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Home My WebLink AboutSE83-2211 NOI_10.22.19PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH Notice of Intent Application October 22, 2019 Project Location 40 Constance Avenue Assessor’s Map 86, Lot 63 West Yarmouth, Massachusetts 02673 Applicant & Property Owner Kinnie Chiu, Trustee Kinnie Chiu Living Trust 40 Constance Avenue West Yarmouth, MA 02673 LEC Environmental Consultants, Inc. 12 Resnik Road, Suite 1 Plymouth, MA 02360 508-746-9491 508-746-9492 fax www.lecenvironmental.com October 22, 2019 Overnight Mail Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 RE: Notice of Intent Application [LEC File # FisC\19-323.01] 40 Constance Avenue Assessor’s Map 86, Lot 63 West Yarmouth, Massachusetts Dear Members of the Commission: On behalf of the Applicant, Kinnie Chiu, Trustee, Kinnie Chiu Living Trust, LEC Environmental Consultants, Inc. (LEC) is submitting this Notice of Intent (NOI) Application for the removal of fill and restoration of a Bordering Vegetated Wetland (BVW) at 40 Constance Avenue. The proposed work is in response to an Enforcement Order (EO) issued by the Yarmouth Conservation Commission on May 15, 2019 for “adding fill to a wetland and buffer zone”. The project involves the removal of existing fill and installation of native plantings within the BVW. The proposed project has been designed to maximize compliance with the Massachusetts Wetlands Protection Act (“Act”; M.G.L. c. 131, s. 40), its implementing Regulations (310 CMR 10.00), and the Town of Yarmouth Wetland Protection Bylaw (Chapter 143) and Wetland Protection Regulations (“Bylaw Regulations”). The proposed project and Wetland Resource Areas are depicted on the plans entitled Wetland Restoration Plan (“Plans”), prepared by Cape & Islands Engineering, dated October 16, 2019. Enclosed please find a check in the amount of $100.00 for the Bylaw fee, a check in the amount of $67.50 for the town portion of the WPA filing fees, and a check in the amount of $10.00 for the legal advertising fee. The state portion of the WPA filing fee ($42.50) has been forwarded to the MassDEP Lockbox. Thank you for your consideration of this Application. We look forward to discussing this project with you at the upcoming November 7, 2019 Public Hearing. If you have any questions, please do not hesitate to contact us at (508) 746-9491. Sincerely, LEC Environmental Consultants, Inc. Claire A. Hoogeboom Mark L. Manganello Wetland Scientist Assistant Director of Ecological Services cc: DEP/SERO; Christopher Fiset; Cape & Islands Engineering, Inc. Table of Contents PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH i. WPA Form 3- Notice of Intent ii. WPA Appendix B - Wetland Fee Transmittal Form iii. Affidavit of Service iv. Letter to Abutters v. Abutter Notification vi. Certified List of Abutters Wetland Resource Area Analysis and Report 1. Introduction 1 2. General Site Description 1 2.1 Floodplain Designation 2 2.3 Masachusetts Natural Heritage & Endangered Species Program Designation 2 3. Wetland Resource Area Descriptions 2 3.1 Bordering Vegetated Wetland 3 4. Proposed Project 3 5. Regulatory Compliance 4 6. Summary 5 Literature Referenced Appendix A Locus Maps Figure 1: USGS Topographic Quadrangle Figure 2: Aerial Orthophoto Figure 3: FEMA Flood Insurance Map Figure 4: NHESP Map Appendix B Enforcement Order Issued by the Yarmouth Conservation Commission on May 15, 2019 Appendix C Wetland Restoration Plan, Prepared by Cape & Islands Engineering, Inc., Dated October 16, 2019 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 Town of Yarmouth Wetland Protection Bylaw (Article 143) and Town of Yarmouth Wetland Protection Regulations 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): 40 Constance Avenue a. Street Address Yarmouth b. City/Town 02673 c. Zip Code Latitude and Longitude: 41° 40’ 57.864” N d. Latitude 70° 13’31.044” W e. Longitude 86 f. Assessors Map/Plat Number 63 g. Parcel /Lot Number 2. Applicant: Kinnie a. First Name Chiu, Trustee b. Last Name Chiu Kinnie Living Trust c. Organization 40 Constance Avenue d. Street Address West Yarmouth e. City/Town MA f. State 02673 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 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): Claire a. First Name Hoogeboom b. Last Name LEC Environmental Consultants, Inc. c. Company 12 Resnik Road, Suite 1 d. Street Address Plymouth e. City/Town MA f. State 02360 g. Zip Code 508-746-9491 h. Phone Number 508-746-9492 i. Fax Number choogeboom@lecenvironmental.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 Town of Yarmouth Wetland Protection Bylaw (Article 143) and Town of Yarmouth Wetland Protection Regulations Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town A. General Information (continued) 6. General Project Description: The proposed project includes the restoration of a Bordering Vegetated Wetland associated with an Enforcement Order issued by the Yarmouth Conserv ation Commission. 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 Resource Improvement 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 b. Certificate # (if registered land) 30134 c. Book 216 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 Town of Yarmouth Wetland Protection Bylaw (Article 143) and Town of Yarmouth Wetland Protection Regulations 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 204 1. square feet 204 (restoration) 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 Town of Yarmouth Wetland Protection Bylaw (Article 143) and Town of Yarmouth Wetland Protection Regulations 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 Town of Yarmouth Wetland Protection Bylaw (Article 143) and Town of Yarmouth Wetland Protection Regulations 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 Phone: (508) 389-6360 August 1, 2017 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 developmen t 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 Town of Yarmouth Wetland Protection Bylaw (Article 143) and Town of Yarmouth Wetland Protection Regulations 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 Town of Yarmouth Wetland Protection Bylaw (Article 143) and Town of Yarmouth Wetland Protection Regulations 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 Town of Yarmouth Wetland Protection Bylaw (Article 143) and Town of Yarmouth Wetland Protection Regulations 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. Wetland Restoration Plan a. Plan Title Cape & Islands Engineering b. Prepared By c. Signed and Stamped by October 16, 2019 d. Final Revision Date 1” = 20’ 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: 1257 2. Municipal Check Number 10/1/19 3. Check date 1258 4. State Check Number 8/9/19 5. Check date Foo 6. Payor name on check: First Name Chon Low 7. Payor name on check: Last Name 10/21/19 10/1/19 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: 40 Constance Avenue a. Street Address Yarmouth b. City/Town 1258 c. Check number $42.50 d. Fee amount 2. Applicant Mailing Address: Kinnie a. First Name Chiu, Trustee b. Last Name Kinnie Chiu Living Trust c. Organization 40 Constance Avenue d. Mailing Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property Owner (if different): 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 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 1d) resource improvement 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: $67.50 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.) AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.00) and the Town of Yarmouth Wetland Bylaw (Chapter 143) and Wetland Protection Regulations. I, Theresa Sarkissian, on behalf of Kinnie Chiu, Trustee, Kinnie Chiu Living Trust hereby certify under the pains and penalties of perjury that on October 23, 2019, I gave notification to abutters in compliance with the second paragraph Massachusetts General Laws Chapter 131, Section 40, and 310 CMR 10.05 (4) (a) and Town of Yarmouth Wetland Bylaw (Chapter 143) and its associated Wetland Protection Regulations. A Notice of Intent was filed under the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetland Bylaw (Chapter 143) and its associated Wetland Protection Regulations, by LEC Environmental Consultants, Inc., on behalf of Kinnie Chiu, Trustee, Kinnie Chiu Living Trust, with the Yarmouth Conservation Commission on October 23, 2019, for 40 Constance Avenue (Map 86 Parcel 63), in West Yarmouth, Massachusetts. The form of notification, and a list of the abutters to whom it was given and their addresses, are attached to this Affidavit of Service. ______________________________ 10/23/19 Theresa Sarkissian Date Permitting Technician October 23, 2019 CERTIFIED MAIL «Name» «Name2» «Address» «City» «State» «Zip» Re: Notice of Intent Application [LEC File #: FisC\19-323.01] 40 Constance Avenue Map 86, Lot 63 West Yarmouth, Massachusetts Dear Abutter: On behalf of the Applicant, Kinnie Chiu, Kinnie Chiu Living Trust, LEC Environmental Consultants, Inc., (LEC) has filed a Notice of Intent (NOI) Application with the Yarmouth Conservation Commission for the removal of fill and restoration of a Bordering Vegetated Wetland (BVW). The project involves activities within Areas Subject to Protection under Massachusetts Wetlands Protection Act (M.G.L. Ch. 131, s. 40, as amended), its implementing Regulations (310 CMR 10.00), and the Town of Yarmouth Wetland Bylaw (Chapter 143) and Wetlands Protection Regulations. The NOI Application and site plan are available for review by the public at the Yarmouth Conservation Commission. The Public Hearing is scheduled for November 7, 2019 at 6:30 p.m. at the Yarmouth Town Hall, Hearing Room, lower level, 1146 Route 28, South Yarmouth, MA. Further information regarding this application and the date and time of the public hearing will be published at least five (5) days in advance in The Register. Notice of the Public Hearing will also be posted at the Yarmouth Town Hall at least 48 hours in advance. Please do not hesitate to review the materials and/or attend the public hearing should you have questions or concerns about the proposed project. Sincerely, LEC Environmental Consultants, Inc. Claire A. Hoogeboom Wetland Scientist Enclosure Notification to Abutters Under the Massachusetts Wetlands Protection Act (310 CMR 10.00) and the Town of Yarmouth Wetland Bylaw (Chapter 143) and Wetland Protection Regulations In accordance with the second paragraph of Massachusetts General Laws, Chapter 131, Section 40, the Massachusetts Wetlands Protection Act (310 CMR 10.00) and the Town of Yarmouth Wetland Bylaw (Chapter 143) and its Wetlands Protection Regulations, you are hereby notified of the following: A. The name of the Applicant is Kinnie Chiu, Trustee, Kinnie Chiu Living Trust, 40 Constance Avenue, West Yarmouth, Massachusetts. B. The Applicants have filed a Notice of Intent (NOI) with the Conservation Commission for the municipality of Yarmouth Massachusetts for the removal of fill and restoration of a Bordering Vegetated Wetland (BVW); a Wetland Resource Area protected under the Massachusetts Wetlands Protection Act (M.G.L., c. 131, s. 40), its implementing Regulations (310 CMR 10.00), and the Town Yarmouth Wetland Protection Bylaw (Chapter 143) its Wetlands Protection Regulations (“Bylaw Regulations”). C. The address where the activity is located is 40 Constance Avenue, West Yarmouth, Massachusetts (Assessor’s Map 86, Lot 63). D. Copies of the NOI may be examined at the Yarmouth Conservation Commission office located Yarmouth Town Hall, 1146 Route 28, South Yarmouth, MA. E. Copies of the RDA may be obtained from LEC Environmental Consultants, Inc. (the applicant’s representative) by calling 508-746-9491 between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. F. Information regarding the public hearing may be obtained from the Yarmouth Conservation Commission (the regulatory agency) by calling 508-398-2231. NOTE: Notice of the Public Hearing, including its date, time, and place, will be published at least five (5) days in advance in The Register. NOTE: You also may contact the nearest Department of Environmental Protection Regional Office for more information about this application or the Wetlands Protection Act. To contact DEP, call: Southeast Region: 508-946-2700 86/ 38/ / / CAMPEDELLI JOSEPH TRS CAMPEDELLI-MANZI TERESA 425 PINECREST BEACH DR E FALMOUTH, MA 02536 86/ 39/ / / CAMPEDELLI-MANZI TERESA TRS CAMPEDELLI JOSEPH TRS 425 PINECREST BEACH DR E FALMOUTH, MA 02536 86/ 40/ / / TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH, MA 02664-4463 86/ 61/ / / THORNTON MALACHY O THORNTON CARYN F 32 CONSTANCE AVE WEST YARMOUTH, MA 02673 86/ 62/ / / KING URSULA G 36 CONSTANCE AVE WEST YARMOUTH, MA 02673 86/ 63/ / / CHIU KINNIE TRS KINNIE CHIU LIVING TRUST 40 CONSTANCE AVE WEST YARMOUTH, MA 02673 86/ 64/ / / GAUTHIER RANDOLPH 44 CONSTANCE AVE WEST YARMOUTH, MA 02673 86/ 65/ / / CARDILLO RICHARD A CARDILLO PHYLLIS P O BOX 1091 SOUTH YARMOUTH, MA 02664-7091 86/ 203/ / / MONACO MARY P 35 CONSTANCE AVE WEST YARMOUTH, MA 02673 86/ 204/ / / ST ONGE PAUL L ST ONGE RHEA D 31 CONSTANCE AVE WEST YARMOUTH, MA 02673 86/ 214/ / / PACHECO RACHAEL A 61 FLICKER LN WEST YARMOUTH, MA 02673 86/ 215/ / / PAPUGA GREGORY PAPUGA ANGELA 24 PINE TREE DR BRANFORD, CT 06405 86/ 40/ / / 86/ 65/ / / 86/ 60/ / / 86/ 59/ / /86/ 66/ / / 86/ 215/ / / 86/ 62/ / / 86/ 63/ / / 86/ 64/ / / 86/ 61/ / / 86/ 34/ / / 86/ 214/ / / 86/ 203/ / / 86/ 39/ / / 86/ 204/ / / 86/ 37/ / / 86/ 38/ / / 86/ 67/ / / 86/ 41/ / / 86/ 205/ / / 86/ 213/ / / 86/ 216/ / / 86/ 36/ / /86/ 33/ / /86/ 35/ / / 86/ 212/ / / 86/ 202/ / / 86/ 211/ / / 86/ 17.1/ / / 86/ 206/ / / 86/ 210/ / / 86/ 201/ / / 86/ 200/ / / 86/ 68/ / / 86/ 209/ / / 86/ 217/ / / 86/ 23/ / /86/ 22/ / / 86/ 58/ / / 86/ 55/ / / 86/ 199/ / / 86/ 21/ / / 86/ 20/ / / 86/ 19/ / / 86/ 18C/ / / FLICKER LANE Parcel Map ±40 Constance Avenue Yarmouth, Massachusetts October 22, 2019 0 100 20050 Feet 100' RADIUS LOCUS 2014 Aerial Orthophoto acquired from the Office of Geographic Information (MassGIS) website. LEC Environmental Consultants, Inc. Plymouth, MA 508.746.9491 www.lecenvironmental.com Notice of Intent Application 40 Constance Avenue Map 86, Parcel 63 West Yarmouth, MA Page 1 of 5 PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH 1. Introduction On behalf of the Applicant, Kinnie Chiu, Trustee, Kinnie Chiu Living Trust, LEC Environmental Consultants, Inc. (LEC) is submitting this Notice of Intent (NOI) Application for the removal of fill and restoration of approximately 204 square feet of Bordering Vegetated Wetland (BVW). The proposed work is in response to an Enforcement Order (EO) issued by the Yarmouth Conservation Commission on May 15, 2019 for “adding fill to a wetland and buffer zone” (Appendix B). The project involves the removal of existing fill and installation of native plantings within the BVW. The proposed project has been designed to maximize compliance with the Massachusetts Wetlands Protection Act (“Act”; M.G.L. c. 131, s. 40), its implementing Regulations (310 CMR 10.00), and the Town of Yarmouth Wetland Protection Bylaw (Chapter 143) and Wetland Protection Regulations (“Bylaw Regulations”). The proposed project and Wetland Resource Areas are depicted on the plans entitled Wetland Restoration Plan (“Plans”), prepared by Cape & Islands Engineering, Inc., dated October 16, 2019 (Appendix C). 2. General Site Description The site (Assessors Map 86, Lot 63) is located generally south of Old Town House Road and immediately north of Constance Avenue, within a moderately dense residential section of northeast West Yarmouth, Massachusetts (Appendix A, Figures 1 & 2). The 0.38-acre site is surrounded by residential development and forested uplands in each direction, and a Bordering Vegetated Wetland (BVW) is situated to the north. The BVW extends into the northern portion of the site and an electric easement crosses through the BVW along the northerly property line extending on a west/east axis. As depicted on the Plans, the southern portion of the site contains a single-family dwelling, paved driveway, raised garden beds, manicured lawn, and landscaping features. A chain linked fence surrounds the dwelling and garden beds, and manicured lawn extends between the fence and the BVW within the northern portion of the site. Topography is generally flat throughout the southern portion of the site, slightly sloping downgradient in a northerly direction towards the BVW. The western portion of the upland area between the fence and BVW has recently been altered and extends into a portion of the BVW as well. LEC confirmed in the field that between 16 and 28 inches of the soil surface had been mixed with clean, suitable topsoil, and native hydric and non-hydric soil profiles were observed beneath the mixed layer. Notice of Intent Application 40 Constance Avenue Map 86, Parcel 63 West Yarmouth, MA Page 2 of 5 PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH The mixed sandy loam topsoil contains decomposing organic material from the raised garden beds, and no unsuitable or contaminated soil was observed within the fill layer. The altered area contains native wildflowers and herbaceous cover, consisting of various goldenrod (Solidago spp.), smartweed (Persicaria spp.), common evening primrose (Oenothera biennis), and beggar-tick (Bidens sp.). Scattered individuals of a non-native purple sisho (Perilla frutescens) are present throughout. 2.1 Floodplain Designation Based on the Federal Emergency Management Agency Flood Insurance Rate Maps for the Town of Yarmouth, Massachusetts (Community Panel # 25001 C 0586J -Effective July 16, 2014) the entire site is mapped within Zone X (unshaded) – Areas outside of the 0.2% annual chance floodplain (Appendix A, Figure 3). 2.2 Natural Heritage & Endangered Species Program Designation According to the 14th edition of the Massachusetts Natural Heritage Atlas (valid from August 1, 2017) published by the Natural Heritage & Endangered Species Program (NHESP), the property is not located within an Estimated Habitat for Rare Wildlife or Priority Habitat of Rare Species. There are no Certified Vernal Pools and/or Potential Vernal Pools (PVP) mapped on or adjacent site (Appendix A, Figure 4). 3.0 Wetland Resource Area Description On September 20, 2019, LEC conducted a site evaluation to identify and characterize existing protectable Wetland Resource Areas located on or immediately adjacent to the property. Portions of the Bordering Vegetated Wetland (BVW) boundary was determined through observations of the existing plant communities, using the "fifty percent criteria" to determine dominance of wetland/upland vegetation, the interpretation of soil characteristics, and other indicators of wetland hydrology in accordance with the Massachusetts Department of Environmental Protection (MassDEP) handbook, Delineating Bordering Vegetated Wetlands under the Massachusetts Wetlands Protection Act (March 1995), the Field Indicators for Identifying Hydric Soils in New England (Version 4, May 2017), the criteria set forth in 310 CMR 10.55, and the Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeastern Region (2009). The critical portion of the BVW delineation in the vicinity of the fill (wetland flags A9 - A11) relied heavily on analysis of soils beneath the fill, i.e., determining whether or not the native soil profile beneath the fill layer was hydric. The boundary of the BVW was demarcated in the field with blaze orange, surveyor’s flagging tape embossed with the words “LEC Resource Area Boundary” in bold, black Notice of Intent Application 40 Constance Avenue Map 86, Parcel 63 West Yarmouth, MA Page 3 of 5 PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH print. Wetland flags associated with the BVW are numbered A1 through A11, as depicted on the attached Plans. 3.1 Bordering Vegetated Wetland (BVW) Bordering Vegetated Wetland (BVW) is defined at 310 CMR 10.55 (2) as freshwater wetlands that border on creeks, rivers, streams, ponds and lakes. The types of freshwater wetlands are wet meadows, marshes, swamps and bogs. Bordering Vegetated Wetlands are areas where the soils are saturated and/or inundated such that they support a predominance of wetland indicator plants. The boundary of Bordering Vegetated Wetland is the line within which 50% or more of the vegetational community consists of wetland indicator plants and saturated or inundated conditions exist. Furthermore, Section 3.02(2)(c) states that the boundary of a vegetated wetland is the line within which 50% or more of vegetational community consists of the wetland plant species identified in sections 3.02, (1) thru 3.02, (2), (c), (4) The undisturbed portions of the BVW are characteristic of a red maple (Acer rubrum) swamp and open marsh, and appears to be consistently inundated throughout the year. At the time of LEC’s site evaluation, standing water was observed up to the limit of disturbance and within five feet of the remainder of the undisturbed BVW boundary. As depicted on the attached Plans, wetland flags A1 through A9 demarcate the boundary of undisturbed portions of the BVW, and wetland flags A9 through A11 demarcate the disturbed boundary of BVW. In other words, the mixed sandy loam topsoil containing organic material is located within the BVW downgradient of wetland flags A9 through A11. Topography is generally flat within the undisturbed portions of the BVW. Vegetation within the undisturbed portion of the BVW is dominated by monocultures of common reed (Phragmites australis) and button bush (Cephalanthus occidentalis), with scattered individuals of mature and sapling red maple and willow (Salix spp.). Duckweed (Lemna sp.) is present throughout open water portions of the BVW. 4. Proposed Project In response to the EO issued by the Conservation Commission, the proposed project includes the restoration of 204 square feet of a BVW by removing existing fill and planting native wetland vegetation within the restoration area. The restoration area is located within the BVW immediately north of wetland flags A9 through A11. As detailed on the attached Plans, approximately 20-28 inches of fill shall be removed down to the elevation of the undisturbed wetland topsoil. Based on test pits dug during LEC’s site evaluation, it appears that the native organic layer remains undisturbed below the fill. Notice of Intent Application 40 Constance Avenue Map 86, Parcel 63 West Yarmouth, MA Page 4 of 5 PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH While it is unlikely that the restoration area would require any imported topsoil, details are provided in the Plans if it is needed to meet the existing grade of adjacent undisturbed portions of the BVW. The type of machinery required for the fill removal will be determined by the contractor hired for the work, and the fill material will be disposed of at an off-site location determined by the contractor. The wetland restoration area includes the installation of one (1) black willow (Salix nigra) and six (6) button-bush, spaced at 4-6 feet on center. A qualified wetland scientist shall oversee all restoration activities and may reject unhealthy plants upon arrival. Restoration activities within the BVW shall take place during late fall/winter or summer (i.e., when the surface water level within the BVW is low). Additionally, approximately 589 square feet of the upgradient Buffer Zone contains fill; however, the fill consists of suitable soil material and the emerging herbaceous layer is comprised of native vegetation with high wildlife habitat value. Scattered individuals of purple sisho, a non-native Asian herb, are present within the Buffer Zone and will be hand removed during the wetland restoration activities. No further activities shall take place between the existing chain linked fence and the BVW boundary without consultation with the Conservation Commission. A letter and photographs shall be submitted to the Conservation Commission following the completion of the wetland restoration activities to document the successf ul completion of restoration activities. The wetland restoration area and plantings shall be monitored in the beginning and end of two (2) growing seasons following the completion of restoration activities to document the successful establishment of 75% surface cover of indigenous wetland plant species. The health of the plantings and existing conditions within the restoration area and Buffer Zone shall be documented in a monitoring report provided to the Conservation Commission at the end of the growing season. Any corrective actions implemented during monitoring will be documented within the reports as well. 5. Regulatory Compliance The proposed restoration activities have been designed to achieve compliance with the performance standards set forth at 310 CMR 10.55(4)(b)(1) through (7) and Section 3.02(3) of the Bylaw Regulations for work within a BVW. The proposed project will restore the 204 square feet of altered BVW at a 1:1 ratio and the “replacement area” is located within the “lost area” footprint. The monitoring activities shall continue for two growing seasons following the restoration in order to confirm that the proposed Notice of Intent Application 40 Constance Avenue Map 86, Parcel 63 West Yarmouth, MA Page 5 of 5 PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH restoration area contains at least 75% surface coverage of indigenous wetland plant species. 6. Summary On behalf of the Applicant, Kinnie Chiu, Trustee, Kinnie Chiu Living Trust, LEC is submitting this NOI Application for the removal of fill and restoration of a portion of BVW located at 40 Constance Avenue in West Yarmouth. The proposed activities will restore BVW and accordingly, the proposed project has been designed to protect the interests of the Massachusetts Wetlands Protection Act (M.G.L. c. 131, s. 40), its implementing Regulations (310 CMR 10.00), and the Town of Yarmouth Wetland Protection Bylaw (Article 143) and Wetland Protection Regulations (Bylaw Regulations). Literature Referenced PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH Massachusetts Natural Heritage Atlas. August 1, 2017. Natural Heritage & Endangered Species Program, Massachusetts Division of Fisheries & Wildlife, Route 135, Westborough, MA 01581, www.state.ma.us/dfwele/dfw Massachusetts Wetlands Protection Act (M.G.L. c. 131, §. 40), www.state.ma.us/dep Massachusetts Wetlands Protection Act Regulations (310 CMR 10.00), www.state.ma.us/dep Town of Yarmouth Wetland Protection Bylaw (Article 143) https://www.ecode360.com/9083547 Town of Yarmouth Wetland Protection Regulations http://ma- yarmouth.civicplus.com/DocumentCenter/View/7769/Yarmouth-Wetland-Regulations-revised- December-2016?bidId= National Flood Insurance Program, Federal Emergency Management Agency Flood Insurance Rate Map: (Community Panel # 25001 C 0586J -Effective July 16, 2014) Appendix A Locus Maps Figure 1: USGS Topographic Quadrangle Figure 2: Aerial Orthophoto Figure 3: FEMA Flood Insurance Map Figure 4: NHESP Map ±Figure 1: USGS Topogrpahic Map 40 Constance Avenue Yarmouth, Massachusetts August 28, 2019 0 900 1,800450 Feet LOCUS LEC Environmental Consultants, Inc. Plymouth, MA 508.746.9491 www.lecenvironmental.com USGS Topographic Map acquired from the Office of Geographic Information (MassGIS) website. 1:25,000 USGS Topographic Maps - April 2001 COLBURNE PATHFLICKER LANEMELI SSA DRI VE±Figure 2: Aerial Orthophoto Map 40 Constance Avenue Yarmouth, Massachusetts August 28, 2019 0 200 400100 Feet 2014 Aerial Orthophoto acquired from the Office of Geographic Information (MassGIS) website. LEC Environmental Consultants, Inc. Plymouth, MA 508.746.9491 www.lecenvironmental.com ±Figure 3: FEMA Flood Insurance Rate Map 40 Constance Avenue Yarmouth, Massachusetts August 28, 2019 0 945 Ft LOCUS LEC Environmental Consultants, Inc. Plymouth, MA 508.746.9491 www.lecenvironmental.com USGS Topographic Map acqued from the Office of Geographic Inormatio (MassGIS) website. 1:25,000 USGS Topographic Maps - April 2001 Figure 4: NHESP Map ±40 Constance Avenue Yarmouth, Massachusetts August 28, 2019 0 900 1,800450 Feet LOCUS 2014 Aerial Orthophoto acquired from the Office of Geographic Information (MassGIS) website. LEC Environmental Consultants, Inc. Plymouth, MA 508.746.9491 www.lecenvironmental.com Appendix B Enforcement Order, Dated May 15, 2019 Appendix C Wetland Restoration Plan Prepared by Cape & Islands Engineering, Inc., Dated October 16, 2019 U.S. Postal Service'" U.S. Postal CERTIFIED MAILD RECEIPT CERTIFIED MAIL) RECEIPT Domestic Mail Only to Domestic M f1J Cerdfled Mall FeaF F i C' U S• N CertlNed Mall Fee F• F I C , Ili $ AV"t= \ �y u-1 $ rid C �l 0-' F arvices 8 Fear (checrdox, eddroev �' �' F_zba Services 8 Fens (chackbox. re) � ❑fletum PecelPt (namwpN S v ❑Return Recelpi (nanfcppN $\ C3 [I Realm Receipt (aaclrml.) 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