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HomeMy WebLinkAboutBass River Golf Course Cart Path Bridge - Response to Comments 2October 26, 2023 Town of Yarmouth Yarmouth Conservation Commission Attn: Brittany DiRienzo, Conservation Administrator 1146 Route 28 South Yarmouth, MA 02664 Re: NOTICE OF INTENT RESPONSE TO ADDITIONAL COMMENTS - BASS RIVER GOLF COURSE BRIDGE REPLACEMENT DEP FILE NO. 083-2404 Dear Ms. DiRienzo and Conservation Commissioners: Below are the comments sent to Coneco Engineers & Scientists on October 18, 2023 by Brittany DiRienzo. The comments are in regard to the Notice of Intent (NOI) submittal for the proposed cart and pedestrian path bridge on the Bass River Golf Course. Ms. DiRienzo’s questions are numbered below as 1 to 5. The Coneco responses are listed as bullet points in Bold. 1.To meet the plan requirements, mean High and mean low water must be identified on the plan. Per the plan requirements Coneco’s survey was conducted using NAVD88 as the datum. We established an observation gauge at the crossing location, took readings over a five-day period in late August, and note that the tidal range is approximately 20 inches at this location. Coneco’s surveyors tied the gauge into NAVD88. MLT (MLW) is at elevation 0.44 feet and MHT (MHW) is at 2.10 feet. We have put these elevations on the plans. Scott Gilmore notes that even during King Tides the creek never overtopped the old bridge. 2.After further discussion with Andrew from DEP, this filing does not qualify as a limited project. An alternatives analysis is required to comply with 310 CMR 10.58. Since the bridge did not exist at the time of the application filing, it is not a remove and replace. We have recently worked on another project where a bridge was removed and years later replaced. The DEP considered this as a replacement project. We have also recently worked on 6 bridge and boardwalk replacement projects for DCR that were all allowed as Limited Projects under 310 CMR 10.53(3)(j) and 10.53(6) by both Conservation Commissions and the DEP (NERO and WERO). Additionally, under 310 CMR 10.24(7)(2) this project also appears to qualify as a Limited Project. We disagree that this bridge replacement should be considered as a new bridge. The bridge is being replaced now because funding is available, and it was not available at the time the old bridge was damaged and removed to prevent a public E NVIRONMENTAL E COLOGICAL E NERGY S URVEY C IVIL 238 Littleton Road, Suite 105, Westford, MA 01886 (978) 656-8684 Coneco.com safety risk. Regardless, this project qualifies under 310 CMR 10.58(5) as a redevelopment project. As shown on the plans and the attached 2 images the project elements within Riverfront are all located withing previously developed RFA. As such an alternatives analysis and selection of a LEDPA is not required. This project is proposed to eliminate a public safety issue. When the damaged bridge was removed golfers (both those in carts and those walking the golf course) were forced to follow a path through the woods following the east bank of the tidal creek to the point on the 13th golf hole where they could cross to the west of the creek because the creek is contained in a culvert under the 13th hole fairway. Upon exiting the woods the golfers are directly in line with the tee shots of the golfers playing the 13th hole. This unsafe condition would be eliminated by replacing the former bridge. In addition this path and another on the west side can be eliminated and the areas restored if the Commission finds this beneficial. There is no other alternative to get from the 18th tee to the 18th green (and therefore back to the clubhouse and parking lot) than by either unsafely walking backwards along the 13th hole or by crossing a bridge over the tidal creek. The Least Environmentally Damaging Practicable Alternative (LEDPA) is to replace the bridge in the location where the old one stood for decades which is the narrowest crossing location. Any other location along the creek would result in a longer crossing of the creek and adjacent wetland resource areas. 3. Structures over salt marshes must be designed at a height to width ratio of 1:1, although the Division of Marine Fisheries prefers a ratio of 1.5:1. Although we understand the reasoning for this guidance and have discussed this on multiple occasions with the DEP, putting the golf cart bridge 6 to 9 feet in the air would significantly increase the cost of the project to the Town, would likely require placing the structure on piers rather than clear spanning the resource area, would require railings, would require significant regrading of the paths to meet the bridge deck height, and would interfere with the play of the golf hole. This could, in fact, cause more damage to the resource areas than will be done by simply replacing a crossing that had existed for decades. Neither 310 CMR 10.32 nor the Town’s Regulations (Section 2.06) contain this requirement. In fact, 310 CMR 10.32(4) and the Town’s bylaw both state “Notwithstanding the provisions of 310 CMR 10.32(3), a small project within a salt marsh, such as an elevated walkway or other structure which has no adverse effects other than blocking sunlight from the underlying vegetation for a portion of each day, may be permitted if such a project complies with all other applicable requirements of 310 CMR 10.21 through 10.37.” As proposed this project complies with this performance standard. CONECO ENGINEERS & SCIENTISTS, INCORPORATED 4. Except for the helical pilings, no further activity may take place in the salt marsh, including the addition of fill. At this time, the project does not meet the performance standards set forth in 310 CMR 10.58 or 10.32. We have removed all grading and restoration plantings formerly proposed in the disturbed salt marsh area adjacent to the bridge. A revised set of design plans is attached as is a revised WPA Form 3. The only elements in salt marsh are four (4) helical piles. The project complies with all of the performance standards of 310 CMR 10.32 and 310 CMR 10.58. 5. To complete the application and be scheduled for a hearing, please provide an alternatives analysis including options that minimize adverse impact to the resource areas present and pick the design with the lowest impact. As noted above, as a redevelopment project under 310 CMR 10.58(5) an alternatives analysis and selection of a LEDPA is not required. 310 CMR 10.58 (5) states “Notwithstanding the provisions of 310 CMR 10.58(4)(c) and (d), the issuing authority may allow work to redevelop a previously developed riverfront area, provided the proposed work improves existing conditions. Redevelopment means replacement, rehabilitation or expansion of existing structures, improvement of existing roads, or reuse of degraded or previously developed areas.” This project proposes to reuse previously degraded areas. We have discussed alternative means of access from the 18th hole tee to the green and clubhouse above. On behalf of the Town of Yarmouth we request that the NOI be heard at your next available public meeting on November 2nd. We have met all of the requirements for a completed filing as required by the WPA and the Town Bylaw. We understand that you, and perhaps the Commission, still have questions and concerns about the project. We need to appear at a public meeting of the Commission to hear and respond to their concerns and those of the public. Please do not hesitate to contact me at 508-944-0479 should you have any questions. Sincerely, Michael J. Toohill, PWS, CE, CERP Sr. Environmental Scientist cc: MassDEP SERO Scott Gilmore – Bass River Golf Course, Town of Yarmouth Timothy Gerrish – Gardner+Gerrish Nicholas Hebel - Coneco CONECO ENGINEERS & SCIENTISTS, INCORPORATED 238 Littleton Road, Suite 105, Westford, MA 01886 Telephone: 978-656-8684 Bass River Golf Course, Yarmouth – 18th Hole Photo 1: Aerial View of Bridge in October 2016 Photo 2: Aerial View in April 2017 After Bridge Removal CONECO ENGINEERS & SCIENTISTS, INCORPORATED wpaform3.doc • rev. 6/18/2020 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number 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): 62 Highbank Road a. Street Address Yarmouth b. City/Town 02664 c. Zip Code Latitude and Longitude: 41.672323 d. Latitude -70.176115 e. Longitude 80-117 f. Assessors Map/Plat Number 80-117 g. Parcel /Lot Number 2. Applicant: Scott a. First Name Gilmore b. Last Name Town of Yarmouth-Bass River Golf Course c. Organization 62 Highbank Road d. Street Address South Yarmouth e. City/Town MA f. State 02664 g. Zip Code 774-212-9286 h. Phone Number i. Fax Number SGilmore@yarmouth.ma.us 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): Michael a. First Name Toohill b. Last Name Coneco Engineers & Scientists, Inc c. Company 238 Littleton Road, Suite 105 d. Street Address Westford e. City/Town MA f. State 01886 g. Zip Code 978-656-8684 x201 h. Phone Number i. Fax Number mtoohill@coneco.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): 0 a. Total Fee Paid 0 b. State Fee Paid 0 c. City/Town Fee Paid wpaform3.doc • rev. 6/18/2020 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town A. General Information (continued) 6. General Project Description: The project consists of replacing an existing bridge that crosses over a tidal creek. The existing structure was removed in 2017 due to damage and a replacement structure will be built in its place. 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) 10.24(7)(c)(2),10.53(3)(j), and 10.53(6) 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) 843 c. Book 417 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 6/18/2020 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area Bass River and unnamed tributary to Bass River-coastal 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: 720,000 square feet 4. Proposed alteration of the Riverfront Area: 2695 (previously developed) 2695 (previously developed) b. square feet within 100 ft. 0 c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 6/18/2020 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number 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 2695 (all previously altered) 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 4 (helical piles) 1. square feet 0 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 2695 (all previously altered) 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 0 a. number of new stream crossings 1 b. number of replacement stream crossings wpaform3.doc • rev. 6/18/2020 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number 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 08/2021 b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review∗ 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ∗∗ (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site ∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 6/18/2020 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Hull to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 6/18/2020 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 6/18/2020 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number 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. Bass River Golf Course Bridge Replacement a. Plan Title Gardner + Gerrish b. Prepared By Timothy Gerrish c. Signed and Stamped by 9/24/23 d. Final Revision Date 1" - 10' e. Scale Bass River Golf Course by Links Bridge f. Additional Plan or Document Title 10/25/23 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: 2. Municipal Check Number 3. Check date 4. State Check Number 5. Check date 6. Payor name on check: First Name 7. Payor name on check: Last Name wpaform3.doc • rev. 6/18/2020 Page 9 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 City/Town F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. 1. Signature of Applicant 2. Date 3. Signature of Property Owner (if different) 4. Date 5. Signature of Representative (if any) 6. Date For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the “yes” box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. 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: 62 Highbank Road a. Street Address Yarmouth b. City/Town n/a c. Check number 0 d. Fee amount 2. Applicant Mailing Address: Scott a. First Name Gilmore b. Last Name Town of Yarmouth c. Organization 1146 Route 28 d. Mailing Address South Yarmouth e. City/Town MA f. State 02664 g. Zip Code 508-398-2231 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 N/A - Fee Exempt 1 0 0 Step 5/Total Project Fee: 0 Step 6/Fee Payments: Total Project Fee: 0 a. Total Fee from Step 5 State share of filing Fee: 0 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: 0 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.)