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Home My WebLink AboutSE83-2226 NOI Filing 2-4-20TRANSMITTAL DATE: 3-2-2020 FROM: Down Cape Engineering, Inc. 939 Main Street Yarmouth Port, MA 508-362-4541 TO: Yarmouth Conservation Commission DEP, SERO RE: S. Gatto, 28 Aunt Edith's Road, South Yarmouth NOI Submittal Enclosed: • WPA Form 3 — Notice of Intent • 8 proposed site plans • Narrative • USGS • Copy of checks to Town and State • Assessors map showing locus and 100' abutters • Aerial • List of abutters • Abutter Notification Letter • Filing fees • advertising fee E Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Ll Document Transaction Number Massachusetts Wetlands ProtecttIiioon Act M.G.L. c. 131, §401 Yarmouth City/Town Important: A. General Information When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. rab ISI Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. 1. Project Location (Note: electronic filers will click on button to locate project site): 28 Aunt Edith's Road South Yarmouth 02664 a. Street Address Latitude and Longitude: 51 f.. Assessors Map/Plat Number 2. Applicant: Stephen a. First Name b. City/Town 41-39-30 d. Latitude 95 g. Parcel /Lot Number Gatto b. Last Name c. Zip Code 70-11-28 e. Longitude c. Organization 29 Royal Court d. Street Address Norwood MA 02062 e. City/Town f. State 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 f. State b. Last Name g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Daniel A. Ojala, PE, PLS a. First Name b. Last Name Down Cape Engineering, Inc. c. Company 939 Route 6A 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 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): 145.60 60.30 85.30 a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform3.doc • rev. 2/8/2018 Page 1 of 9 G 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 A. General Information (continued) 6. General Project Description: Modifications to end of existing pier; add jet ski lift 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 City/Town 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) 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 30229 c. Book b. Certificate # (if registered land) 55 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 2 of 9 IH Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Nu WPA Form 3 — Notice of Intent Document Transa Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (co Resource Area Size of Proposed Alteration Proposed Replacem a. F-1Bank 1. linear feet 2. linear feet For all projects affecting other b. F-1Bordering Vegetated Resource Areas, Wetland 1. square feet 2. square feet please attach a narrative c. ❑ 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-1Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. F1Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3, cubic feet replaced f. ® Riverfront Area ''`'s V2%Vcr 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only m ber ction Number n ❑ 100 ft. - New agricultural projects only 200 ft. - All other projects ( t,3/(- C"ra.- :a �-J _ 3. Total area of Riverfront Area on the site of the proposed project: 4. Proposed alteration of the Riverfront Area: square feet a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes ❑ No 6. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes ❑ No 3. ® Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 2/8/2018 Page 3 of 9 I t'd) ent (if any) ent (if any) ❑ 100 ft. - New agricultural projects only 200 ft. - All other projects ( t,3/(- C"ra.- :a �-J _ 3. Total area of Riverfront Area on the site of the proposed project: 4. Proposed alteration of the Riverfront Area: square feet a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes ❑ No 6. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes ❑ No 3. ® Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 2/8/2018 Page 3 of 9 n 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 City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) wpaform3.doc • rev. 2/8/2018 Page 4 of 9 Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement (if any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on your 8 receipt page) b. ® Land Under the Ocean 1. square feet with all supplementary information you 2. cubic yards dredged submit to the Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. ❑ Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. ❑ Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. ❑ Coastal Banks 1. linear feet g. ❑ Rocky Intertidal Shores 1. square feet h. ❑ Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation I. ❑ Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. ® Land Containing 8 Shellfish 1. square feet k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged I. ❑ Land Subject to 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 4 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 C. Other Applicable Standards and Requirements El Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists — Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State -Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to 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 2017 1 Rabbit Hill Road b. Date of map 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 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-revig wn. 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 ld 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/requlato[y 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(a)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(o)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 IH Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Yarmouth City/Town C. Other Applicable Standards and Requirements (cont'd) 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online Users: a. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b. ACEC number (provided on your 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water receipt page) (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? with all supplementary a. ❑ Yes ® No information you submit to the 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. ❑ Yes ® No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k) -(q) and check if: 1. ❑ Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. ❑ A portion of the site constitutes redevelopment 3. ❑ Proprietary BMPs are included in the Stormwater Management System. b. ® No. Check why the project is exempt: 1. ® Single-family house 2. ❑ Emergency road repair 3. ❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi -family housing project) with no discharge to Critical Areas. D. Additional Information ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent — Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. ® USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. ® Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 2/8/2018 Page 7 of 9 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 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. Site Plan showing the proposed modification of an existing licensed pier a. Plan Title Down Cape Engineering, Inc. Daniel A. Ojala, PE, PLS b. Prepared By c. Signed and Stamped by December 6, 2019 1" = 20' d. Final Revision Date 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: 32373 2. Municipal Check Number 32377 4. State Check Number H. 6. Payor name on check: First Name 3-2-2020 3. Check date 3-2-2020 5. Check date Vermette 7. Payor name on check: Last Name wpaform3.doc • rev. 2/8/2018 Page 8 of 9 rd Massachusetts Department of Environmental Protection Bureau of Resource Protection , Wetlands :'MassPEP Fa Number; WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Darmout.h saction.Number`:. Yarmouth 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 locati . 1. Igoe ure ofApplican 2 Date 3. Sigaaw roperty awngr (if diff en 4. Date t. Ire 3 2- 2v2� 5. 51 o epresentative (If any) 6. Date •�nl�� /�_ �� ,✓�LS ,SCG-, 1►JZ.- 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. wpaform3.doc • rev. 2/8/2018 Page 9 of 9 NOTICE OF INTENT Stephen Gatto 28 Aunt Edith's Road South Yarmouth PROJECT NARRATIVE FOR PROPOSED MODIFICATIONS TO THE END OF AN EXISTING PIER IN BASS RIVER The site consists of a new dwelling with an existing pier. The pier that was original to the site (Lic. #1655) was re -built with modifications. It was determined that the modifications fell outside the scope of what was permitted through the Conservation Commission. Consequently, the owner is now asking for different modifications to better accommodate his boat. Wetland resource areas affected by the work include: Land Containing Shellfish, Land Under Ocean and Fish Run. Most of the site is within Land Subject to Coastal Storm Flowage. A formal shellfish survey was performed by BSC; the report is enclosed as part of the filing. The proposal was brought before the Waterways Committee in February and subsequently approved. The modifications include: • Permanently removing the currently licensed ramp and float • Construction of a fixed "L" in their place with addition of permanent pilings • Slight angular change to achieve a little more depth • Add jet ski lift to landward side of fixed "L" The southerly end of the "L" will be 75' from the abutting float (3' further away than what is currently licensed), with the northerly end at 25.5' off the riparian (extended) lot line — no closer than originally permitted. The angled "L" will be 103+/- from the edge of the channel vs. the previously approved 110'. This insubstantial change allows the pier to access deeper water at low tide (3.7' depth) while not impacting navigation. Ten 12" pilings will be butt driven and not jetted, to minimize turbidity. No CCA pressure treated wood is proposed. There shall be no grounding of machinery at low tide. By constructing a permanent "L" instead of using a ramp and float, less shading of substrate is expected. The proposed "L" is actually smaller in footprint than the current licensed ramp and float configuration. These changes to the pier shall have no adverse effect on the wetland resource areas listed above. The shellfish survey was performed in October 2019 by 2 wetland scientists from BSC Group. Their conclusion was that the site "does not host a significant population of shellfish below MHW". They also found the substrate to be primarily "mucky", with only a thin veneer of sand above the muck. The area is not mapped as having eel grass beds per the report. RARE SPECIES The pier is not located in a Priority Habitat or Estimated Habitat per the 2017 mapping. In that the "L" is proposed in an area of minimal shellfish and within poor shellfish habitat, there is insignificant encroachment on the channel, it is a smaller footprint than the currently permitted float/ramp and by angling the "L", deeper water is accessed, the proposed changes at the end of the pier will have no deleterious impact upon the resource areas, navigation or public trust rights. Shellfish Survey 28 Aunt Edith's Road, Bass River South Yarmouth, Massachusetts SHELLFISH SURVEY DESCRIPTION 1.0 INTRODUCTION On October 16, 2019, Hannah Raddatz and Paul Mancuso, Wetland Scientists of BSC Group (BSC) conducted a shellfish survey from the Mean High Water (MHW) into Land Under the Ocean of the Bass River Pond in South Yarmouth, MA (the Site). The purpose of the survey was to evaluate shellfish habitat, shellfish species, and shellfish population density during a resource area evaluation of the shellfish habitat within the project area. This shellfish survey accompanies a Notice of Intent for a float extension at 28 Aunt Edith's Road in South Yarmouth, MA. 2.0 SITE DESCRIPTION The Bass River is a tidal river that drains into Nantucket Sound. The property is located northwest of the mouth of the Bass River. Several single-family homes are located along the shoreline, some with piers, ramps and floats. The following resource areas are located onsite: • Land Under the Ocean • Land Containing Shellfish • Land Subject to Coastal Storm Flowage • Coastal Beach • Salt Marsh The channel of the Bass River does contain areas mapped as NHESP Estimated and Priority Habitat, but does not contain Areas of Critical Environmental Concern of DEP mapped eelgrass beds according to MassGIS. 3.0 SHELLFISH INVENTORY In order to evaluate existing shellfish habitat at the site, BSC conducted a shellfish survey from the edge of Mean High Water to below Mean Low Water (MLW). During the survey, the weather was clear, with light winds and temperatures in the low 50's. The survey commenced as the tide approached MLW and was completed as the tide began to rise above MLW toward MHW. In order to sample for shellfish within the project area, 6 transects (10 feet apart), each with 6 plots (20 feet apart and sized at T by 3'), were conducted as follows: • Transect 1 - Located 60 feet to the southwest of existing pier structure. Extending 100 feet seaward from MHW. • Transect 2 - Located 50 feet to the southwest of existing pier structure. Extending 100 feet seaward from MHW. • Transect 3 - Located 40 feet to the southwest of existing pier structure. Extending 100 feet seaward from MHW. • Transect 4 - Located 30 feet to the southwest of existing pier structure. Extending 100 feet seaward from MHW. • Transect 5 - Located 20 feet to the southwest of existing pier structure. Extending 100 feet seaward from MHW • Transect 6 - Located 10 feet to the southwest of existing pier structure. Extending 100 feet seaward from MHW. Shellfish Survey 28 Aunt Edith's Road, Bass River South Yarmouth, Massachusetts Plots which fell within salt marsh were left undisturbed, but were visually inspected for shellfish. All other plots were sampled seaward of Mean Low Water in water depths of 1 foot to 4.5 feet. Surveying for shellfish beyond 100 feet would have posed a safety risk to the surveyors. Each plot was excavated to sample for shellfish using either a standard Clam Rake, Quahog Rake, or visual inspection. Each shellfish discovered in the plot was counted then replaced back into the plot from which it came from. The table below identifies the shellfish discovered within the plots along the 6 Transects: Table 1- Shellfish Inventory Plot - Description Shellfish Substrate and Other Observations Transect 1- 60 feet to the southwest of existin ier structure MHW Line 0 Sand 20' from MHW Line 2 Oysters Sand/Muck 40' from MHW Line 0 Sand Muck 60' from MHW Line 0 Sand/ Muck 80' from MHW Line 0 Sand/ Muck 100' from MHW Line 0 Sand Muck Transect 2 - 50 feet to the southwest of existinj pier structure MHW Line N/A Salt Marsh S. alterni ora 20' from MHW Line N A Salt Marsh S. alterni ora 40' from MHW Line 0 Sand/ Muck 60' from MHW Line 0 Sand Muck 80' from MHW Line 0 Sand Muck 100' from MHW Line 0 Sand Muck Transect 3 - 40 feet to the southwest of existin pier structure MHW Line N/A Salt Marsh S. alterni ora 20' from MHW Line N A Salt Marsh S. alterni ora 40' from MHW Line 2 Oysters Sand Muck 60' from MHW Line 0 Sand Muck 80' from MHW Line 0 Sand Muck 100' from MHW Line 0 Sand Muck Transect 4 - 30 feet to the southwest of existin pier structure MHW Line N/A Salt Marsh S. alterni ora 20' from MHW Line N/A Salt Marsh S. alterni ora 40' from MHW Line 0 Sand Muck 60' from MHW Line 0 Sand Muck 80' from MHW Line 0 Sand Muck 100' from MHW Line 3 Quahogs Sand Muck Transect 5 - 20 feet to the southwest of existin pier structure MHW Line N/A Salt MarshS. alterni ora 20' from MHW Line N/A Salt Marsh S alterni ora 40' from MHW Line 2 Oysters Sand Muck 60' from MHW Line 0 Sand Muck 80' from MHW Line 0 Sand Muck 100' from MHW Line 0 Sand Muck Transect 6 -10 feet to the southwest of existing pier structure Shellfish Survey 28 Aunt Edith's Road, Bass River South Yarmouth, Massachusetts MHW Line N/A Salt Marsh (S. alterni ora) 20' from MHW Line NIA Salt Marsh S, alterni ora 40' from MHW Line 0 Sand/ Muck 60' from MHW Line 0 Sand/ Muck 80' from MHW Line 0 Sand Muck 100' from MHW Line 1 Quahog I Sand/ Muck TOTAL NUMBER OF OBSERVATION PLOTS = 36 TOTAL NUMBER OF BAY SCALLOPS = 0 TOTAL NUMBER OF RIBBED MUSSELS = Clumps Found at MHW in Salt Marsh TOTAL NUMBER OF OYSTERS = 6 TOTAL NUMBER OF QUAHOGS = 4 TOTAL NUMBER OF SOFT SHELL CLAMS = 0 TOTAL NUMBER OF RAZOR CLAMS= 0 Note: Pockets of Ribbed Mussels (Geukensia demissa) found mostly at the edge of Salt Marsh. 4.0 TEMPORARY IMPACTS Installation of the float extension could have temporary minor impacts (turbidity) on the intertidal area and Land Under the Ocean if additional pilings are needed, but overall would have very limited impacts on shellfish due to the low population density. Access for activities may be gained from various Boat Launch's on the Bass River. Piling work could occur during the fall/winter/early spring months when shellfish life cycle activity is reduced. During the winter, shellfish live at increased depths in the tidal bottom with reduced metabolism. Therefore, only minimal impacts to shellfish habitat are expected. Pile driving will occur from a barge at mid to high tide to prevent the barge from running aground. If necessary, existing shellfish could be dug and relocated from the site. However, based on this shellfish survey this may not be necessary since a small population of shellfish were located near the work area. 5.0 SUMMARY BSC's shellfish survey identified the following: The survey results indicate that the site does not host a significant population of shellfish below MHW. Very few living quahogs were found, though many dead quahogs and shell fragments were found between 80-100 feet seaward of MHW. No spat or seeds were noted across the survey Site. The substrate within the plot was largely mucky with only a few inches of sand over -topping. The strip of salt marsh is located below MHW contained a population of Ribbed Mussels. A few Oysters were also found in plots 20-40 feet from MHW and could be easily avoided by the proposed project. Photo 1: View of pier and float system from edge of salt marsh. Facing East. Photo 2: View of pier and float system from salt marsh overlooking the majority of the shellfish surveying site. Facing Northeast. Site Photographs October 15, 2019 Bass River — 28 Aunt Edith's Road Shellfish Survey Page 1 ;I BSC GROUP Photo 3: View of mussel bed at the edge of salt marsh. Facing northwest. Photo 4: View of Transect 1, Plot 2 Oysters near Mean Low Water. Site Photographs October 15, 2019 Bass River —28 Aunt Edith's Road Shellfish Survey Page 2 BSC GROUP Massachusetts Department of Environmental Protection LJ)Bureau of Resource Protection - Wetlands N0 Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When A. Applicant Information filling out forms on the computer, 1. Location of Project: use only the tab key to move your 28 Aunt Edith's Road South Yarmouth cursor - do not a. Street Address b. City/Town use the return key. 32377 $60.30 c. Check number d. Fee amount r�5 2. Applicant Mailing Address: Stephen Gatto mam a. First Name b. Last Name c. Organization 29 Royal Ct. d. Mailing Address Norwood MA 02062 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 b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate B. Fees filing fees, refer to the category fee list and Fee should be calculated using the following process & worksheet. Please see Instructions before examples in the filling out worksheet. instructions for filling out WPA Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Form 3 (Notice of Intent). Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf. doe • Welland Fee Transmittal Form • rev. 10111 Page 1 of 2 ILIMassachusetts 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 ier modifications C. Submittal Requirements Step 2/Number Step of Activities 3/Individual Activity Fee 364' xU00 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 $145.60 $145.60 a. Total Fee from Step 5 $60.30 b. 1/2 Total Fee less $12.50 $85.30 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 roWNI NousF 1 oAot•• 57 a �`ZC1 / Q;RP Re6lonaClLgh Scis � r-' J �11 ' f ---t • Salt Box 3 / c C , Beachp _h as Lcrb�'' s �v a G7•a7trl .rc• /h/ �./t�. Tidal Feral- � o•�f pP j. 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' a . 9 91 01.36 AC R2 98 9rF O .46 C 84A 6"'f' C 0 5 A ? ? 102.1 1.32 AC O pyo � 102.3 7 !� 1,54 AC 0.89 A 104 `� 96 102.2 ry^� O.SLA 9 07 AC 1.33 AC P/O P/O -43-24 105 9T O - ------------ - - - - - - N TAX MAP 200 ::J Feet E TOWN OF YARMOUTH ` w f BARNSTABLE COUNTY, MASSACHUSETTS 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 Stephen Gatto 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 28 Aunt Edith's Road D. Proposed work is modifications to end of existing pier 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: c/o Down Cape Engineering, Inc. 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. 51/ 92/ ACHESON ELEANOR D HEWITT EMILY C 425 8TH ST NW APT 1129 WASHINGTON, DC 20004 51/ 90/ ACHESON DAVID C JR ACHESON E D AND P W 425 8TH ST NW #1129 WASHINGTON, DC 20004 511 94/ WESTMORELAND ROSAMOND W TR ROSAMOND WESTMORELAND FAMILY TRU 473 SOUTH BEDFORD DR BEVERLY HILLS, CA 90212 51/ 95/ NORWOOD LDK LLC 100 RIVER RIDGE DR SUITE 206 NORWOOD , MA 02062 51/ 97/ WILLSEY LANCE WILLSEY PAMELA J 1 NEWBROOK CIR CHESTNUT HILL, MA 02167 51/ 98/ WILSCHUT ROY TR ROY WILSCHUT REV LVG TRUST 17 AUNT EDITHS RD SOUTH YARMOUTH, MA 02664 51/ 96/ AUNT EDITH'S RD ASSOC INC C/O HOLLY BRODERICK 1 AUNT EDITHS RD SOUTH YARMOUTH, MA 02664 51/ 91/ ACHESON DAVID C JR ACHESON E D AND P W 425 8TH ST NW #1129 WASHINGTON, DC 20004 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 28 Aunt Ediths Rd., South Yarmouth, MA 02664 Assessors Map 51, Lot 95 Andy Magodo, Director of Assessing