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Home My WebLink AboutNOICOASTAL August 18, 2022 engineering co. C18543.00 Yarmouth Conservation Commission By Hand Delivery Attn: Brittany DiRienzo 1146 Route 28 South Yarmouth, MA 02664 Re: Notice of Intent Filing Package Proposed Coastal Bank Restoration and Associated Site Improvements The Cove at Yarmouth Associates Limited Partnership 183 Route 28 West Yarmouth, MA Map 37, Parcel 72.1 Dear Ms. DiRienzo and Commission Members: On behalf of our client, The Cove at Yarmouth, we are submitting an original Notice of Intent Application Filing Package, two checks for municipal filing, one (1) original and seven (7) copies of the plan, for the above referenced project. The following items are enclosed: • Yarmouth NOI Administrative Checklist • Yarmouth Site Access Authorization Form • Notice of Intent Application • Stormwater Management Checklist • Project Description, Performance Standards Narrative, Construction Protocol • NOI Wetland Fee Transmittal Form • Copy of $97.50 check made payable to Commonwealth of MA - DEP for state share of DEP fee, (original sent to lockbox) • Copy of $122.50 check made payable to Town of Yarmouth for town share of DEP fee • Copy of $200.00 check made payable to Town of Yarmouth for bylaw fee • Copy of $10.00 check made payable to Town of Yarmouth for legal advertising fee • Affidavit of Service, Abutter Notification Letter • Certified Abutter List, Assessor Map 37, identifying locus • Yarmouth USGS Map, identifying locus • Crawford Land Management Restoration Plan, dated 8/17/2022 • Coastal Engineering Co., Inc. Plan Showing Proposed Site Improvements, sheets C2.1.1 and C2.4.1, dated 8/16/2022 Please schedule this for the September 1, 2022 public hearing. If you have any questions or require additional information, please give our office a call. Thank you. Sincerely, COASTAL ENGINEERING CO., INC. Cam. a. kOo)-� Carla A. Davis Enclosures: as stated cc: Mass. DEP/SERO - Wetlands The Cove at Yarmou Crawford Land Mana Sean M. Riley, Project Orleans I Sandwich I Nantucket DEPARTMENT OF CONSERVATION Notice of Jatad 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. ,0 8 0 c X Does the property have any outstanding/expired Orders of Conditions? If so, please file a Request for Certificate of Compliance for each outstanding/expired Order, as the Commission may not issue a new Order until any outstanding/expired Orders have been closed and recorded. (*see page 2) X 1 original application with original signatures (double sided). X 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. X 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. X 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. X A pdf copy of signed application, supporting information, and plan emailed to kgrant(a�yarmouth.ma.us. Please list project property's street address in the pdf file name. X Submit Certified Mail Receipts (PS Form 3800) for all abutters. N/A 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 kqrant .yarmouth.ma.us. N/A 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. 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 9/2021 Page 1 of 2 X State filing fee: separate check, Refer to Wetland Fee Transmittal Form X By-law filing fee: separate check made payable to "Town of Yarmouth" X Legal ad fee: separate check made payable to "Town of Yarmouth" Please list project property's street address on checks. Refer to Fee Schedule at https://www.yarmouth.ma.us/696/Filing-Forms N/A If you are filing with MassDEP using eDEP, please include a copy of the filing confirmation with your application. X 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(c)-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. X 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? *To view all Conservation files for the property address online: Go to www.yarmouth.ma.us and click on: - Yarmouth Online Town Services - Town Record Search with Weblink - Browse Our Parcel Related Documents - First letter of street name to open file - Street name - Property address - Conservation - Click on the folder you want to view 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 9/2021 Page 2 of 2 o0. � rYAR� C MATTACM St �WlrouiCCS%� C Site Qcmj Q,uttmuzatic+n .lonm DEPARTMENT OF CONSERVATION qffWeja&WWti",- ff 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: 183 Route 28, West Yarmouth Assessors Map/Lot: 37/72.1 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: V" ` kL14-A.1. \/v kf- JS If other than owner, please state whether tenant, agent, or other: A,1,E►t)1 Mailing Address: � J IA v 114 Si- Vj . qAv m d1 r( iMjk 02,0T-3 Phone: ,T-7 1 " 3 b66 XO3Z Cell: :2-) � - Z &o — 40C?D Email: �k�S QCl1VCC��rYvto�L` Fa 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 4 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 mber ction Number Yarmouth City/Town Important: A. General Information When filling out forms on the computer, use 1. Project Location (Note: electronic filers will click on button to locate project site): only the tab key to move your 183 Route 28 West Yarmouth 02673 cursor - do not use the return a. Street Address b. City/Town c. Zip Code key. 41°39'19.93"N 37701529.95"W Latitude and Longitude: tab d. Latitude 37 72.1 e. Longitude eram f. Assessors Map/Plat Number g. Parcel /Lot Number 2. Applicant: Michael J. Edwards, General Manager a. First Name b. Last Name Note: The Cove at Yarmouth Before c. Organization completing this form consult 183 Route 28 your local d. Street Address Conservation West Yarmouth MA 02673 Commission e. City/Town f. State g. Zip Code regarding any municipal bylaw or ordinance. 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 The Cove at Yarmouth Associates Limited Partnership c. Organization 183 Route 28 d. Street Address West Yarmouth MA 02673 e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number 4. Representative (if any): 5 Sean M a. First Name Coastal Engineering Co., Inc. c. Company 260 Cranberry Highway d. Street Address Orleans j. Email address Riley, P.E. b. Last Name noccQ e. City/Town f. State g. Zip Code 508-255-6511 508-255-6700 permitting@coastalengineeringcompany.com h. Phone Number i. Fax Number j. Email address Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $220.00 $97.50 $122.50 a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform3.doc • rev. 2/8/2018 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information (continued) 6. General Project Description: Provided by MassDEP: Proposed Coastal Bank Restoration and Associated Site Improvements 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 MassDEP File Number Document Transaction Number Yarmouth 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 b. Certificate # (if registered land) 4151 41 c. Book d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ❑ Buffer Zone Only — Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 2/8/2018 Page 2 of 9 4 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) Resource Area a. ❑ Bank For all projects affecting other b. ❑ Bordering Vegetated Resource Areas, Wetland please attach a narrative c. ❑ Land Under explaining how Waterbodies and the resource Waterways area was delineated. Resource Area d. ❑ Bordering Land Subject to Flooding e. ❑ Isolated Land Subject to Flooding Size of Proposed Alteration 1.linear feet 1. square feet 1. square feet 3. cubic yards dredged Size of Proposed Alteration 1. square feet 3. cubic feet of flood storage lost 1. square feet 2. cubic feet of flood storage lost Proposed Replacement (if any) 2. linear feet 2. square feet 2. square feet Proposed Replacement (if any) 2. square feet 4. cubic feet replaced 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: 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 113.21 above. wpaform3.doc • rev. 2/8/2018 Page 3 of 9 4 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) 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 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 193 1.linear feet g. ❑ Rocky Intertidal Shores 1. square feet h. ❑ Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. ❑ Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. ❑ Land Containing Shellfish 1. square feet k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged 1.0 Land Subject to 1300 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 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 C. Other Applicable Standards and Requirements 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 2022 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/dfg/dfw/natural-heritage/regulatory-review/). Priority Habitat includes habitat for state -listed plants and strictly upland species not protected by the Wetlands Protection Act. ** MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 2/8/2018 Page 5 of 9 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont'd) (c) ❑ MESA filing fee (fee information available at http:Hwww.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa fee schedule.htm). Make check payable to "Commonwealth of Massachusetts - NHESP" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) ❑ Vegetation cover type map of site (e) ❑ Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. ❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa exemptions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. ❑ Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. ❑ Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. ❑ Not applicable — project is in inland resource area only b. ❑ Yes ® No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: DMF.EnvReview-South(Dstate.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(bstate.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 4 Massachusetts Department of Environmental Protection Provided by MassDEP: L 'Ti 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 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 D. Additional Information (cont'd) Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town 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 Showing Proposed Site Improvements, Sheets C2.1.1 and C2.4.1 a. Plan Title Coastal Engineering Co., INc. Sean M. Riley, P.E. b. Prepared By c. Signed and Stamped by 08/16/2022 1" = 20' d. Final Revision Date e. Scale Crawford Land Management Restoration Plan 08/17/2022 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. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. Attach NOI Wetland Fee Transmittal Form 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: 708 8/18/2022 2. Municipal Check Number 3. Check date 707 8/18/2022 4. JLaie 4necK NUmDer 6. Payor name on check: First Name 5. Check date Coastal Engineering Co., Inc. 7. Payor name on check: Last Name wpaform3.doc • rev. 2/8/2018 Page 8 of 9 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction NumberYarmouth 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. re of App 2. Date 4. Date 12 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. wpaform3.doc • rev. 2/8/2018 Page 9 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 F. Signatures and Submittal Requirements Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town 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 3. t1ature perty Owner (if different) 4. Date Sean M. Riley, Coastal Engineering Co. Inc. 8/18/2022 5. Signature of Rep�'tfsentative (if any) 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. wpaform3.doc • rev. 2/8/2018 Page 9 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report A. Introduction Important: When A Stormwater Report must be submitted with the Notice of Intent permit application to document filling out forms compliance with the Stormwater Management Standards. The following checklist is NOT a substitute for on the computer, should ph h hiou t R t St e Stormwater Report (which sprovide more substantive and detailed information use only the tab the p ( ) but is offered key to move your here as a tool to help the applicant organize their Stormwater Management documentation for their cursor - do not Report and for the reviewer to assess this information in a consistent format. As noted in the Checklist, use the return the Stormwater Report must contain the engineering computations and supporting information set forth in key. Volume 3 of the Massachusetts Stormwater Handbook. The Stormwater Report must be prepared and certified by a Registered Professional Engineer (RPE) licensed in the Commonwealth. The Stormwater Report must include: • The Stormwater Checklist completed and stamped by a Registered Professional Engineer (see page 2) that certifies that the Stormwater Report contains all required submittals.' This Checklist is to be used as the cover for the completed Stormwater Report. • Applicant/Project Name • Project Address • Name of Firm and Registered Professional Engineer that prepared the Report • Long -Term Pollution Prevention Plan required by Standards 4-6 • Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan required by Standard 82 • Operation and Maintenance Plan required by Standard 9 In addition to all plans and supporting information, the Stormwater Report must include a brief narrative describing stormwater management practices, including environmentally sensitive site design and LID techniques, along with a diagram depicting runoff through the proposed BMP treatment train. Plans are required to show existing and proposed conditions, identify all wetland resource areas, NRCS soil types, critical areas, Land Uses with Higher Potential Pollutant Loads (LUHPPL), and any areas on the site where infiltration rate is greater than 2.4 inches per hour. The Plans shall identify the drainage areas for both existing and proposed conditions at a scale that enables verification of supporting calculations. As noted in the Checklist, the Stormwater Management Report shall document compliance with each of the Stormwater Management Standards as provided in the Massachusetts Stormwater Handbook. The soils evaluation and calculations shall be done using the methodologies set forth in Volume 3 of the Massachusetts Stormwater Handbook. To ensure that the Stormwater Report is complete, applicants are required to fill in the Stormwater Report Checklist by checking the box to indicate that the specified information has been included in the Stormwater Report. If any of the information specified in the checklist has not been submitted, the applicant must provide an explanation. The completed Stormwater Report Checklist and Certification must be submitted with the Stormwater Report. The Stormwater Report may also include the Illicit Discharge Compliance Statement required by Standard 10. If not included in the Stormwater Report, the Illicit Discharge Compliance Statement must be submitted prior to the discharge of stormwater runoff to the post -construction best management practices. 2 For some complex projects, it may not be possible to include the Construction Period Erosion and Sedimentation Control Plan in the Stormwater Report. In that event, the issuing authority has the discretion to issue an Order of Conditions that approves the project and includes a condition requiring the proponent to submit the Construction Period Erosion and Sedimentation Control Plan before commencing any land disturbance activity on the site. Stormwater Report Checklist(1) • 04/01/08 Stormwater Report Checklist • Page 1 of 8 Massachusetts Department of Environmental Protection i Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report B. Stormwater Checklist and Certification The following checklist is intended to serve as a guide for applicants as to the elements that ordinarily need to be addressed in a complete Stormwater Report. The checklist is also intended to provide conservation commissions and other reviewing authorities with a summary of the components necessary for a comprehensive Stormwater Report that addresses the ten Stormwater Standards. Note: Because stormwater requirements vary from project to project, it is possible that a complete Stormwater Report may not include information on some of the subjects specified in the Checklist. If it is determined that a specific item does not apply to the project under review, please note that the item is not applicable (N.A.) and provide the reasons for that determination. A complete checklist must include the Certification set forth below signed by the Registered Professional Engineer who prepared the Stormwater Report. Registered Professional Engineer's Certification I have reviewed the Stormwater Report, including the soil evaluation, computations, Long-term Pollution Prevention Plan, the Construction Period Erosion and Sedimentation Control Plan (if included), the Long- term Post -Construction Operation and Maintenance Plan, the Illicit Discharge Compliance Statement (if included) and the plans showing the stormwater management system, and have determined that they have been prepared in accordance with the requirements of the Stormwater Management Standards as further elaborated by the Massachusetts Stormwater Handbook. I have also determined that the information presented in the Stormwater Checklist is accurate and that the information presented in the Stormwater Report accurately reflects conditions at the site as of the date of this permit application. Registered Professional Engineer Block and Signature Signature and Date Checklist Project Type: Is the application for new development, redevelopment, or a mix of new and redevelopment? ❑ New development ® Redevelopment ❑ Mix of New Development and Redevelopment Stormwater Report Checklist(1) • 04/01/08 Stormwater Report Checklist • Page 2 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) LID Measures: Stormwater Standards require LID measures to be considered. Document what environmentally sensitive design and LID Techniques were considered during the planning and design of the project: ❑ No disturbance to any Wetland Resource Areas ❑ Site Design Practices (e.g. clustered development, reduced frontage setbacks) ❑ Reduced Impervious Area (Redevelopment Only) ❑ Minimizing disturbance to existing trees and shrubs ❑ LID Site Design Credit Requested: ❑ Credit 1 ❑ Credit 2 ❑ Credit 3 ❑ Use of "country drainage" versus curb and gutter conveyance and pipe ❑ Bioretention Cells (includes Rain Gardens) ❑ Constructed Stormwater Wetlands (includes Gravel Wetlands designs) ❑ Treebox Filter ❑ Water Quality Swale ❑ Grass Channel ❑ Green Roof ❑ Other (describe): Standard 1: No New Untreated Discharges ® No new untreated discharges ❑ Outlets have been designed so there is no erosion or scour to wetlands and waters of the Commonwealth ❑ Supporting calculations specified in Volume 3 of the Massachusetts Stormwater Handbook included. Stormwater Report Checklist(1) • 04/01/08 Stormwater Report Checklist • Page 3 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 2: Peak Rate Attenuation ® Standard 2 waiver requested because the project is located in land subject to coastal storm flowage and stormwater discharge is to a wetland subject to coastal flooding. ❑ Evaluation provided to determine whether off -site flooding increases during the 100-year 24-hour storm. ❑ Calculations provided to show that post -development peak discharge rates do not exceed pre - development rates for the 2-year and 10-year 24-hour storms. If evaluation shows that off -site flooding increases during the 100-year 24-hour storm, calculations are also provided to show that post -development peak discharge rates do not exceed pre -development rates for the 100-year 24- hour storm. Standard 3: Recharge ❑ Soil Analysis provided. ❑ Required Recharge Volume calculation provided. ❑ Required Recharge volume reduced through use of the LID site Design Credits. ® Sizing the infiltration, BMPs is based on the following method: Check the method used. ❑ Static ® Simple Dynamic ❑ Dynamic Field' ❑ Runoff from all impervious areas at the site discharging to the infiltration BMP. ❑ Runoff from all impervious areas at the site is not discharging to the infiltration BMP and calculations are provided showing that the drainage area contributing runoff to the infiltration BMPs is sufficient to generate the required recharge volume. ® Recharge BMPs have been sized to infiltrate the Required Recharge Volume. ❑ Recharge BMPs have been sized to infiltrate the Required Recharge Volume only to the maximum extent practicable for the following reason: ❑ Site is comprised solely of C and D soils and/or bedrock at the land surface ❑ M.G.L. c. 21 E sites pursuant to 310 CMR 40.0000 ❑ Solid Waste Landfill pursuant to 310 CMR 19.000 ❑ Project is otherwise subject to Stormwater Management Standards only to the maximum extent practicable. ❑ Calculations showing that the infiltration BMPs will drain in 72 hours are provided. ❑ Property includes a M.G.L. c. 21 E site or a solid waste landfill and a mounding analysis is included. 80% TSS removal is required prior to discharge to infiltration BMP if Dynamic Field method is used. Stormwater Report Checklist(1) • 04/01/08 Stormwater Report Checklist • Page 4 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 3: Recharge (continued) ❑ The infiltration BMP is used to attenuate peak flows during storms greater than or equal to the 10- year 24-hour storm and separation to seasonal high groundwater is less than 4 feet and a mounding analysis is provided. ❑ Documentation is provided showing that infiltration BMPs do not adversely impact nearby wetland resource areas. Standard 4: Water Quality The Long -Term Pollution Prevention Plan typically includes the following: • Good housekeeping practices; • Provisions for storing materials and waste products inside or under cover; • Vehicle washing controls; • Requirements for routine inspections and maintenance of stormwater BMPs; • Spill prevention and response plans; • Provisions for maintenance of lawns, gardens, and other landscaped areas; • Requirements for storage and use of fertilizers, herbicides, and pesticides; • Pet waste management provisions; • Provisions for operation and management of septic systems; • Provisions for solid waste management; • Snow disposal and plowing plans relative to Wetland Resource Areas; • Winter Road Salt and/or Sand Use and Storage restrictions; • Street sweeping schedules; • Provisions for prevention of illicit discharges to the stormwater management system; • Documentation that Stormwater BMPs are designed to provide for shutdown and containment in the event of a spill or discharges to or near critical areas or from LUHPPL; • Training for staff or personnel involved with implementing Long -Term Pollution Prevention Plan; • List of Emergency contacts for implementing Long -Term Pollution Prevention Plan. ❑ A Long -Term Pollution Prevention Plan is attached to Stormwater Report and is included as an attachment to the Wetlands Notice of Intent. ® Treatment BMPs subject to the 44% TSS removal pretreatment requirement and the one inch rule for calculating the water quality volume are included, and discharge: ❑ is within the Zone II or Interim Wellhead Protection Area ❑ is near or to other critical areas ® is within soils with a rapid infiltration rate (greater than 2.4 inches per hour) ❑ involves runoff from land uses with higher potential pollutant loads. ❑ The Required Water Quality Volume is reduced through use of the LID site Design Credits. ® Calculations documenting that the treatment train meets the 80% TSS removal requirement and, if applicable, the 44% TSS removal pretreatment requirement, are provided. Stormwater Report Checklist(1) • 04/01/08 Stormwater Report Checklist • Page 5 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 4: Water Quality (continued) ❑ The BMP is sized (and calculations provided) based on: ❑ The'/2" or 1" Water Quality Volume or ❑ The equivalent flow rate associated with the Water Quality Volume and documentation is provided showing that the BMP treats the required water quality volume. ❑ The applicant proposes to use proprietary BMPs, and documentation supporting use of proprietary BMP and proposed TSS removal rate is provided. This documentation may be in the form of the propriety BMP checklist found in Volume 2, Chapter 4 of the Massachusetts Stormwater Handbook and submitting copies of the TARP Report, STEP Report, and/or other third party studies verifying performance of the proprietary BMPs. ❑ A TMDL exists that indicates a need to reduce pollutants other than TSS and documentation showing that the BMPs selected are consistent with the TMDL is provided. Standard 5: Land Uses With Higher Potential Pollutant Loads (LUHPPLs) ❑ The NPDES Multi -Sector General Permit covers the land use and the Stormwater Pollution Prevention Plan (SWPPP) has been included with the Stormwater Report. ❑ The NPDES Multi -Sector General Permit covers the land use and the SWPPP will be submitted prior to the discharge of stormwater to the post -construction stormwater BMPs. ❑ The NPDES Multi -Sector General Permit does not cover the land use. ❑ LUHPPLs are located at the site and industry specific source control and pollution prevention measures have been proposed to reduce or eliminate the exposure of LUHPPLs to rain, snow, snow melt and runoff, and been included in the long term Pollution Prevention Plan. ❑ All exposure has been eliminated. ❑ All exposure has not been eliminated and all BMPs selected are on MassDEP LUHPPL list. ❑ The LUHPPL has the potential to generate runoff with moderate to higher concentrations of oil and grease (e.g. all parking lots with >1000 vehicle trips per day) and the treatment train includes an oil grit separator, a filtering bioretention area, a sand filter or equivalent. Standard 6: Critical Areas ❑ The discharge is near or to a critical area and the treatment train includes only BMPs that MassDEP has approved for stormwater discharges to or near that particular class of critical area. ❑ Critical areas and BMPs are identified in the Stormwater Report. Stormwater Report Checklist(1) • 04/01/08 Stormwater Report Checklist • Page 6 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 7: Redevelopments and Other Projects Subject to the Standards only to the maximum extent practicable ® The project is subject to the Stormwater Management Standards only to the maximum Extent Practicable as a: ❑ Limited Project ❑ Small Residential Projects: 5-9 single family houses or 5-9 units in a multi -family development provided there is no discharge that may potentially affect a critical area. ❑ Small Residential Projects: 2-4 single family houses or 2-4 units in a multi -family development with a discharge to a critical area ❑ Marina and/or boatyard provided the hull painting, service and maintenance areas are protected from exposure to rain, snow, snow melt and runoff ❑ Bike Path and/or Foot Path ® Redevelopment Project ❑ Redevelopment portion of mix of new and redevelopment. ❑ Certain standards are not fully met (Standard No. 1, 8, 9, and 10 must always be fully met) and an explanation of why these standards are not met is contained in the Stormwater Report. ❑ The project involves redevelopment and a description of all measures that have been taken to improve existing conditions is provided in the Stormwater Report. The redevelopment checklist found in Volume 2 Chapter 3 of the Massachusetts Stormwater Handbook may be used to document that the proposed stormwater management system (a) complies with Standards 2, 3 and the pretreatment and structural BMP requirements of Standards 4-6 to the maximum extent practicable and (b) improves existing conditions. Standard 8: Construction Period Pollution Prevention and Erosion and Sedimentation Control A Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan must include the following information: • Narrative; • Construction Period Operation and Maintenance Plan; • Names of Persons or Entity Responsible for Plan Compliance; • Construction Period Pollution Prevention Measures; • Erosion and Sedimentation Control Plan Drawings; • Detail drawings and specifications for erosion control BMPs, including sizing calculations; • Vegetation Planning; • Site Development Plan; • Construction Sequencing Plan; • Sequencing of Erosion and Sedimentation Controls; • Operation and Maintenance of Erosion and Sedimentation Controls; • Inspection Schedule; • Maintenance Schedule; • Inspection and Maintenance Log Form. ❑ A Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan containing the information set forth above has been included in the Stormwater Report. Stormwater Report Checklist(1) • 04/01/08 Stormwater Report Checklist • Page 7 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 8: Construction Period Pollution Prevention and Erosion and Sedimentation Control (continued) ❑ The project is highly complex and information is included in the Stormwater Report that explains why it is not possible to submit the Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan with the application. A Construction Period Pollution Prevention and Erosion and Sedimentation Control has not been included in the Stormwater Report but will be submitted before land disturbance begins. ❑ The project is not covered by a NPDES Construction General Permit. ❑ The project is covered by a NPDES Construction General Permit and a copy of the SWPPP is in the Stormwater Report. ❑ The project is covered by a NPDES Construction General Permit but no SWPPP been submitted. The SWPPP will be submitted BEFORE land disturbance begins. Standard 9: Operation and Maintenance Plan ❑ The Post Construction Operation and Maintenance Plan is included in the Stormwater Report and includes the following information: ❑ Name of the stormwater management system owners; ❑ Party responsible for operation and maintenance; ❑ Schedule for implementation of routine and non -routine maintenance tasks; ❑ Plan showing the location of all stormwater BMPs maintenance access areas; ❑ Description and delineation of public safety features; ❑ Estimated operation and maintenance budget; and ❑ Operation and Maintenance Log Form. ❑ The responsible party is not the owner of the parcel where the BMP is located and the Stormwater Report includes the following submissions: ❑ A copy of the legal instrument (deed, homeowner's association, utility trust or other legal entity) that establishes the terms of and legal responsibility for the operation and maintenance of the project site stormwater BMPs; ❑ A plan and easement deed that allows site access for the legal entity to operate and maintain BMP functions. Standard 10: Prohibition of Illicit Discharges ❑ The Long -Term Pollution Prevention Plan includes measures to prevent illicit discharges; ❑ An Illicit Discharge Compliance Statement is attached; ❑ NO Illicit Discharge Compliance Statement is attached but will be submitted prior to the discharge of any stormwater to post -construction BMPs. Stormwater Report Checklist(1) • 04/01/08 Stormwater Report Checklist • Page 8 of 8 C18543.00: Notice of Intent The Cove at Yarmouth, 183 Route 28, West Yarmouth Project Description 1. Existing Property Description The Cove at Yarmouth is located between Route 28 and Mill Creek in Yarmouth. It is a seasonal resort with parking, onsite septic and amenities located on the upland side of the buildings. The rear of the property abutting Mill Creek is Land Subject to Coastal Storm Flowage with associated Coastal Banks. The majority of the buildings are connected to subsurface drainage recharge drywells with the remaining downspouts discharging onto the ground surface. Vegetation management and landscape improvements were made within the 100 ft. buffer to the Coastal Bank without first receiving approval from the Yarmouth Conservation Commission. Fill was added in several areas along the top of coastal bank to provide level seating areas for guests to utilize. An enforcement order was issued to the resort and a request for submission of an after -the -fact NOI was requested of the applicant. During the process, it was revealed that a Certificate of Compliance (CDC) was not applied for after work was completed on the property in 1984. A CDC request has been filed in conjunction with this application. IL Wetland Resource Areas The subject property lies within the following Massachusetts Department of Environmental Protection (Mass DEP) and Town of Yarmouth wetland resource areas: Coastal Bank, Land Under Ocean, Land Subject to Coastal Storm Flowage, and BVW. A Coastal River: "Unnamed, Drains from Mill Pond — Yarmouth MOR-6" discharges to the west of the property. No work is proposed within 200ft. of the riverfront area. 111. Project Description The applicant is proposing to remove the fill added to the coastal bank and restore the disturbed areas of bank and buffer zone with native plant species. The existing fire access lane that loops around the building will remain and serve as the limit/edge of restoration. Construction means and methods for the removal of the fill, stabilization of the bank and plant installation are described on the restoration plan prepared by Crawford Land Management (CLM). The roof downspouts currently discharging onto the ground at the rear of the building will be connected to collector pipes and routed to new subsurface recharge drywells. The drywells have been sized to accommodate the 25-year storm event which will also accommodate the required recharge volume in accordance with the Massachusetts Stormwater Handbook. The roof runoff is already considered to be treated to 80%, so no other BMPs have been added to the design. Once the project has been completed, the area will be stabilized with erosion control blankets and the vegetation will be monitored to ensure the required survivability. Page 1 of 4 C18543.00: Notice of Intent The Cove at Yarmouth, 183 Route 28, West Yarmouth Performance Standards Narrative The proposed project will follow the performance standards within the Massachusetts State Wetlands Protection Act (WPA) Performance Standards and as adopted by the Yarmouth Conservation Commission Local Regulations. The following sections address how these performance standards are met for the proposed project and demonstrate evidence that the proposed project will not have significant adverse impacts to the resource areas, as defined within the State regulations and Local regulations. L Wetland Performance Standards - (310 CMR 10.00) State WPA Regulations 10.30: Coastal Banks (3) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on such a coastal bank except that such a coastal engineering structure shall be permitted when required to prevent storm damage to buildings constructed prior to the effective date of 310 CMR 10.21 through 10.37 or constructed pursuant to a Notice of Intent filed prior to the effective date of 310 CMR 10.21 through 10.37 (August 10, 1978), including reconstructions of such buildings subsequent to the effective date of 310 CMR 10.21 through 10.37, provided that the following requirements are met: No coastal engineering structures are proposed (a) a coastal engineering structure or a modification thereto shall be designed and constructed so as to minimize, using best available measures, adverse effects on adjacent or nearby coastal beaches due to changes in wave action, and (b) the applicant demonstrates that no method of protecting the building other than the proposed coastal engineering structure is feasible. (c) protective planting designed to reduce erosion may be permitted. (4) Any project on a coastal bank or within 100 feet landward of the top of a coastal bank, other than a structure permitted by 310 CMR 10.30(3), shall not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action. • A vegetated buffer will be restored as part of this project which will not have any adverse effects. (5) The Order of Conditions and the Certificate of Compliance for any new building within 100 feet landward of the top of a coastal bank permitted by the issuing authority under M.G.L. c. 131, § 40 shall contain the specific condition: 310 CMR 10.30(3), promulgated under M.G.L. c. 131, § 40, requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. • No coastal engineering structures are proposed (6) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall have no adverse effects on the stability of the coastal bank. Page 2 of 4 C18543.00: Notice of Intent The Cove at Yarmouth, 183 Route 28, West Yarmouth • The removal of fill, utilization of erosion control blankets and the installation of native vegetation will provide further stability to the coastal bank (7) Bulkheads, revetments, seawalls, groins or other coastal engineering structures may be permitted on such a coastal bank except when such bank is significant to storm damage prevention or flood control because it supplies sediment to coastal beaches, coastal dunes, and barrier beaches. • N/A (8) Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. • N/A 11. Summary The project meets the performance standards set forth in both the Massachusetts Wetland Protection Regulations and the Yarmouth Wetland Protection Ordinance. This proposal demonstrates the proposed project will result in no significant or cumulative negative effects upon the wetland values defined within the Town of Yarmouth Wetlands Protection Ordinance and no adverse impacts to the wetland interests defined in the Massachusetts Wetland Protection Regulations. Page 3 of 4 C18543.00: Notice of Intent The Cove at Yarmouth, 183 Route 28, West Yarmouth Construction Protocol 1. Pre -Construction Requirements • A sign bearing the MA DEP file number shall be posted in compliance with the Order of Conditions issued by the Barnstable Conservation Commission. • Prior to any construction or site disturbance activity, the erosion and sedimentation barriers shall be installed in the location(s) shown on the plan. • A copy of the approved plans and the Order of Conditions shall be provided to the Contractor and shall be on site at all times. 11. On -Site Pre -Construction Conference Prior to the start of any sitework or construction, a pre -construction meeting will be held on site to discuss the project requirements with the following parties represented: • General Contractor • Sitework Contractor • Coastal Engineering Co., Inc. Engineer • Yarmouth Conservation Commission Agent Topics to be discussed during the meeting include, but are not limited to the following: • Maintenance of erosion and sedimentation control barrier • Limit of work • Construction sequencing and schedule • Material and equipment storage • Project contacts 111. Limit of Work The Sitework Contractor shall familiarize himself with the boundaries of the property and the limit of work. The Contractor shall exercise care in order to protect adjacent properties and wetland resource areas. The Contractor shall not operate heavy equipment outside the work limit as shown on the approved plan and delineated by the erosion and sedimentation control barrier. The contractor shall practice good housekeeping measures during the day-to-day operations at the site. The site should be policed daily to remove any litter or construction debris. Care shall be taken that no debris be allowed outside the work limit. Debris outside the work limit shall be picked up immediately. IV. Construction Access Construction access shall be from the western most parking lot. Any storage of equipment shall take place within the parking lot outside the wetland resource areas 5 buffer zones. Page 4 of 4 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. tab return 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 A. Applicant Information 1. Location of Project: 183 Route 28 a. Street Address 707 c. Check number 2. Applicant Mailing Address: Michael J. a. First Name The Cove at Yarmouth c. Organization 183 Route 28 d. Mailing Address West Yarmouth e. City/Town Yarmouth b. City/Town $97.50 d. Fee amount Edwards, General Manager b. Last Name MA f. State 02673 g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property Owner (if different): a. First Name b. Last Name The Cove at Yarmouth Associates Limited Partnership c. Organization 183 Route 28 d. Mailing Address West Yarmouth MA 02673 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.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 B. Fees (continued) Step 1/Type of Activity Cat 1 b (site work without a house Cat 1d (resource improvement) C. Submittal Requirements Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee 1 $110.00 $110.00 1 $110.00 $110.00 Step 5/Total Project Fee: $220.00 Step 6/Fee Payments: Total Project Fee: State share of filing Fee: City/Town share of filling Fee: $220.00 a. Total Fee from Step 5 $97.50 b. 1/2 Total Fee less $12.50 $122.50 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. 10/11 Page 2 of 2 d __.. na COASTAL engineering co. C18543.00/SMR AFFIDAVIT OF SERVICE Massachusetts Wetlands Protection Act M.G.L., CH 131, Sec. 40 I, Carla A. Davis, of Coastal Engineering Co., Inc, hereby certify under the pains and penalties of perjury that on August 18, 2022, 1 sent notification to abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131 Section 40 and the Department of Environmental Protection's Guide to Abutter Notification dated April 8, 1994 in connection with the following matter: A Notice of Intent was filed under the Massachusetts Wetlands Protection Act and the Yarmouth Wetlands Protection By-law, by The Cove at Yarmouth Associates Limited Partnership with the Yarmouth Conservation Commission on August 18, 2022 for property located at 183 Route 28, Map 37 Parcel 71.2 in Yarmouth, MA. The project is for the Proposed Coastal Bank Restoration and Associated Site Improvements. The form of the notification and a list of the abutters to whom the notice was given and their addresses are attached to this Affidavit of Service. Sincerely, COASTAL ENGINEERING CO., INC. " a. k0at� Carla A. Davis Enclosures: as stated cc: Mass. DEP/SERO — Wetlands Yarmouth Conservation Commission The Cove at Yarmouth Associates Limited Partnership Crawford Land Management Sean M. Riley, Project Manager D:\DOC\C18500\18543\Permitting\ATF NORAffidavit - Updoted.docx Orleans I Sandwich I Nantucket 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 The Cove at Yarmouth Associates Limited Partnership 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 183 Route 28, West Yarmouth D. Proposed work is Proposed Coastal Bank Restoration and Associated Site Improvements 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 508-255-6511 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) NOTES: Name Carla Davis, Coastal Engineering Co., Inc. Address 260 Cranberry Highway Town Orleans State MA Zip 02653 Telephone 508-255-6511 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. 37/ 75/ TWO FAMILIES INC 151 ROUTE 28 WEST YARMOUTH , MA 02673 37/ 72.1 / / / THE COVE AT YM ASSOC LTD PTNRS C/O VACATION RESORT INTERNATIONA 183 MAIN ST WEST YARMOUTH , MA 02673-4653 37/ 147.2/ SYNH LLC 1249 BEACON ST BROOKLINE , MA 02445 37/ 71/ AMS PROPERTIES LLC 225 ROUTE 28 WEST YARMOUTH , MA 02673 37/ 91/ BURKE ROBERT F TRS BRAVO STEPHEN J TRS 800 GIFFORD ST EXT FALMOUTH , MA 02540 37/ 128/ / / JETASILVA LLC 47 NOR WAY MARSTONS MILLS, MA 02648 37/ 145/ / / NE CONF CORP OF SEVENTH DAY ADVE 115-50 MERRICK BLVD JAMAICA , NY 11434 37/ 127/ / / EVANGELIDIS ANDREAS EVANGELIDIS ARTEMIS 44 ELTON RD WEST YARMOUTH , MA 02673 37/ 110/ / / DUMONT MA PROPERTIES LLC 642 MINGO LOOP RD RANGELEY , ME 04970 37/ 74/ ZAMBELIS EVANGELIA K TRS THE TASTY TIDBITS RLTY TRUST 335 ROUTE 28 WEST YARMOUTH , MA 02673 ,A�y7�/ram 0 / 0 79 A 0.45 AC di 2�1 45-5 , , F .13 C+AC P/O 45-78.1 O 45-78.1 / C / , Fjv 93 P/O 45-90.1 / Y 7 i V OPQ o.yo ac V V I 781 � / / / / \/ � Q' � \ Qi 1001 TOWN OF YARMOUTH I 100o 97s AC 3.53 AC 87 \�0. 2 AC B.41 82.1/1 1AC 98<1.1 ;A o.aa c1a6zMILL OPO sh /R/S 1;6 POND \ / / , / 7� Q-O 8 0. 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A 2 I 2.13AC I i HEAVENLY `� N a 75 (SrgT 127 42 II 1`�� 23C I QWINDRIFT �I 1.75AC FJ g �- 0.11 AC 31.78 AC / VACATION 17 78 C / .22 A ,�1 ^ ^�y0 �\ I CONDOMINIUM 0.23A( II u P 0P0 0.14 I � I 0.1 A O�� ESIGNER �'4 747.1 1 I 1 2.70 AC LI GTE eye CbNS IGNER On6AC I I I 0.4s `� 2g BOU 1455U THUNDERBIRD ' I I O / 0.61 MOTOR C/ LODGE � I - - ❑ 47. \ I 1.5 C 15.1 O.55 A� R I I THE COVE46 IO GLEASON 0.26 AC 27S /O l 14 0 72.1 ROADWAY &2 0. 18 3 0 CAPE COD / \ m 0 ++ MOTEL .78 AC SUPER BUFFET 0.2o pc 47 148 ` 2"1e �pcl 1.48 AC '�3-, Q 4L� U 0.47 AC �s 1.85 AC \ �O(�� 0.Xil: M 4��4IIII I �9 0.20J4C u iv 48 S \ m I FI�I 1 AC lllIIIJJJJJJ �D 0.65 AC Q3 I I m �953.1 1 4 Ii 71 12 _ N qg \ 0.58 ACa �� I u o.38 AC 0.38 AC `� `Y 4AC O 50 GIARDINO'S /L2 I O $ g 0.18 C 0.52 AC 70 .44 A AC 10 AC ❑ 8 /. 0.21 AC 2� o.54AC ROGIA ROAD y 1 0 w o SEAGRASS WAY (PRIVATE) 0.2 9 c �0 75 AC I 11 3 0.1 AC 4gy z 51 Q 3. 5AC 0.62 AC I g O Q/ I v c 72.2 - .20 AC �[/ 2q2 \ +52i3 68 = 0.44 AC 0.182 C 7.46 AC BAYSIDE ESORT TEL 0.48AC Q 109 N 23 a 0.20 AC" // Of/J `5156C O O.p2 pC 0.42 AN i H � 7 AC❑ 0.1 A w 0.35 AC _ O 53 �� 0.89 AC O T 0.40 AC 0.1 AC 0.15 ACJ 10 24 ACC1.1 10 Lf AD (TOWN) 1 � 62.2 EDDY (PRIVATE) zs 5 , N MIDDLE ROAD 55 ^ 0.69AC ?s1 13 7 6z STREET �AO o.1C�i 3 0.43 NC I - - - 0.15 AC 0. ?4 T�, 3)53 AC I 54 73 O/ CHASE BROOK F' M 6 /{ 1.01 AC 11.23 AC `4FhT I 66 0.1 AC �/ PARK 2) I O 0.56 C 0.1 AC I S a l MILL TOWN OF YARMOUTH I O I I c 2 0.1 AC `D D 57 I 62.1.2 6} AC❑ m 0.63 AC \ I 0.82 AC 4 35 C CREEK----3.260AG----- ------ _ - - - ' / ..l i 6 I 60 v �/ 1.03 AC T I � � 0.16 AC 0. p 1 I I 1.3 C I P/O 34-2,1 I 62.1.4 I YANKEE I 29 ,n °' 2.b7 ACi_-� I 6 8 VILLAGE 61 I 2.1 w �6 AC 0.1 58 I 1 tO 0.78 AC \ I 622 1.73 AC O I 0.94 AC 12 I ^.a AC f 7 4 I .41A p out 0.18,LACJ g gq AC I 3.41 AC 2 g6g1pC 114 I + TOWN OF YARMOUTH 0.71 A a 31 32 P/O 37-1 "'g A� _ _ _ 64 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ P/O 37-65 _ _ - _ _ _ _ _ I _ _ _ _ _ _ _ LAND BANK _ _ _ _ _ _ _ _ _ _ _ _ - L 0.74 AC P/0 37-73 - - - P/0137-62.1.3C P/0 3T61 I DATE OF LATEST MAP REVISION: 9/22/21 TAX MAP N INFORMATION SHOWN HEREON IS FORASSESSING 100 50 0 100 200 TOWN OF YARMOUTH PURPOSES ONLY. NO LIABILITY FOR ERROR IS ASSUMED BY THE TOWN OF YARMOUTH. Feet W E BARNSTABLE COUNTY, MASSACHUSETTS s SHEET 37