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HomeMy WebLinkAboutNOI pier Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 40 Mayflower Terrace, South Yarmouth Notice of Intent Proposed Pier, Ramp, and Float System Town of Yarmouth Conservation Commission September 2021 Prepared for: Peter and Kim Le 212 Marina Drive Quincy, MA 02169 BSC Job #50468.01 September 16, 2021 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Attn: Kelly Grant, Conservation Administrator RE: Notice of Intent Application, Proposed Pier, Ramp, and Float System, 40 Mayflower Terrace, South Yarmouth, MA, BSC Job #50468.01 Dear Ms. Grant and Members of the Conservation Commission: BSC Group, Inc. (BSC) is pleased to submit this Notice of Intent (NOI) Application on behalf of Peter and Kim Le (the Applicant) for the property located at 40 Mayflower Terrace, South Yarmouth, Massachusetts (the Site). The proposed project consists of the construction and installation of a fixed pier and seasonal ramp and floats to replace an existing seasonal float system (the Project). For more information, please refer to the attached Site Plans and Project Description. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protections By-law. If you have any questions or require additional information, please contact our office at (508) 778 - 8919. Truly yours, BSC Group, Inc. Hannah Raddatz Wetland Scientist cc: Department of Environmental Protection, Southeast Regional Office, 20 Riverside Drive, Lakeville, MA 02347 Division of Marine Fisheries (Southeast) – 836 South Rodney French Blvd, New Bedford, MA 02744 Yarmouth Waterways/Shellfish Advisory Committee, 424 Route 28, West Yarmouth, MA 02673 Peter and Kim Le, 212 Marina Drive, Quincy, MA 02169 TABLE OF CONTENTS Item Attachment Town of Yarmouth NOI Application Forms 1 Notice of Intent Form 2 Project Description 3 USGS Site Locus Map 4 NHESP Priority & Estimated Habitat Map 5 FEMA Map 6 Wetland Delineation Memo 7 Photo Page 8 Abutter Information 9 Shellfish Report 10 Site Plans 11 Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Rev 8/2021 Page 1 of 2 Administrative Checklist Notice of Intent General Information: All filings must be made on Town of Yarmouth forms found at www.yarmouth.ma.us/325/Conservation. The filing deadline is two weeks prior to the next scheduled Conservation Commission meeting. No new information may be accepted into the Commissioners’ packets within the week before a meeting. Failure to follow this Checklist shall result in an Administrative Incomplete Application and will not be advertised for a Public Hearing. Refer to the meeting and fee schedule. Contact the Conservation Office if you need assistance. Submitting an Application: 1 original application with original signatures (double sided). A comprehensive and detailed narrative of the project including existing & proposed conditions, construction sequence, type of equipment, staging locations, drainage and stormwater, erosion controls, invasive species management and alternative analysis. The narrative shall document how the project meets performance standards per 310 CMR 10.0 & TOY Wetland Bylaw, Chapter 143, BVW delineation sheets or other supporting information. 1 original and 7 copies of the plan, folded separately, right side out with title visible. All plans shall reference NAVD1988 unless otherwise noted. Landscape plans shall be detailed to show proposed & existing conditions, native species, size and spacing. A 100’ radius map, current abutters list and abutters notification identifying the property owners who are to be notified per 310 CMR 10.00. Abutters list must be certified by the Town Assessor’s office. The Assessor’s office requires 7 days advance notice. A pdf copy of the application, supporting information, and plan emailed to kgrant@yarmouth.ma.us. Please put the property’s street address in the pdf file name. Submit Certified Mail Receipts (PS Form 3800) for all abutters. Submit Certified Mail Receipts for Massachusetts Natural Heritage and Endangered Species Program and Massachusetts Division of Marine Fisheries. Alternatively, you may visit their websites for electronic filing information. If filed electronically, please copy kgrant@yarmouth.ma.us. Waterway’s jurisdiction – Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his/her representative must provide the Conservation office proof that this has been done or the filing will not be accepted. DEPARTMENT OF CONSERVATION x x x x x x x Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Rev 8/2021 Page 2 of 2 State filing fee: separate check, Refer to Wetland Fee Transmittal Form. By-law filing fee: separate check payable to “Town of Yarmouth”. Legal ad fee: separate check payable to “Town of Yarmouth”. (Refer to Fee Schedule at https://www.yarmouth.ma.us/696/Filing-Forms) If you are filing with MassDEP using eDEP, please include a copy of the filing confirmation with your application. If not filing via eDEP, a copy of your application, plan, and all other supporting information must be sent VIA EMAIL to DEP, Southeast Region at SERO_NOI@mass.gov with a subject line showing “YARMOUTH - NOI - Street Address - Applicant Name” and copied to kgrant@yarmouth.ma.us. We must receive a copy of this email as proof that it has been sent to DEP. DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection Box 4062 Boston, MA 02211 Other Comments: Does the proposed project meet all of the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? If so, you must file with both boards at the same time. If a vacant lot, have you completed and received a determination for the Building Department for a lot inquiry form? x x x x x Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Site Access Authorization Form General Information: If the applicant is not the property owner, please submit this form with your application. The owner must be sent a copy of the application on the same day it is filed with this office. Property Address: _____________________________________________________________ Assessors Map/Lot: _____________________________________________________________ I (we) hereby authorize the individual members of the Yarmouth Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch. 131, s. 40) and/or the Yarmouth Wetlands Protection Bylaw (Chapter 143). Authorized Signature: _______________________________________ Date: ______________ Please Print Name: _________________________________________ If other than owner, please state whether tenant, agent, or other: _____________________ Mailing Address: ________________________________________________ ________________________________________________ ________________________________________________ Phone: __________________________ Cell: __________________________ Email: __________________________ Fax: __________________________ DEPARTMENT OF CONSERVATION 40 Mayflower Terrace, South Yarmouth 110/33 Hannah Raddatz, BSC Group, Inc 8/31/2021 Agent 349 Route 28 Unit D West Yarmouth, MA 02673 508-778-8919 hraddatz@bscgroup.com wpaform3.doc • rev. 6/18/2020 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 40 Mayflower Terrace a. Street Address South Yarmouth b. City/Town 02664 c. Zip Code Latitude and Longitude: 41.695533 d. Latitude -70.176854 e. Longitude 110 f. Assessors Map/Plat Number 33 g. Parcel /Lot Number 2. Applicant: Peter and Kim a. First Name Le b. Last Name c. Organization 212 Marina Drive d. Street Address Quincy e. City/Town MA f. State 02169 g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Hannah a. First Name Raddatz b. Last Name BSC Group, Inc c. Company 349 Route 28 Unit D d. Street Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 508-778-8919 h. Phone Number i. Fax Number hraddatz@bscgroup.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $364.00 a. Total Fee Paid $169.50 b. State Fee Paid $194.50 c. City/Town Fee Paid wpaform3.doc • rev. 6/18/2020 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town A. General Information (continued) 6. General Project Description: Proposed pier, ramp and float system to replace existing seasonal system to bring system into compliance with Ch 91 Waterways and local regulations. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) 33476 c. Book 111 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 6/18/2020 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 6/18/2020 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 9 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 2 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 9 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 10 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 6/18/2020 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 Mass GIS 2021 b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review∗ 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ∗∗ (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site ∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 6/18/2020 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 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 https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). 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, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; 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@mass.gov 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@mass.gov 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. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 6/18/2020 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 6/18/2020 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By-Law, Chapter 143 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town D.Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. Plan of Land - 40 Mayflower Terrace a.Plan Title BSC Group, Inc b. Prepared By Kieran J Healy, PLS c.Signed and Stamped by 9/15/2021 d.Final Revision Date 1" = 10' 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: 5210 2.Municipal Check Number 9/2/2021 3.Check date 5211 4.State Check Number 9/2/2021 5.Check date PL Properties III, LLC 6.Payor name on check: First Name 7.Payor name on check: Last Name noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 40 Mayflower Terrace a. Street Address South Yarmouth b. City/Town 5210 c. Check number $169.50 d. Fee amount 2. Applicant Mailing Address: Peter and Kim a. First Name Le b. Last Name c. Organization 212 Marina Drive d. Mailing Address Quincy e. City/Town MA f. State 02169 g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property Owner (if different): a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Category 5 a.) Pier/Ramp/Float: 91lf 1 $4/lf $364.00 YAR bylaw fee: $182.00 ($2/lf) Advertisement Fee: $10.00 Step 5/Total Project Fee: $364.00 Step 6/Fee Payments: Total Project Fee: $364.00 a. Total Fee from Step 5 State share of filing Fee: $169.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $194.50 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Notice of Intent 40 Mayflower Terrace - Pier South Yarmouth, MA PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project at 40 Mayflower Terrace, in South Yarmouth (the Site) consists of the permitting of proposed replacement of an existing pier and float system, with a new pier, ramp, and float system into the waters of Dinah’s Pond, a tidal pond (the Project). This application is being submitted in accordance with the Massachusetts Wetlands Protection Act (WPA) and the Town of Yarmouth Wetlands Protection Bylaw (the Yarmouth Bylaw). 2.0 SITE DESCRIPTION The property located at 40 Mayflower Terrace in South Yarmouth, is bordered by private residences to the north, west, and south and by Dinah’s Pond to the east. The lot is currently developed with lawn area bordering the bank of Dinah’s Pond, a tidal waterbody, and Salt Marsh. The wetland resource areas and areas of conservation jurisdiction on or adjacent to the Site, that are protected under the Wetlands Protection Act and the Town of Yarmouth Wetland Protection Bylaw include: • Land Under Ocean (Dinah’s Pond, tidal waterbody) • Land Containing Shellfish • Salt Marsh • Coastal Beach • Coastal Bank • Land Subject to Coastal Storm Flowage (LSCSF), FEMA Flood Zone AE (elevation 9) and FEMA Flood Zone X 3.0 PROPOSED ACTIVITIES The purpose of this application is to authorize the following proposed activities: Proposed Replacement Pier, Ramp, and Float system: The proposed project at the site consists of a proposed pier, ramp, and float system (pier system) to replace a seasonal pier and float system at the edge of Dinah’s Pond. The proposed pier system will be constructed/installed to the north of the existing pier system to bring the structure into compliance with current Ch 91 Waterways Regulations and Yarmouth Wetlands Regulations, General Requirements for Pier and Float systems. The pier will now be 25 feet or more from the neighboring property to the south. The current pier system is does not have a violation against it under the amnesty permit, however, the proposed work will bring it into compliance with current regulations. A 4-foot pathway leading to the proposed walkover and pier will be cleared in forested upland areas to provide access to the structure. Clearing of shrubs and trees will be limited to the greatest extent practicable for the installation of the access path and pier system. An elevated 48’ long pier, with grid decking section, will be installed over areas of Coastal Beach and Salt Marsh. 24 sf of Salt Marsh crossed by the proposed structure will have grid decking, to allow for light penetration. A total of 8 1-foot diameter pilings will be installed to support the pier structure. In addition, a 3- foot by 10-foot seasonal ramp and two 6-foot by 33-foot floats (for a total of 198 sf of float) will be installed, with 3 1-foot diameter pilings. No pilings are proposed within Salt Marsh, 2 pilings are proposed within Coastal Beach. For additional details on the Jurisdictional Resource Areas located on this Site, please refer to the wetland delineation memo included as an attachment. Notice of Intent 40 Mayflower Terrace South Yarmouth, MA Please also see attached shellfish report for an assessment of the shellfish population noted within the area surrounding the footprint of the proposed structures. 4.0 MITIGATION All construction materials will be staged upland of all resource areas. All debris from the Site will be contained in roll-off container stored in upland areas and will be removed from the Site in a timely manner. The shellfish population is minimal in this location; however, piling installation could be completed in the winter months if needed to further reduce potential shellfish impacts. Work will be done from ½ tide to ½ tide to avoid the barge from resting on the ground at low tide. Copyright:© 2013 National Geographic Society, i-cubed 70°10'0"W 70°10'0"W 70°11'0"W 70°11'0"W 41°42'0"N41°42'0"N41°41'0"N41°41'0"NDocument Path: \\bscbos\yar\Projects-YAR\5046801\Environmental\GIS\Output\Maps\MXD\ReportMaps\40Mayflower_LOCUS_Map.mxdDate Saved: 8/31/2021 4:12:08 PM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013 National Geographic Society, i-cubed40 M AYFLOW ER TE RRACESOUTH YARMOUTH, MAUSGS Site Locu s M ap(pa ge size: 8.5 X 11) 1 inch = 1 ,6 67 fe et 0 850 1,700 Feet H Site Location kjkjkj kj kj kj kj kj kj kj kj 70°10'30"W 70°10'30"W THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source:40 MAYFLOWER TERRACESOUTH YARMOUTH, MA NHESP Map USGS 2008-2009 NHESP 2017 ESRI World Imagery ESRI World Topo±1:3 ,00 0 0 130 260 Feet 1 inch = 250 feet Legend NHESP Priority Habitats of Rare Species NHESP Estim ated Habitats of Rare Wildlife kj Certified Ver nal Pools kj Potential Vernal Pools Site Locus Date Saved: 8/31/2021 4:15:55 PMDocument Path: \\bscbos\yar\Projects-YAR\5046801\Environmental\GIS\Output\Maps\MXD\ReportMaps\40Mayflower_NHESP_Map.mxd National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 8/31/2021 at 4:00 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 70°10'53"W 41°41'54"N 70°10'16"W 41°41'28"N Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 September 16, 2021 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Attn: Kelly Grant, Conservation Administrator RE: Wetland Delineation Memo to Accompany Notice of Intent Applications, 40 Mayflower Terrace, South Yarmouth, MA BSC Job #50468.01 Dear Ms. Grant and Members of the Conservation Commission: BSC Group, Inc. (BSC) is pleased to submit this Wetland Delineation Memo to accompany the submitted Notice of Intent (NOI) Application on behalf of Peter and Kim Le (the Applicant) for the property of 40 Mayflower Terrace, South Yarmouth, Massachusetts (the Site). A wetland delineation was conducted by Hannah Raddatz, Wetland Scientist of BSC Group on November 10th, 2020 using methods approved within the Massachusetts Department of Environmental Protection Wetland Delineation Handbook (1995) and the Corps of Engineers Wetlands Delineation Manual (1987) for both properties. Before conducting field investigations, a review of the most recent DEP wetland data layers using MassGIS OLIVER, USGS Rivers and Streams layer, and DEP Wetlands Hydrologic Connections layer, as well as other relevant data layers. These data layers indicate only that there is open water associated with Dinah’s pond, a tidal waterbody. The delineation along the bank of Dinah’s pond revealed narrow areas of salt marsh dominated by Spartina alterniflora (Saltmarsh cordgrass) which immediately abut the water edge of Dinah’s pond. These areas are most wide and densely vegetated in the southern portion of the Site, where sunlight is more plentiful. Due to shading from the forested edge of the upland bank, located roughly 3 feet higher than the areas surrounding the bank Dinah’s pond, salt marsh to the north of the existing float system is narrower. As a result, areas landward of these dense areas of Spartina alterniflora have become unvegetated, aside from a few sprigs of Spartina patens (Saltmeadow cordgrass) scattered about the sandy, low laying area. This resource area is called out on the plans as a “Coastal Beach” because it could not qualify as a Salt Marsh (no consistent salt tolerant vegetation) or BVW (no freshwater vegetation and regularly flooded by salt water), and its only defining characteristics are a lack of vegetation, sediment composed largely of sand, and regular influence from tidal flooding. Although, it does not fit the definition of a Coastal Beach either because this small area, separated from Dinah’s pond by salt marsh, does not show signs of providing a sediment source for dunes, subtidal areas, or coastal areas downdrift of that area, nor does it Yarmouth Conservation Commission 9/16/2021 Page 2 show the ability to move or be influenced by tidal forces. This narrow area was likely a salt marsh before the canopy cover on the upland bank became too dense to allow for salt marsh grasses to thrive. No other resource areas, including BVW, were identified on the Site or within the areas immediately abutting the Site. If you have any additional questions, please reach out to our office at 508-778-8919. Truly yours, BSC Group, Inc. Hannah Raddatz Wetland Scientist Photo 1:View of Salt Marsh and Bank of Dinah’s Pond from the lawn area. Seasonal docks are removed and stored in upland areas. Looking Northeast Photo 2: View of approximate location of proposed pier from the edge of the upland, forest bank. Salt Marsh and unvegetated, leaf covered Coastal Beach are also shown. Looking North Site Photographs November 2020 40 Mayflower Terrace South Yarmouth, MA Page 1 Photo 3: View of Salt Marsh and Bank of Dinah’s Pond. Seasonal docks are removed and stored in upland areas. Looking south Photo 4: View of Salt Marsh, as well as Coastal Beach and upland bank (forested) landward of Salt Marsh. Area is unvegetated, underlain with sand, and subject to regular flooding. Looking south Site Photographs November 2020 40 Mayflower Terrace South Yarmouth, MA Page 2 110/ 21/ / / SMEEDY JANINE 43 MAYFLOWER TERR SOUTH YARMOUTH , MA 02664 110/ 20/ / / WERNER JOHN F YOUNG LORI A 3329 RT 20A VARYSBURG , NY 14167 110/ 22/ / / CONNELLY ROSEMARY 1 BUELL ST HANOVER , NH 03755 119/ 68/ / / SPEERS CHRISTOPHER T 651 E 14TH ST NEW YORK , NY 10009 110/ 32/ / / BURKINSHAW REGINA E TR 44 MAYFLOWER TERR SOUTH YARMOUTH , MA 02664 110/ 33/ / / LE PETER S 212 MARINA DR QUINCY , MA 02171 110/ 34/ / / LOCKE SHERYL S SHERYL S LOCKE REV TRUST 4238 ALABAMA AVE SOUTH ST LOUIS PARK , MN 55416 110/ 35/ / / BUCKLEY PAUL E JR BUCKLEY SUSAN J 1900 OCEANWALK LN APT 107 POMPANO BEACH , FL 33062 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 ___Peter and Kim Le_________________________ 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 _40 Mayflower Terr, South Yarmouth__ D. Proposed work is a pier, ramp, and float system to replace existing system. E. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2231 ext. 1288. F. Copies of the Notice of Intent may be obtained from either the applicant or applicant’s representative. Applicant’s phone number _____________________________________ Or Applicant’s representatives phone number _508-778-8919______________________ G. Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 H. Person sending this notification (applicant, representative or other) Name _Hannah Raddatz, BSC Group, Inc_______________ Address _349 Route 28, Unit D_______________________ Town _West Yarmouth______ State _MA___ Zip _02673__ Telephone __508-778-8919__________________________ NOTES : • Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. • Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. • You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application. Shellfish Survey 40 Mayflower Terrace Yarmouth, Massachusetts 1 SHELLFISH SURVEY DESCRIPTION 1.0 INTRODUCTION On April 6, 2021, Paul Mancuso and Polina Safran, Wetland Scientists of BSC Group (BSC) conducted a shellfish survey from MHW into Land Under the Ocean of Dinah’s Pond in Yarmouth, MA (the Site). The purpose of the survey was to evaluate shellfish habitat, shellfish species, and shellfish population density within the area of a proposed pier, ramp, and floats within Dinah’s Pond. This shellfish survey accompanies a Notice of Intent application for 40 Mayflower Terrace, Yarmouth, MA (the Site). 2.0 SITE DESCRIPTION Dinah’s Pond is a small salt pond that connects to the Bass River to the south and connects to Kelly’s Bay to the east. The residence at 40 Mayflower Terrace is abutted by single-family homes to the north, south, and west, with Dinah’s Pond to the east. The following resource areas are located onsite: • Land Under the Ocean • Land Containing Shellfish • Salt Marsh • Coastal Bank • Land Subject to Coastal Storm Flowage (LSCSF) 3.0 SHELLFISH INVENTORY In order to evaluate existing shellfish habitat at the site, BSC conducted a shellfish survey from the Mean Highwater (MHW) to below Mean Low Water (MLW). The weather during the survey was overcast with temperatures around 60F. The survey commenced as low tide was approaching. In order to sample for shellfish within the project area, 7 transects, located 8 feet apart (plus the distance between 4-foot wide excavated plots, resulting in a 12 distance between transects), each with either 7 plots, located 10 feet apart (beginning from the edge of the 4-foot by 4-foot plot, resulting in a distance of roughly 14 feet between plots), were conducted as follows: Transect 1 – Located 36 feet to the north of proposed pier. Extending approximately 84 feet seaward from MHW. Transect 2 – Located 24 feet to the north of proposed pier. Extending approximately 84 feet seaward from MHW. Transect 3 – Located 12 feet to the north of proposed pier. Extending approximately 84 feet seaward from MHW. Transect 4 – Located along the centerline of the proposed pier. Extending approximately 84 feet seaward from MHW. Transect 5 – Located 12 feet to the south of proposed pier. Extending approximately 84 feet seaward from MHW. Transect 6 – Located 24 feet to the south of proposed pier. Extending approximately 84 feet seaward from MHW. Shellfish Survey 40 Mayflower Terrace Yarmouth, Massachusetts 2 Transect 7 – Located 36 feet to the south of proposed pier. Extending approximately 84 feet seaward from MHW. Typically, plots would extend at least 30 feet beyond the farthest float, ramp, or other structure associated with an existing or proposed pier/dock. However, beyond roughly 84 feet, the depths and substrate conditions (deep muck) were too great for the safety of the shellfish surveyors. In all transects, plot #1 and occasionally plot #2 were within salt marsh (Spartina alterniflora), therefore these areas were only visually inspected. Plots #3 - #7 were sampled between the intertidal beach and Land Under Ocean within the Dinah’s Pond. Each plot was excavated to sample for shellfish using a standard Clam Rake, Quahog Rake. Each shellfish observed in the plot was recorded then placed back into the plot from which it came from. Figure 1: Showing approximate location of Transects and Plots for the shellfish survey at 40 Mayflower Terrace. “T” stands for Transect. The table below lists the shellfish discovered within the plots along the 7 Transects: Shellfish Survey 40 Mayflower Terrace Yarmouth, Massachusetts 3 Table 1 – Shellfish Inventory Plot – Description Shellfish Substrate and Other Observations Transect 1 – 36’ North of Proposed Pier MHW Ribbed Mussels Salt Marsh 14’ seaward of MHW 0 Sandy/ rocky 28’ seaward of MHW 0 Sandy/ rocky 42’ seaward of MHW 0 Mucky/ rocky 56’ seaward of MHW 2 cherry stone Mucky/ rocky 70’ seaward of MHW 0 Mucky 84’ seaward of MHW 1 cherry stone Mucky Transect 2 – 24’ North of Proposed Pier MHW Ribbed Mussels Salt Marsh 14’ seaward of MHW Ribbed Mussels Salt Marsh 28’ seaward of MHW 0 Sandy/ rocky 42’ seaward of MHW 1 little neck, 1 cherry stone Sandy/ mucky 56’ seaward of MHW 1 chowder, 2 little neck Mucky 70’ seaward of MHW 1 little neck Mucky 84’ seaward of MHW 0 Mucky Transect 3 – 12’ North of Proposed Pier MHW Ribbed Mussels Salt Marsh 14’ seaward of MHW Ribbed Mussels Salt Marsh 28’ seaward of MHW 0 Sandy/ rocky 42’ seaward of MHW 0 Sandy/ mucky 56’ seaward of MHW 0 Mucky 70’ seaward of MHW 1 little neck Mucky 84’ seaward of MHW 1 cherry stone Mucky Transect 4 – Centerline of Proposed Pier MHW Ribbed Mussels Salt Marsh 14’ seaward of MHW 0 Sandy/ rocky 28’ seaward of MHW 0 Sandy/ mucky 42’ seaward of MHW 1 little neck Mucky 56’ seaward of MHW 0 Mucky 70’ seaward of MHW 1 cherry stone, 1 little neck Mucky 84’ seaward of MHW 0 Mucky Transect 5 – 12’ South of Proposed Pier MHW Ribbed Mussels Salt Marsh 14’ seaward of MHW 0 Sandy/ rocky 28’ seaward of MHW 1little neck Sandy/ mucky 42’ seaward of MHW 0 Mucky 56’ seaward of MHW 1 cherry stone, 1 chowder Mucky 70’ seaward of MHW 1 cherry stone Mucky 84’ seaward of MHW 0 Mucky Transect 6 – 24’ South of Proposed Pier MHW Ribbed Mussels Salt Marsh 14’ seaward of MHW 0 Sandy/ rocky Shellfish Survey 40 Mayflower Terrace Yarmouth, Massachusetts 4 28’ seaward of MHW 0 Mucky 42’ seaward of MHW 0 Mucky 56’ seaward of MHW 1 chowder Mucky 70’ seaward of MHW 1 chowder Mucky 84’ seaward of MHW 0 Mucky Transect 7 – 36’ South of Proposed Pier MHW Ribbed Mussels Salt Marsh 14’ seaward of MHW 0 Sandy/ rocky 28’ seaward of MHW 0 Mucky 42’ seaward of MHW 1 little neck Mucky 56’ seaward of MHW 1cherry stone Mucky 70’ seaward of MHW 0 Mucky 84’ seaward of MHW 1 little neck, 1 chowder Mucky TOTAL NUMBER OF OBSERVATION PLOTS = 49 TOTAL NUMBER OF BAY SCALLOPS = 0 TOTAL NUMBER OF RIBBED MUSSELS = Mussel Beds in Salt Marsh TOTAL NUMBER OF OYSTERS = Oyster clappers observed in intertidal area TOTAL NUMBER OF QUAHOGS = 24 TOTAL NUMBER OF SOFT SHELL CLAMS = 0 TOTAL NUMBER OF RAZOR CLAMS= 0 It should also be noted that dozens of periwinkles (Littorina littorea) were documented within the intertidal sampling areas. Clumps of Ribbed Mussels (Geukensia demissa) were noted in the Salt Marsh located on Site. Oyster, Ribbed Mussel (Geukensia demissa), and Softshell clams (Mya arenaria) shells (deceased individuals) were found within the intertidal area, but no living individuals were found in any excavated plot. 4.0 TEMPORARY IMPACTS Proposed work related to the proposed pier, ramp and floats could have minor impacts on the intertidal area and Land Under the Ocean, but overall would have very limited impacts on shellfish due to the low population density and through the observance of appropriate seasonal timing.  The proposed 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 (pilings).  Pile driving work should 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 should 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:  24 individual Quahogs (Mercenaria mercenaria) were found within the 49 shellfish plots surveyed. In addition, no spat or seeds were noted across the surveyed area. Shellfish Survey 40 Mayflower Terrace Yarmouth, Massachusetts 5  Salt marsh located along the entire seaward edge of the Site and beyond MHW. These areas contained dense populations of Ribbed Mussels. Periwinkles (Littorina littorea) were noted in inundated/intertidal portions of the site.