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HomeMy WebLinkAboutNarrative1 d Mitigation proposal related to enforcement NOTICE OF INTENT FILING Filing Date: 9/07/23 52 Prince Road Yarmouth, MA Prepared by: WRS Engineering Paul and Nancy Cruz Paul and Nancy Cruz – NOI 52 Prince Road 9/7/23 2 Table of Contents 1. eDEP online filing application including original owner signature 2. Town of Yarmouth Administrative Checklist for NOI 3. Existing and Proposed Conditions narrative 4. Construction Sequence narrative (equipment, staging locations, etc.) 5. Alternatives Analysis narrative 6. Performance standard narrative (310 CMR 10.00 and Town of Yarmouth Wetland Bylaw Chapter 143 7. Certified abutters list and Notice to Abutters 8. Additional information (research, deeds, licenses, tax assessors card) 9. Certified mail receipts 10. Copies of checks 11. 1 original and 7 copies of Notice of Intent Plan Paul and Nancy Cruz – NOI 52 Prince Road 9/7/23 3 Property Description The property is located adjacent to Mill Creek on the northern shoreline off Lewis Bay. The property is located within the buffer zone to coastal beach, salt marsh, land subject to coastal storm flowage, land containing shellfish and coastal bank (manmade bulkhead). Portions of the property are located within a FEMA mapped Zone AE EL 13 as shown on the most recent FEMA map 25001C0569J effective date 7/16/2014. The site contains a 15,517 SF lot with a single family dwelling recently renovated. There is an existing bulkhead with multiple stairways that access the shoreline. Project Description This notice of intent filing has been filed in accordance with requirements set forth in an enforcement order issued by the Yarmouth Conservation Commission on 7/21/23. The enforcement order was triggered when the Conservation Agent and Commissioners visited the site subsequent to the applicant filing for a Notice of Intent for a proposed pier and noticed the violations. The main components of the enforcement were the following: - Alteration of a wetland resource area and buffer zone – unpermitted installation of patio, rinsing station, and gravel hardscape in Land subject to coastal storm flowage, riverfront area, and the buffer zones to a coastal bank and salt marsh. - Boat storage from a bulkhead without 3 feet of water The findings of the enforcement order dictate that the owner shall submit an after-the-fact filing for the patio, hardscape and rinsing station by November 22, 2023. In addition, mitigation in the form of native plantings at a 2:1 ratio is required for the additional hardscape. Paul and Nancy Cruz – NOI 52 Prince Road 9/7/23 4 To comply with this enforcement order, this proposal includes the replanting with native buffer vegetation in excess of the requirements of the 2:1 stated in the enforcement. This proposal includes the following: - Permit all existing hardscape and rinsing station - Total required mitigation at 2:1 is 1,274 SF, this proposal incorporates 1,911 SF of mitigation or 3:1 which far exceeds the requirements stated in the enforcement order. The mitigation consists of Miscanthus Sinensis “Morning Light” grass at 4’ O.C. in two rows staggered. The enforcement order describes the gravel strip installed adjacent to the bulkhead as “hardscape”; however, it is a pervious strip that allows for proper infiltration of stormwater from the upland and should not be considered as an impervious hardscape. It is common and a best management practice of what should be installed landward of a seawall. Performance Standards Since this is a mitigation project and resource enhancement only, the resource areas associated with the project are buffer zone to coastal bank, salt marsh, and riverfront area and within Land Subject to Coastal Storm Flowage. Please see below (3) for performance standards of LSCSF. 2.10 Land Subject to Coastal Storm Flowage (1) Preamble: Land subject to coastal storm flowage are areas subject to coastal flooding during moderate and severe weather conditions. Projects that occur within these areas are likely to have adverse impacts on the following interests: (a) Flood Control (b) Storm Damage Prevention (c) Prevention of Pollution (d) Public Water Supply (e) Private Water Supply (f) Land Containing Shellfish (g) Wildlife (h) Wildlife Habitat (i) Protection of Groundwater Supply and Quality (j) Protection of Fisheries Land subject to coastal storm flowage has the potential to provide Yarmouth a profound service. When coastal conditions are not the norm during extreme high tides and hurricanes for example, the ability of the land to absorb flood waters and to buffer more inland areas from flood and wave damage is imperative. Since the floodplain contains areas, (as well as other wetland resources), in which the water table is close to the surface, during a coastal storm, pollutants in the floodplain, including the contents of septic systems and fuel tanks, are likely to affect public and private water supply, groundwater quality, wildlife and wildlife habitat, fisheries and shellfish. Storm damage prevention, as one of the interests protected under the By-law, also come into play in the floodplain. Direct and collateral damage can occur to man made structures in the floodplain area caused Paul and Nancy Cruz – NOI 52 Prince Road 9/7/23 5 by wave impacts and inundation by floodwaters and storm driven debris. Approved at Public Meeting December 1st 2016, published December 12th, 2016 38 (2) Definition: “Land Subject to Coastal Storm Flowage” are areas that extend up-gradient or landward from the ocean and the ocean’s estuaries to a point where the maximum lateral extent of floodwater will theoretically terminate based upon the 100 year frequency storm. Said boundary shall be the relevant 100 year storm elevation referenced within the latest available Flood Insurance Rate Maps provided by the Federal Emergency Management Agency. (3) Performance Standards: Any activity within land subject to coastal storm flowage which will result in the building upon, removing, filling or altering land within 300 feet of a major estuary defined in section 1.04 of these regulations shall meet the following requirements. Notwithstanding this section 2.10, (3), beach nourishment and coastal engineering projects such as bulkheads and seawalls may be allowed if they meet all other performance in these regulations. (a) Existing septic system and cesspool repairs will be allowed provided they substantially meet all Title 5 and local Board of Health thresholds. Not applicable to this project. (b) All groundwater elevations shall incorporate seasonable adjustments if test holes and or leaching components are 100 feet or closer from major estuaries. Not applicable to this project. (c) Any proposed deck, shed, or other similar structure must be securely anchored to a footing or foundation. Not applicable to this project. Alternatives Analysis Option 1: Do nothing – Not an option because this is an enforcement order filing and is a requirement to perform some type of remedial action. Option 2: Mitigate only at 2:1. This is a viable option, but the homeowner has agreed to provide more mitigation in lieu of trying to maintain their hardscapes and be great stewards of their property and respect the resource areas. Option 3: Mitigate at 3:1 – proposed option. Construction Protocol The proposed work shall be performed with the minimum amount of equipment necessary to follow through with the project objectives. All plantings to be done by hand. Staging areas for the vegetation will be on the owner’s upland property only and accessed from the driveway. Paul and Nancy Cruz – NOI 52 Prince Road 9/7/23 6 Pre-construction Meeting Prior to construction, a pre-construction meeting shall be held on-site with the Contractor, Property Owner, Conservation Commission and/or agent, and the Project Manager (WRS Engineering LLC). The purpose of the meeting is to clearly delineate the limits of work and access, as well as the staging area. The Contractor will describe the proposed means and methods for performing the work within the requirements of the plans, order of conditions and construction protocol. The contractor will comply with mitigation measures as established by the Conservation Commission. To be discussed at the meeting: - Existing property conditions, necessary precautions to be taken by the Contractor; - Means and methods for construction; - Necessary post-construction remedial efforts - Procedure for post construction inspection; - WRS Engineering’s responsibilities for inspections and project coordination During construction, the site shall be accessible for inspection during reasonable hours by all parties, members of the conservation commission and their agents, and the Project Manager. Post-construction meeting Upon completion of construction, but prior to equipment being removed from the site, a post-construction meeting shall be held on-site with the Contractor, Property Owner, Conservation Commission and/or Agent, and the Project Manager (WRS Engineering LLC). The purpose of this meeting is to determine that the project has been satisfactorily completed in accordance with all permits, and that no additional work or mitigation is required by the Contractor. Restoration of Project Area Upon completion of construction any and all areas disturbed by the construction effort shall be returned as much as practical to their pre-construction conditions to the satisfaction of the property owner and conservation agent. All disturbed marsh or vegetated areas shall be re-vegetated with indigenous or grass vegetation to match pre-construction conditions for the surrounding areas, or as determined during the preconstruction meeting.