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HomeMy WebLinkAboutNOI_Draft_121Mayflower_CoastalBankStabilization Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 121 Mayflower Terrace, South Yarmouth, MA Notice of Intent Application Coastal Bank Stabilization Town of Yarmouth Conservation Commission November 2022 Prepared for: Gerald Manning 121 Mayflower Terrace South Yarmouth, MA 02664 BSC Job #50720.00 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 NOVEMBER 17, 2022 www.bscgroup.com Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Attn: Brittany DiRienzo, Conservation Agent RE: Notice of Intent Application, Installation of Coir-envelope System to Stabilize Coastal Bank, 121 Mayflower Terrace, South Yarmouth, MA, BSC Project# 50720.00 Dear Ms. DiRienzo and Members of the Conservation Commission: BSC Group, Inc. (BSC) is pleased to submit this Notice of Intent (NOI) Application on behalf of Gerald Manning (the Applicant), for the property located at 121 Mayflower Terrace, South Yarmouth (the Site). The proposed project at the site involves the installation of coir envelopes along eroding coastal bank, with sand nourishment and planting beach grass atop nourishment to increase stabilization. The proposed coastal bank stabilization will occur adjacent the confluence of Kelley’s Bay and Follins Pond, the Bass River, as well as salt marsh located to the northwest of the Site. The proposed project will be located within Coastal Bank, Riverfront Area, and 100-foot Buffer Zone to Coastal Beach, Coastal Bank, and Salt Marsh. For more information, please refer to the attached Site Plans. Enclosed please find the Notice of Intent application and accompanying materials. If you have any questions or require additional information, please contact out office at (508) 778 - 8919. Truly yours, BSC GROUP, INC. Matthew Creighton, PWS Senior Project Manager / Senior Associate cc: Massachusetts Department of Environmental Protection, Southeast Regional Office, 20 Riverside Drive, Lakeville, MA 02347 Gerald Manning, 121 Mayflower Terrace, South Yarmouth, MA 02664 TABLE OF CONTENTS Item Attachment Town of Yarmouth Application Forms 1 Notice of Intent Form 2 Project Description 3 USGS Site Locus Map 4 FEMA Map 5 NHESP Priority & Estimated Habitat Map 6 Abutter Information 7 Site Plans 8 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 bdirienzo@yarmouth.ma.us Rev 9/2022 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 Administratively 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: 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) 1 original hardcopy NOI application with original signatures (double sided). Typed signatures will not be accepted. 1 hardcopy 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 hardcopy 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. All abutters must be notified via certified mail. 1 original and 7 copies of the plan, folded separately, right side out with title and project address 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 pdf copy of the entire signed application, supporting information listed above, and plan emailed to bdirienzo@yarmouth.ma.us. Please list project property’s street address in the pdf file name. Submit Certified Mail Receipts (PS Form 3800) for all abutters. If applicable, 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 bdirienzo@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. CONSERVATION OFFICE 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 bdirienzo@yarmouth.ma.us Rev 9/2022 Page 2 of 2 Yarmouth’s share of State filing fee: separate check made payable to “Town of Yarmouth” (refer to NOI Wetland Fee Transmittal Form) By-law filing fee: separate check made payable to “Town of Yarmouth” 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 If you are filing with MassDEP using eDEP, please include a copy of the submittal 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 the same day to DEP, Southeast Region at SERO_NOI@mass.gov with the subject line in the email per DEP’s request listed as “YARMOUTH - NOI - Street Address - Applicant Name” and copied to bdirienzo@yarmouth.ma.us. We must receive a copy of this email with the application as proof that it has been submitted 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? *To view all Conservation files/permits 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 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 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): 121 Mayflower Terrace a. Street Address Yarmouth b. City/Town 02664 c. Zip Code Latitude and Longitude: 41.699517 d. Latitude -70.174513 e. Longitude 120 f. Assessors Map/Plat Number 1.3 g. Parcel /Lot Number 2. Applicant: Gerald a. First Name Manning b. Last Name Gerald & Marian B. Manning Trustees, Gerald Manning Living Trust c. Organization 121 Mayflower Terrace d. Street Address South Yarmouth e. City/Town MA f. State 02664 g. Zip Code h. Phone Number i. Fax Number gerrymanning@comcast.net 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): Matthew a. First Name Creighton 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 mcreighton@bscgroup.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $1008.00 a. Total Fee Paid $491.50 b. State Fee Paid $516.50 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: The proposed project involves the installation of coir envelopes along a portion of eroding coastal bank, with sand nourishment and planting beach grass atop nourishment to increase stabilization. The proposed coastal bank stabilization will occur adjacent the confluence of Kelleys Bay and Follins Pond, as well as salt marsh located to the northwest of the Site. 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) 25668 c. Book 293 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 Bass River 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: 467 a. total square feet 467 b. square feet within 100 ft. 0 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 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 168 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 467 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 Phone: (508) 389-6360 2022 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 to Accompany A Notice of Intent a. Plan Title BSC Group, Inc b. Prepared By Kieran J. Healy, PLS c. Signed and Stamped by 11/10/2022 d. Final Revision Date 1" = 30' 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: 1227 2. Municipal Check Number 11-15-22 3. Check date 1126 4. State Check Number 11-15-22 5. Check date The Parker River Realty Trust 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: 121 Mayflower Terrace a. Street Address Yarmouth b. City/Town 1226 c. Check number $491.50 d. Fee amount 2. Applicant Mailing Address: Gerald a. First Name Manning b. Last Name Gerald & Marian B. Manning Trustees, Gerald Manning Living Trust c. Organization 121 Mayflower Terrace d. Mailing Address Yarmouth e. City/Town MA f. State 02664 g. Zip Code h. Phone Number i. Fax Number gerrymanning@comcast.net 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: $4 x 168 lf 1 $4/lf $672.00 RFA Multiplier ($672.00 x 1.5) $1008.00 Bylaw Fee: $2 x 168 lf = $336.00 Ad Fee: $10.00 Step 5/Total Project Fee: $1008.00 Step 6/Fee Payments: Total Project Fee: $1008.00 a. Total Fee from Step 5 State share of filing Fee: $491.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $516.50 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 121 Mayflower Terrace South Yarmouth, MA PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project located at 121 Mayflower Terrace (the Site) in South Yarmouth, MA involves the installation of coir envelopes along eroding coastal bank, sand nourishment and planting beach grass atop nourishment to increase stabilization of the bank (the Project). The proposed coastal bank stabilization will occur adjacent to the confluence of Kelley’s Bay and Follins Pond, which is a segment of the Bass River located to the northwest of the Site. This application is being submitted in accordance with the Town of Yarmouth Wetlands Protection Bylaw (the Yarmouth Bylaw) and Massachusetts Wetlands Protection Act and associated regulations (the WPA). 2.0 SITE DESCRIPTION The property located at 121 Mayflower Terrace is a single-family dwelling which is bordered by forest land, salt marsh to the northwest and the confluence of Kelley’s Bay and Follins Pond to the northeast. The wetland resource areas and areas of conservation jurisdiction on the site that are protected under the Wetlands Protection Act and the Town of Yarmouth Wetland Protection Bylaw include: • Coastal Beach • Salt Marsh • Riverfront Area (RFA) to Bass River • Coastal Bank • Land Subject to Coastal Storm Flowage, Zone AE (Elevation 9) 3.0 PROPOSED ACTIVITIES The purpose of this application is to authorize the following proposed activities: The proposed project at the site includes installing 467 square feet (sf) of sand filled coir envelops, installed along 168 linear feet (lf) of eroding coastal bank above the sand and cobblestone coastal beach. The coir envelopes are being proposed to mitigate for significant erosion occurring since the early 2000’s. The proposed coir envelope system will be made up of 40’ long coir envelopes (3’ x3’ in width/height) which are comprised of outer coir layers, inner jute layers, and sand in the center. The coir envelops will be stacked at an angle that matches the existing coastal bank and staked at the toe of the slope with 10’ long green oak stakes, spaced approximately 3’ apart, extending 7’ below the coir envelopes. The coir envelope system will be covered with roughly 12” of sand nourishment matching the characteristics of the sand on the existing beach. The nourishment will then be planted with American beachgrass (Ammophila breviligulata) to increase the stability of the coastal bank. Sand nourishment will be added to coir envelopes in the future when sand cover is reduced to 4” or less. The coir envelopes are fully biodegradable and will not be permanent, but it is the intention that this system will last approximately 8-10+ years. Furthermore, repair of the coir envelope system can be done in segments, meaning that any damaged coir envelopes can be replaced without the need to replace or even excavate the entire system (if needed). The proposed coir system will be used to stabilize the bank long enough for vegetation to re-establish. Access to the coastal bank will be gained using a temporary access road across landscaped lawn area, which will be restored to its original condition immediately following work. Impacts to the coastal bank include access over the bank for equipment (partially through vegetated bank) and the installation of coir envelopes in the existing disturbed area. All work will fall within the RFA associated with the Bass River however, the work is temporary in nature and all stabilization measures are biodegradable. Once the system has been installed, topped with sand nourishment, and planted with the beachgrass, the bank will be able to continue to provide the functions of a coastal bank, protecting upland areas as well as providing sand to adjacent salt marsh areas. No impacts to salt marsh are proposed. 4.0 ALTERNATIVES ANALYSIS (Not required for redevelopment of a RFA but have been provided) • No Build Alternative This alternative would propose to leave the eroding coastal bank as is, without any measures to stabilize. This alternative would likely see the continuation of erosion on the coastal bank, which threatens upland and buffer zone forest, which also lays within Riverfront Area. Not only does the Notice of Intent 121 Mayflower Terrace South Yarmouth, MA continue erosion of the coastal bank threaten the applicant’s property but is also reduces the stability of the bank and it’s overall function. For these reasons, this alternative is not proposed. • Reduced Build This alternative would reduce the extent of the proposed coir envelope system within coastal bank. This would reduce the area of coastal bank that would be impacted by the installation of the coir envelope system but would also reduce the stabilization provided to the area of coastal bank which is currently eroding. The proposed project intends to stabilize the extent of the coastal bank which is currently eroding and wrapping the ends landward to increase the strength of the system. To reduce the proposed length or size of the system would reduce the longevity of the system and weaken the stability provided to the upland areas of coastal bank. For these reasons, this alternative is not proposed. • Proposed Solution Alternative The proposed solution would stabilize only the area of coastal bank that is currently eroding. It will cover the system with a minimum of 12” of sand to allow for adequate sediment depth for planting of beachgrass (typically 8” deep). This approach is the least impactful approach to temporarily stabilize the bank and allow for vegetation to reestablish, as such it is the preferred approach to stabilize this bank. 5.0 COMPLIANCE WITH RIVERFRONT AREA REGULATIONS UNDER 310 CMR 10.58(5) The project meets the standards for redevelopment within the Riverfront Area 310 CMR10.58 (5): (a) Overall, the project will improve RFA on Site by stabilizing the entire segment of eroding coastal bank located above coastal beach and adjacent to salt marsh. Using the more “natural” solution of coir envelopes, topped with sand, and planted with negative beachgrass, the resulting costal bank will provide enhanced protection to the RFA and adjacent resource areas, as well as valuable habitat, without reducing the functions of the coastal bank or increasing “hard” or impervious structures within RFA. (b) Stormwater management is not relevant to this project. (c) The work is located closer to the river than existing disturbance/structures. The project does not include permanent structures. (d) No structures or imperious area is associated with the proposed work. The coir envelopes will be covered with sand and planted with native beach grass. The coir envelops are sand filled and permeable. (e) The proposed project will not increase the total amount of RFA disturbance as the coastal bank stabilization measures used for this project will be buried under sand and planted following the installation of the coir envelopes. The proposed project is proposing the planting of roughly 467 sf of coastal bank, which is currently completely exposed (and unvegetated), which will be a significant betterment to both coastal bank and RFA. (f) N/A above standard have been met. However, the proposed project is to restore a degraded coastal bank with a soft solution and native planting. (g) N/A above standards have been met. However, the proposed project does provided mitigation by vegetating a degraded coastal bank. 6.0 MITIGATION Construction materials will be stored temporarily in upland areas outside of beach and coastal bank. Prior to the start of work the contractor is to review the daily forecast to ensure no significant storm systems are forecast to be moving through the area during the time of work. If storms are forecast, the contractor shall make every effort to move equipment and materials out of the flood zone area and leave the site in a secure condition to minimize potential impacts to the coastal bank or coastal beach. Following construction, all disturbed areas will be returned to original grade and/or planted with native planting. Proposed work will be conducted over a few weeks and will be stabilized as soon as the planting season allows. 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\5072000\Environmental\GIS\Output\Maps\MXD\ReportMaps\LOCUS_Map_121Mayflower.mxdDate Saved: 11/10/2022 12:09:33 PM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013National GeographicSociety, i-cubed121 MAYFLOWER TERRACE SOUTH YARMOUTH, MAUSGS Site Locu s M ap (pa ge size: 8.5 X 11) 1 inch = 2 ,0 00 fe et 0 1,000 2,000 Feet H Site Location 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 11/10/2022 at 11:57 AM 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°10'47"W 41°42'10"N 70°10'10"W 41°41'44"N Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 kjkjkj kj kj kj kj kj kj kj kj YARMOUTH DENNIS 41°42'0"N41°42'0"NDocument Path: \\bscbos\yar\Projects-YAR\5072000\Environmental\GIS\Output\Maps\MXD\ReportMaps\NHESP_Map_121Mayflower.mxdDate Saved: 11/10/2022 12:23:34 PM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013National GeographicSociety, i-cubedNHESP MAP 121 M ayflower Terrace South Yarmouth, M A (Page size: 8.5 X 11) 1 inch = 250 feet 0 130 260 Feet H 1:3,000 , PRO JECTAREA Sources: Esri, HERE, Garmin,Intermap, increment P Corp.,GEBCO, USGS, FAO, NPS,NRCAN, GeoBase, IGN, Legend Town Boun dary (2) kj Ce rtified Ver nal Pools kj Pot ential Vern al Pools NHESP Prior ity Habitats NHESP Estimat ed Habitats Areas of Critical Environmental Concern 11/17/22, 9:12 AM about:blank about:blank 1/2 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 Gerald Manning 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 121 Mayflower Terrace, Yarmouth D. Proposed work is coastal bank stability work 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 South Yarmouth State MA Zip 02664 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. Abutting Properties for 121 MAYFLOWER TERR YARMOUTH PORT, MA 02675 120/ 1.3/ / / (Direct Abutters) Location: 119/ 42/ / / 6 AZALEA LN Owner: HOWES ALFRED G HOWES JUDITH R 6 AZALEA LN SOUTH YARMOUTH, MA 02664-1102 Location: 119/ 56/ / / 113 MAYFLOWER TERR Owner: GORSKI RICHARD GORSKI JEAN 113 MAYFLOWER TERR SOUTH YARMOUTH, MA 02664 Location: 119/ 57/ / / 117 MAYFLOWER TERR Owner: DOVELL DAVID F DOVELL LESA C P O BOX 676 WEST DENNIS, MA 02670-0676 Location: 119/ 38/ / / BUTTERCUP LN Owner: TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH, MA 02664-4463 Location: 120/ 1.2.1/ / / 125 MAYFLOWER TERR Owner: KAYE JAMES S KAYE MERYL E 58 CLUBHOUSE LN WAYLAND, MA 01778 Location: 120/ 1.3/ / / 121 MAYFLOWER TERR Owner: MANNING GERALD TRS MANNING MARIAN B TRS 121 MAYFLOWER TERR SOUTH YARMOUTH, MA 02664 Photo 1: View of salt marsh north of the Site, near eroding bank. Facing Northwest. Photo 2: View of eroding coastal bank adjacent to the connection between Kelleys Bay and Follins Pond.Facing Northwest. Site Photographs 121 Mayflower Terrace South Yarmouth, MA 8/22/2022 Page 1