP. As with any dynamic system, the ability to change and modify the management program is paramount to its success. Control of the invasive species present along the eastern shoreline is the initial objective of the program. The other objectives of improving water quality and maintaining open water habitat can be achieved through regular monitoring supplemented by bacterial augmentation, hydro -raking, aeration, and prudent use of USEPA/MA DAR registered aquatic herbicides and algaecides. Specifically, we are requesting approval for use of bacterial augmentation, fluridone (trade name: Sonar), flumioxazin (Clipper), imazamox (Clearcast), glyphosate (Aqua Pro), and copper -based algaecides. Conditional approval is being sought for installation of a submersed aeration system and hydro -raking, should conditions within the pond warrant different management techniques. The proposed herbicides and algaecides specifically affect the target species to be controlled and have a negligible effect on the non -target species and wildlife when applied in accordance with the label directions. All chemicals are applied at or below suggested doses according to the product label. All doses are based on plant types and densities, so that a minimum amount of the chemicals is introduced into the waterbody. No significant alteration to the wetland resource areas will occur as a result of the proposed pond management program; instead, the resource areas will be enhanced by controlling a non-native, invasive aquatic plant species, dense native vegetation, and improving water quality. 5.2 Proposed Products and Management Techniques Bacterial Additives Bacterial additives are designed to augment naturally -occurring bacteria in order to expedite the breakdown of organic matter and reduce the level of internal nutrients. Most bacterial additives focus on flocculent sediment consolidation and nitrogen removal, which is particularly important for deterring problematic growth (blooms) of nitrogen -fixing algae such as cyanobacteria. Perera Pond — Notice of Intent 2018 This technique has been chosen because of its ability to maintain a desirable water chemistry and further reduce in -water nutrients that lead to excessive algal growth. Also, the bacteria, in conjunction with the potential aeration system, enhance microbial degradation of unconsolidated organic material. Impacts Specific to the Wetlands Protection Act using Bacterial Augmentation3 • Protection of public and private water sul2ply — Possible benefit (reduced algal density) or detriment (water chemistry might favor undesirable algal species) • Protection of groundwater supply — Neutral (no significant interaction) • Flood control - Neutral (no significant interaction) • Storm damage prevention — Neutral (no significant interaction) • Prevention of pollution — Possible benefit (lowered algal abundance) or detriment (if water chemistry favors undesirable algal species) • Protection of land containing shellfish — Neutral (no significant interaction) • Protection of fisheries — Possible benefit (lowered algal abundance) or detriment (if water chemistry favors undesirable algal species) • Protection of wildlife habitat — Possible benefit (lowered algal abundance) or detriment (if water chemistry favors undesirable algal species) Fluridone (Sonar® — EPA # 67690-4 or equivalent) Fluridone is a systemic herbicide that offers long-term control on invasive and nuisance aquatic vegetation. This herbicide hinders the ability of susceptible plants to produce carotene which protects chlorophyll from photodegradation, which results in mortality and subsequent long-term control of the targeted species (i.e., directly impacts the standing population and prevents future spread). This process is known as chlorosis and may be observed visually as the plant begins to lose its green color and take on a white or pink shade. Fluridone requires an extended contact time (45-60 days), so it has historically been used for low -dose, whole -pond treatments where dilution and contact time are more predictable, however, new granular formulations do allow for more effective spot -treatment. Fluridone, when applied at recommended dosages is generally viewed as having one of the most environmentally friendly toxicology profiles of all products currently on the market. In fact, the US EPA has approved a limit of 150 ppb to be allowed in water used for drinking. Ideally, fluridone treatments are initiated early in the growing season when target vegetation is low or starting emergence. Presently, liquid and granular formations of this herbicide are available and included under this management plan. For aqueous applications, this chemical will be placed into an onboard mixing tank, mixed with pond water and evenly distributed throughout the surface of the treatment area via boat. This herbicide will be injected under the water surface through trailing hoses, minimizing the chance of chemical drift and assuring accurate placement of over the target species. For granular applications, the herbicide will be placed into a Heard spreader mounted to the bow of the treatment vessel and evenly distributed over the surface of the treatment area. Fluridone water use restrictions, include no application within one -quarter mile of a potable water intake and no use of treated water for irrigation purposes within 30 days of application. Although there are no restrictions on swimming, boating or fishing, prudent use suggests that we close the pond on the day of treatment. The shoreline of the pond will be posted with signs warning of these temporary water uses restrictions, prior to treatment. 3 Commonwealth of Massachusetts Executive Office of Environmental Affairs. Practical Guide to Lake Management: 2004. 154 p. Perera Pond — Notice of Intent 2018 Impacts Specific to the Wetlands Protection Act using Fluridone4 • Protection of public and private water supply — Generally neutral, but may have detriment at high doses (prohibition within 0.25-mi. of drinking water intakes at doses greater than 20 ppb) • Protection of groundwater supply — Generally neutral (no significant interaction) • Storm damage prevention — Neutral (no significant interaction) • Prevention of pollution — Generally neutral (no significant interaction) • Protection of land containing shellfish - Generally neutral (no significant interaction) • Protection of fisheries - Possible benefit (habitat enhancement) and possible detriment (food source alteration, loss of cover) • Protection of wildlife habitat — Possible benefit (habitat enhancement) and possible detriment (food source alteration, loss of cover) Flumioxazin (Clipper® - EPA # 59639-161 or equivalent) The USEPA/MA registered herbicide flumioxazin (Clipper) is the only contact herbicide currently approved for use in Massachusetts that can provide effective control of duckweed and watermeal as well as filamentous algae. Flumioxazin was recently registered in Massachusetts and its use carries a number of restrictions which limit its use potential. Until flumioxazin is more widely used in the State and more data is collected, it is unlikely that these restrictions will change, so its use would be reserved for small spot -treatments within the pond. Clipper herbicide is classified as a PPO (Protoporphyrinogen oxidase) inhibitor that initiates cell membrane disruption providing control of a broad range of susceptible plants. Clipper is a true contact herbicide that provides quick and effective control of target plant species. Although Clipper is not shown to have systemic activity, one or more years of reasonable control have been observed at other projects in New England where Clipper has been applied. Flumioxazin is extremely fast -acting and has a very short half-life so it is perfect for spot/site specific treatments. Impacts Specific to the Wetlands Protection Act using Flumioxazin • Protection of public and private water supply — Benefit (water quality improvement) • Protection of groundwater supply — Neutral (no interaction as flumioxazin has a low leaching potential) • Flood control - Neutral (no significant interaction) • Storm damage prevention — Neutral (no significant interaction) • Prevention of pollution — Generally neutral (no significant interaction), but could be a detriment if plant die -off causes low oxygen at the bottom of the lake • Protection of land containing shellfish - Generally neutral (no significant interaction), but reduced algae might reduce food resources for shellfish, and direst toxicity is possible under unusual circumstances • Protection of fisheries - Possible benefit (habitat enhancement) and possible detriment (food source alteration, loss of cover) • Protection of wildlife habitat — Possible benefit (habitat enhancement) and possible detriment (food source alteration, loss of cover) Imazamox (Clearcast— EPA # 241-437-67690) Recently registered by the MA Department of Agricultural Resources, the USEPA/MA registered herbicide Imazamox will be applied to the area at or below the permissible label dose. It has been registered for multiple years by the USEPA and utilized outside of the state to manage submersed, floating -leaf, and 4 Commonwealth of Massachusetts Executive Office of Environmental Affairs. Practical Guide to Lake Management: 2004. 133 p. 4 Perera Pond — Notice of Intent 2018 emergent vegetation. Imazamox would be applied as a foliar spray to control invasive common reed growth at the application rate of 1.5 Ibs ae/acre, if necessary. Temporary water use restrictions for Imazamox are now: 1) No drinking or cooking until residue testing results are below 50 ppb, 2) No irrigation until concentrations are below 50 ppb. There are no restrictions on swimming, boating, fishing, watering of livestock, or domestic use, but prudent herbicide management suggest that we close the area on the day of treatment. The surrounding area will be posted with signs warning of these temporary water use restrictions prior to treatment. Imazamox is a systemic herbicide. When applied as a foliar spray, it is quickly absorbed by foliage and rapidly translocated to the growing points stopping growth. The concentrated herbicide is diluted with pond water and applied to the common reed leaves via a low -volume spray system. An adjuvant will be mixed with the diluted herbicide to improve efficacy. Impacts Specific to the Wetlands Protection Act using Imazamox • Protection of public and private water supply — Generally neutral, but may have detriment at high doses (setback of treatment required, with distance based on dose and area treated) • Protection of groundwater supply — Neutral (no interaction) • Flood control - Neutral (no significant interaction) • Storm damage prevention — Neutral (no significant interaction) • Prevention of pollution — Generally neutral (no significant interaction), but could be a detriment if plant die -off causes low oxygen at the bottom of the lake • Protection of land containing shellfish - Generally neutral (no significant interaction) • Protection of fisheries - Possible benefit (habitat enhancement) and possible detriment (food source alteration, loss of cover) • Protection of wildlife habitat — Possible benefit (habitat enhancement) and possible detriment (food source alteration, loss of cover) Glyphosate (AquaProo - EPA # 62719-324-67690, Rodeo — EPA # 62719-324 or equivalent) Glyphosate is used to control waterlilies, watershield and emergent plants such as purple loosestrife and common reed. It is typically applied in August/September for control of emergent species. Glyphosate would be applied at the recommended Federal/State concentration of 3 quarts/acre. There are no water - use restrictions associated with the use of glyphosate other than use in the vicinity of potable water intakes, but prudent practice calls for restriction of water usage on the day of treatment as an additional safeguard. These restrictions are consistent with good pesticide practice and Massachusetts guidelines for aquatic treatments. Glyphosate is a systemic herbicide and is foliar active. This means the herbicide is active only on contact with the plant. It has no activity in surrounding soil or water. The chemical is applied to the leaves of the target plant and is translocated down into the rhizomes or roots of the plant. Glyphosate is absorbed by plant foliage and moves throughout plant tissues. Once inside the plant, the active ingredient in glyphosate interrupts the plant's ability to produce a protein it needs to live. The protein that glyphosate targets is found only in plants. It does not exist in humans, wildlife or fish. Glyphosate binds tightly to most types of soil particles and is unavailable for root uptake. There is low potential for leaching or contamination of groundwater with glyphosate herbicide. Microorganisms in the soil and water break down into its natural components. Perera Pond — Notice of Intent 2018 Impacts Specific to the Wetlands Protection Act using Glyphosates • Protection of public and private water supply — Protection of public and private water supply — Detriment (prohibition within one quarter mile of surface drinking water supplies due to toxicity), but generally neutral where allowed • Protection of groundwater supply — Neutral (no interaction) • Flood control - Neutral (no significant interaction) • Storm damage prevention — Neutral (no significant interaction) • Prevention of pollution — Generally neutral (no significant interaction), but could be a detriment if plant die -off causes low oxygen at the bottom of the lake • Protection of land containing shellfish - Neutral (no significant interaction) • Protection of fisheries - Possible benefit (habitat enhancement) and possible detriment (food source alteration, loss of cover) • Protection of wildlife habitat — Possible benefit (habitat enhancement) and possible detriment (food source alteration, loss of cover) Algaecides (Captain — EPA # 67690-9, SeClear — EPA # 67690-55, GreenClean PRO — EPA #70299-15, or equivilant) Approval for the use of a copper or peroxide based algaecide is requested in the event that nuisance algae conditions develop, warranting treatment. Copper based algaecides (i.e. CuSO4, Captain, SeClear) are widely used and are applied to lakes and ponds throughout North America to control nuisance filamentous and microscopic algae. There are no water use restrictions associated with copper -based algaecides and SOLitude treats several direct, potable (drinking) water reservoirs and a number of recreation waterbodies in the Commonwealth with these algaecides, on a yearly basis. The concentrated liquid algaecides are first diluted with pond water and are then sprayed throughout the pond area. The application rate is generally 0.2 ppm or less for algae control. If applied, treatment will not exceed 50% of the pond volume. Peroxide based algaecides (e.i. GreenClean PRO, GreenClean Liquid) are a recent addition to algae management. Similar to copper algaecides, there are no water use restrictions. The concentrated products are diluted with pond water and then sprayed evenly throughout the treatment area. The application rate is 0.5 — 1.5 gallons per acre-foot for algae control. If applied, treatment will not exceed 50% of the pond volume. Impacts Specific to the Wetlands Protection Act using Copper6 and Peroxide algaecides • Protection of public and private water supply — Benefit (used to control algae) • Protection of groundwater supply — Neutral (no significant interaction) • Flood control - Neutral (no significant interaction) • Storm damage prevention — Neutral (no significant interaction) • Prevention of pollution - Generally neutral (no significant interaction), but could be a detriment if algae/plant die -off causes low oxygen at the bottom of the lake or causes release of taste and odor compounds or toxins • Protection of land containing shellfish - Generally neutral (no significant interaction), but reduced algae might reduce food resources for shellfish, and direct toxicity is possible under unusual circumstances. • Protection of fisheries - Possible benefit (habitat enhancement) and possible detriment (food source alteration, direct toxicity) 5 Commonwealth of Massachusetts Executive Office of Environmental Affairs. Practical Guide to Lake Management: 2004. 128 p. 6 Commonwealth of Massachusetts Executive Office of Environmental Affairs. Practical Guide to Lake Management: 2004. 122 p. rj Perera Pond — Notice of Intent 2018 • Protection of wildlife habitat — Possible benefit (habitat enhancement) and possible detriment (food source alteration, direct toxicity) Aeration We are seeking conditional approval for the installation of a submersed aeration system that is designed to provide maximum water movement and oxygenation in smaller, shallow ponds. By enhancing oxygenation and water movement within the pond, more favorable conditions for aquatic wildlife are promoted while deterring the growth of problematic algae. In shallow waterbodies, such as Perera Pond, the circulation and oxygenation of the water is important not only for maintaining a healthy environment for the resident aquatic wildlife, but also for the improvement and maintenance of low internal nutrient levels. The system will consist of in -pond rubber bladder diffuser stations that will be supplied with compressed air from self -weighted rubber tubing and an onshore compressor system. A conduit will be used to transfer the weighted supply lines into the pond. Installation of this system will not require any digging/trenching work and therefore will not result in any disturbance to the shoreline or pond. The aeration system would be monitored for proper function throughout each season. Impacts Specific to the Wetlands Protection Act using Aeration? • Protection of public and private water supply — Benefit (water quality enhancement) • Protection of groundwater supply — Neutral (no significant interaction) • Flood control - Neutral (no significant interaction) • Storm damage prevention — Neutral (no significant interaction) • Prevention of pollution — Benefit (water quality enhancement) • Protection of land containing shellfish — Benefit (water quality enhancement) • Protection of fisheries - Benefit (water quality enhancement) and possible detriment (water quality variability) • Protection of wildlife habitat —Benefit (water quality enhancement) Hydro -Raking The mechanical Hydro -Rake can best be described as a "floating backhoe" with a York Rake attachment. The barge is paddle wheel driven to facilitate operation in shallow water (<2 feet) and it can effectively work to depths of about 12 feet. It works from the water, thereby avoiding damage to sensitive shoreline habitat and property. This machine "rakes" the upper sediment layer, collecting plants and their root systems. The Hydro -Rake is well suited for the removal of plants' large rhizome structures and, in that case, can provide multiple years of control. Hydro -raking was performed previously in the late 1990s and early 2000s to remove emergent wetlands vegetation encroaching into the pond and reducing open water habitat. There are no immediate plans to utilize hydro -raking at NfAMI T Perera Pond, but was included based upon its prior * td,r approval. Launching of the machine would occur from an established access point to limit buffer disturbance. Raked material would be allowed to dewater on -shore within a stockpiling area prior to removal to an 7 Commonwealth of Massachusetts Executive Office of Environmental Affairs. Practical Guide to Lake Management: 2004. 74 p. 7 Perera Pond — Notice of Intent 2018 upland disposal location on the west side of the property. Any disturbance of shoreline buffer area would be remediated to the original condition with shoreline erosion controls left in place until adequately revegetated. Impacts Specific to the Wetlands Protection Act$ • Protection of public and private water supply — Generally neutral (no significant interaction). • Protection of groundwater supply — Generally neutral (no significant interaction). • Flood control - Generally neutral (no significant interaction). • Storm damage prevention - Generally neutral (no significant interaction). • Prevention of pollution — Possible detriment if sediment disruption and resultant turbidity are high over a large enough area • Protection of land containing shellfish — Possible detriment if applied to areas containing shellfish • Protection of fisheries — Generally neutral (on small scale); alteration of habitat may have benefits or detriments to different species in the same waterbody. • Protection of wildlife — Potential benefit by habitat improvement, but may have benefit and detriment to different species in the same lake from same effort Proper herbicide application allows for targeted plant control without posing an unreasonable adverse risk to non -target species and wildlife. Written approval from the Commission will be sought should alternate products be considered in future years. All products proposed for use will be registered for aquatic use in Massachusetts. Management Technique Descriptions Detailed information on all the approaches proposed in this NOI can be found at the Massachusetts Department of Conservation and Recreation, Lakes and Ponds Program website. There are links under the Publications tab to the "Generic Environmental Impact Report for Eutrophication and Lake Management in Massachusetts" and the "Practical Guide to Lake Management in Massachusetts." <http://www.mass.gov/eea/agencies/dcr/water-res-protection/lakes-and-ponds/eutrophication-and- aquatic-plant-management.html> Additional information on the herbicides and algaecides can be found at the Massachusetts Department of Agricultural Resources website: <http://www.mass.gov/eea/agencies/agr/pesticides/aquatic- vegetation-management.html> 5.3 Monitoring: Regular inspections will be conducted in order assess the growth phase of the target plant species and overall pond conditions. Post -management inspections will be conducted in order to assess the efficacy of the management efforts and any impacts on non -target species so future applications can be properly adjusted to minimize non -target impacts. Year -End Reports documenting our annual management efforts, observed conditions, management efficacy, and future recommendations can be provided to the Commission. 6.0 Alternatives Analysis: Alternatives to the proposed Aquatic Plant Management Plan were considered. SOLitude evaluated all available strategies for management of Perera Pond. Findings and recommendations are based on direct experience and discussions found in the Eutrophication and Aquatic Plant Management in Massachusetts Final Generic Environmental Impact Review (FGEIR, EOEA 2004). 8 Commonwealth of Massachusetts Executive Office of Environmental Affairs. Practical Guide to Lake Management: 2004. 109 p. Perera Pond — Notice of Intent 2018 Bottom Weed Barriers: Not Recommended Physical controls, such as the use of bottom weed barriers (i.e. Aquatic Weed Net or Palco) can be effective for small dense patches of nuisance vegetation, but are not cost effective or feasible for large areas. Weed barriers are expensive to install and maintain at —$1.75/ft2 (material & installation). Semi-annual maintenance to retrieve, clean and re -deploy the barriers would be expensive and time consuming. Additionally, covering expansive areas of the pond bottom may also have detrimental impacts on invertebrates or other types of wildlife. Harvesting: Not Recommended Harvesting would be costly and at best would only provide a season of relief from the vegetation currently established within the pond with no guarantee of success. The disruption and non -target impacts would be more significant than with spot -treatments using aquatic herbicides. Additionally, a larger access through the buffer would be required to launch and retrieve the machine. Biological: Not Recommended There are no proven biological controls available or approved by the State for the control of the aquatic plant species present at Perera Pond. Sediment Excavation/Dredging: Not Recommended Dredging nutrient rich bottom sediment is sometimes used as a strategy to control excessive weed growth. Conventional (dry) or hydraulic dredging would require the expenditure of hundreds of thousands of dollars in design and permitting fees alone. Dredging may also have severe impacts to aquatic organisms (i.e. fish and macroinvertebrates) in the ponds with no guarantees of elimination of invasive vegetation. Do Nothing: Not Recommended If the invasive and nuisance plant and algae growth is allowed to continue unabated, eutrophication and filling -in at the pond will continue to occur at an accelerated rate due to the annual decomposition of excessive plant material. Anoxic conditions would degrade water quality and potentially impact fish and other aquatic organisms. Stagnant conditions will also increase water temperatures promoting both algae and bacterial growth as well as providing extensive mosquito breeding habitat. The pond's recreational and aesthetic value would be significantly degraded. 7.0 Compliance Massachusetts Wetlands Protection Act: The primary objective of this project is to control the invasive species present around the pond, while additional objectives are to maintain desirable open -water habitat. Managing densities of native species will typically not adversely affect wildlife habitat and will not negatively impact other interests of the Massachusetts Wetlands Protection Act. No significant alteration to wetland resources areas will occur as a result of the proposed management program; instead the resource areas will be enhanced by controlling the nuisance plant and algae growth. The proposed management activities are consistent with the guidelines in the following documents: • Final Generic Environmental Impact Report: Eutrophication and Aquatic Plant Management in Massachusetts (June 2004) • Guidance for Aquatic Plant Management in Lakes and Ponds: As it Relates to the Wetlands Protection Act (April 2004 — DEP Policy/SOP/Guideline # BRP/DWM/WW/G04-1) • The Practical Guide to Lake Management in Massachusetts (2004) V] Perera Pond — Notice of Intent 2018 DEP License To Apply Chemicals: All chemical applications will be performed by Certified Applicators. The USEPA/MA registered aquatic herbicides will be applied at recommended label rates, in accordance with the "Order of Conditions" and DEP "License to Apply Chemicals" permits (BRP WM04). Prior to treatment, the shoreline will be posted with signs warning of all temporary water use restrictions. A site specific "License to Apply Chemicals" for the proposed treatment will be filed with Massachusetts DEP, Office of Watershed Management. Massachusetts Environmental Policy Act: The strategies proposed in this NOI are options approved under the Massachusetts Environmental Protection Act (MEPA) process that was approved in 2004 with the issuance of the FGEIR and the Practical Guide to Lake and Pond Management in Massachusetts. These approaches do not require individual MEPA review. Massachusetts Endangered Species Act: According to the most recent Natural Heritage maps provided by MA GIS (Attachment C - Figure 3), Perera Pond is not located within area designated as Priority Habitats of Rare Species as determined by the Massachusetts Natural Heritage & Endangered Species Program (NHESP). A formal review by NHESP is not required. 8.0 Impacts of the Proposed Management Plan Specific to the Wetlands Protection Act: Protection of public and private water supply — Perera Pond is not used directly as a drinking water supply. The proposed management techniques will not have any adverse impacts on the public or private water supply, when used in accordance with the project label and conditions of the MA DEP License to Apply Chemicals. Protection of groundwater supply — According to available studies, there is no reason to believe that the groundwater supply will be adversely impacted by the proposed management strategies, specifically the application of the chemicals at the proposed rates to Perera Pond, when used in accordance with the product labels. Contamination of groundwater by aquatic herbicides is limited by their low rate of application, rapid rate of degradation, and uptake by target plants. SOLitude's State licensed applicators take all necessary precautions when mixing and disposing of all chemical containers. Flood control and storm damage prevention — No construction, dredging or alterations of the existing floodplain and storm damage prevention characteristics of the pond are proposed. However, in some instances, abundant and excessive aquatic plant growth can contribute to high water and flooding. Most commonly this occurs in the vicinity of waterbody outlets or water conveyance channels and structures. The unmanaged, annual growth and decomposition of abundant plant growth is also known to increase sediment deposition at an accelerated rate. Therefore, the proposed management approaches may increase the capacity of the resource area over the long-term to provide flood protection. Prevention of pollution — No degradation of water quality or increased pollution is expected by the proposed management approaches. The proposed herbicides are relatively slow acting in controlling the nuisance vegetation. This results in a slow release of nutrients from the decaying plants, reducing the potential for increases in nutrients that can cause algae blooms. Removal of the excessive growth of aquatic vegetation will contribute to improved water circulation and a reduction in the potential for anoxic conditions. The post -treatment decrease in plant biomass will help to decrease the rate of eutrophication currently caused by the decomposing of excessive plant material. Perera Pond — Notice of Intent 2018 Protection of fisheries and shelIfisheries — Contiguous, dense beds of aquatic vegetation provide poor habitat for most species of fish. Dense plant cover frequently results in significant diurnal fluctuations in dissolved oxygen as well as oxygen depletion during certain times of the year. While temporary effects on some desirable submersed and floating -leafed species may occur following the application of an aquatic herbicide, non -target plants typically rebound quickly. Shoreline emergent plants will not be impacted following the use of aquatic herbicides. Protection of wildlife and wildlife habitat — In general, excessive and abundant plant growth, especially non-native plants, provides poor wildlife habitat for fish and other wildlife. The proposed management plan is expected to help prevent further degradation of the waterbody through excessive weed growth and improve the wildlife habitat value of the pond in the long-term. Maintaining a balance of open water and vegetated areas is intended. ATTACHMENT C Figures Perera Pond Perera Pond Yarmouth, MA Map Date: 1/22/18 Barnstable County z 0 1,500 3,000 N Prepared by: MS 41.70941°,-70.25759' o Feet Office: SHREWSBURY, MA 1:24,000 A I I I ::t Legend Dense thin -leaf pondweed with scattered common Scattered common reed infestations on western waterweed; trace densities of duckweed wind-blown ® shoreline on filamentous algae Pioneer yellow iris infestation Cattail stands growing along shoreline Survey Points + @DMD=ff Perera Pond Perera Pond Yarmouth, MA Map Date: 1/24/18 Barnstable County 0 25 50 N Prepared by: MS 41.70941 °,-70.25759° Feet Office: SHREWSBURY, MA o� 1:500 r _ i �.ak #s' '�' ,. r.r �,, . �{x, � T`e�-. h� p'mA �y, q M•.,,, ;f:.o }r. V) Yf' ✓..: '+5 i . d 'Fe r} e *I i 1 �M�pl1 ^- ► + "L/ 1•14 i 1! AIV �- .r.1. - {� fi' +} e� �� j+G Jw'^e � f ,br��i'� �/1� J /�� Y '• - + . t> �•, i ,� 4 �' N vk Xr h�k" i'p K. `_ _ e�AY,I./ ,��:'/,';f� y i •' �1 i } �� s k� - s'S' :'77aa�,P'� F �11. Q�Sr y�,�y � i �r �x ky�- 1i �L/� /�/,� /-•�� t ; —, _ ,>- _.""g,?.xfrai10, L 1� 7/ w fk- ' 4 _ _ J r • OP I,. s' }'9F, VV ' Y; •-'.: Legend 0 Project Locus Priority Habitats of Rare Species Estimated Habitats of Rare Wildlife Perera Pond Perera Pond Yarmouth, MA Map Date: 1/22/18 Barnstable County z 0 1,500 3,000 N Prepared by: MS 41.70941 °,-70.25759° 1 Feet Office: SHREWSBURY, MA o� 1:24,000 �r�. i� �� r � 4 ��.y`+..,,.�•�,�:mot-f."f ,,.'f,,,— .••..�: ti: .. Si« r • r r -�- , 5 :fir# - '� i, *', 1 �;' •• t � 49 40W or_ 4 • L- * ■ IP Legend ,{ A Project Locus • Flood Hazard Classifications i AE: 1 % Annual Chance of Flooding, with BFE VE: High Risk Coastal Area X: 0.2% Annual Chance of Flooding Perera Pond Perera Pond Yarmouth, MA Map Date: 1/24/18 Barnstable County 0 750 1,500 N Prepared by: MS 41.70941 °,-70.25759° mmmmmmmmmK===zzz= Feet Office: SHREWSBURY, MA 1:12,000 ATTACHMENT D Herbicide/Algaecide Information Detailed information herbicides proposed in this NOI can be found at the Massachusetts Department of Conservation and Recreation, Lakes and Ponds Program website. There are links under the Publications tab to the "Generic Environmental Impact Report for Eutrophication and Lake Management in Massachusetts" and the "Practical Guide to Lake Management in Massachusetts." <http://www.mass.gov/eea/agencies/dcr/water-res-protection/lakes-and-ponds/> Additional information on these herbicides can be found at the Massachusetts Department of Agricultural Resources website http //www.mass.gov/eea/aciencies/agr/pesticides/aquatic-vegetation-management.htmi