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HomeMy WebLinkAboutNOI application October 19, 2023 C17564.01 Yarmouth Conservation Commission By Email & Hand Delivery Attn: Brittany DiRienzo 1146 Route 28 South Yarmouth, MA 02664 Re: Notice of Intent Application Filing Package Proposed Sheet Pile Bulkhead Gold Village Waterside LLC 681 Route 28 Yarmouth, MA Map 32 Parcel 121 Dear Ms. DiRienzo and Commission Members: On behalf of our client, Gold Village Waterside LLC, we are submitting an original Notice of Intent Application Filing Package, three (3) original checks for municipal filing, one (1) original and five (5) copies of the plan, for the above referenced project. The following items are enclosed: • Yarmouth NOI Administrative Checklist • Yarmouth Site Access Authorization Form • Notice of Intent Application • Project Narrative • NOI Wetland Fee Transmittal Form • Copy of $92.50 check made payable to Commonwealth of MA - DEP for state share of DEP fee, (original sent to lockbox) • Copy of $117.50 check made payable to Town of Yarmouth for town share of DEP fee • Copy of $70.00 check made payable to Town of Yarmouth for town bylaw fees • Copy of $10.00 check made payable to Town of Yarmouth for legal advertising fee • Mass. Division of Marine Fisheries Submittal Letter • Affidavit of Service, Abutter Notification Letter • Certified Abutter List, Assessor Map 32, identifying locus • Yarmouth USGS Map, identifying locus • Coastal Engineering Co., Inc. Plan Set Showing Proposed Shoreline Protection, 3 Sheets, dated 10/17/2023 Please schedule this for the November 2, 2023 public hearing. If you have any questions or require additional information, please give our office a call. Thank you. Sincerely, COASTAL ENGINEERING CO., INC. Carla A. Davis Enclosures: as stated cc: Mass. DEP/SERO – Wetlands Mass. Division of Marine Fisheries Yarmouth Waterways/Shellfish Committee Gold Village Waterside LLC Catherine C. Ricks, Project Manager Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Rev 3/2023 Page 1 of 2 Administrative Checklist Notice of Intent General Information: All filings must be made on Town of Yarmouth forms. The filing deadline is two weeks prior to the next scheduled Conservation Commission meeting for new applications. 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 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) Hardcopy filing dropped off or mailed to the Conservation Office including: 1 Administrative Checklist 1 NOI application with original signatures (double sided). Typed signatures will not be accepted. 1 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 include how the project meets performance standards per 310 CMR 10.0 & TOY Wetland Bylaw, Chapter 143, BVW delineation sheets or other resource area calculations, and supporting information. 1 100’ radius map, current abutters list identifying the property owners who are to be notified per 310 CMR 10.00and abutter notification form. 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. Certified Mail Receipts (PS Form 3800) for all abutters. Green cards to be submitted at the hearing. 1 original and 5 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. See plan requirements 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 DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection Box 4062 Boston, MA 02211 CONSERVATION OFFICE N/A (1 open OOC) X X X X X X X X X X Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Rev 3/2023 Page 2 of 2 Digital filing emailed to bdirienzo@yarmouth.ma.us and kbrooks@yarmouth.ma.us including: A pdf of the entire signed application, supporting information listed above, and plan. Please list project property’s street address in the pdf file name. DEP Submittal 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 and kbrooks@yarmouth.ma.us. We must receive a copy of this email with the application as proof that it has been submitted to DEP. Initial below I CERTIFY that all on-site requirements will be completed by noon on the Friday prior to the hearing date. All proposed structures must be staked, and all relevant resource areas and buffer zones must be staked or flagged. Please consult the Yarmouth Wetland Regulations, page 17. Without proper staking your project may be deemed incomplete and be continued to the next hearing date. If Applicable Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program Certified Mail Receipt for Massachusetts Division of Marine Fisheries. If filing via email, CC bdirienzo@yarmouth.ma.us and kbrooks@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. Other Requirements o Does the proposed project meet 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. o 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/LF X N/A X X N/A X X wpaform3.doc • rev. 2/8/2018 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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): 681 Route 28 a. Street Address West Yarmouth b. City/Town 02673 c. Zip Code Latitude and Longitude: 41°38'54.06"N d. Latitude 70°13'23.88"W e. Longitude 32 f. Assessors Map/Plat Number 121 g. Parcel /Lot Number 2. Applicant: a. First Name b. Last Name Gold Village Waterside LLC c. Organization 681 Route 28 d. Street Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Catherine C. a. First Name Ricks, P.E. b. Last Name Coastal Engineering Co., Inc. c. Company 260 Cranberry Highway d. Street Address Orleans e. City/Town MA f. State 02653 g. Zip Code 508-255-6511 h. Phone Number 508-255-6700 i. Fax Number permitting@coastalengineeringcompany.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $210.00 a. Total Fee Paid $92.50 b. State Fee Paid $117.50 c. City/Town Fee Paid wpaform3.doc • rev. 2/8/2018 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 sheet pile bulkhead with toe stones and associated site improvements. 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) 20345 c. Book 145 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 2/8/2018 Page 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 Parkers River 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: 99,446 +/- square feet 4. Proposed alteration of the Riverfront Area: 375 +/- a. total square feet 375 +/- b. square feet within 100 ft. 0 c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 2/8/2018 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 35 +/- 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 375 +/- 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 2/8/2018 Page 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 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 http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/regulatory-review/). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 2/8/2018 Page 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 http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_fee_schedule.htm). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_exemptions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: DMF.EnvReview-South@state.ma.us North Shore - Hull to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: DMF.EnvReview-North@state.ma.us Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. wpaform3.doc • rev. 2/8/2018 Page 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. 2/8/2018 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 Showing Proposed Shoreline Protection a. Plan Title Coastal Egnineering Co., Inc. b. Prepared By Catherine C. Ricks, P.E. c. Signed and Stamped by 10/17/2023 d. Final Revision Date 1" = 10' 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: 933 2. Municipal Check Number 10/19/2023 3. Check date 932 4. State Check Number 10/19/2023 5. Check date 6. Payor name on check: First Name Coastal Enigneering Co., Inc. 7. Payor name on check: Last Name C17564.01: Notice of Intent Application Gold Village Waterside LLC, 681 Main Street, Yarmouth Page 1 of 1 NOTICE OF INTENT APPLICATION 681 ROUTE 28, YARMOUTH GOLD VILLAGE WATERSIDE LLC Prepared By: Coastal Engineering Company, Inc. October 19, 2023 Proposed Shoreline Protection To include bulkhead wall with toe stones and associated site improvements C17564.01: Notice of Intent Application Gold Village Waterside LLC, 681 Main Street, Yarmouth Page 1 of 7 Table of Contents Introduction .................................................................................................................................................. 2 Project Description........................................................................................................................................ 2 Wetland Resource Areas and Performance Standards ................................................................................. 2 State Wetlands Protection Act 310 CMR 10.00 ........................................................................................ 3 10.04: Land Subject to Coastal Storm Flowage ..................................................................................... 3 10.25: Land Under Ocean ..................................................................................................................... 3 10.30: Coastal Banks ............................................................................................................................. 3 10.32: Salt Marsh .................................................................................................................................. 3 10.58: Riverfront Area ........................................................................................................................... 4 The Town of Yarmouth Wetlands Protection Regulations ....................................................................... 4 2.01: Land Under the Ocean ................................................................................................................. 4 2.05: Coastal Banks ............................................................................................................................... 4 2.06: Salt Marshes ................................................................................................................................. 4 2.10: Land Subject to Coastal Storm Flowage ....................................................................................... 4 Other Protected Resource Areas .................................................................................................................. 4 FEMA ......................................................................................................................................................... 5 Impaired Waters ....................................................................................................................................... 5 Alternatives Analysis ..................................................................................................................................... 5 Construction Protocol ................................................................................................................................... 6 Summary and Recommendations ................................................................................................................. 7 Attachment A - Photos .................................................................................................................................. 0 C17564.01: Notice of Intent Application Gold Village Waterside LLC, 681 Main Street, Yarmouth Page 2 of 7 Introduction The subject property is located at 681 Route 28 in West Yarmouth with Parkers River to the East, Route 28 to the north and additional Town property to the south and west. The property contains a waterfront restaurant, parking lot, and public access dock. The majority of the subject property along Parkers River is armored by a licensed rock revetment along the restaurant, continuing north to the bridge at Route 28. The northern section of the revetment was permitted to be reconstructed in May 2011 and construction occurred shortly after. The revetment was built to more current design standards which included no concrete mortar between the rocks. This section of revetment was repaired due to a failure that had occurred. There is an unprotected length of shoreline between the north revetment section and another section extending under the restaurant deck. The unprotected shoreline between the northern section and the section south along the restaurant continued to deteriorate as the salt marsh along the shore within the gap started to erode. As the erosion continued, the southern section of revetment became undermined and experienced failure. A repair of the revetment was completed in August of 2022. The repair had to be done within the existing footprint of the structure as that was the area that was permitted and licensed. The unprotected section of shoreline continues to erode and pieces of the asphalt parking lot have started to fall off and created an area of safety concern in the parking lot. This area of the parking lot has since been blocked off from parking access. There is no remaining salt marsh, and only minimal peat remaining within the sand substrate. Project Description The purpose of the project is to add stability and protection to the shoreline and the parking lot. The project goal is to increase public safety, stabilize the shoreline and increase safe public access along the shoreline of Parkers River. The proposed project includes the installation of a sheet pile wall to the landward side of the existing revetments running from the north section to the south section. Additionally, toe stones will be placed along the seaward side of the wall on the existing seafloor. This toe protection will likely have undermining and slide down the wall as undermined. If erosion continues additional stone can be added over the toe stone until stability is reached. Toe stones will reduce the reflected wave energy off of the vertical face of the sheet pile wall, which reduces the scour along the shoreline. Once the sheet pile wall is installed, the eroded area landward of the sheet pile will be filled with grain-size compatible fill and planted. Wetland Resource Areas and Performance Standards The existing property is located along Parkers River. The project area is within the FEMA Flood Zones AE (EL 13), AE (EL 12) and AE (EL 11) as shown on the Firm Panel C25001C0588J. The project area is directly within or within the 100’ buffer to coastal resource areas that include Riverfront Area, Coastal Bank, Land Under the Ocean (LUO), Land Subject to Coastal Storm Flowage (LSCSF), and Salt Marsh. The resource areas are covered under the 310 CMR 10.00: Wetlands Protection Act Regulations as well as the Town of Yarmouth Wetland Protection Regulations. We have addressed the potential impacts to these Resource Areas based on the Performance Standards under both the State and Local Wetland Protection Regulations in the following sections. C17564.01: Notice of Intent Application Gold Village Waterside LLC, 681 Main Street, Yarmouth Page 3 of 7 State Wetlands Protection Act 310 CMR 10.00 10.04: Land Subject to Coastal Storm Flowage "land subject to any inundation caused by coastal storms up to and including that caused by the 100-year storm, surge of record or storm of record, whichever is greater" The Land Subject to Coastal Storm Flowage (LSCSF) does not have regulation performance standards, though it is a protected resource area and therefore approval is needed to perform work within the LSCSF. The project will not adversely affect LSCSF. 10.25: Land Under Ocean “land extending from the mean low water line seaward to the boundary of the municipality's jurisdiction and includes land under estuaries.” No improvement dredging or maintenance dredging is proposed with this project. The project will help prevent further erosion of the Coastal Bank and prevent additional infilling of the navigational waterway. The proposed project will work within the existing shoreline alignment and it is anticipated to have negligible effects on water circulation. There was no evidence of eel grass beds in the work area. There was no proposed fill on the seaward side of the wall or toe stones that would alter the distribution of sediment grain size. There is no anticipated alteration in water quality as sheet pile walls are made from non-leaching material and stones are natural with no hazardous materials that may cause any drop in water quality. There was no evidence of high densities of polychaetas, mollusks or macrophytic algae in the project area. The project is not within the habitats identified by Natural Heritage Endangered Species Program (NHESP). 10.30: Coastal Banks "the seaward face or side of any elevated landform, other than a coastal dune, which lies at the landward edge of a coastal beach, land subject to tidal action, or other wetland." The proposed project will impact 35 linear feet of Coastal Bank. The Coastal Bank does not provide sediment to downstream beaches and is a Coastal Bank that provides flood protection to the property. The proposed project is to stabilize the Coastal Bank and provide the property with flood protection. The proposed structure is a provisional project that will not adversely impact the abutting shoreline as it will fill in the unprotected gap. There is minimal wave energy in the project location and the rock toe protection will assist in dampening wave reflection energy. The project is not within the habitats identified by Natural Heritage Endangered Species Program (NHESP). 10.32: Salt Marsh " a coastal wetland that extends landward up to the highest high tide line, that is, the highest spring tide of the year, and is characterized by plants that are well adapted to or prefer living in, saline soils. Dominant plants within salt marshes typically include salt meadow cord grass (Spartina patens) and/or salt marsh cord grass (Spartina alterniflora), but may also include, without limitation, spike grass (Distichlis spicata), high-tide bush (Iva frutescens), black grass (Juncus gerardii), and common reedgrass (Phragmites). A salt marsh may contain tidal creeks, ditches and pools." Salt Marsh is mentioned because the gap between the two existing revetments used to be comprised of salt marsh, however the accelerated erosion has caused all the Salt Marsh vegetation to disappear and the majority of the peat to disappear, and therefore no Salt Marsh and minimal to no substrate is located in the area any longer. C17564.01: Notice of Intent Application Gold Village Waterside LLC, 681 Main Street, Yarmouth Page 4 of 7 10.58: Riverfront Area "the area of land between a river's mean annual high water line and a parallel line measured horizontally. The riverfront area may include or overlap other resource areas or their buffer zones. The riverfront area does not have a buffer zone." The proposed project is not within the habitats identified by Natural Heritage Endangered Species Program (NHESP) and is the most practical and economic solution for the repair. The Town of Yarmouth Wetlands Protection Regulations 2.01: Land Under the Ocean The proposed project does not include improvement dredging or maintenance dredging. The project will help prevent further erosion of the Coastal Bank by stopping the erosive forces from the current. The proposed project includes toe stones and it is anticipated that the placement of the stone will improve water circulation by reducing the shoreline change and allowing tidal flow to smoothly flow by and not get into the gap which can lead to eddies and increase in scour of the shoreline, which has occurred and is what likely caused the reduction in Salt Marsh. There was no evidence of eel grass beds in the work area. There is no proposed fill that would alter the distribution of sediment grain size. Proposed fill is located landward of the wall and will not erode into the waterway. There are no alterations in water quality from the proposed project. There was no evidence of high densities of polchaetes, mollusks or macrophytic algae in the project area. The project is not within the habitats identified by Natural Heritage Endangered Species Program (NHESP). 2.05: Coastal Banks See Section on 310 CMR 10.30. 2.06: Salt Marshes See Section on 310 CMR 10.32. 2.10: Land Subject to Coastal Storm Flowage See Section on 310 CMR 10.04. Other Protected Resource Areas Other resource areas protected under regulations include FEMA flood zones, Natural Heritage Endangered Species Program (NHESP) priority and estimated habitats of rare wildlife species, Area of Critical Environmental Concern (ACEC), and Impaired Waters. The project site is not located within an ACEC, any priority or estimated habitat of rare wildlife species. C17564.01: Notice of Intent Application Gold Village Waterside LLC, 681 Main Street, Yarmouth Page 5 of 7 FEMA FEMA Firmette for the Project Locus The project area is within the FEMA Flood Zones AE (EL 13), AE (EL 12) and AE (EL 11) as shown on the Firm Panel C25001C0588J. These elevations are based on the North American Vertical Datum of 1988 (NAVD88). Impaired Waters Parkers River (MA96-38) is designated by MassDEP as an impaired waterbody with an established Total Maximum Daily Load (TMDL) for Fecal Coliform. Fecal Coliform is an impairment usually caused by pet waste, sewer/septic discharges, boat pumpout releases, and waterfowl waste. This project will have no adverse effects on any of the sources of impairments listed above. Alternatives Analysis The following paragraphs describe the alternatives that were reviewed in the feasibility and design phases of the project development. The alternatives were reviewed based on reaching the project goals while minimizing impacts to the resource areas, constructability, and remaining economically feasible. Alternative 1 – No Action If no additional shoreline protection measures are installed the shoreline will continue to erode and undermine the parking lot and destabilize the bank. As the bank under the parking lot erodes, the bank behind the C17564.01: Notice of Intent Application Gold Village Waterside LLC, 681 Main Street, Yarmouth Page 6 of 7 existing revetment would begin to erode and cause the revetment to fail. A failure of the revetment would cause the parking lot and building foundation to be exposed to the same destructive forces which could leach associated pollutants into the waterbody and damage the building. The scoured areas behind the existing revetment would continue to erode, potentially adding siltation into the waterbody and hazardous materials from the parking lot materials. As the land under the parking lot and foundation of the restaurant erode the structures would fail. Alternative 2 – Bulkhead with toe protection (Preferred Alternative) Alternative 2 includes a bulkhead wall along the bank with returns just landward of the existing revetments. Once the wall is installed the area landward of the wall will be filled with grain-size compatible sediment to the parking lot grade. After the wall is installed armor stones will be placed seaward of the bulkhead wall. This alternative will fulfill the project goals to stabilize the Coastal Bank and protect the property. Alternative 3 – Construct a Revetment Across the Gap Alternative 3 includes extending the existing revetments across the gap. This would be done by placing the toe stones, bedding stone, secondary armor stone, and primary armor stone within the eroded gap. In order to place the stones of the revetment, sediment would need to be placed along the shoreline between the revetments. In order to place the sediment and keep it within the necessary project footprint a cofferdam would need to be placed outside of the project area, within the flow of the river and pump the water out of the project area to place the sediment in the dry. Once the sediment is compacted to allow stability of the bank the stone will be placed. Once the stone is placed the cofferdam can be removed. The flow rate along the shoreline will not change once the river is at the same initial cross-section. This is not the preferred alternative for multiple reasons including the fact that the existing flow has undermined and caused failure of the existing revetment, this alternative will not change the scour undermining and continuing to lead to failure of the revetment. This is not the preferred alternative due to the amount of sediment needed to fill the gap and create the bank to support the construction of the revetment. The sediment placed will slough off the bank and into the navigation channel leading to failure of the toe of the revetment and lead to turbidity in the navigation channel. Construction Protocol Prior to the Start of Construction: Prior to the start of any work there was an on-site meeting to review the proposed project and to satisfy the Conservation Agent that the work will be done as specified. After completion of all pre-construction requirements outlined in the specifications and Order of Conditions. On-Site Meeting: Prior to start of construction a meeting shall occur to discuss access and means of construction with the following individuals represented: Construction Contractor Coastal Engineering Co. Engineers Yarmouth Conservation Commission Representative Pre-Construction Requirements to be met by Contractor: Proof and Certification of Insurance Coverage Waiver, Release and Indemnification Posting of DEP sign C17564.01: Notice of Intent Application Gold Village Waterside LLC, 681 Main Street, Yarmouth Page 7 of 7 Pre-Construction Requirements to be met by Owner: Pre-construction photographs of the access, staging area, and project locus. Access & Staging: The access and staging will be through the parking lot on the site. Equipment: During the course of construction, the following equipment was used: Excavator. Crane. Dump Trucks. Miscellaneous hand tools. Work Completion and Vegetation Protocol: Once Construction is complete and the Agent and Engineer have reviewed the project and determined all work to be satisfactorily complete, the access will be brought to pre-construction conditions. Upon completion of the construction effort, and as soon as weather permits disturbed vegetation areas, are to be re-vegetated with previously existing species or similar as determined by the Conservation Agent. Post Construction Photographs: The Owner, or Engineer shall supply the Conservation Commission with post-construction photographs of the access and staging area, and the project locus, as well as the final emergency repair as attached to this narrative. Summary and Recommendations The project goals are to stabilize the shoreline and Coastal Bank to provide storm protection to the parking lot and building on site. With the minimal substrate located in the unprotected gap of the shoreline the engineer has determined that the most economically feasible project with the least environmental impact, least construction impact and greatest shoreline stability long-term is the preferred alternative of the bulkhead and toe stones. C17564.01: Notice of Intent Application Gold Village Waterside LLC, 681 Main Street, Yarmouth Page 1 of 1 Attachment A - Photos 7/6/2022 (left) and 7/19/2023 (right) 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: 681 Route 28 a. Street Address Yarmouth b. City/Town 932 c. Check number 92.50 d. Fee amount 2. Applicant Mailing Address: a. First Name b. Last Name Gold Village Waterside LLC c. Organization 681 Route 28 d. Mailing Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property Owner (if different): a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Cat 5a (bulkhead) 1 $4 x 35 LF $140.00 Riverfront 1 50% fee $70.00 Step 5/Total Project Fee: $210.00 Step 6/Fee Payments: Total Project Fee: $210.00 a. Total Fee from Step 5 State share of filing Fee: $92.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $117.50 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.) October 19, 2023 C17564.01 Division of Marine Fisheries Via EMAIL Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 RE: NOTICE OF INTENT Proposed sheet pile bulkhead Gold Village Waterside LLC 681 Route 28 Yarmouth, MA Map 32 Parcel 121 Dear Sir/Madam: Enclosed please find a copy of the Notice of Intent we have filed with the Town of Yarmouth Conservation Commission for the above referenced project. Sincerely, COASTAL ENGINEERING CO., INC. Carla A. Davis Enclosures: as stated cc: Mass. DEP/SERO – Wetlands Yarmouth Waterways/Shellfish Committee Gold Village Waterside LLC Catherine C. Ricks, Project Manager D:\DOC\C17500\17564.01 - No physical folder\Permitting\LOCAL\NOI - Proposed Bulkhead\DMF Letter - Updated.docx C17564.01/CCR AFFIDAVIT OF SERVICE Massachusetts Wetlands Protection Act M.G.L., CH 131, Sec. 40 I, Carla A. Davis, of Coastal Engineering Co., Inc. hereby certify under the pains and penalties of perjury that on October 19, 2023, I sent notification to abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131 Section 40 and the Department of Environmental Protection’s Guide to Abutter Notification dated April 8, 1994 in connection with the following matter: A Notice of Intent was filed under the Massachusetts Wetlands Protection Act and the Yarmouth Wetlands Protection By-law, by Gold Village Waterside LLC with the Yarmouth Conservation Commission on October 19, 2023 for property located at 681 Route 28, Map 32 Parcel 121 in Yarmouth, MA. The project is for the proposed sheet pile bulkhead with toe stones, and associated site improvements. The form of the notification and a list of the abutters to whom the notice was given and their addresses are attached to this Affidavit of Service. Sincerely, COASTAL ENGINEERING CO., INC. Carla A. Davis Enclosures: as stated cc: Mass. DEP/SERO – Wetlands Yarmouth Conservation Commission Gold Village Waterside LLC Catherine C. Ricks, Project Manager D:\DOC\C17500\17564.01 - No physical folder\Permitting\LOCAL\NOI - Emergency Follow-up\Draft NOI documents\Affidavit - Updated.docx October 19, 2023 C17564.01 ABUTTER NOTIFICATION Massachusetts Wetlands Protection Act M.G.L. Chapter 131 Section 40 Return Receipt Requested Dear Abutter: In accordance with the second paragraph of Massachusetts General Laws, Chapter 131, Section 40, and the Town of Yarmouth Wetlands Bylaw, you are hereby notified that Gold Village Waterside LLC has filed a Notice of Intent with the Yarmouth Conservation Commission for the proposed sheet pile bulkhead with toe stones, and associated site improvements at 681 Route 28, Map 32, Parcel 121 in Yarmouth, MA. This work falls within an Area Subject to Protection under the Wetlands Protection Act (M.G.L. c. 131, s.40). Information regarding the public hearing date, time and place, and/or copies of the Notice of Intent may be examined or obtained at the Yarmouth Conservation Commission Office located at 1146 Route 28 South Yarmouth, MA or by calling them at 508-398-2231. A hybrid (remote and in-person) public hearing will be held November 2, 2023 at 5:00 pm. Please check the Town of Yarmouth website for the agenda posting at https://www.yarmouth.ma.us/325/Conservation or call the Conservation Office directly to confirm meeting time and location. This information will also be published in the local newspaper at least five (5) days prior to the hearing. You may also contact our office or the Massachusetts Department of Environmental Protection, Southeast Region at (508) 946-2800 for more information about this application or the Wetlands Protection Act. Sincerely, COASTAL ENGINEERING CO., INC. Carla A. Davis Enclosures: as stated cc: Mass. DEP/SERO - Wetlands Yarmouth Conservation Commission Gold Village Waterside LLC Catherine C. Ricks, Project Manager 32/ 121/ / / GOLD VILLAGE WATERSIDE LLC 681 ROUTE 28 WEST YARMOUTH , MA 02673 32/ 118/ / / NEPTUNE LANE LLC C/O SILVIO DIGIOVANNI PO BOX 370 SOUTH YARMOUTH , MA 02664 32/ 122/ / / TOWN OF YARMOUTH PARK DEPT 1146 ROUTE 28 SOUTH YARMOUTH , MA 02664-4463 32/ 92/ / / MARITIME HERITAGE RESEARCH LABS 16 MACMILLAN WHARF PROVINCETOWN , MA 02657 32/ 93/ / / TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH , MA 02664-4463 32/ 91/ / / MANNING GERALD TRS THE PARKER RIVER REALTY TRUST 121 MAYFLOWER TERR SOUTH YARMOUTH , MA 02664 32/ 120/ / / KATZ STEVEN M 99 SULLIVAN RD WEST YARMOUTH , MA 02673 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:679 & 681 Route 28, West Yarmouth, MA 02673Assessors Map 32, Lot 121______________________________________Andy Machado, Director of AssessingOctober 13, 2023 T.O.Y. CONSERVATION AREA T.O.Y. TOW N OF YAR MOUTH T.O.Y. TOW N OF YAR MOUTH T.O.Y.PARK T.O.Y. POST OFFICE U.S. BEACHWOOD CONDOMINIUMS PIER 7 CONDOMINIUM RIVERVIEW RESORT PAWKANNAWKUTI ROQUOI S BOUL EVARDE L T ONROA DHU DS ONR OA D A P P L E B Y WAYCOURTLANDNEPTUNEROUTE 28 ROAD ANTHONY COLLEGESTREETWINSLOWROADGRAYROADLANESTREET RUBYS Q U A N T OBOG ROADROA DE L T O N R D . BOXBERRY R O A D P IN E W O O DMOLLYSHERMAN RDAM OS ROAD LANE ANDY MOLLY RD.SOUTH SEA AVENUETWIN OAKS CTERNEST RD. 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NO LIABILITY FOR ERROR IS ASSUMED BY THE TOWN OF YARMOUTH. 100 0 100 20050 Feet «SHEET32252423 333231 414039 WORK AREA (C) Copyright 2016, Trimble Navigation Limited, OpenStreetMap contributors ' 60.0000" W ' 60.0000" W 070° 13' 60.0000" W 070° 13' 60.0000" W 070° 12' 60.0000" W 070° 12' 60.0000" W 070° 11' 6 070° 11' 6041° 39' 60.0000" N041° 39' 60.0000" N041° 38' 60.0000" N041° 38' 60.0000" N041° 37' 60.0000" N041° 37' 60.0000" NSCALE 1:24000 0 1 Mile 0 1000 2000 Yards 0 1 2 Kilometers Declination MN 14.57° WGN 0.81° W  MN GN Map Name: DENNIS Print Date: 10/19/23 Scale: 1 inch = 2,000 ft. Map Center: 041° 38' 55.7311" N, 070° 13' 32.0800" W Horizontal Datum: NAD27 C17564.01/Gold Village Waterside LLC 681 Route 28, Yarmouth