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Home My WebLink AboutNOITRANSMITTAL DATE: 2/19/2020 FROM: Down Cape Engineering, Inc. 939 Main Street Yarmouth Port, MA 508-362-4541 TO: Yarmouth Conservation Commission DEP, SERO RE: Killion NO] Submittal Enclosed: • WPA Form 3 — Notice of Intent • 8 proposed site plans • Narrative by Wilkinson Ecological Design • USGS • Copy of checks to Town and State • Assessors map showing locus and 100' abutters • List of abutters • Abutter Notification Letter • Filing fees • advertising fee • Restoration Diagram by Wilkinson Ecological Design 2 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 Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Port Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. tab ICI Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. City/Town A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 10 Marsh Point Yarmouth Port 02675 a. Street Address b. City/Town c. Zip Code Latitude and Longitude: 41-43-12.8 70-13-27.4 d. Latitude e. Longitude 149 68 f. Assessors Map/Plat Number g. Parcel /Lot Number 2. Applicant: Thomas and Rebecca Killion a. First Name b. Last Name c. Organization 10 Marsh Point d. Street Address Yarmouth Port e. City/Town MA f. State 02675 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 c. Organization d. Street Address e. City/Town h. Phone Number 4. Representative (if any): Daniel A. 5 b. Last Name f. State i. Fax Number j. Email address a. First Name Down Cape Engineering, Inc. c. Company 939 Route 6A Ojala, PE, PLS b. Last Name g. Zip Code d. Street Address Yarmouth Port MA 02675 e. City/Town f. State g. Zip Code 508-362-4541 508-362-9880 downcape@downcape.com h. Phone Number i. Fax Number j. Email address Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): 500.00 237.50 262.50 a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform3.doc • rev. 2/8/2018 Page 1 of 9 0 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 Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Yarmouth Port City/Town A. General Information (continued) 6. General Project Description: The proposed ecological restoration activities includes vegetation management to remove invasive, non-native and aggressive plant species and conservation of the existing native vegetation within the project area. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. ❑ Single Family Home 3. ❑ Commercial/Industrial 5. ❑ Utilities 7. ❑ Agriculture (e.g., cranberries, forestry) 9. ® Other 2. ❑ Residential Subdivision 4. ❑ Dock/Pier 6. ❑ Coastal engineering Structure 8. ❑ Transportation 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) Ecological Restoration Llmited Project, 310 CMR 10.24(8)(e)(3) 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 c. Book 213976 Lot 7 LCP 36175-B b. Certificate # (if registered land) 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 8.3, 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 2 of 9 rd Massachusetts Department of Environmental Protection Provided by MassDEP Bureau of Resource Protection - Wetlands MassDEP File Nu WPA Form 3 — Notice of Intent Document Transac Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Port City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (co Resource Area Size of Proposed Alteration Proposed Replacem a. ❑ Bank 1. linear feet 2. linear feet For all projects affecting other b. F-1BorderingVegetated 7115 7115 Resource Areas, Wetland 1. square feet 2. square feet please attach a narrative c. Fl Land Under 1. square feet 2. square feet explaining how Waterbodies and the resource Waterways area was 3. cubic yards dredged delineated. Resource Area Size of Proposed Alteration Proposed Replacem d. F] Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. F-1IsolatedLand Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced White's Brook (coastal) f. ® Riverfront Area 1. Name of Waterway (if available) specify coastal or inland 2. Width of Riverfront Area (check one): El 25 ft. - Designated Densely Developed Areas only El 100 ft. - New agricultural projects only ® 200 ft. - All other projects m ber tion Number n 3. Total area of Riverfront Area on the site of the proposed project: 16,900+/ - square feet 4. Proposed alteration of the Riverfront Area: 9200 4200 5000 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? 3. ® Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section 113.21 above. 041111- ■ 110 wpaform3.doc • rev. 2/8/2018 Page 3 of 9 t'd) ent (if any) ent (if any) 3. Total area of Riverfront Area on the site of the proposed project: 16,900+/ - square feet 4. Proposed alteration of the Riverfront Area: 9200 4200 5000 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? 3. ® Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section 113.21 above. 041111- ■ 110 wpaform3.doc • rev. 2/8/2018 Page 3 of 9 El Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Port Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. City/Town own 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. 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 c. ❑ Barrier Beach d. ❑ Coastal Beaches e. ❑ Coastal Dunes f. ❑ Coastal Banks g. ❑ Rocky Intertidal Shores h. ® Salt Marshes I. ❑ Land Under Salt Ponds j. ❑ Land Containing Shellfish k. ❑ Fish Runs 2. cubic yards dredged Indicate size under Coastal Beaches and/or Coastal Dunes below 1. square feet 1. square feet Size of Proposed Alteration 1. linear 2. cubic yards beach nourishment 2. cubic yards dune nourishment Proposed Replacement (if any) 1. square feet 0 1. square feet 2. sq ft restoration, rehab., creation 1. square 2. cubic yards dredged 1. square feet 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 6900+/ - 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 5. ❑ Project Involves Stream Crossings a. number of new stream crossings b. square feet of Salt Marsh b. number of replacement stream crossings wpaform3.doc • rev. 2/8/2018 Page 4 of 9 El 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 Port 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 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 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 (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. 2/8/2018 Page 5 of 9 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 2 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth Port 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/re-qulato[y 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, httD://www.mass.aov/dfwele/dfw/nhesp/requlatory 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(o).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(a)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 6 of 9 0 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 Port 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. 2/8/2018 Page 7 of 9 M 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 Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Port City/Town D. Additional Information (cont'd) 3.0 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. Site Plan of #10 Marsh Point a. Plan Title Down Cape Engineering, Inc. Daniel A. Ojala, PE, PLS b. Prepared By c. Signed and Stamped by November 25, 2020 1" = 20' d. Final Revision Date e. Scale Restoration Diagram by Wilkinson Ecological Design 1/09/2020 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 �. ❑ 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: 32302 2. Municipal Check Number 32305 4. State Check Number H. 2/5/2020 3. Check date 2/5/2020 5. Check date Vermette 6. Payor name on check: First Name 7. Payor name on check: Last Name wpaform3.doc • rev. 2/8/2018 Page 8 of 9 rd Massachusetts Department of Environmental Protection Provided by MaSSDEP Bureau of Resource Protection - Wetlands �MassDEP Fiie�Number WPA Form 3 - Notice of Intent Document Transaction_ Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Port City/town 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 applicant 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.L. 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. 1. Signature of Applicant 2. Date 5. Signature GtBepresentative (if any)/ At,rW,1— A -- p� --' 4. Date ,�? , �? 6. Date 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 city/town 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 NOI 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. wpaformldoc • rev. 2/8/2018 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 Document Transaction Number Appendix A: Ecological Restoration Limited Yarmouth (Port) Project Checklists 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 ermanent 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. VQ (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 ❑ The magnitude and significance of the benefits of the Ecological Restoration Project in improving or ordinance. 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 2/8/2018 Notice of Intent Appendix A. Ecological Restoration Limited Project Eligibility Checklists Page 1 of 16 ILI Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Provided by MassDEP: MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Appendix A: Ecological Restoration Limited Yarmouth (Port) Project Checklists City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 2 of 16 Massachusetts Department of Environmental Protection Providedliy MassDEP: Bureau of Resource J*Protection - Wetlands MassDEP File Number WPA Form — Notice of Intent Document Transaction Number Appendix A: Ecological Restoration Limited Yarmouth (Port) Project Checklists 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.) 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. jZ 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 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 3 of 16 ILI 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 Yarmouth (Port) Project Checklists City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 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 218(2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 4 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands PA Form 3 — Notice of Intent Provided by MassDEP: MassDEP File Number Document Transaction Number Appendix A: Ecological Restoration Limited Yarmouth (Port) Project Checklists 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): Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists - noiappa.doc •rev 2/8/2018 Page 5 of 16 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number A Form 3 — Notice of IntentILI Document Transaction Number Appendix A: Ecological Restoration Limited Yarmouth (Port) Project Checklists 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 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 6 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Provided by MassDEP: MassDEP File Number WPA Form 3 ® Notice of Intent Document Transaction Number Appendix A: Ecological Restoration Limited Yarmouth (Port) Project Checklists 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.) 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 insignificant 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 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 7 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands PA Form 3 — Notice of Intent Provided by MassDEP: MassDEP File Number Document Transaction Number Appendix A: Ecological Restoration Limited Yarmouth (Port) Project Checklists 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 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 8 of 16 Massachusetts Department of Environmental Protection Provided by'MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number P Fort � e 3 — Notice of Intent Document Transaction Number Appendix A: Ecological Restoration Limited Yarmouth (Port) Project Checklists 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 2!8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 9 of 16 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands VV A Form 3 — Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131 Required Actions (310 CMR 10.11) Provided by MassDEP' MassDEP File Number Document Transaction Number Yarmouth (Port) City/Town 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/mega/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/regulato[y review/mesa/mesa fee schedule.htm) noiappa.doc • rev 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 10 of 16 Massachusetts Department of Environmental Protection Provided by MassDEP ILIBureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Appendix A: Ecological Restoration Limited Yarmouth (Port) Project Checklists City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Required Actions (310 CMR 10.11) (cont.) 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/dfq/dfw/natural-heritage/regulatory-review/mass- endan angered -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 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists - Page 11 of 16 Massachusetts Department of Environmental Protection Provided by MassDEP: �B/u�reau/�of Resource Protection - Wetlands MassDEP File Number �►V PA or — Notice of Intent Document Transaction Number Appendix A: Ecological Restoration Limited Yarmouth (Port) Project Checklists City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Required Actions (310 CMR 10.11) (cont.) ❑ 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 mil/Portals/74/docs/requlatoty/StateGeneralPermits/NEGP/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/dfq/dmf/publications/technical.html] ❑ 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 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 12 of 16 Massachusetts Department of Environmental Protection ILIBureau 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 836 South Rodney French Blvd. New Bedford, MA 02744 Email: DMF.EnvReview-South(c state.ma.us Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth (Port) 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(c-)state.ma.us ❑ Division of Fisheries and Wildlife — http://www. massgov/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 Pq 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 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 13 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 Yarmouth (Port) Project Checklists City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Required Actions (310 CMR 10.11) (cont.) Areas of Critical Environmental Concern (ACECs) 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. M List the titles and dates for all plans and other materials submitted with this NOI. Site Plan of #10 Marsh Point a. Plan Title Down Cape Engineering, Inc. b. Prepared by 11/25/2019 Daniel A. Ojala, PE, PLS c. Signed and Stamped by 1"=20' d. Final Revision Date e. Scale Restoration Diagram 1/09/2020 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. M Attach NOI Wetland Fee Transmittal Form. noiappa.doc • rev 218!2018 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 — Notice of Intent Document Transaction Number Appendix A: Ecological Restoration Limited Yarmouth (Port) Project Checklists 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 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Pa 15 of In 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 Yarmouth (Port) Project Checklists Cityrrown 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 I 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. I further certify that I possess the authority to undertake the proposed activities. Signature of Applicant or Authorized Agent' Printed Name of Applicant or Authorized Agent 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 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists Page 16 of 16 Commonwealth of Massachusetts Notice of Intent for an Ecological Restoration Limited Project MEPA/Environmental Monitor 100 Cambridge Street, Suite 900 Boston, MA 02114 617-626-1020 PUBLIC NOTICE OF Notice of Intent for an Ecological Restoration Limited Project PROJECT: The proposed ecological restoration activities includes vegetation management to remove invasive, non-native, and aggressive plant species and conservation of the existing native vegetation within the project area. Resource areas within the project include Bordering Vegetated Wetland and Land Subject to Coastal Storm Flowage. LOCATION: #s 4 and 10 Marsh Point, Yarmouth Port (Assessors Map 149, Parcels 69 & 68) PROPONENTS: #4 Marsh Point: Kathy Fargo and #10 Marsh Point: Thomas and Rebecca Killion The undersigned will submit a Notice of Intent for an Ecological Restoration Limited Project as required under 310 CMR 10.11 to the Yarmouth Conservation Commission on 2/20/2020 for a 3/5/2020 public hearing, beginning at 6:30 pm at the Town of Yarmouth Hearing Room, 1146 Rte. 28, South Yarmouth, MA This posting in the Environmental Monitor satisfies 310 CMR 10.11. Copies of this Notice of Intent for an Ecological Restoration Limited Project may be reviewed and/or provided by: Down Cape Engineering, Inc. 939 Route 6A Yarmouth Port, MA 02675 508-362-4541 NOTICE OF INTENT #s 4 and 10 Marsh Point Yarmouth Port Introduction These 2 abutting properties are improved with single family dwellings. The sites are affected by various wetland resource areas to include Salt Marsh, Bordering Vegetated Wetland and Land Subject to Coastal Storm Flowage (LSCSF). All work will occur landward of Mean High Water. The proposed work consists of Phragmites and non-native species removal and management, with the ultimate goal of restoration and encouragement of native plant species. A plan, report and methodology are enclosed as part of this filing, prepared by Wilkinson Ecological Design. Down Cape Engineering Inc. provided surveying services and the existing conditions base plan as part of the project. Compliance with the MA Wetlands Protection Act and Yarmouth Bylaw Chapter 143 Regulations: The Bordering Vegetated Wetland, as flagged by Brad Hall of BLH Environmental Consultants, and portions of the Salt Marsh have been invaded by Phragmites and non-native species. Wilkinson Ecological Design was hired by the Applicants to provide invasive removal and natives restoration, as well as to provide a management plan. The removal of the Phragmites and non -natives will temporarily disturb the Bordering Vegetated Wetland and a small area of Salt Marsh as depicted on the Restoration Diagram prepared by Wilkinson Ecological Design. Ultimately, the concurrent restoration efforts will enhance the resource areas as protected under the Act. The work will have no deleterious effects upon LSCSF. No fill is proposed. RARE SPECIES None of the work will take place within Priority/Estimated Habitat per the most current map dated 2017. ALTERNATIVES ANALYSIS The alternative would be to do nothing, which will only encourage the Phragmites and non -natives to continue to out -compete the native vegetation. Eliminating the invasive vegetation, augmenting the native plantings as well as encouraging the native vegetation to re -colonize will provide a net benefit for wildlife and the wetland resource areas protected under the Act. -1- WILKINSON ECOLOGICAL DESIGN 28 Lots Hollow Road I Orleans, MA 02653 Tel:(508)255-1113 I Fax:(508)255-9477 PHRAGMITES AND INVASIVE PLANT MANAGEMENT PROTOCOL 10 Marsh Point, Yarmouth Port January 09, 2020 INTRODUCTION The proposed project at 10 Marsh Point includes 7,115 square feet of vegetation management to remove invasive phragmites (Phragmites australis) and any additional non-native, invasive, and aggressive plant species from the Bordering Vegetated Wetland (BVW). Non-native, invasive, and aggressive plant species include phragmites, mugwort, gray willow, shrub honeysuckle, and other non-native plant species. Removal of the invasive and non-native plant species will release the existing native seed bank to revegetate the project area. MANAGEMENT PROTOCOL Access for management activities will be from the driveway at 4 Marsh Point, with permission from the property owner, and across the lawn to the project area at 10 Marsh Point. Management of the phragmites will begin with mowing of the dead stalks in late winter 2019/early spring of 2020 to allow for more efficient management later in the season. Following the initial mow, two treatment methods for the phragmites are proposed depending on the site conditions and time of year the work begins, The mow and wipe method will be utilized if work begins in the summer and water levels are low enough. With this method, the phragmites will be mowed within six inches of the ground to allow for more effective treament. After the phragmites reaches an optimal height, treatment using glyphosate -based herbicide (approved for use in wetlands) will then be applied directly to the stems using a mechanical weed wiper. The bundle cut and wipe method will be utilized if work begins in the fall and water levels are higher. The phragmites will be tied in bundles, cut, and herbicide will then be applied directly to the exposed stems. Spill -proof containers will be used, and all best management practices (BMPs) will also be followed. Both methods of treatment are targeted to individual stems, therefore, they do not produce any potential over -spray or drift associated with typical foliar herbicide applications. All herbicide application will be performed by Massachusetts licensed applicators. Management is proposed for additional non-native, invasive, and aggressive plant species, including gray willow and other non-native plant species within the project area. Treatment will consist of selective herbicide application using the "cut and wipe" method to treat individual stems, and low foliar application only where necessary. All herbicide application will be performed by Massachusetts licensed applicators. No restoration planting is proposed following functional eradication of the phragmites. In WED's experience, following phragmites management, existing native plant species and native seed bank quickly revegetate wetlands. ONGOING MAINTENANCE If phragmites is observed re -sprouting during seasons two and three following initial treatment, it is proposed for management using the "cut and wipe" method. It is expected that treatments will be repeated two to five times per season, as needed, in late summer and fall. Treatment of additional invasive plants, to prevent re-establishment is dependent on species, size, and environmental conditions, will consist of hand removal or low-volume spot application where necessary. Invasive plants generally take three to five years of active management to reach a level of successful control. Following the fall of year three, the management plan should be assessed and re-evaluated. Minimal maintenance to control phragmites should be an ongoing condition subsequent to the closing of the Order of Conditions. Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth Port b. City/Town 237.50 d. Fee amount Killion b. Last Name c. Organization #10 Marsh Point d. Mailing Address Yarmouth Port MA 02675 e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property Owner (if different): a. First Name c. Organization d. Mailing Address e. City/Town h. Phone Number I. Fax Number b. Last Name j. Email Address f. State g. Zip Code 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. 10111 Page 1 of 2 A. Applicant Information Important: When filling out forms on the computer, 1. Location of Project: use only the tab key to move your #10 Marsh Point cursor - do not a. Street Address use the return key. 32305 c. Check number rad 2. Applicant Mailing Address: Thomas & Rebecca aam a. First Name Yarmouth Port b. City/Town 237.50 d. Fee amount Killion b. Last Name c. Organization #10 Marsh Point d. Mailing Address Yarmouth Port MA 02675 e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property Owner (if different): a. First Name c. Organization d. Mailing Address e. City/Town h. Phone Number I. Fax Number b. Last Name j. Email Address f. State g. Zip Code 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. 10111 Page 1 of 2 Massachusetts Department of Environmental Protection ILIBureau 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 Ecoloqical Restoration Proiect C. Submittal Requirements Step 2/Number Step of Activities 3/Individual Activity Fee 1 Fnn nn Step 5/Total Project Fee: Step 6/Fee Payments: Total Project Fee: State share of filing Fee: City/Town share of filling Fee: Step 4/Subtotal Activity Fee 471I11][III; 500.00 500.00 a. Total Fee from Step 5 237.50 b. 1/2 Total Fee less $12.50 262.50 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. 10111 Page 2 of 2 0.4 AC '•21.44 AC 1 ' _21 S' 0. A 1 ` 52 Q.� ,✓ / ,,/\ _ - _21.40 AC. 46 0.39 AC - , ( ` cak1M OF'M�jSS 1 .9 49 J 4�Al 0.3 C 47 3.60 AC AC P/O 149-52 .O 0.34A' 48 y C TOWN OF YARMOUTH �- 39A 0.50 C 'P� •34 s LANDBANK 41 3 0.3 A V 47 per\\ O 50 3 0 C ,y .35A C QQp 0.57 AC040. c BRCLF 29 ///�// 0.32, 7/ IO / 57 �� - 25 DD��c 3".� 28O 41 AC 3� 0. AC 26 I TOWN OF YAWtkOOT}} 0.37 C Q- 6 6 �p CONSEtiVATION 2 36 S � I Ip i6 v 0,3 C 59 dg 0.3 J0.27 0.4 C 2 - -------- 0.\ �/� ��//w A 54 0. C 0.4 0.73 AC O 27 0" 1 6g / nkva,v 4 I 63 ��•��,�7 64 O / 6.10AC� J 0,50 AC i r 67 _ L_ i zOcy RA 73 43 C AC 3 oCy U 0. c 7z p osoAC r I Oso, 1 0.92 Ac \ 0.51 AC 7 69 (f _ 76 0.66 AC Q 0.84 AC 77 7 0.73 AC 79 0.6 AC LooKouT 722 176 ; 770 ROAD --- / 704 -94ACr QW 84 �g03��\ q \ I O 0.47 AC 0' V Qf Z V j 0.55 AC AC Q 86 ? / 0.46 v 0.482 N 30 - 0. 1 C � 141-3 AC N TAX MAP °° 50 0 '°° Z°° TOWN OF YARMOUTH Feet W E BARNSTABLE COUNTY, MASSACHUSETTS 6 , 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: Thomas and Rebecca Killion 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: 10 Marsh Point D. Proposed work is: ecological restoration activities including vegetation management to remove invasive, non-native and aggressive plant species and conservation of existing native vegetation 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: 508-362-4541 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: Daniel A. Ojala, PE, PLS Address: Down Cape Engineering, Inc. 939 Route 6A Yarmouth Port, MA 02675 Telephone: 508-362-4541 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. 149/ 53/ / / 149/ 68/ / / 149/ 69/ / / TOWN OF YARMOUTH KILLION THOMAS J III FARGO KATHLEEN M TRS 1146 ROUTE 28 10 MARSH POINT 4 MARSH POINT SOUTH YARMOUTH, MA 02664-4463 YARMOUTH PORT, MA 02675 YARMOUTH PORT, MA 02675 149/ 66/ / / AINLEY CHRISTOPHER J TRS 10163 BAYWOOD CT LOS ANGELES, CA 90077 149/ 67/ / / AINLEY CHRISTOPHER 25 LOCH RANNOCH WAY YARMOUTH PORT, MA 02675 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 10 Marsh Point, Yarmouth Port, MA 02675 Assessors Map 149, Lot 68 Andy MacX'ado, Director of Assessing 149/ 70/ / / GONZALEZ MARIO A 20 LOCH RANNOCH WAY YARMOUTH PORT, MA 02675