Loading...
HomeMy WebLinkAboutSE83-2191 NOI Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 18 Crab Creek Lane, Yarmouth Port Notice of Intent Permit and Maintain Historic Walking Path for Water Access, Vista Pruning, & Invasive Species Management Town of Yarmouth Conservation Commission March 2019 Prepared for: Lisa Warren 18 Crab Creek Lane Yarmouth Port, MA 02675 BSC Job #50206.01   TABLE OF CONTENTS Item Attachment Town of Yarmouth NOI Application Forms 1 Notice of Intent Form 2 Filing Fee Information 3 Project Description 4 USGS Site Locus Map 5 FEMA Map 6 NHESP Priority & Estimated Habitat Map 7 Site Photographs 8 Abutter Information 9 Site Plans 10   Town of Yarmouth NOI Application Forms Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Revised February 2016 Page 1 of 2 Administrative Checklist Notice of Intent General Information: All filings must be made on Town of Yarmouth forms. Applications must be submitted two weeks prior to the next scheduled Conservation Commission meeting. No new information may be accepted into the Commissioner’s packet a week before the meeting. Failure to follow the Administrative Checklist guidelines shall result in an Administrative Incomplete Application and will not be advertised for a Public Hearing. Contact the office if you need assistance. Submitting an Application: ______ 1 original application with original signatures (double sided). ______ 7 copies of the first and second page of the Notice of Intent (double sided). ______ 8 copies of a comprehensive and detailed narrative of the project including existing & proposed conditions, construction sequence, type of equipment, staging locations, drainage and stormwater, erosion controls, invasive species management and alternative analysis. The narrative shall document how the project meets performance standards per 310 CMR 10.0 & TOY Wetland Bylaw, Chapter 143, BVW delineation sheets or other supporting information. ______ 8 copies of the plan, folded separately, right side out with title visible and attached to each application. All plans shall reference NAVD1988 unless otherwise noted. Landscape plans shall be detailed to show proposed & existing conditions, native species, size and spacing. ______ A pdf file of the application, supporting information, and plan emailed to kgrant@yarmouth.ma.us ______ An 100’ radius map, abutters list and abutters notification identifying the property owners who are to be notified per 310 CMR 10.00. Abutters list can be obtained online at http://gis.vgsi.com/yarmouthma/ and must be certified by the Town Assessor’s office. The Assessor’s office requires 7 days advance notice. _______ Submit the proof of mailing via Certified Mail Receipts (PS From 3800) for all abutters, DEP, Massachusetts Natural Heritage and Endangered Species Program, Massachusetts Division of Marine Fisheries, US Army Corps of Engineers or as required. DEPARTMENT OF CONSERVATION Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Revised February 2016 Page 2 of 2 ______ Waterway’s jurisdiction – Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his representative must provide the Conservation office proof that this has been done or the filing will not be accepted. ______ State filing fee: separate check, Refer to Wetland Fee Transmittal Form. ______ By-law filing fee: separate check payable to “Town of Yarmouth”. ______ Legal ad fee: separate check payable to “Town of Yarmouth”. ______ One copy of application, plan, and any other supporting information shall be sent “Certified Mail” to Department of Environmental Protection Southeast Region, 20 Riverside Drive, Route 105, Lakeville, MA 02347 ______ DEP share of the fee (refer to NOI form) shall be sent to Dept. of Environmental Protection Box 4062 Boston, MA 02211 Other Comments:  Does the proposed project meet all of the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? If so, you must file with both boards at the same time.  If a vacant lot, have you completed and received a determination for the Building Department for a lot inquiry form? Notice of Intent Form wpaform3.doc • rev. 2/8/2018 Page 1 of 9 4 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 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 18 Crab Creek Lane a. Street Address Yarmouth Port b. City/Town 02675 c. Zip Code Latitude and Longitude: 41.704472 d. Latitude -70.197441 e. Longitude 126 f. Assessors Map/Plat Number 20 g. Parcel /Lot Number 2. Applicant: Lisa a. First Name Warren b. Last Name c. Organization 10 Woodland Avenue d. Street Address Medford e. City/Town MA f. State 02155 g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner Lisa Warren and Pier Hughes a. First Name b. Last Name c. Organization 10 Woodland Avenue d. Street Address Medford e. City/Town MA f. State 02155 g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Matthew a. First Name Creighton b. Last Name BSC Group, Inc c. Company 349 Route 28 Unit D d. Street Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 617-896-4591 h. Phone Number i. Fax Number mcreighton@bscgroup.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $110.00 a. Total Fee Paid $42.50 b. State Fee Paid $67.50 c. City/Town Fee Paid wpaform3.doc • rev. 2/8/2018 Page 2 of 9 4 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 A. General Information (continued) 6. General Project Description: The project consists of permitting and maintaining the historic walking path for water access, vista pruning, and invasive species management. 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) 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 CTF. 218062, L.C. Plan 34563-C b. Certificate # (if registered land) c. Book 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. 2/8/2018 Page 3 of 9 4 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 B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 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: square feet 4. Proposed alteration of the Riverfront Area: 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 B.2.f. above. wpaform3.doc • rev. 2/8/2018 Page 4 of 9 4 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 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 document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged 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 l. Land Subject to 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. 2/8/2018 Page 5 of 9 4 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 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 http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No 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 Mass GIS 2019 b. Date of map 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 C.1.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 percentage/acreage (b) outside Resource Area 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/dfg/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. 2/8/2018 Page 6 of 9 4 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/regulatory_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/regulatory_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 836 South Rodney French Blvd. New Bedford, MA 02744 Email: DMF.EnvReview-South@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@state.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. 2/8/2018 Page 7 of 9 4 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) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. 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)? 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. 2/8/2018 Page 8 of 9 4 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 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.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. Plan of Land with Wetland Delineations a. Plan Title BSC Group, Inc. b. Prepared By Craig A. Field c. Signed and Stamped by 3/11/2019 d. Final Revision Date 1" = 30' 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. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. 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: 165 2. Municipal Check Number 2/18/2019 3. Check date 166 4. State Check Number 2/18/2019 5. Check date Lisa 6. Payor name on check: First Name Warren 7. Payor name on check: Last Name Filing Fee Information 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 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: 18 Crab Creek Lane a. Street Address Yarmouth Port b. City/Town 166 c. Check number $42.50 d. Fee amount 2. Applicant Mailing Address: Lisa a. First Name Warren b. Last Name c. Organization 10 Woodlane Avenue d. Mailing Address Medford e. City/Town MA f. State 02155 g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property Owner (if different): Lisa Warren and Pier Hughes a. First Name b. Last Name c. Organization 10 Woodland Avenue d. Mailing Address Medford e. City/Town MA f. State 02155 g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. 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 2 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 of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Cat 1 c.) 1 $110.00 $110.00 Step 5/Total Project Fee:$110.00 Step 6/Fee Payments: Total Project Fee: $110.00 a. Total Fee from Step 5 State share of filing Fee: $42.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $62.50 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements 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.) Project Description Notice of Intent 18 Crab Creek Lane Yarmouth Port, MA PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project at 18 Crab Creek Lane, in Yarmouth Port (the Site) involves permitting and maintenance of the existing historic walking path for water access, grassland habitat maintenance, and invasive species management. For more information, please refer to the attached Site Plans. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protection By-law. 2.0 SITE DESCRIPTION The property located at 18 Crab Creek Lane in Yarmouth Port, is bordered by single-family homes to the east, west, and south. The property is bordered by Bass River (Crab Creek) to the north which flows from Mill Pond to Follins Pond and eventually down into the Bass River. The tree line between the house and Crab Creek was cleared prior to the instatement of the Wetlands Protection Act and this area currently exists as lawn. A small portion of the seaward edge of lawn has reverted to salt marsh. The wetland resource areas and areas of conservation jurisdiction on or adjacent to the Site, that are protected under the Wetlands Protection Act and the Town of Yarmouth Wetland Protection Bylaw include:  Bordering Vegetated Wetland (BVW)  Salt Marsh  Riverfront Area (Bass River)  Coastal Bank  Land Subject to Coastal Storm Flowage - FEMA Flood Zone AE (elevation 9) 3.0 PROPOSED ACTIVITIES The purpose of this application is to authorize the following proposed activities: The owner proposes to maintain the existing historic walking path from the house to the existing canoe/kayak rack and to the water for canoe and kayak access. Currently the area is maintained lawn that predates the Wetland Protection Act (dating back to about the mid 60’s according to a neighbor). The owners wish to maintain a 6-foot-wide path to the existing canoe/kayak rack and into the water (a portion of which will cross a small section of emerging/transitioning salt marsh). The Town of Yarmouth DPW replaced and upgraded the adjacent North Dennis Road bridge downstream, which crosses the Bass River (circa 2006). Flooding in this area has increased following the upgraded bridge crossing causing part of the lawn to become frequently saturated. In turn, part of the lawn is converting into salt marsh grass (Spartina patens) and parts of the lawn are converting into freshwater wetland sedges. Because the property has been continuously mowed dating back to the 60’s adjacent Phragmites has been kept out of the lawn area allowing the transformation of wetland grasses (freshwater sedges and salt marsh). If the owners stop regularly mowing the area will to convert to an invasive Phragmites stand. To prevent that from happening, the owners are proposing annual mowing twice a year as a non-toxic invasive species management plan to maintain the transforming open marsh habitat. This will hopefully be frequent enough to keep the Phragmites from establishing within the lawn/freshwater/salt marsh maintained area. Notice of Intent 18 Crab Creek Lane Yarmouth Port, MA Per the Wetland Protection Act 310 CMR 10.02, maintaining the existing upland lawn within the buffer zone is a minor exempt activity. As such, the continued mowing of the upland lawn area is not part of this application, but is proposed to continue. Per the Wetland Protection Act 310 CMR 10.32(3) does not prevent the seasonal harvesting (mowing) of salt hay (Spartina patens), which has historically been used to supplement gardens. Therefore, the mowing of salt hay twice a year would also be considered an exempt activity. Additionally, this activity will help prevent the spread of invasive Phragmites and allow the salt marsh, BVW, and IVW to expand and thrive. Because this area was disturbed/cleared prior to the establishment of Wetlands Protection Act (mid 60’s according to a neighbor) and certainly prior to the modification of the Act in 1995, when the disturbed delineation criterion took effect (note aerials dating to 1971), BSC delineated the wetland line using a vegetation only method. BSC did not find evidence of fill brought into the site to create the lawn, it is expected that this lawn (when cleared and constructed) was done so in an upland. If fill was not brought in to build the lawn and the lawn remains with upland grasses it’s again expected that when the area was cleared and lawn installed it was done so in an upland. Further evidence that the area was upland in the mid 60’s was noted on the abutting property (approximately the same elevation), noting full grown upland trees (White Pine and Black Oak). It’s believed that the area rarely flooded prior to the culvert upgrade on North Dennis Road crossing the Bass River (approximately 2006). This has likely resulted in the spread of wetland shrubs in the adjacent understory and freshwater sedges and salt marsh grasses within lower lying areas of lawn. During the aforementioned delineation, BSC noted a few pockets of isolated vegetated wetlands (IVW) on the eastern edge of the lawn. However, these areas were not observed to be connected via dominant wetland vegetation to other resource areas on or off Site. Due to the fact that IVW are not jurisdictional under local or state regulations, impacts to these areas have been omitted from the calculations included in the impact tables located below. BSC also researched prior aerials to look for flooding at the site and to review the photographs for the uniformity of upland lawn grasses transitioning to wetland species (transforming between in 2008- 2010). This further supports the evidence that this area is only recently converting to wetland species because the Town DPW upgraded the North Dennis Road bridge. In addition, speaking with a neighbor, they confirmed the flooding increased following the upgrade of the North Dennis Road bridge. The tables below break down the historic impacts as a result of lawn and waterfront access path maintenance. Table 1: Impacts to Resource Areas as a Result of Maintaining Historic Mowing Practices BVW Salt Marsh Coastal Bank Within Resource Area 1,110± sf 8,800± sf 5,780± sf Notice of Intent 18 Crab Creek Lane Yarmouth Port, MA 1Atwood, J., J. Collins, L. Kidd, M. Servison and J. Walsh. 2017. Best Management Practices for Nesting Grassland Birds. Mass Audubon; Lincoln, Massachusetts. 10 pp. Table 2: Impacts to Riverfront Area as a Result of Maintaining Historic Mowing Practices 0ft – 100ft Buffer Zone 100ft – 200ft Buffer Zone Riverfront Area to Bass River 13,020± sf 13,550± sf 4.0 ALTERNATIVES ANALYSIS No Maintenance Alternative: In this alternative, the historically mowed lawn and footpath leading to the waterfront would be allowed to return to a natural state. This alternative would result in the loss of the historically maintained access used for seasonal recreation on Mill Pond and Bass River. This alternative would fail to address the invasive Phragmites, which are likely to spread across the maintained lawn area and emerging resource areas. In addition, the area will transform into a forested space losing the high value wildlife habitat associated with an emerging marsh/grass area. Many of New England’s open grassland habitats are being lost as they transition to forested areas. Continued Regular Mowing Schedule: In this alternative, the regular mowing schedule which involves the weekly or bi-weekly mowing of the entire lawn area throughout the growing season would continue. This alternative would significantly impact the ability of the native grasses and wildflowers to flower or go to seed, thus reducing the ecological value of the Resource Areas. However, this more frequent mowing scheudle is the most effective method of protecting the lawn, BVW, IVW, and Salt Marsh areas from the spread of invasive Phragmites. Mowing Twice Annually (Proposed Option): In this alternative, mowing of the historically mowed lawn areas and footpath would be limited to twice annually. This alternative would significantly improve the quality of this grassland habitat for wildlife such as birds and mammals. For the benefit of grassland song birds, Massachusetts Audubon Society recommends that no mowing within grassland habitat occur during the months of June and July, when hatchlings are the most vulnerable1. The control of invasive Phragmites by cutting before the plant goes to seed must also be taken into consideration to determine when the lawn area should be mowed. Given that invasive Phragmites typically go into flower in June and release seeds in late August to early September, mowing the lawn area once in late May and once late August would likely be the most effective times to mow. This alternative should sufficiently limit the spread of invasive Phragmites while also promoting the health of native plants and grassland dependent animals. However, if the invasive Phragmites population is shown to be undeterred by this mowing practice, the proposed mowing schedule may be altered to prevent further spreading. 5.0 MITIGATION The owners have proposed this invasive species management plan which will require annual inspections to monitor Phragmites movement due to the reduction in mowing frequency, as a betterment to existing site conditions. The proposed project is to maintain the status of the site while allowing the expanding resource areas to expand without interference from the adjacent Phragmites stands. In addition, as the resource areas expand maintaining a designated walking path for continued access to the canoe/kayak racks and to the Bass River. USGS Site Locus Map Copyright:© 2013 National Geographic Society, i-cubed 70°12'0"W 70°12'0"W 41°42'0"N41°42'0"NDocument Path: C:\Users\Pmancuso\Desktop\50260.01\LOCUS_Map.mxdDate Saved: 12/13/2018 7:01:35 AM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013National GeographicSociety, i-cubed18 CRAB CREEK LANEYARMOUTH PORT, MA USGS Site Locus Map(pa ge size: 8.5 X 11) 1 inch = 8 33 feet 0 440 880 Feet H Site Location FEMA Map USGS The National Map: Orthoimagery. Data refreshed October 2017. National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250Feet Ü70°12'9.14"W 41°42'30.16"N 70°11'31.69"W 41°42'3.30"N SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOODHAZARD AR EAS Without Base Flood Elevation (BFE)Zone A, V, A99With BFE or Depth Zone AE, AO, AH, VE, AR Regulator y Floodway 0.2% Annual Chance Flood Hazard, Areasof 1% annual chance flood with averagedepth less than one foot or with drainageareas of less than one square mile Zone X Future Conditions 1% AnnualChance Flood Hazard Zone XArea with Reduced Flood Risk due toLevee. See Notes.Zone X Area with Flood Risk due to Levee Zone D NO SCREE N Area of Minimal Flood Hazard Zone X Area of Undetermined Flood Hazard Zone D Channel, Culver t, or Storm SewerLevee, Dike, or Floodwall Cross Sections with 1% Annual Chance17.5 Water Surface ElevationCoastal Transect Coastal Transect BaselineProfile BaselineHydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of StudyJurisdiction Boundar y Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from theauthoritative NFHL web services provided by FEMA. This mapwas exported on 12/13/2018 at 7:12:26 AM and does notreflect changes or amendments subsequent to this date andtime. The NFHL and effective information may change orbecome superseded by new data over time. This map image is void if the one or more of the following mapelements do not appear: basemap imagery, flood zone labels,legend, scale bar, map creation date, community identifiers,FIRM panel number, and FIRM effective date. Map images forunmapped and unmodernized areas cannot be used forregulatory purposes. Legend OTHER AREAS OFFLOOD HAZARD OTHER AREAS GENERALSTRUCTURES OTHERFEATURES MAP PANELS 8 1:6,000 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative proper ty location. NHESP Priority & Estimated Habitat Map kjkjkj kj kj kj kj kj kj kj kj kj kj kj kj kj kj kj kj kj kj kj kj kj kj kj 70°12'0"W 70°12'0"W 41°42'30"N41°42'30"N41°42'0"N41°42'0"NTHIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source:18 CRAB CREEK LA NEYARMOUTH PORT, MA NHESP Map USGS 2008-2009NHESP 2017ESRI World ImageryESRI World Topo±1:5 ,00 0 0 220 440 Feet 1 inch = 417 feet Legend NHESP Estim ated Habitats of Rare Wildlife kj Potential Vernal Pools kj Certified Ver nal Pools NHESP Priority Habitats of Rare Species Site Locus Date Saved: 12/13/2018 7:09:23 AMDocument Path: C:\Users\Pmancuso\Desktop\50260.01\NHESP_Map.mxd Site Photographs Photo 1: View of historically mowed lawn and Bank of Mill Pond. Looking North Photo 2: View of wooden pad near Mill Pond for seasonal kayak storage. Looking Northeast Site Photographs February 2019 18 Crab Creek Lane Yarmouth Port, MA Page 1 Abutter Information 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: Lisa Warren  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: 18 Crab Creek Lane, Yarmouth Port  D.   Proposed work is to: permit and maintain the historic walking path for water access, vista  pruning, and invasive species management.  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.  F.   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: 508‐778‐8919  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: Matthew Creighton    Address: 349 Route 28, Unit D    Town: West Yarmouth  State: MA  Zip: 02673    Telephone: 508‐778‐8919  NOTES :    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.  126/ 13/ / / MCBRIDE CAROL ANN 11 CRAB CREEK LN YARMOUTH PORT, MA 02675 126/ 14/ / / FRUEAN MARK S TRS DAMON MARIA A TRS 27 CRAB CREEK LN YARMOUTH PORT, MA 02675 126/ 19/ / / BROWN TIMOTHY J BROWN L A & M J & C A 5 OVERLOOK DR EAST LONGMEADOW, MA 01028 126/ 20/ / / BERTKAU BRUCE D C/O WARREN LISA 10 WOODLAND AVE MEDFORD, MA 02155 126/ 21/ / / TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH, MA 02664-4463 127/ 1/ / / SCHWEITZER JUDITH J COUGHLIN MARY JO 10 CRAB CREEK LANE YARMOUTH PORT, MA 02675 127/ 2.1/ / / GREW EUNICE M TR EUNICE M GREW TRUST 438 WEIR RD YARMOUTH PORT, MA 02675 Site Plan