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HomeMy WebLinkAboutCape Cod Commission DRI Notification Riverwalk Park 07.06.233225 MAIN STREET • P.O. BOX 226 BARNSTABLE, MASSACHUSETTS 02630 (508) 362-3828 • Fax (508) 362-3136 « www.capecodcommission.org CERTIFIED MAIL - RETURN RECEIPT REQUESTED 7019 0640 0001 0150 9002 July 6, 2023 Robert Whritenour, Jr. Town Administrator Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Dear Mr. Whritenour, CAPE COD COMMISSION Re: Yarmouth Riverwalk Park, Boardwalk and Event Space CCC File No: 22031 This letter serves as notice that the above -referenced project has been deemed to be a DRI under Section 2(d)(i) of Chapter A, Code of Cape Cod Commission Regulations, Enabling Regulations Governing Review of Developments of Regional Impact. The Commission received the Secretary's certification of the adequacy of the final SEIR on June 23, 2023 (copy attached). Under Section 6(c)(vi) of Chapter A and Section 13(b) of the Cape Cod Commission Act, the Commission is required to open the public hearing on the project within forty-five (45) days of the Secretarys certification of the adequacy of the final SEIR, which in this case means no later than August 7, 2023. Once opened, the public hearing shall be closed within 90 days following its opening date, unless extended by mutual agreement with the Applicant. To allow for DRI review of the project, the Applicant shall make application with the Commission, which shall be prepared and filed in accordance with the Chapter A of the Code of Commission Regulations ("Enabling Regulations"). Copies of the Commission Act, regulations, and DRI application cover sheet and guidance document, among other relevant regulatory documents, can be found on the Commission's website at www,capecodcommis5ion,org, No municipal development permits may be issued for the project, and no development activity may be undertaken for the project, until the Commission completes its review and issues a DRI approval. Jeff Ribeiro, Regulatory Planner Hat the Commission, is the project manager and your contact person. Please do not hesitate to contact Ms. Velozo should you have further questions. Sin erely, 4saAlln Commission Clerk Page 112 Enclosure CC via regular mail: Yarmouth CCC Representative CC via certified mail: Kathy Williams, Town Planner Mark Grylls, Building Commissioner Steven DeYoung, Chair, Zoning Board of Appeals Grant Kelly, Conservation Administrator Mary Maslowski, Town Clerk Julie Mockabee, Chair, Historical Commission Bruce Murphy, Health Director Page 212 The Commonweafth of Massachusetts Executive Office of Energy anrf EnvironmentalAffairs 100 Cam6ridge Street, Suite 900 go Boston, W 02114 Maura T. Healey GOVERNOR Kimberley Driscoll LIEUTENANT GOVERNOR Rebecca L.Tepper SECRETARY June 23, 2023 Tel: (617) 626-1000 Fax: (617) 626-1081 http://www.mass.gov/m CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS ON THE SINGLE ENVIRONMENTAL IMPACT REPORT PROJECT NAME PROJECT MUNICIPALITY PROJECT WATERSHED EEA NUMBER PROJECT PROPONENT DATE NOTICED IN MONITOR Yarmouth Riverwalk Park, Boardwalk and Event Space Yarmouth Cape Cod 16623 Town of Yarmouth June 10, 2023 Pursuant to the Massachusetts Environmental Policy Act (MEPA; M.G.L. c. 30, ss. 61- 62L) and Section 11.08 of the MEPA regulations (301 CMR 11.00), I have reviewed the Single Environmental Impact Report (Single EIR) and hereby determine that it adequately and properly complies with MEPA and its implementing regulations. Project Description As described in the Single EIR, the project consists of the redevelopment and restoration of a site owned by the Town of Yarmouth (Town) into a park (referred to as "Riverwalk Park"), boardwalk, and event space. Riverwalk Park will include a four -acre, grassed, multi -use field area surrounded by walking paths. The field area is intended to be used periodically for outdoor events (such as concerts) and overflow parking associated with such events. As currently proposed, access to the site will be provided by a paved roadway extending in a southerly direction off of Route 28 that will border the eastern limit of the field area, adjacent to Parkers River. The access road will have two loops, one at the southern terminus and one adjacent to a 1,130 square foot (sf) park office/restroom building that is proposed just north of the field area. A total of 88 pervious parking spaces are proposed on either side of the access road between the two loops. Between the access road and the Parkers River, the project proposes to construct up to nine artist shanties (140 sf each) supported by concrete pads, as well as a nature -based play area EEA# 16623 Single EIR Certificate June 23, 2023 EENF) to 14,277 sf. An invasive species inventory and management plan was also prepared and incorporated into the proposed project mitigation through the Yarmouth Conservation Commission review process. In response to feedback from the Massachusetts Office of Coastal Zone Management (CZM), the previously proposed use of geogrid reinforced turf along the perimeter shared -use path was eliminated, and instead replaced with a modified gravel and loam soil mixture that the Single EIR states will both support grass growth and withstand vehicle loads. As described in the Single EIR, this revision will avoid extensive areas of plastic geogrid material and eliminate the risk of the geogrid working loose in a flood event and becoming floating marine debris. Additionally, the site grading has been revised in the area east of the first cul-de-sac to provide grading to approximately elevation (el.) 7.30 feet (ft) NAVD88. This change was introduced as a mitigation measure to minimize the risk of potential erosion due to increased flood velocities occurring within the Coastal AE Zone. The Single EIR states that this area will have additional boulder outcrops, plant pockets and tree and shrub plantings to slow and dissipate flood waters. Finally, the Single EIR states that the proposed grading around the event space was revised to prevent channelization of water at the southern extent of the event space as flood water recedes. Project Site The 119.78-acre project site includes a 23-acre parcel previously utilized for the Yarmouth Drive -In theater, as well as 8 acres of the Lewis Pond Marsh Conservation Area (which separately totals 170 acres). The remainder of the project site is comprised of predominantly undeveloped land. The area previously utilized for the drive-in (where the majority of the project will be located) includes a large area of cleared land (in addition to a vegetated perimeter) that has been extensively altered. Informal walking trails, litter, and debris (including glass and asphalt associated with the former use) are currently found in the area. As noted above, an existing driveway leads to the upweller facility located on the west bank of Parkers River, which is currently in operation. The project site is bounded by commercial developments associated with Route 28 to the north, residential housing to the west, the Parkers River to the east, and the remainder of the Lewis Pond Marsh Conservation Area to the south. At the entrance to the project site, abutting Route 28, a wastewater pump station is proposed to be constructed by the Town, separate from the project proposed herein. The pump station (and associated service drive, walkways, landscaping, etc.) is in the final stages of design, and will be constructed under a separate contract. t The project site contains numerous coastal and wetland resources areas, including Salt Marsh, Coastal Beach, Land Under Ocean (LUO), Land Subject to Coastal Storm Flowage (LSCSF), BVW, Riverfront Area, Fish Runs, and Land Containing Shellfish. Parkers River is listed as an impaired waterbody due to the presence and/or concentration of several different nutrients or pollutants, and has an associated Total Maximum Daily Load (TMDL) for nitrogen. ' The pump station is proposed as part of the Yarmouth Comprehensive Wastewater Management Plan (CWMP), which was first filed with the MEPA Office in 2011 and assigned EEA# 14659. A Certificate was issued on September 30, 2022 (on the Single EIR filed for the Yarmouth CWMP) which found that the project adequately and properly complied with MEPA and its implementing regulations. EEA# 16623 Single EIR Certificate June 23, 2023 will involve the alteration of 10 or more acres of any other wetlands. The project additionally exceeds the ENF thresholds at 301 CMR 11.03(3)(b)(1)(c) and 11.03(3)(b)(1)(f) because it will result in the alteration of 1,000 or more sf of Salt Marsh and the alteration of one half or more acres of any other wetlands, respectively. The project requires the preparation of an EIR under 301 CMR 11.06(7)(b) of the MEPA regulations because it is located within one mile of one or more EJ populations (specifically, the site is within an EJ population). The project requires a Chapter 91 (c.91) License and 401 Water Quality Certification (WQC) from the Massachusetts Department of Environmental Protection (MassDEP) and a Vehicular Access Permit from the Massachusetts Department of Transportation (MassDOT). The project requires a Stormwater Management Permit and an Order of Conditions from the Yarmouth Conservation Commission among several other permits from the Town; the Single EIR indicates that Orders of Conditions were issued for the project on January 26, 2023 and February 3, 2023 and were not appealed, and that the Stormwater Management Permit was issued on February 22, 2023. The project requires authorization from the U.S. Army Corps of Engineers (USACE) under the General Permits for Massachusetts in accordance with Section 404 of the Federal Clean Water Act as well as a National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) from the United States Environmental Protection Agency (EPA). Because the project is seeking Financial Assistance through the Seaport Economic Council and the Massachusetts Department of Conservation and Recreation (DCR), MEPA jurisdiction is broad in scope and extends to all aspects of the project that are likely, directly or indirectly, to cause Damage to the Environment as defined in MEPA regulations. Review of the Sin le EIR The Single EIR provided a description of existing and proposed conditions; preliminary project plans; a description of coordination with CZM, MassDEP, and the Cape Cod Commission (CCC) conducted since the filing of the EENF; a floodplain analysis; additional analysis of project alternatives; additional information on potential impacts, benefits, and outreach to EJ populations; additional discussion of traffic impacts and mitigation; and an expanded analysis of impacts to wetland resource areas. Supplemental information was distributed by the Proponent on June 13, 2023 that provided information regarding the project's floodplain impacts, further discussed below. For purposes of clarity, all supplemental materials provided by the Proponent are included in references to the "Single EIR," unless otherwise indicated. Comments from Agencies do not identify any impacts that were not reviewed in the Single EIR or identify additional information that should be provided on the project. Alternatives Analysis The Scope on the EENF requested that the Single EIR provide an expanded discussion of alternative layouts for the parking lot that reduce the amount of alteration within Riverfront EEA# 16623 Single EIR Certificate June 23, 2023 EIR states that this notice also included a summary of project updates, and that the notice was placed in the Cape Cod Times, on various social media pages and on the front page of the Town's website, and at various public locations including bus stops and public libraries. The Single EIR indicates that, since the filing of the EENF, several public meeting and presentations have been held for the project associated with the local permitting process (in addition to the nearly 50 public meetings held on the project prior to the filing of the EENF). The Single EIR notes that these meetings have included abutter notification and legal notices placed in the Cape Cod Times, and that during these meetings, the surrounding EJ neighborhood identified concerns with the proposed boardwalk's impact on the privacy of the neighborhood. As noted above, the project design was refined in response to this feedback to move the boardwalk away from the community and to provide additional vegetative plantings/screening. The Single EIR states that, through coordination with adjacent neighborhoods, the newly proposed alignment has alleviated the neighbors' concerns. The Scope on the EENF directed the Town to confirm that traffic impacts will be sufficiently mitigated to avoid impacts to EJ populations. The Single EIR states that the Town does not anticipate creating any significant traffic impacts, other than when periodic special events are held. When special events are held, the Single EIR states that traffic will be managed through an event -specific Transportation Management Plan to avoid impacts to EJ populations. As further discussed below, comments from MassDOT note that the project is expected to have limited traffic impacts, and that the Proponent has proposed safety and multi -modal site access improvements to mitigate potential impacts. As previously discussed in the EENF, while the project may potentially increase traffic in the area associated with new visitors to the park, the site is currently located on a Cape Cod Regional Transit bus route and future work planned by MassDOT includes the creation of dedicated bike lane, shared -use -path facilities, and new crosswalks which will provide safer, multi -modal transportation options to the site. The Single EIR also discusses the potential for construction to affect the surrounding EJ populations, as requested by the Scope. As described in the Single EIR, project construction will result in a temporary increase in diesel truck routes along Route 28 (the main east -west transportation corridor) to and from the site, adjacent to EJ populations. The Single EIR states that measures to reduce impacts associated with construction include consolidating vehicle delivery trips, limiting construction activities to weekdays between 7:00 AM and 5:00 PM, implementing dust control measures, and requiring the contractor to comply with vehicle emission guidelines. Public Health The Single EIR included a separate section on "Public Health." The EENF provided a comprehensive review of publicly available data to identify existing and potential public health impacts within the applicable EJ communities. The Single EIR states that the project is not anticipated to cause negative environmental or public health impacts that would affect EJ populations. As described in the Single EIR, the project has been designed to equitably allocate environmental benefits to further environmental justice principles, and will provide an array of public health benefits associated with the creation of a public park in a previously degraded and 7 EEA# 16623 Single EIR Certificate June 23, 2023 As noted above, the Scope on the EENF required that the Town determine the extent of the Riverfront Area within the project site that meets the definition of degraded as defined by the WPA at 310 CMR 10.58(5), as requested by MassDEP. As described in the Single EIR, on October 19, 2021, a Massachusetts Registered Professional Engineer and Massachusetts Certified Soil Scientist conducted three test pits and two borings onsite within Riverfront Area. The results of the tetes pits were included in the Single EIR. In response to comments from MassDEP on the EENF, an additional 21 test pits/observations were performed on December 13, 2022 using an excavator; the test pit logs were also included in the Single EIR. The Single EIR included plans that clearly identify the area of Riverfront Area that is considered degraded, and states that the data continues to support the past characterizations of the site; notably, that the entirety of the Riverfront Area between the existing snow fence and the outer limit of the Riverfront Area is degraded per 310 CMR 10.58 (5), with specific reference to 1) the presence of existing pavement and 2) the absence of topsoil. The Single EIR also provided a discussion of the project's compliance with the Riverfront Area Performance Standards, as well as the restoration activities proposed as part of the project. Comments from MassDEP state that the Town has adequately addressed the Department's comments on the EENF. The project includes approximately 29,250 sf of Riverfront Area restoration and 31,920 sf of LSCSF restoration. All Riverfront Area restoration is proposed within existing degraded Riverfront Area in accordance with the requirements at 310 CMR 10.58(5). Restoration of these areas includes planting of native species appropriate for the ecological conditions at the Site. Comments from CZM submitted on the EENF noted that portions of the site, including the former Yarmouth Drive -In property, are modeled in the Sea Level Affecting Marshes (SLAMM) model' as potentially suitable for marsh migration. As described in the Single EIR, in 2050, under both the intermediate -low (IL) and intermediate -high (IH) sea level rise (SLR) scenarios, marsh migration is primarily anticipated to occur on the site along the Parkers River in the vegetated areas that will remain following the project's construction. Accordingly, the project is not anticipated to alter migration within that planning horizon, and Salt Marsh will be able to migrate onto the site north of the Upweller facility. In addition, the project will promote and enhance Salt Marsh migration in the area of existing Upweller driveway, which is proposed to be restored as part of the project. In 2070, the IL SLR scenario maintains generally the same marsh migration patterns seen in 2050 IH SLR scenario. The IH SLR scenario in 2070, however, shows potential brackish / transitional marsh extending both into the area of IVW south of the former drive-in and across the lower -lying portions of the former open drive-in area. Due to the proposed use of the former drive-in area at the northern limit of the site, the project will prevent Salt Marsh migration into this area. However, no action will be taken to prevent the Salt Marsh migration pathway south of the site. Finally, the Single EIR addressed measures to prevent stormwater impacts to the Parkers River, which has a TMDL for nitrogen. The Single EIR states that the project is not anticipated to increase nitrogen loading to the Parkers River as the project does not include installation of a septic system, the primary source of nitrogen to the Parkers River. In addition, the application of fertilizer onsite is not proposed by the Town, as plants included in the design are native to 2 Available at h9ps:Hgcg.islmy90C0 0 EEA# 16623 Single EIR Certificate June 23, 2023 determination that the proposed activities would be classified as a water -dependent use project pursuant to the Waterways Regulations at 310 CMR 9.12. For this reason, I find that the Single EIR has demonstrated that the project will have a public benefit in accordance with M.G.L. c. 91, § 18B and 301 CMR 13.00. Thus, this Single EIR Certificate shall serve as the PBD for this project. Traffic and Transportation The Single EIR describes coordination that the Town has conducted with MassDOT since the filing of the EENF, and work that is being proposed by MassDOT proximate to the site that has been considered and incorporated into the project design. The Single EIR provided the stopping sight distance and intersection site distance available to vehicles at the site driveway, as well as the sight distance to pedestrians on the north and south sides of the proposed mid -block crossing, as requested in comments from MassDOT on the EENF. The Single EIR also provides a discussion of potential measures to reduce traffic to the site during special events that would result in above -average traffic generation, as required by the Scope. A Traffic Management Plan (TMP), developed in consultation with the Town, is required and must be provided as a condition of approval for larger events at the site. The TMP will be implemented by the Event Sponsor, in concert with the Yarmouth Police Department, who may be required to hire a police detail for events, particularly those that have a specific start and stop time. Traffic management is anticipated to be structured in a similar manner to the set-up and processes that have worked well for the town in the past. A commitment to provide additional traffic coordination during on - site events has been incorporated into the Draft Section 61 Findings, as requested by the Scope. Comments from MassDOT state that, based on the limited project impacts and proposed mitigation to improve safety and multi -modal site access, MassDOT does not recommend further environmental review of the project based on transportation issues. Climate Change Adaption and Resiliency The Single EIR addresses the project's compliance with Building Code, as requested by the Scope. The site is entirely within the i 00-year FEMA floodplain, Zone AE, with a BFE of el. 13 ft NAVD88 across the majority of the site. The proposed public restroom in the center of the park is proposed to be set at el. 12 ft NAVD88, with dry flood proofing extending vertically to offer flood protection to el. 15. For the artist shanties (described as simple accessory structures), wet flood -proofing is proposed. In addition to securely anchoring the structures to concrete base slabs, floodway openings will be incorporated into all the shanties. The Single EIR indicates that the project will comply with all Building Code requirements for buildings constructed in the floodplain. Continents from CZM submitted on the EENF noted that floodwaters and waves will likely move across the site during coastal storm events, and proposed fill, retaining walls, new impervious surfaces, and amenities on the site may change the way these floodwaters move over the site. To demonstrate that the'project has been designed to avoid increasing potential impacts associated with coastal flooding, the Town conducted a pre- and post -construction flow path analysis. The flow path analysis was conducted for pre- and post -construction conditions with a floodwater elevation of 4.2, 6.2, 7.2, 8.0, 8.5, and 13 ft NAVD88. These elevations were chosen 11 EEA# 16623 Single EIR Certificate June 23, 2023 The proposed restroom/office building design includes a finished floor elevation of 12 ft NAVD88, which is comparable to 2050 50-year water surface elevation (12.8 feet), but below the 2070 50-year water surface elevation; this elevation is below both the 2050 and the 2070 wave action water elevations provided by the MA Resilience Design Tool. The Single EIR states that, while the finished floor elevation is 12 ft NAVD88, the current building design includes dry flood -proofing to an elevation of 15 ft NAVD88, above the 2070 50-year water surface elevation (14.5 ft NAVD88). While still below the 2050 and 2070 "wave action water elevations" (16 to 18.6 ft NAVD88, respectively), the Single EIR states that the current design of the building allows for implementation of additional measures in the future to prevent flood water from entering the windows, which would provide flood protection beyond el. 15 R NAVD88, up to the top of the restroom/office building. Mitigation and Draft Section 61 Findings The Single EIR provides final mitigation commitments and draft Section 61 Findings for use by Agencies, which are summarized below. The Section 61 Findings should be provided to Agencies to assist in the permitting process and issuance of final Section 61 Findings. As noted in the Certificate issued on the EENF, the project qualifies for the de minimis exemption included in the May 2010 MEPA Greenhouse Gas Emission (GHG) Policy and Protocol (Policy) for projects that are expected to produce minimal GHG emissions. As stated in the EENF, GHG emissions are predominately associated with the anticipated mobile source emissions, and total GHG emissions associated with the project are de minimis. Therefore, a GHG analysis was not required for the project, and a self -certification of GHG emissions reduction measures is not required by the Proponent. Environmental Justice • Restoration of a degraded site to create an ADA accessible public recreation asset with public bathrooms, facilitating both land and water recreation activities • Implementation of traffic control measures to minimize traffic and air quality impacts • Limiting the use of use of event space perimeter lights for special events only • Installation of screening/privacy plantings for surrounding EJ populations • Requiring special event sponsors to limit sound levels to 90 dBA at 100 feet from stage area to reduce noise impacts • Reduction of flooding impacts to the EJ residences adjacent to the site Land/Stormwater • Use of a previously disturbed/currently developed site • The Stormwater design will be constructed in compliance with the Massachusetts Stormwater Standard and will include: - Subsurface infiltration - Drainage swales 13 EEA# 16623 Single EIR Certificate June 23, 2023 - Collect parking fees in interior areas of the Site to avoid backups to Route 28, - Use of a shuttle bus for the Iargest events/parades. Climate Change Adaptation and Resiliency Inclusion of a berm along the eastern limit of the driveway a prevent flood water channelization and increases in flood water velocities • Grading the site to ensure flood flows will not increase on adjacent parcels • Maintaining areas of existing vegetation to allow marsh migration onsite. • Planting native vegetation in suitable habitat to minimize water use • Constructing the stormwater system to accommodate the current 24-hour rainfall volume for the I00-year storm (7.42'), which is greater than the 2070 10-year storm (6.4") • Dry floodproofing the proposed office/bathroom building to a minimum elevation of 15 ft NAVD88, two feet above the 100-year BFE • Enhancement of wetland areas, which provide flooding benefits Greenhouse Gas Emissions • Restricting restroom use to summer months • Orienting restroom to accommodate installation of solar panels • Use of energy -efficient design elements, including an electric tankless water heater, adjustable lights, and motion -operated lights in restroom • Installation of permanent signs limiting idling to five minutes or less Construction Period • Dust will be managed in accordance with the NPDES General Permit to minimize airborne particulate matter • Non -road diesel equipment rated 50 horsepower or greater will meet EPA's Tier 4 emission limits. If a piece of equipment is not available in the Tier 4 configuration, the Construction Manager will work with the general contractor to confirm that construction equipment will be retrofitted with appropriate emissions reduction equipment. • Implementation of a Storm Water Pollution Prevention Plan (SWPPP) which will include: - Implementation and enforcement of a Spill Contingency Plan - Storage of any chemicals or hazardous materials under cover - Installation of sediment and erosion controls including turbidity curtains, compost filter tubes, and inlet protection measures - Inspection of the Site weekly to confirm erosion controls are functioning • Construction waste and debris management, including: 15 The Commonwealth of Massachusetts Alp% Division of Marine Fisheries (617) 626-15201 www.mass.gov/marinefisheries MAURA T. HEALEY KIMBERLEY DRISCOLL REBECCA L. TEPPER THOMAS K. O'SHEA DANIEL J. MCKIERNAN Governor LL Governor Secretary Commissioner Director June 8, 2023 Secretary Rebecca L. Tepper Executive Office of Energy and Environmental Affairs (EEA) Attn: MEPA Office Eva Vaughan, EEA No. 16623 100 Cambridge Street, Suite 900 Boston, MA 02114 Dear Secretary Tepper: The Division of Marine Fisheries (MA DMF) has reviewed the Single Environmental Impact Report (SEIR) by the Town of Yarmouth for its Yarmouth Riverwalk Park, Boardwalk and Event Space Project. The project includes the proposed construction of a public park on a vacant lot bordering the Parkers River. A 1,300 linear foot boardwalk loop is also included with a pedestrian bridge, three overlook areas and four bench areas. The boardwalk would be six feet in width and height over salt marsh would be set to a minimum 1:1 height to width (H:W) ratio for the north -south facing sections and 1.25:1 for the east -west facing sections. The preferred alternative uses three 3.5-inch diameter helical piles at each bent location for a total of 252 helical piles which would collectively impact 13 square feet of salt marsh habitat. A kayak launch is also proposed. The terminal float to the launch would be in an area of the Parkers River with at least a four foot depth at MLW and would be held in place with a helical anchor and elastomeric mooring stay system. Existing marine fisheries resources and habitat and potential project impacts to those resources are outlined in the following paragraphs. The region of the Parkers River bordering the project site includes shellfish habitat for quahog (Mercenaria mercenaria) and blue mussel (Mytilus edulis). Land containing shellfish is deemed significant to the interest of the Wetlands Protection Act (310 CMR 10.34) and the protection of marine fisheries. The region of the Parkers River bordering the project also provides passage for a variety of diadromous fish species. Alewife (Alosa pseudoharengus), American eel (Anguilla rostrata), white perch (Morone americana), and Atlantic tomcod (Microgadus tomcod) all seasonally occupy this system [ 1 ]. Much of the proposed boardwalk and a portion of the proposed kayak launch walkway directly overlie salt marsh habitat. Salt marsh provides a variety of ecosystem services, including habitat and energy sources for many fish and invertebrate species [2-4]. MA DMF offers the following comments for your consideration: • In our review of the Expanded Environmental Notification Form (EENF) for this project, we recommended that the SEIR include revisions to boardwalk height over salt marsh to SOUTH COAST FIELD STATION CAT COVE MARINE LABORATORY NORTH SHORE FIELD STATION 836 S. Rodney French Blvd 92 Fort Avenue 30 Emerson Avenue New Bedford, MA 02744 Salem, MA 01970 Gloucester, MA 01930 https://www.mass.gov/doc/time-of-year-recommendations-tr-47/download. Accessed September 29, 2021. 2011. 2. Deegan LA, Hughes JE, Rountree RA. Salt marsh ecosystem support of marine transient species. 1n: Weinstein MP, Kreeger DA, editors. Concepts and Controversies in Tidal Marsh Ecology. Kluwer Academic Publisher, The Netherlands; 2000. pp. 333-365. 3. Boesch DF, Turner RE. Dependence of fishery species on salt marshes: the role of food and refuge. Estuaries. 1984;7: 460-468. 4. Deegan LA, Garritt RH. Evidence for spatial variability in estuarine food webs. Marine Ecology Progress Series. 1997;147: 31-47. 5. Logan JM, Davis A, Markos C, Ford KH. Effects of docks on salt marsh vegetation: an evaluation of ecological impacts and the efficacy of current design standards. Estuaries and Coasts. 2018;41: 661-675 . 6. Logan JM, Voss S, Davis A, Ford KH. An experimental evaluation of dock shading impacts on salt marsh vegetation in a New England estuary. Estuaries and Coasts. 2018;41: 13- 24. 7. Logan JM, Boeri A, Carr J, Evans T, Feeney EM, Frew K, et al. A review of habitat impacts from residential docks and recommended Best Management Practices with an emphasis on the Northeastern United States. https://www.mass.gov/doc/dock-bmp- recomrnendations/download. Accessed November 18, 2021. Estuaries and Coasts. 2022;45: 1189-1216. DM/JL/sd Yarmouth — Yarmouth Riverwalk Page 2 cc: Jonathan Gulliver, Administrator, Highway Division Carrie Lavallee, P.E., Chief Engineer, Highway Division Mary -Joe Perry, District S Highway Director James Danila, P.E., State Traffic Engineer Cape Cod Commission (CCC) Planning Board, Town of Yarmouth 6/9/2023 Yarmouth — Yarmouth Riverwalk Page 2 6/9/2023 north and south sides of the proposed mid -block crossing. Also, a commitment to provide additional traffic coordination during on -site events in order to prevent impacts on the state highway system as well as mitigation measures are incorporated into the SEIR. The Proponent provides a summary of the transportation mitigation program that would include the following items: • Bicycle/Pedestrian accommodations are incorporated into the design, including: o Construction of an 8-foot-wide shared -use -path; and o Walking paths throughout the Site. • Installation of right and left turn only lanes exiting the parking lot to decrease queues. • For events that require preparation of a Traffic Management Plan (TMP) and coordination with the Police Department, traffic management techniques will typically include: o Police cruisers, police officers, and traffic control; o Use of portable, changeable message boards on Route 28 displaying event times and dates in advance of the event, with driving instructions the day of the event to further guide visitors; o Reversible lanes for peak entering and exiting traffic; o Designate areas to stack early arriving vehicles before gates opened; o Collect parking fees in interior areas of the Site to avoid backups to Route 28; and o Use of shuttle buses for large events. Based on the limited project impacts and proposed mitigation to improve safety and multi -modal site access, MassDOT recommends that no further environmental review be required based on transportation issues. The Proponent should continue consultation with MassDOT PPDU and the District 5 office to finalize the issuance of the Section 61 Finding for the Project. If you have any questions regarding these comments, please contact william. m.simon @dot. state. ma. us. EEA No. 16623 December 9, 2022 lighting for 88 new parking spaces, a small park office and restroom building (1,130 sf), and up to nine artist shanties (at 140 sf each), a kiosk near the kayak launch, and associated utilities. None of the proposed structures will be conditioned, as they will be seasonal. Comments//Guidance The MassDEP Southeast Regional Office has reviewed this SEIR and believes the Project Proponent has adequately addressed the Department's EENF. comments. As such, the Department supports the applicants request for a Single EIR. If you have any questions regarding these comments, please contact George Zoto at George.ZotoAmass.gov or Jonathan.Hobilhia mass.gov. Very truly yours, �J%AUA Jonathan E. Hobill, Regional Engineer, Bureau of Water Resources JH/GZ Cc: DEP/SERO ATTN: Millie Garcia -Serrano, Regional Director Gerard Martin, Deputy Regional Director, BWR John Handrahan, Deputy Regional Director, BWSC Seth Pickering, Deputy Regional Director, BAW Jennifer Viveiros, Deputy Regional Director, ADMIN Maissoun Reda, Chief, Wetlands and Waterways.BWR Greg DeCesare, Wetlands, BWR Cally Harper, Wetlands, BWR Brendan Mullaney, Waterways, BWR Mark Dakers, Chief, Solid Waste, BAW Elza Bystrom, Solid Waste, BAW Angela Gallagher, Chief, Site Management, BWSC Jennifer Wharff, Site Management, BWSC • Revised site grading for an area east of the first cul-de-sac to create a berm to minimize the risk of potential erosion due to increased flood velocities occurring within the Coastal AE Zone. Additional plant pockets, trees, and shrubs are proposed to further slow and dissipate flood waters. • Revised site grading around the event space to reduce channelization of water at the southern extent of the event space as flood water recedes following a flood event that increases that surface water elevation above 7.5 feet (NAVD88). The plans should be revised to use salt -tolerant, erosion -control plantings to stabilize the proposed berm instead of boulders, which often scour around rocks in storms. Deep-rooted erosion control plantings will help slow flood water more effectively without causing scour. For information about plants for this application, please see the coastal bank section of StormSmart Properties Fact Sheet #3: Planting Vegetation to Reduce Erosion and _Storm Damage. Federal Consistency Review The proposed project may be subject to CZM federal consistency review, and if so, must be found to be consistent with CZM's enforceable program policies. For further information on this process, please contact Robert Boeri, Project Review Coordinator, at robert.boeri�a.mass.gov, or visit the CZM website at www.mass.g2v/federal-consistenE-y-review-12rogLam. Cc: Laura Krause, Beta Groupe, Inc. Robert L Whritenour Jr., Yarmouth Town Administrator Brittany DiRienzo, Yarmouth Conservation Administrator Kathleen Williams, Yarmouth Town Planner Steve McKenna, MACZM Rebecca Haney, MACZM Page 12