Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Updated NOI application
Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 Crowell Beach, West Yarmouth Notice of Intent Application Maintenance Dredge of Tidal Creek Town of Yarmouth Conservation Commission March 2022 Prepared for: Crowell Beach Association Carl Valeri (Association President) 47 Crowell Road West Yarmouth, MA 02673 BSC Job #50769.00 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 March 30, 2023 Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Attn: Brittany DiRienzo, Conservation Agent RE: Notice of Intent Application: Crowell Beach Association, West Yarmouth, Massachusetts, BSC Job #50769.00 Dear Ms. DiRienzo and Members of the Conservation Commission: BSC Goup, Inc. is pleased to submit this Notice of Intent Application (NOI) on behalf of our client, the Crowell Beach Association c/o Carl Valeri for work proposed at Crowell Beach in West Yarmouth (the Site). This application Is being submitted to permit maintenance dredge of a tidal creek. This application Is being submitted In accordance with the regulations stated within the Massachusetts Wetlands Protection Act (310 CMR 10.00) and the Town of Yarmouth Wetlands Protection Bylaw. Please review this NOI application and let me know if you have any questions or require additional information at (508) 778 - 8919. Sincerely, BSC GROUP, INC. Paul Mancuso, WPIT Wetland Scientist cc: Crowell Beach Association c/o Carl Valeri, 47 Crowell Road, West Yarmouth, 02673 Division of Marine Fisheries, Southeast Marine Fisheries Stati on, Attn: Environmental Reviewer, 836 South Rodney French Blvd, New Bedford, MA 02744 Massachusetts Department of Environmental Protection, Southeast Regional Office, 20 Riverside Drive, Lakeville, MA 02347 Yarmouth Waterways Committee, Attn: Karl van Hone, Director of Natural Resources, 424 Route 28, West Yarmouth, MA 02744 TABLE OF CONTENTS Item Attachment Town of Yarmouth NOI Application Forms 1 Notice of Intent Form 2 Filing Fee Information 3 Project Description 4 USGS Site Locus Map 5 FEMA Map 6 NHESP Priority & Estimated Habitat Map 7 Site Photographs 8 Abutter Information 9 Site Plans 10 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 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): 138 Crowell Road a. Street Address West Yarmouth b. City/Town 02673 c. Zip Code Latitude and Longitude: 41.639289 d. Latitude -70.241635 e. Longitude 17 f. Assessors Map/Plat Number 72 g. Parcel /Lot Number 2. Applicant: Carl a. First Name Valeri b. Last Name Crowell Beach Association c. Organization 47 Crowell Road d. Street Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code h. Phone Number i. Fax Number CarlValeri30@GMail.com j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner a. First Name b. Last Name Debra M Salvucci Trust c. Organization 170 Stayner Drive d. Street Address Hingham e. City/Town MA f. State 02043 g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Paul a. First Name Mancuso 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 PMancuso@BSCGroup.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $1,950.00 a. Total Fee Paid $962.50 b. State Fee Paid $987.50 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 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town A. General Information (continued) 6. General Project Description: Proposed project is to perform maintenance dredge of a tidal creek and beach nourishment at Crowell Beach. 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) 35628 c. Book 179 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 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 6/18/2020 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 2,380 1. square feet 190 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 15,533 1. square feet 190 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 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 15,533 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 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 2023 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 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 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 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 Healy, PLS c. Signed and Stamped by 3/30/2023 d. Final Revision Date 1" = 20' 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: 3071 2. Municipal Check Number 3/17/2023 3. Check date 3073 4. State Check Number 3/17/2023 5. Check date Crowell Beach Associates, Inc. 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: 138 Crowell Road a. Street Address West Yarmouth b. City/Town 3071 c. Check number $962.50 d. Fee amount 2. Applicant Mailing Address: Carl a. First Name Valeri b. Last Name Crowell Beach Association c. Organization 47 Crowell Road d. Mailing Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code h. Phone Number i. Fax Number CarlValeri30@GMail.com j. Email Address 3. Property Owner (if different): a. First Name b. Last Name Debra M Salvucci Trust c. Organization 170 Stayner Drive d. Mailing Address Hingham e. City/Town MA f. State 02043 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 Cat 4 (h) Dredge: $1,450.00 1 $1,450.00 $1,450.00 Cat 2 (c) Beach Nourish: $500.00 1 $500.00 $500.00 Town ByLaw Cat 2: $200.00 Town ByLaw Cat 4: $400.00 Legal Ad Fee: $10.00 Step 5/Total Project Fee: $1,950.00 Step 6/Fee Payments: Total Project Fee: $1,950.00 a. Total Fee from Step 5 State share of filing Fee: $962.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $987.50 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 138 Crowell Road West Yarmouth, Massachusetts PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project located at 138 Crowell Road (the Site) in West Yarmouth, MA involves maintenance dredging of a tidal creek and beach nourishment of Crowell Beach . This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protection By-law. 2.0 SITE DESCRIPTION The property located at 138 Crowell Beach contains a single-family home. The property is bordered by single family homes to the northwest and northeast, with a tidal creek to the east and Lewis Bay to the west. 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’s Wetland Protection Bylaw include: • Coastal Beach • Coastal Dune • Land Containing Shellfish • Land Subject to Coastal Storm Flowage, Zone VE (Elevation 16) • Land Under Ocean (Tidal Creek) • Salt Marsh 3.0 PROPOSED ACTIVITIES The purpose of this application is to authorize the following activities: Maintenance Dredging and Beach Nourishment: An existing tidal creek flows from 138 Crowell Road into a northeast cove of Lewis Bay. Over the years the inlet configuration has changed. Aerial photographs from 2008 and 2018 show the inlet had a relatively straight configuration and flowed out into Lewis Bay parallel to the line of existing wood piles. Currently, where the tidal creek meets the beach, the inlet meanders northwest along a stone revetment then turns and drains into Lewis Bay. There is a history dredging this tidal creek. Permits were previously issued to homeowners of 138 Crowell Road to perform maintenance dredging of the tidal creek to maintain a relatively straight inlet configuration and to place beach nourishment on Crowe ll Beach. Beach nourishment permits were also issued to the Crowell Beach Association to perform beach nourishment of Crowell Beach. The old permits were closed out when the previous owners of 138 Crowell Road were selling their property. Now, the Crowell Beach Association and the current homeowners of 138 Crowell Road are working together to obtain one permit to cover both (1) maintenance dredging of the tidal creek and to (2) to apply beach nourishment to Crowell Beach. The proposed maintenance dredging of the tidal creek matches the previously approved maintenance dredge plans for the creek. The proposed dredge area is ± 2,380 sf and will remove approximately ±190 cy of sediment from that area. The proposed beach nourishment will match the previously approved nourishment plans. So, an area of ±15,533 sf of Crowell Beach is proposed for beach nourishment. The ±190 cy of sediment that is Notice of Intent 138 Crowell Road West Yarmouth, Massachusetts proposed to be dredged is proposed to be used for beach nourishment. The applicant would also like the ability to truck in compatible beach sand to use for beach nourishment in future years when dredging may not be needed. All maintenance dredging will be completed by mechanical means at low tide. Access will be gained from the Association owned beach at the end of Crowell Road. A rubber -tired backhoe will be used for the maintenance dredging to minimize impacts to the coastal beach. All dredge material will be spread on Site on Crowell Beach as nourishment. There is an existing Chapter 91 permit to perform maintenance dredging of this tidal creek and beach nourishment of Crowell Beach. As such, these proposed plans follow the approved Chapter 91 plans. 4.0 PERFORMANCE STANDARDS 310 CMR 10.25 Land Under Ocean WHEN LAND UNDER THE OCEAN OR NEARSHORE AREAS OF LAND UNDER THE OCEAN ARE FOUND TO BE SIGNIFICANT TO THE PROTECTION OF MARINE FISHERIES, PROTECTION OF WILDLIFE HABITAT, STORM DAMAGE PREVENTION OR FLOOD CONTROL, 310 CMR 10.25(3) THROUGH (7) SHALL APPLY: 310 CMR 10.25 (3): Improvement dredging for navigational purposes affecting land under the ocean shall be designed and carried out using the best available measures so as to minimize adverse effects on such interests caused by changes in: (a) bottom topography which will result in increased flooding or erosion caused by an increase in the height or velocity of waves impacting the shore; (b) sediment transport processes which will increase flood or erosion hazards by affecting the natural replenishment of beaches; (c) water circulation which will result in an adverse change in flushing rate, temperature, or turbidity levels; or (d) marine productivity which will result from the suspension or transport of pollutants, the smothering of bottom organisms, the accumulation of pollutants by organisms, or the destruction of marine fisheries habitat or wildlife habitat. The proposed project does not include improvement dredging. 310 CMR 10.25 (4): Maintenance dredging for navigational purposes affecting land under the ocean shall be designed and carried out using the best available measures so as to minimize adverse effects on such interests caused by changes in marine productivity which will result from the suspension or transport of pollutants, increases in turbidity, the smothering of bottom organisms, the accumulation of pollutants by organisms, or the destruction of marine fisheries habitat or wildlife habitat. The proposed project does not include maintenance dredging for navigational purposes. 310 CMR 10.25 (5): Projects not included in 310 CMR 10.25(3) or (4) which affect nearshore areas of land under the ocean shall not cause adverse effects by altering the bottom topography so as to increase storm damage or erosion of coastal beaches, coastal banks, coastal dunes, or salt marshes. Notice of Intent 138 Crowell Road West Yarmouth, Massachusetts The proposed project will not cause adverse effects to storm damage or erosion of coastal beaches, coastal banks, coastal dunes, or salt marshes. The adjacent coastal dune, and salt marsh will not be impacted. 310 CMR 10.25 (6): Projects not included in 310 CMR 10.25(3) which affect land under the ocean shall if water-dependent be designed and constructed, using best available measures, so as to minimize adverse effects, and if non-water-dependent, have no adverse effects, on marine fisheries habitat or wildlife habitat caused by: (a) alterations in water circulation; (b) destruction of eelgrass (Zostera marina) or widgeon grass (Rupia maritina) beds; (c) alterations in the distribution of sediment grain size; (d) changes in water quality, including, but not limited to, other than natural fluctuations in the level of dissolved oxygen, temperature or turbidity, or the addition of pollutants; or (e) alterations of shallow submerged lands with high densities of polychaetes, mollusks or macrophytic algae. The proposed project will not have adverse effects of water circulation, eelgrass beds, distributions of sediment grain size, water quality, or shallow submerged lands with high densities of polychaetes, mollusks, or macrophytic algae. 310 CMR 10.25 (7): Notwithstanding the provisions of 310 CMR 10.25(3) through (6), 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 The proposed project is not located within habitat of rare vertebrate or invertebrate species. 310 CMR 10.27 Coastal Beach WHEN A COASTAL BEACH IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION, FLOOD CONTROL, OR PROTECTION OF WILDLIFE HABITAT 10.27 (3) THROUGH (7) SHALL APPLY: 310 CMR 10.27 (3): Any project on a coastal beach, except any project permitted under 310 CMR 10.30(3)(a), shall not have an adverse effect by increasing erosion, decreasing the volume or changing the form of any such coastal beach or an adjacent or downdrift coastal beach. The proposed project will not increase erosion at the Site nor will it decrease the volume or changing the form of any such coastal beach or an adjacent or downdrift coastal beach. 310 CMR 10.27 (4): Any groin, jetty, solid pier, or other such solid fill structure which will interfere with littoral drift, in addition to complying with 310 CMR 10.27(3), shall be constructed as follows: The proposed project does not include any groin, jetty, solid pier, or other such solid fill structure. 310 CMR 10.27 (5): Notwithstanding 310 CMR 10.27(3), beach nourishment with clean sediment of a grain size compatible with that on the existing beach may be permitted. Notice of Intent 138 Crowell Road West Yarmouth, Massachusetts Sediment grain size analysis will be completed after issuance of an OOC. The state and federal agencies in charge of sediment handling will be given a full sediment analysis. 310 CMR 10.27 (6): In addition to complying with the requirements of 310 CMR 10.27(3) and (4), a project on a tidal flat shall if water-dependent be designed and constructed, using best available measures, so as to minimize adverse effects, and if non-water-dependent, have no adverse effects, on marine fisheries and wildlife habitat caused by: (a) alterations in water circulation; (b) alterations in the distribution of sediment grain size; and (c) changes in water quality, including, but not limited to, other than natural fluctuations in the levels of dissolved oxygen, temperature or turbidity, or the addition of pollutants. The proposed project will not have adverse effects on water circulation, distribution of sediment grain size, of Lewis Bay or the unnamed tidal creek. 310 CMR 10.27 (7): Notwithstanding the provisions of 310 CMR 10.27(3) through (6), no project may be permitted which will have any adverse effect on specified habitat sites or rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. The proposed project is not located within habitat of rare vertebrate or invertebrate species. 310 CMR 10.34 Land Containing Shellfish WHEN A RESOURCE AREA, INCLUDING LAND UNDER THE OCEAN, TIDAL FLATS, ROCKY INTERTIDAL SHORES, SALT MARSHES, OR LAND UNDER SALT PONDS IS DETERMINED TO BE SIGNIFICANT TO THE PROTECTION OF LAND CONTAINING SHELLFISH AND THEREFORE TO THE PROTECTION OF MARINE FISHERIES, 310 CMR 10.34(4) THROUGH (8) SHALL APPLY 310 CMR 10.34 (4): Except as provided in 310 CMR 10.34(5), any project on land containing shellfish shall not adversely affect such land or marine fisheries by a change in the productivity of such land caused by: (a) alterations of water circulation; (b) alterations in relief elevation; (c) the compacting of sediment by vehicular traffic; (d) alterations in the distribution of sediment grain size; (e) alterations in natural drainage from adjacent land; or (f) changes in water quality, including, but not limited to, other than natural fluctuations in the levels of salinity, dissolved oxygen, nutrients, temperature or turbidity, or the addition of pollutants. The proposed project will not adversely affect water circulation, relief elevation, compacting of sediment by vehicular traffic, distribution of sediment grain size, natural drainage from adjacent land, or water quality of Lewis Bay or the unnamed tidal creek. 310 CMR 10.34 (5): Notwithstanding the provisions of 310 CMR 10.34(4), projects which temporarily have an adverse effect on shellfish productivity but which do not permanently destroy the habitat may be permitted if the land containing shellfish can and will be returned substantially to its former productivity in less than one year from the commencement of work, Notice of Intent 138 Crowell Road West Yarmouth, Massachusetts unless an extension of the Order of Conditions is granted, in which case such restoration shall be completed within one year of such extension The proposed project is maintenance dredging and beach nourishment. This area has been dredged and nourished before and there are existing healthy population s of shellfish in the area. This shows that dredging this area and applying beach nourishment will not have an adverse effect on the shellfish productivity of the area. 310 CMR 10.34 (6): In the case of land containing shellfish defined as significant in 310 CMR 10.34(3)(b) (i.e., those areas identified on the basis of maps and designations of the Shellfish Constable), except in Areas of Critical Environmental Concern, the issuing authority may, after consultation with the Shellfish Constable, permit the shellfish to be moved from such area under the guidelines of, and to a suitable location approved by, the Division of Marine Fisheries, in order to permit a proposed project on such land. Any such project shall not be commenced until after the moving and replanting of the shellfish have been commenced. If the shellfish warden deems it necessary to relocate shellfish prior to the start of the project then that will be taken care of. 310 CMR 10.34 (7): Notwithstanding 310 CMR 10.34(4) through (6), projects approved by the Division of Marine Fisheries that are specifically intended to increase the productivity of land containing shellfish may be permitted. Aquaculture projects approved by the appropriate local and state authority may also be permitted. The proposed project is not specifically intended to increase the productivity of land containing shellfish. 310 CMR 10.34 (8): Notwithstanding the provisions of 310 CMR 10.34(4) through (7), no project may be permitted which will have any adverse effect on specified habitat of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. The proposed project is not located within habitat of rare vertebrate or invertebrate species. 5.0 MITIGATION MEASURES The proposed maintenance dredging and beach nourishment will comply with all local, state, and federal permit conditions. The proposed work will comply with time-of-year restrictions requested by state and federal agencies. The proposed project will follow recommendations received from the Town of Yarmouth Shellfish Warden and Town of Yarmouth Waterways Commission. The proposed project will improve conditions at the Site by restoring the coastal beach and improving the tidal flushing of the tidal creek. Shellfish Survey Crowell Beach Association Yarmouth, MA 1 SHELLFISH SURVEY DESCRIPTION 1.0 INTRODUCTION On April 11, 2023, Paul Mancuso and Hannah Raddatz, Wetland Scientists of BSC Group (BSC) conducted a shellfish survey from MHW into Land Under the Ocean at the Crowell Beach Association beach located at the end of Crowell Road in Yarmouth (the Site). The purpose of the survey was to evaluate shellfish habitat, shellfish species, and shellfish population density within an area of proposed maintenance dredging and beach nourishment. This shellfish survey accompanies a Notice of Intent application for maintenance dredging of a tidal creek and beach nourishment at the Crowell Beach Association Beach located in Yarmouth, MA (the Site). 2.0 SITE DESCRIPTION The Crowell Beach Association beach is located at the end of Crowell Road in Yarmouth and borders on Lewis Bay. Single-family homes line the beach and Lewis Bay in this area. An unnamed tidal creek drains out into Lewis Bay at Crowell Beach. The configuration of the inlet of this tidal creek has changed in recent years. Previously, the inlet of the tidal creek flowed straight out into Lewis Bay perpendicular to the beach. Currently, the tidal creek meanders slightly north along the beach before draining into Lewis Bay. The purpose of the NOI application is to maintenance dredge the tidal creek to return to its previous configuration and then to maintenance nourish Crowell Beach. Crowell Beach is recognized as suitable habitat for quahogs and soft-shell clams. The following resource areas are located onsite: • Land Under the Ocean • Land Containing Shellfish • Salt Marsh • Coastal Beach • Land Subject to Coastal Storm Flowage (LSCSF) 3.0 SHELLFISH INVENTORY In order to evaluate existing shellfish habitat at the site, BSC conducted a shellfish survey from the Mean High Water (MHW) line throughout the proposed maintenance dredge and beach nourishment area. The weather during the survey was sunny and windy with temperatures around 64F. The survey commenced at approximately low tide. In order to sample for shellfish within the project area, 6 transects, located ~25 feet apart, each with 8 plots, located ~15 feet apart were surveyed as follows… Transect 1 – Located at the northern extent of the project area. Extending ~115 feet seaward from MHW. Transect 2 – Located ~25 feet to the southeast transect 1. Extending ~115 feet seaward from MHW. Transect 3 – Located ~50 feet to the southeast transect 1. Extending ~115 feet seaward from MHW. Shellfish Survey Crowell Beach Association Yarmouth, MA 2 Transect 4 – Located ~75 feet to the southeast transect 1. Extending ~115 feet seaward from MHW. Transect 5 – Located ~100 feet to the southeast transect 1. Extending ~115 feet seaward from MHW. Transect 6 – Located ~125 feet to the southeast transect 1. Extending ~115 feet seaward from MHW. Figure 1: Showing approximate location of Transects for the shellfish survey at Crowell Beach. “T” stands for Transect. Each excavated plot was approximately 4’ x 4’ x 4’ and was surveyed using a standard clam rake. All shellfish uncovered during the survey were recorded and then placed back into their respective plot and buried back in the sand. Table 1 on the next page details the shellfish inventory observed at Crowell Beach. Quahogs were recorded based on size. Sizes of quahogs as follows; seed (<1.5”), littleneck (1.5” -2”), cherrystone (2”-4”), chowder (>4”). Shellfish Survey Crowell Beach Association Yarmouth, MA 3 Table 1 – Crowell Beach Shellfish Inventory Plot – Description Shellfish Substrate and Other Observations Transect 1 1: MHW 0 Sandy 2: 15’ seaward 0 Sandy 3: 30’ seaward 0 Sandy/ gravel 4: 45’ seaward 1 cherry, 2 soft-shells Sandy 5: 60’ seaward 1 seed, 2 littlenecks, 2 soft-shells Sandy 6: 75’ seaward 1 soft-shell Sandy 7: 90’ seaward 1 littleneck, 2 cherrys, 1 razor Sandy 8: 115’ seaward 7 littlenecks, 2 cherrys Sandy Transect 2 1: MHW 0 Sandy 2: 15’ seaward 0 Sandy 3: 30’ seaward 2 soft-shells Sandy/ gravel 4: 45’ seaward 1 soft-shell Sandy 5: 60’ seaward 4 soft-shells Sandy 6: 75’ seaward 0 Sandy 7: 90’ seaward 2 littlenecks, 1 razor Sandy 8: 115’ seaward 6 littlenecks, 3 cherrys, 1 razor Sandy Transect 3 1: MHW 0 Sandy 2: 15’ seaward 0 Sandy 3: 30’ seaward 1 littleneck Sandy 4: 45’ seaward 1 soft-shell Sandy/ gravel 5: 60’ seaward 0 Sandy/ gravel 6: 75’ seaward 4 soft-shells Sandy 7: 90’ seaward 2 soft-shells Sandy 8: 115’ seaward 1 razor Sandy Transect 4 1: MHW 0 Sandy 2: 15’ seaward 0 Sandy 3: 30’ seaward 2 soft-shells Sandy 4: 45’ seaward 0 Sandy/ gravel 5: 60’ seaward 0 Sandy/ gravel 6: 75’ seaward 6 soft-shells Sandy 7: 90’ seaward 4 soft-shells Sandy 8: 115’ seaward 1 razor Sandy Transect 5 1: MHW 0 Sandy 2: 15’ seaward 0 Sandy 3: 30’ seaward 0 Sandy 4: 45’ seaward 1 soft-shell Sandy/ gravel 5: 60’ seaward 0 Sandy/ gravel Shellfish Survey Crowell Beach Association Yarmouth, MA 4 6: 75’ seaward 0 Sandy 7: 90’ seaward 4 soft-shells Sandy 8: 115’ seaward 2 cherrys Sandy Transect 6 1: MHW 0 Sandy 2: 15’ seaward 0 Sandy 3: 30’ seaward 6 soft-shells Sandy 4: 45’ seaward 1 soft-shell Sandy/ gravel 5: 60’ seaward 0 Sandy/ gravel 6: 75’ seaward 4 soft-shells Sandy 7: 90’ seaward 1 littleneck, 2 cherrys, 3 soft-shells Sandy 8: 115’ seaward 6 littlenecks, 3 cherrys Sandy TOTAL NUMBER OF OBSERVATION PLOTS = 48 TOTAL NUMBER OF QUAHOGS = 42 TOTAL NUMBER OF SOFT-SHELL CLAMS = 50 TOTAL NUMBER OF RAZOR CLAMS= 5 TOTAL NUMBER OF BAY SCALLOPS = 0 TOTAL NUMBER OF OYSTERS = 0 Ribbed Mussel Beds Noted in Adjacent Salt Marsh The shellfish survey indicated that Crowell beach is suitable habitat for quahogs, soft-shell clams and razor clams. In total, 48 plots were surveyed for the presence of shellfish. Shellfish were found within 27 of the 48 plots. Shells of deceased individuals were found in every plot and additional shells were observed all over the beach. In total, 42 living quahogs, 50 living soft-shell clams, and 5 living razor clams were observed. Most of the living shellfish observed were found at least 45’ seaward of the MHW line. Most quahogs observed were either littlenecks or cherrystone size (1.5”-4”). Also found within the shellfish survey plots were numerous bloodworms. The adjacent salt marsh has a healthy population of ribbed mussels. 4.0 TEMPORARY IMPACTS The proposed work includes maintenance dredging of a tidal creek inlet and beach nourishment on the adjacent beach. The maintenance dredging will be done mechanically with a long arm excavator. This area has historically been dredged and nourished. Considering that there are existing healthy populations of soft-shell clams and quahogs, it is reasonable to say that the past dredging and beach nourishment has not significantly impacted these populations. The applicant can discuss with the shellfish warden if relocation of existing shellfish would be necessary for the project. Time of year restrictions could be adhered to in order to minimize impacts to shellfish. Specifically, the work could occur during the fall/winter/spring months when shellfish life cycle activity is reduced. During the winter, shellfish live at increased depths in the tidal bottom with reduced metabolism. This would reduce potential impacts to shellfish compared to performing the work during the summer. Shellfish Survey Crowell Beach Association Yarmouth, MA 5 5.0 SUMMARY BSC’s shellfish survey identified the following: ▪ 42 Quahogs (Mercenaria mercenaria) were found within the 48 shellfish plots surveyed. ▪ 50 soft-shell clams (Mya arenaria) were found within the 48 shellfish plots surveyed. ▪ 5 razor clams (Ensis leei) were found within the 48 shellfish plots surveyed. ▪ The salt marsh areas located up the tidal stream contain healthy population of ribbed mussels. ▪ This area has been dredged and nourished in the recent past (approximately 2018), which has not had a significant impact to the shellfish population in the area as there are currently healthy populations. As such, utilizing the same techniques and timing as previously approved/completed will continue to maintain a healthy shellfish population. Photo 1: View of the shellfish survey area at Crowell Beach. Shellfish survey area included the proposed maintenance dredge footprint and beach nourishment footprint. Photo 2: View of four quahogs found during the shellfish survey. Site Photographs Crowell Beach Association Shellfish Survey Crowell Beach, Yarmouth, MA 4/11/2023 Page 1 Photo 3: View of four soft-shell clams found during the shellfish survey. Photo 4: View of one soft-shell clam and a blood worm found during the shellfish survey. Site Photographs Crowell Beach Association Shellfish Survey Crowell Beach, Yarmouth, MA 4/11/2023 Page 2 Copyright:© 2013 National Geographic Society, i-cubed Document Path: \\bscbos\yar\Projects-YAR\5076900\Environmental\GIS\Output\Maps\MXD\ReportMaps\Locus_Map.mxdDate Saved: 3/14/2023 8:16:27 AM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013National GeographicSociety, i-cubedCROWELL BEACHWEST YARMOUTH, MA 02673 Locus Map(Page size: 8.5 X 11) 1 inch = 625 feet 0 340 680 Feet H 1:7,500 ,SITELOCUS 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 3/14/2023 at 8:17 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°14'49"W 41°38'35"N 70°14'11"W 41°38'8"N Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 kj kj YARMOUTH Document Path: \\bscbos\yar\Projects-YAR\5076900\Environmental\GIS\Output\Maps\MXD\ReportMaps\NHESP_Map.mxdDate Saved: 3/14/2023 8:14:39 AM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013National GeographicSociety, i-cubedCROWELL BEACHWEST YARMOUTH, MA 02 673 NHE SP Ma p (Page size: 8.5 X 11) 1 inch = 292 feet 0 160 320 Feet H 1:3,500 ,PROJECTAREA Sources: Esri, HERE, Garmin,Intermap, increment P Corp.,GEBCO, USGS, FAO, NPS,NRCAN, GeoBase, IGN, Legend Town Boun dary NHESP Prior ity Habitats NHESP Estimat ed Habitats Photo 1: View of the existing tidal channel at Crowell Beach that flows into Lewis Bay. Photo 2: View of the existing tidal channel at Crowell Beach that flows into Lewis Bay. Site Photographs Crowell Beach West Yarmouth, MA 01/18/2023 Page 1 Photo 3: View of the existing tidal channel at Crowell Beach that flows into Lewis Bay. Photo 4: View of the existing tidal channel at Crowell Beach that flows into Lewis Bay. Site Photographs Crowell Beach West Yarmouth, MA 01/18/2023 Page 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 Crowell Beach Association c/o Carl Valeri. 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 138 Crowell Road, West Yarmouth, MA. D. Proposed work is maintenance dredging of a tidal creek and beach nourishment on Crowell Beach. 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 BSC Group, Inc. c/o Paul Mancuso Address 349 Route 28, Unit D Town West Yarmouth State MA Zip 02763 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. 3/14/23, 10:02 AM about:blank about:blank 2/3 17/ 72/ / / SALVUCCI DEBRA M TRS C/O SALVUCCI GREGORY J TR 6 STRATFORD WAY LINCOLN , MA 01773 17/ 73/ / / JUDITH A DICARLO TRUST 5 ELIZABETH RD WAYLAND , MA 01778 17/ 18/ / / VILENISKIS NANCY J 41 ROLLING LN WAYLAND , MA 01778 17/ 19/ / / SALVUCCI DEBRA M TR SALVUCCI SUZANNE M TR 170 STAYNER DR HINGHAM , MA 02043 17/ 71/ / / TEXEIRA JOSEPH P TEXEIRA PATRICIA 301 WILLOWGATE RISE HOLLISTON , MA 01746 17/ 70.2/ / / ZAMBELIS EVANGELIA K ZAMBELIS THEODORE H P O BOX 474 WEST YARMOUTH , MA 02673