Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
NOI
12/29/23, 2:28 PM Cape & Islands Engineering, Inc. Mail - eDEP Submittal Confirmation for DEP Transaction ID: 1614871 https://mail.google.com/mail/u/0/?ik=a5893e6ebf&view=pt&search=all&permthid=thread-f:1786645608534303076%7Cmsg-f:1786645608534303076…1/2 Lori Macdonald <lmacdonald@capeeng.com> eDEP Submittal Confirmation for DEP Transaction ID: 1614871 1 message edep.confirmation@mass.gov <edep.confirmation@mass.gov>Fri, Dec 29, 2023 at 2:27 PM To: jean@capeeng.com Cc: lmacdonald@capeeng.com, raul@capeeng.com, bdirienzo@yarmouth.ma.us, kbrooks@yarmouth.ma.us, stacy@capeeng.com, charlene@capeeng.com Thank you for using eDEP Online Filing from the Massachusetts Department of Environmental Protection. Your transaction is complete and has been submitted to MassDEP. This email is your receipt for the eDEP Online Filing transaction described below. Please review it and keep a copy for your records. Please do NOT reply to this message, this email address will not receive messages. For assistance with eDEP Online Filing, please email the eDEP-Support at mailto:edep-support@mass.gov or call 617-626-1111. MassDEP is interested in how we can serve you better. To help us make improvements to eDEP, please take a minute to complete our eDEP Online Filing Survey at http://www.mass.gov/eea/agencies/massdep/service/online/edep-contacts- and-feedback.html. To contact MassDEP Programs, please see http://mass.gov/dep/about/contacts.htm. ************************************************************************************** DEP Transaction ID: 1614871 Date and Time Submitted: 12/29/2023 02:27:05 ************************************************************************************** Form Name: WPA Form 3 - NOI Project Location City/Town Name: YARMOUTH location: 6 BUTTERCUP LANE General Description: THE PROPOSED WORK INVOLVES SHORELINE STABILIZATION AND INVASIVE SPECIES MANAGEMENT ON SITE. WORK WILL TAKE PLACE ON THE COASTAL BEACH, COASTAL BANK, LAND SUBJECT TO COASTAL STORM FLOWAGE AND YARMOUTH COASTAL WATERSHED AREAS. Applicant Information Name: ADRIENNE HOLLANDER Company Address: 17 WELD STREET, APT. 38 FRAMINGHAM MA 01702-7443 Payment Information Your fee for the state share is $: 237.50 If you have paid by credit card or ACH, thank you for your payment. If you are paying by check or money order, please send your check (payable to the Commonwealth of Massachusetts) to MassDEP, Box 4062, Boston, MA 02211 Additional Forms Submitted WPA Form 3 - NOI (Fee Transmittal)(ONLINE ONLY) Ancillary Document Uploaded/Mailed : 20231213_Resto_Buttercup Ln_YAR_SUB 20231213_Work Protocols_Buttercup Ln_6_YAR_SUB BUTTERCUP_6_HOLLANDER_SP Yarmouth - NOI - 6 Buttercup Lane - Hollander 12-29-2023 p2pdf ************************************************************************************** EMAIL ID OF THE USER: jean@capeeng.com ************************************************************************************** 12/29/23, 2:28 PM Cape & Islands Engineering, Inc. Mail - eDEP Submittal Confirmation for DEP Transaction ID: 1614871 https://mail.google.com/mail/u/0/?ik=a5893e6ebf&view=pt&search=all&permthid=thread-f:1786645608534303076%7Cmsg-f:1786645608534303076…2/2 EMAIL ID OF THE OTHER USERS: lmacdonald@capeeng.com; raul@capeeng..com; bdirienzo@yarmouth.ma.us; kbrooks@yarmouth.ma.us; stacy@capeeng.com; charlene@capeeng.com; ************************************************************************************** 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 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 ZONE XOHWOHWOHWOHWOHWOHWOHW BUTTERCUP LANE(40' WIDE - PRIVATE)L A W N FZFZFZFZCBCBCBCBAAAAAGRAVEL DRIVEWAY MHWMHWMHWMHWMHWMHWL A W N AC BRICK PATIO CONC APRONP L A N T S BELOW GROUND PROPANE TANK 24681012141618 181 8 1818 FLOAT RAMP PIER P L A N T S VEGETATIONVEGETATION SEE DEP L I C . 8 9 8 8 P L A N T SP L A N T SLOT 2 9,323 ± S.F.EDGE OF PAVEMENTEDGE OF PAVEMENTS 25° 06' 32" W 111'±S 64° 53' 28" E80.00'N 25° 06' 32" E 123'± APPROXIMATE LOCATION OF SEPTIC SYSTEM FROM TOWN RECORDS LOT 1 LOT 3GRAVEL PARKINGUP ICB LAMP POST #6 DWELLING FIN. FL. EL. = 18.8 FOLLINS POND LAND UNDER THE OCEAN LAND CONTAINING SHELLFISH C O A S T A LB A N KS A L T M A R S H GARAGE SLAB EL.= 18.2 FEMA ZONEAE(EL.9')EROSION ALONG TOE OF COASTAL BANK SM-3 SM-4 SM-5 B E A C H S A L T M A R S H B E A C H SM-2 SM-1 PROPOSED MANAGEMENT OF ENGLISH IVY AND OTHER SPARSE INVASIVE AND NON-NATIVE PLANT SPECIES TO CONSERVE THE EXISTING NATIVE PLANT SPECIES THAT CURRENTLY VEGETATES THE FACE OF THE COASTAL BANK (2,000 SF). NO PLANTING OF NATIVE SPECIES IS REQUIRED DUE TO THE DENSITY OF THE EXISTING NATIVE PLANT SPECIES ON THE COASTAL BANK SECTION A - A ' PROPOSED ACCESS PROPOSED REINFORCED SALT MARSH (APROX. 410 SF) MHW 1.5' EXISTING EDGE OF SALT MARSH REINFORCED HIGH MARSH PLANT COMMUNITY CONSISTING OF 50% 6"-8" ROUNDED COBBLE, 25% COIR FIBER AND COMPOST, AND 25% COMPATIBLE SEDIMENT ENCASED IN 2 LAYERS OF COIR (700 GRAM) AND SINGLE LAYER OF 20OZ JUTE-BURLAP ALONG THE SEAWARD EDGE. PLANT AT 9" O.C. WITH SPECIFIED TRANSITIONAL HIGH MARSH SPECIES. EXISTING NATIVE VEGETATION ON COASTAL BANK TO REMAIN THIS DRAWING AND ALL IDEAS EMBODIED THEREIN IS PROPRIETARY INFORMATION OF WILKINSON ECOLOGICAL DESIGN, INC. (WED) AND SHALL NOT BE COPIED, REPRODUCED, OR DISCLOSED IN CONNECTION WITH ANY WORK OTHER THAN THE PROJECT FOR WHICH IT HAS BEEN PREPARED, IN WHOLE OR PART, WITHOUT PRIOR WRITTEN AUTHORIZATION FROM WED. © 2023 WILKINSON ECOLOGICAL DESIGN, INC. FOR PERMITTING PURPOSES ONLY THIS DRAWING IS NOT INTENDED FOR CONSTRUCTION NOTES: REV DATE DESCRIPTION DRAWN BY:CHECKED BY: DATE:SCALE: SURVEY PROVIDED BY: 7-Dec-23 k:\clients\buttercup ln_6_yar\consult\plans\restoplan\20231207_resto_buttercup ln_yar.dwg 1 OF 1 SWJS/MP VARIES12/13/2023 HOLLANDER 6 BUTTERCUP LANE YARMOUTH, MA RESTORATION PLAN CAPE & ISLANDS ENGINEERING SUMMERFIELD PARK 100 FALMOUTH ROAD SUITE 301C MASHPEE, MA 02649 508.477.7272 00 20'40' N Scale: 1"= 20' RESTORATION PLAN1 Scale: 1/4"= 1' PROPOSED SECTION A-A'2 1. APPROXIMATELY THREE GROWING SEASONS WILL BE REQUIRED TO CONTROL AND/OR ERADICATE INVASIVE PLANT SPECIES. AFTER THREE GROWING SEASONS, MONITORING AND MINIMAL MAINTENANCE WILL BE ONGOING. 2. HERBICIDES ARE TO BE APPLIED BY LICENSED INDIVIDUALS ONLY. 3. HAND-WEEDING AND SELECTIVE HERBICIDE TREATMENTS WILL BE REQUESTED AS AN ONGOING CONDITION TO STOP REINTRODUCTION OF INVASIVE AND AGGRESSIVE PLANT SPECIES INTO THE PROJECT AREA. 4. ALL EXPOSED SOILS WILL BE SEEDED WITH NATIVE CAPE COD MEADOW MIX UNLESS OTHERWISE SPECIFIED. 5.CONSTRUCTION OF THE BIOENGINEERING MEASURES SHOWN ON THIS DOCUMENT TO BE OVERSEEN BY A CERTIFIED ECOLOGICAL RESTORATION PRACTITIONER. TRANSITIONAL HIGH MARSH PLANT COMMUNITY SPECIES TO BE PLANTED AT 9" O.C. WITHIN REINFORCED MARSH common name scientific name size American Beachgrass Ammophila breviligulata plug/culm Saltmarsh Hay Spartina patens plug Seaside Goldenrod Solidago sempervirens plug Salt Marsh Rush Juncus gerardii plug Smooth Cordgrass Spartina alterniflora plug Spike Grass Distichlis spicata plug NOTICE OF INTENT Filing under the Massachusetts Wetlands Protection Act, M.G.L. c. 131, § 40 and associated Regulations at 310 CMR 10.00 and the Town of Yarmouth Wetland By-Law Chapter 143, Section 2 and associated Regulations Project Shoreline Stabilization and Restoration Location 6 BUTTERCUP LANE SOUTH YARMOUTH, MA 02664 Applicant and Owner Adrienne Hollander 17 Weld Street, Apt 38 Framingham, MA 01702-7443 NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Table of Contents 1.0 Overview ................................................................................................................................................ 1 1.1 Introduction.........................................................................................................................................1 1.2 Applicable Regulations ....................................................................................................................... 1 2.0 Background ........................................................................................................................................... 1 2.1 Existing Conditions .............................................................................................................................1 2.2 Property History .................................................................................................................................. 1 2.3 Site Characteristics ............................................................................................................................. 1 3.0 Proposed Project ..................................................................................................................................2 3.1 Scope of Work .................................................................................................................................... 2 3.2 Resource Areas .................................................................................................................................. 2 3.3 Construction Methodology..................................................................................................................2 3.4 Anticipated Impacts ............................................................................................................................2 4.0 Minimization and Mitigating Measures ............................................................................................... 3 4.1 Mitigation Measures ............................................................................................................................ 3 5.0 Applicable Performance Standards .................................................................................................... 3 5.1 Coastal Beaches and Tidal Flats / Coastal Beach ............................................................................. 3 5.2 Coastal Bank ...................................................................................................................................... 4 5.3 Salt Marsh ........................................................................................................................................... 6 5.4 Land Containing Shellfish ................................................................................................................... 8 5.5 Land Subject to Coastal Storm Flowage .......................................................................................... 10 5.6 Coastal Watershed Areas ................................................................................................................. 11 5.7 Estimated Habitat and Protected Species ........................................................................................ 11 5.8 Area of Critical Environmental Concern (ACEC) .............................................................................. 11 6.0 Summary..............................................................................................................................................11 6.1 Performance Standard Metrics ......................................................................................................... 11 6.2 Request for Order of Conditions.......................................................................................................12 6.3 Contact Information .......................................................................................................................... 12 7. Figures .................................................................................................................................................. 13 Figure 1 – USGS TOPO Map ................................................................................................................. 13 Figure 2 – ACEC and NHESP Map ........................................................................................................ 14 Figure 3 – FEMA Firmette ...................................................................................................................... 15 8. Appendixes ........................................................................................................................................... 16 Appendix A – Abutter Affidavit of Service ............................................................................................... 16 Appendix B – Abutter Notification ........................................................................................................... 17 Appendix C – Certified Abutters List ....................................................................................................... 18 Appendix D – Site Photographs.............................................................................................................. 19 NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Appendix E – Directions to Site .............................................................................................................. 20 Appendix F – Wilkinson Ecological Design – Work Protocol..................................................................21 Appendix G – Project Plans (See attached)...........................................................................................23 3245 12/26/23 eFiled Cape & Islands Engineering Inc. Town of Yarmouth Wetland Bylaw, Chapter 143 NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 1 1.0 OVERVIEW 1.1 Introduction Cape & Islands Engineering, Inc. has submitted this Notice of Intent (NOI) Application, on behalf of the applicant, Adrienne Hollander for the proposed coastal restoration at 6 Buttercup Lane (Map 119, Parcel 34.1, Lot 2) in South Yarmouth, MA. The proposed work involves the shoreline stabilization of an existing Coastal Bank in order to eliminate the ongoing erosion at the subject parcel and the restoration of Coastal Bank by removing invasive, non-native English Ivy. No new development is proposed as a part of the project. Work will take place on the Coastal Beach, Coastal Bank, Land Subject to Coastal Storm Flowage and Yarmouth Coastal Watershed Areas. The project will result in a net environmental benefit after the work is complete. The proposed activities are further described below. 1.2 Applicable Regulations This application has been filed pursuant to the Commonwealth of Massachusetts Wetlands Protection Act (MA WPA) M.G.L. Chapter 131, Section 40, and its implementing regulations (310 CMR 10.00); and the Town of Yarmouth Wetland By-law, Chapter 143, Section 2 and its associated regulations (YWPR). 2.0 BACKGROUND 2.1 Existing Conditions The project is located at 6 Buttercup Lane, South Yarmouth, MA, a private residential property on Follins Pond. The 9,323 square foot lot is currently occupied by an existing single-family, two story, three bedroom, three bath, colonial home built in 1997 and remodeled in 2000. The property has a single car garage, gravel driveway, brick walk, brick patio, landscaping and lawn, and a stairway, pier and float accessing Follins Pond. Electric, gas, water and a private septic system service the home. On site, the existing toe of the Coastal Bank is eroding resulting in the destabilization of the rest of the Coastal Bank and the sedimentation of the adjacent Salt Marsh. 2.2 Property History The property has been a lot on record since on or about July 24, 1947, and has been developed as a legal single-family residence as of 1997, per the Town Assessors records. 2.3 Site Characteristics The site is developed with a residential single family home and a pier and float system. The lot is 9,323 square feet with a maintained lawn and plantings. A portion of the property is located in FEMA Flood Zone AE (EL. 9) as shown on the FEMA Flood Insurance Rate Map, Community Panel No. 25001C0583J, effective July 16, 2014. Flood Zone elevations shown and referenced are based on the 1988 North American Vertical Datum (NAVD 1988). The site topography is relative flat until, to the east/northeast of the property where it slopes down to Follins Pond at a 2:1 slope. The slope to Follins Pond is wooded with oaks (Quercus sp.), pitch pine (Pinus rigida), eastern red cedar (Juniperus virginiana), black cherry (Prunus serotina), black locust NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 2 seedlings (Robinia pseudoacacia), and English Ivy (Hedera helix). The toe of the slope is eroded and undercut with some areas of erosion along the slope face. A newly formed beach and a salt marsh is located at the bottom of the slope. 3.0 PROPOSED PROJECT 3.1 Scope of Work The proposed work consists stabilizing the existing eroding bank with the installation of a reinforced high marsh and the selective management of invasive plant species on the bank. The reinforced high marsh is a below-grade matrix of cobble, compatible sediment, coir fibers, and compost encased in biodegradable material. The installation is a reinforced planting medium for transitional marsh species such as salt marsh hay, spike grass, seaside goldenrod, switchgrass, and American beach grass. See Restoration Plan by Wilkinson Ecological Design and Work Protocols for Reinforced High Marsh Installation document by Wilkinson Ecological Design. Two access routes are proposed. One access route will be across the existing lawn to reach the top of the Coastal Bank. Machines will be utilized to winch materials down to the work area along the toe of the bank, but will not traverse the bank. The second access route will be via barge or landing craft to allow small low ground pressure equipment to reach the bottom of the bank within the project area. 3.2 Resource Areas Wetland resource areas found on or within 100 feet of the site include Coastal Beach, Coastal Bank, Land Subject to Coastal Storm Flowage, Coastal Watershed Areas, Salt Marsh and Land Containing Shellfish. The southeastern corner of the developed lot is located within the 200-foot Riverfront Area, however, no work is proposed within this portion of the lot. The proposed work consists of Coastal Bank stabilization to protect the property. No new development is proposed. See Section 5.0 for the applicable performance standard analysis of each resource area. 3.3 Construction Methodology The Order of Conditions and signage will be posted at the site and the area staged for construction. Efforts will be coordinated to minimize construction time and disturbance within and around the subject resource areas. Construction methodology is outlined in detail in the Work Protocols document by Wilkinson Ecological Design found in the Appendices. 3.4 Anticipated Impacts The proposed project is a bank stabilization project and will greatly enhance the shoreline’s ability to withstand erosion while also enhancing the location with beachgrass. In addition, invasive, non-native English Ivy will be removed from Coastal Bank in order to reestablish native species. Minor temporary impacts to Coastal Bank and Coastal Beach will occur when completing the work. The project as designed can be implemented with typical methodologies and measures. No adverse impacts associated with this project are anticipated. All disturbances will be kept to the minimum necessary to complete the stabilizationactivities. NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 3 4.0 MINIMIZATION AND MITIGATING MEASURES 4.1 Mitigation Measures The entire project is a stabilization and restoration project. No mitigation is required. The project has been designed to provide a long term environmental benefit and to protect the health and safety of the adjacent property owner. 5.0 APPLICABLE PERFORMANCE STANDARDS 5.1 Coastal Beaches and Tidal Flats / Coastal Beach According to the YWPR Part 2. Section 2.02 and the MA WPA Regulations at 310 CMR 10.27, Coastal Beaches and Tidal Flats / Coastal Beach is defined as follows and the project must meet the applicable specified performance standard(s): YWPR Definition (2.02 (2)(a)) “Coastal Beach” unconsolidated sediment subject to wave, tidal or coastal storm action which forms the gently sloping shore of a body of salt water and includes tidal flats. Coastal beaches extend from the mean low water line landward to the coastal dune line, coastal bank line or the seaward edge of existing man made structures, when these structures replace one of the above lines, whichever is closest to the ocean.” YWPR Performance Standards (2.02(3)) “Any activity which is allowed on a coastal beach or tidal flat or within 100 feet of a coastal beach or tidal flat shall not have an adverse effect on the coastal beach or tidal flat by: (a) affecting the ability of the waves to remove sand from the beach or tidal flat; (b) disturbing the vegetative cover, if any, so as to destabilize the beach or tidal flat; (c) causing any modification of the beach or downdrift beach that would increase the potential for storm or flood damage; (d) interfering with the natural movement of the beach or tidal flat; (e) causing artificial removal of sand from the beach or downdrift beach. MA WPA Regulatory Definitions (310 CMR 10.27(2)) “Coastal Beach means unconsolidated sediment subject to wave, tidal and coastal storm action which forms the gently sloping shore of a body of salt water and includes tidal flats. Coastal beaches extend from the mean low water line landward to the dune line, coastal bankline or the seaward edge of existing human-made structures, when these structures replace one of the above lines, whichever is closest to the ocean.” MA WPA Regulatory Performance Standards: WHEN A COASTAL BEACH IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION, FLOOD CONTROL, OR PROTECTION OF WILDLIFE HABITAT, 310 CMR 10.27(3) THROUGH (7) SHALL APPLY: (3) Any project on a coastal beach, except any project permitted under 310 CMR 10.30(3)(a), shall not have an adverse effect by increasing erosion, decreasing the volume or changing the form of any such coastal beach or an adjacent or downdrift coastal beach. (4) Any groin, jetty, solid pier, or other such solid fill structure which will interfere with littoral drift, in addition to complying with 310 CMR 10.27(3), shall be constructed as follows: (a) It shall be the minimum length and height demonstrated to be necessary to maintain beach form and volume. In evaluating necessity, coastal engineering, physical oceanographic and/or coastal geologic information shall be considered. (b) Immediately after construction any groin shall be filled to entrapment capacity in height and length with sediment of grain size compatible with that of the adjacent beach. NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 4 (c) Jetties trapping littoral drift material shall contain a sand by-pass system to transfer sediments to the downdrift side of the inlet or shall be periodically redredged to provide beach nourishment to ensure that downdrift or adjacent beaches are not starved of sediments. (5) NOT APPLICABLE (6) NOT APPLICABLE (7) Notwithstanding the provisions of 310 CMR 10.27(3) through (6), no project may be permitted which will have any adverse effect on specified habitat sites or rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. The resource area referred to as “Coastal Beach” is located north/northeast of the property at the toe of Coastal Bank as shown on the attached plans. The Coastal Beach extends from the Mean High- Water line to the toe of the Coastal Bank and includes Salt Marsh. The Coastal Beach appears to have been created by the erosion of the toe of the Coastal Bank which as a result, buried the adjacent Salt Marsh. The existing Coastal Beach is unvegetated. There are no rare invertebrates or vertebrate species or associated habitat mapped by MNHESP on or adjacent to the property. The Coastal Beach is located within a protected tidal inlet which naturally limits the modification of beach and downdrift movement of sands. The presence of the Salt Marsh buffers the Coastal Beach during tide events, further limiting the modification or movement of Coastal Beach. The Coastal Beach is not significant to storm damage prevention, flood control or the protection of wildlife on this property. The overriding resource areas on site that protect the property from storm damage and flood control is Coastal Bank and Salt Marsh. It is anticipated that, over time, the newly formed Coastal Beach at the toe of the Coastal Bank will eventually transition back to Salt Marsh. Impacts to the newly formed Coastal Beach will occur when stabilizing the Coastal Bank and preventing the continued burying of Salt Marsh caused by the eroding Coastal Bank. The project will protect the adjacent developed property and the health and safety of the property owners by stabilizing the toe of an eroding Coastal Bank and preventing the continued undermining and destabilization of the Coastal Bank. The project meets all regulatory performance standards for Coastal Beach. The proposed project activities will not cumulatively impact the resource area’s functions or values. 5.2 Coastal Bank According to the and the YWPR Part 2. Section 2.05 and the MA WPA Regulations at 310 CMR 10.30 Coastal Bank is defined as follows and the project must meet the applicable specified performance standard(s): YWPR Definitions (2.05 (2)): ““Coastal bank” means 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 storm flowage, or other wetland. Any minor discontinuity of the slope notwithstanding, the top of the bank shall be the first significant break in slope that occurs above the relevant 100 year flood plain elevation. The 100 year flood plain elevation shall be taken from the latest available Flood Insurance Rate Maps, prepared by the Federal Emergency Management Agency for the Town of Yarmouth.” YWPR Performance Standards (2.05 (3)): “Any activity that is allowed on a coastal bank shall comply with the following provisions: NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 5 (a) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on a coastal bank that provides significant sediment to an adjacent or downdrift coastal beach; except that such a coastal engineering structure shall be permitted when required to prevent storm damage to buildings constructed prior to August 10, 1978, including re-construction of such buildings subsequent to the effective date of these regulations, provided that the following requirements are met: (1) coastal engineering structures or modifications thereto shall be designed and constructed so as to minimize, using best available measures, adverse effects on adjacent or nearby coastal beaches due to changes in wave action; (2) the applicant demonstrates that no method of protecting the building other than the proposed coastal engineering structure is feasible; (3) protective planting designed to reduce erosion may be permitted; and (4) the applicant provides sufficient evidence that the building was constructed pursuant to a Notice of Intent prior filed before August 10, 1978. (b) Any project on a coastal bank or within 100 feet of the top of a coastal bank, other than a structure permitted under section 2.05, (3), (a), shall not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action or flooding, and shall not have an adverse effect on the stability of a coastal bank.” MA WPA Regulatory Definitions (310 CMR 10.30(2)) “Coastal Bank means 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. MA WPA Regulatory Performance Standards: WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OR FLOOD CONTROL BECAUSE IT SUPPLIES SEDIMENT TO COASTAL BEACHES, COASTAL DUNES OR BARRIER BEACHES, 310 CMR 10.30(3) THROUGH (5) SHALL APPLY: (3) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on such a coastal bank except that such a coastal engineering structure shall be permitted when required to prevent storm damage to buildings constructed prior to the effective date of 310 CMR 10.21 through 10.37 or constructed pursuant to a Notice of Intent filed prior to the effective date of 310 CMR 10.21 through 10.37 (August 10, 1978), including reconstructions of such buildings subsequent to the effective date of 310 CMR 10.21 through 10.37, provided that the following requirements are met: (a) a coastal engineering structure or a modification thereto shall be designed and constructed so as to minimize, using best available measures, adverse effects on adjacent or nearby coastal beaches due to changes in wave action, and (b) the applicant demonstrates that no method of protecting the building other than the proposed coastal engineering structure is feasible. (c) protective planting designed to reduce erosion may be permitted. (4) Any project on a coastal bank or within 100 feet landward of the top of a coastal bank, other than a structure permitted by 310 CMR 10.30(3), shall not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action. (5) The Order of Conditions and the Certificate of Compliance for any new building within 100 feet landward of the top of a coastal bank permitted by the issuing authority under M.G.L. c. 131,§ 40 shall contain the specific condition: 310 CMR 10.30(3), promulgated under M.G.L. c. 131, § 40, requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OR FLOOD CONTROL BECAUSE IT IS A VERTICAL BUFFER TO STORM WATERS, 310 CMR 10.30(6) THROUGH (8) SHALL APPLY: (6) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall have no adverse effects on the stability of the coastal bank. NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 6 (7) Bulkheads, revetments, seawalls, groins or other coastal engineering structures may be permitted on such a coastal bank except when such bank is significant to storm damage prevention or flood control because it supplies sediment to coastal beaches, coastal dunes, and barrier beaches. (8) Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. The state defined resource area is the same as the locally defined resource. On site, Coastal Bank is located from the landward limits of the Coastal Beach up to approximately elevation 16.5 feet. The Coastal Bank is within a protected inlet, upslope from a Salt Marsh. The existing Coastal Bank does not provide significant sediment to adjacent or downdrift coastal beaches. The erosion of the Coastal Bank has created a narrow strip of Coastal Beach between the Salt Marsh and toe of the Coastal Bank and appears to be burying existing Salt Marsh. The existing Coastal Bank is currently eroding along the toe of the Coastal Bank, destabilizing the rest of the Bank. The proposed bank stabilization will protect the residential land and home from future erosion which could become a danger to the health and safety of the home owner. The proposal for the project includes a coastal adaptation strategy that consists of an 80 linear foot reinforced high marsh along the eroding toe of the Coastal Bank. The reinforced high marsh will lessen the severity of erosion at the toe of bank, which will preserve the existing plant community on the face of the bank, and will provide additional native plant species where none currently exists. The proposed coastal adaptation strategy takes into account the anticipated sea level rise. The reinforced high marsh installation will further protect the coastal bank and will enhance the continued storm damage prevention that the current bank provides. The project meets all regulatory performance standards for Coastal Bank. The proposed project activities will not have an adverse effect on the subject resource area, its characteristics or interests. 5.3 Salt Marsh According to the YWPR Part 2. Section 2.06 and the MA WPA Regulations at 310 CMR 10.32, Salt Marsh is defined as follows and the project must meet the applicable specified performance standard(s): YWPR Definition (2.06(a)): (a) ““Salt Marsh” means a coastal wetland that extends landward up to the highest spring tide of the year, and is characterized by a plant community consisting of, but not limited to, 50% or more of any of the following species: Salt Meadow Cord Grass (Spartina patens); Salt Marsh Cord Grass ( Spartina alterniflora); Spike Grass (Distichlis spicata); Sea Lavender (Limonium nashii); Seaside plantago (Plantago juncoides); Aster (Aster subulatus); Sea Blite (Suaeda maritima); Black Grass (Juncus gerardi); Samphire (Salicornia europaea); Glasswort (S. bigelovii); Reed Grass (Phragmite communis); Salt Marsh Bulrush (Scirpus robustus); or Narrow Leaf Cattail (Typha spp.). (b) “Spring Tide” means the tide of greatest amplitude during the approximately 14 day tidal cycle. It occurs at or near the time when the gravitational forces of the sun and moon are in phase, (new and full moons).” YWPR Performance Standards (2.06(3)): Any activity which is allowed on a salt marsh shall comply with the following provisions: (a) A proposed project in a salt marsh, on land within 100 feet from a salt marsh, or in a body of water adjacent to a salt marsh shall not destroy any portion of the salt marsh and shall not have an adverse effect on the productivity of the salt marsh. Alterations in growth, distribution and composition of salt marsh vegetation shall be considered in evaluating adverse effects on productivity. NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 7 (b) Notwithstanding the provisions of section 2.06, (3), (a), 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 these regulations. (c) Notwithstanding the provisions of section 2.06, (3), (a), a project which will restore or rehabilitate may be permitted; provided, however, that this section shall not be construed to allow the alteration of one salt marsh on a given site by or contingent upon the creation or restoration of another. MA WPA Regulatory Definitions (310 CMR 10.32(2)) “Salt Marsh means 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.” “Spring Tide means the tide of the greatest amplitude during the approximately 14-day tidal cycle. It occurs at or near the time when the gravitational forces of the sun and the moon are in phase (new and full moons).” MA WPA Regulatory Performance Standards: “WHEN A SALT MARSH IS DETERMINED TO BE SIGNIFICANT TO THE PROTECTION OF MARINE FISHERIES, THE PREVENTION OF POLLUTION, STORM DAMAGE PREVENTION OR GROUND WATER SUPPLY, 310 CMR 10.32(3) THROUGH (6) SHALL APPLY: (3) A proposed project in a salt marsh, on lands within 100 feet of a salt marsh, or in a body of water adjacent to a salt marsh shall not destroy any portion of the salt marsh and shall not have an adverse effect on the productivity of the salt marsh. Alterations in growth, distribution and composition of salt marsh vegetation shall be considered in evaluating adverse effects on productivity. 310 CMR 10.32(3) shall not be construed to prohibit the harvesting of salt hay. (4) 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. (5) Notwithstanding the provisions of 310 CMR 10.32(3), a project which will restore or rehabilitate a salt marsh, or create a salt marsh, may be permitted in accordance with 310 CMR 10.11 through 10.14, 10.24(8), and/or 10.53(4). (6) Notwithstanding the provisions of 310 CMR 10.32(3) through (5), no project may be permitted which will have any adverse effect on specified habitat sites of Rare Species, as identified by procedures established under 310 CMR 10.37.” Salt Marsh is located on site at the toe of the Coastal Bank with a newly develop Coastal Beach located between the toe of the Coastal Bank and the Salt Marsh. The Salt Marsh was flagged in the field and is shown on the attached plans as flag numbers SM-1 to SM-5. All the proposed work is located above the Salt Marsh. The proposed reinforced salt marsh restores an area that appears to have been Salt Marsh but has been buried with sediments from the eroding bank. The project meets all regulatory performance standards for Salt Marsh. The proposed project activities will not cumulatively impact the resource area’s functions or values. NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 8 5.4 Land Containing Shellfish According to the YWPR Part 2. Section 2.08 and the MA WPA Regulations at 310 CMR 10.34, Land Containing Shellfish is defined as follows and the project must meet the following specified performance standard(s): YWPR Definition (YWPR 2.08 (2)): “(a)“Land Containing Shellfish” means land under the ocean, tidal flats, salt marshes and land under salt ponds when any such land contains shellfish. (b) “Shellfish” means the following species: Bay scallop (Aequipecten irradians); Blue mussel (Mytilus edulis); Ocean quahog (Artica islandica); Oyster (Crassostrea virginiica); Quahog (Mercenaria mercenaria); Razor clam (Ensis directus); Sea clam (Spisula solidissima); Sea scallop (Placopecten magellanicus); Soft shell clam (Mya arenaria); Lobster (Homarus americanus); Grass shrimp (Hippolyte spp.) Sand shrimp (Crangon septemspinosa); Blue crab (Callinectes sapidus); Green crab (Carcinides maenas); Fiddler crab (Uca spp.); Rock crab (Cancer irroratus).” YWPR Performance Standard (2.08(3)): “Except as provided in section 2.08, (4) and (5) below, any project on land containing shellfish shall not adversely affect such land or marine fisheries by a change in the productivity of such land caused by: (a) alterations in water circulation; (b) alteration in relief elevation; (c) the compacting of sediment by vehicular traffic; (d) alterations in the distribution of sediment grain size; (e) Alterations in natural drainage from adjacent land, or (f) changes in water quality, including, but not limited to, other than natural fluctuations in the levels of salinity, dissolved oxygen, temperature or turbidity, or the addition of pollutants. (4) The Conservation Commission may, after consultation with the shellfish constable, permit shellfish to be removed from such an area under the guidelines of and to a suitable location approved by the state Division of Marine Fisheries, (D.M.F.) in order to permit a proposed project on such land. Any such project shall not be commenced until after the moving and replanting of the affected shellfish has been completed. (5) Notwithstanding section 2.08, (3), projects approved by said D.M.F. that are specifically intended to increase the productivity of land containing shellfish may be permitted at the discretion of the Conservation Commission. Aquaculture projects approved by the appropriate local and state authorities may also be permitted at the discretion of the Conservation Commission.” MA WPA Regulatory Definitions (310 CMR 10.34 (2)) “Protection of Land Containing Shellfish means protection of the capacity of an Area Subject to Protection under M.G.L. c. 131, § 40: (a) to prevent or reduce contamination or damage to shellfish; and (b) to serve as their habitat and nutrient source. See also the definitions of Shellfish and Land Containing Shellfish in 310 CMR 10.34(2).” “Shellfish Suitability Area means an area located within land containing shellfish and identified on maps prepared in May 2011 by the Massachusetts Division of Marine Fisheries with input from local Shellfish Constables and commercial fishermen as suitable for shellfish. The areas covered include sites where shellfish have been observed since the mid 1970s but may not currently support shellfish and thus represent both existing and potential shellfish habitat areas.” “Land Containing Shellfish means land under the ocean, tidal flats, rocky intertidal shores, salt marshes and land under salt ponds when any such land contains shellfish.” “Shellfish means the following species: Bay scallop (Argopecten irradians); Blue mussel (Mytilus edulis); Ocean quahog (Arctica islandica); Oyster (Crassostrea virginica); Quahog (Mercenaria merceneria); Razor clam (Ensis directus); Sea clam (Spisula solidissima); Sea NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 9 scallop (Placopecten magellanicus); Soft shell clam (Mya arenaria).” MA WPA Regulatory Performance Standards: “WHEN A RESOURCE AREA, INCLUDING LAND UNDER THE OCEAN, TIDAL FLATS, ROCKY INTERTIDAL SHORES, SALT MARSHES, OR LAND UNDER SALT PONDS IS DETERMINED TO BE SIGNIFICANT TO THE PROTECTION OF LAND CONTAINING SHELLFISH AND THEREFORE TO THE PROTECTION OF MARINE FISHERIES, 310 CMR 10.34(4) THROUGH (8) SHALL APPLY: (4) Except as provided in 310 CMR 10.34(5), any project on land containing shellfish shall not adversely affect such land or marine fisheries by a change in the productivity of such land caused by: (a) alterations of water circulation; (b) alterations in relief elevation; (c) the compacting of sediment by vehicular traffic; (d) alterations in the distribution of sediment grain size; (e) alterations in natural drainage from adjacent land; or (f) changes in water quality, including, but not limited to, other than natural fluctuations in the levels of salinity, dissolved oxygen, nutrients, temperature or turbidity, or the addition of pollutants. (5) Notwithstanding the provisions of 310 CMR 10.34(4), projects which temporarily have an adverse effect on shellfish productivity but which do not permanently destroy the habitat may be permitted if the land containing shellfish can and will be returned substantially to its former productivity in less than one year from the commencement of work, unless an extension of the Order of Conditions is granted, in which case such restoration shall be completed within one year of such extension. (6) In the case of land containing shellfish defined as significant in 310 CMR 10.34(3)(b) (i.e., those areas identified on the basis of maps and designations of the Shellfish Constable), except in Areas of Critical Environmental Concern, the issuing authority may, after consultation with the Shellfish Constable, permit the shellfish to be moved from such area under the guidelines of, and to a suitable location approved by, the Division of Marine Fisheries, in order to permit a proposed project on such land. Any such project shall not be commenced until after the moving and replanting of the shellfish have been commenced. (7) Notwithstanding 310 CMR 10.34(4) through (6), projects approved by the Division of Marine Fisheries that are specifically intended to increase the productivity of land containing shellfish may be permitted. Aquaculture projects approved by the appropriate local and state authority may also be permitted.” NOT APPLICABLE “(8) Notwithstanding the provisions of 310 CMR 10.34(4) through (7), no project may be permitted which will have any adverse effect on specified habitat of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37.” Follins Pond supports the largest white perch fishery in Yarmouth and productive commercial shell fishing. There is a potential for shellfish resources to be found within the adjacent Salt Marsh. According to MassMapper’s Shellfish Suitability Area datalayer, Follins Pond is mapped as suitable for quohog and soft-shell clam. No work is proposed within the Salt Marsh associated with Follins Pond nor within Follins Pond. The project will enhance the Coastal Bank and the Salt Marsh which in turn will further protect shellfish habitats within this coastal environment. The project meets all regulatory performance standards for Land Containing Shellfish. The proposed project activities will not cumulatively impact the resource area’s functions or values. NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 10 5.5 Land Subject to Coastal Storm Flowage According to the YWPR at Part 2, Section. 2.10 and the MA WPA Regulations at 310 CMR 10.04, Land Subject to Coastal Storm Flowage (LSCSF) is defined as follows and the project must meet the specified performance standard(s): YWPR Regulatory Definition (2.10 (2)) “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.” The YWPR also state in their regulatory definitions that: “Land Subject to Coastal Storm Flowage means 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.” YWPR Performance Standards 2.10 (3) “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. (b) All groundwater elevations shall incorporate seasonable adjustments if test holes and or leaching components are 100 feet or closer from major estuaries. (c) Any proposed deck, shed, or other similar structure must be securely anchored to a footing or foundation.” “Land Within 300 Feet of a Major Estuary means that portion of land that extends 300 feet landward or up-gradient from the actual river, creek, salt pond, or embayment and is within the 100 year frequency storm elevation as referenced on the latest available Flood Insurance Rate Maps provided by the Federal Emergency Management Agency.” MA WPA Regulatory Definition (310 CMR 10.04) “Land Subject to Coastal Storm Flowage means 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.” There are no performance standards for LSCSF under the MA WPA Regulations. LSCSF is located on a part of the property and within the limits of work. The LSCSF is a Flood Zone AE and extends up to Elevation 9 feet, 1988 North American Vertical Datum (NAVD 1988). A portion of the LSCSF on the property is developed with stairs leading down to a pier and float system. The existing LSCSF on site is eroded and unstable in certain locations. Follins Pond is defined as one of the Major Estuaries in Yarmouth. The project involves bank stabilization and restoration in order to protect the property from future flood damage. No new development is proposed. The project area is not a Critical Erosion Area as shown on maps prepared by the Massachusetts CZM Shoreline Change Analysis project. NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 11 All the proposed work lies within Land Subject to Coastal Storm Flowage. The project meets all other regulatory performance standards found within the YWPR and the performance standards for LSCSF. The proposed project activities will not cumulatively impact the resource area’s functions or values. 5.6 Coastal Watershed Areas According to the YWPR Part 2., Section 2.11, Coastal Watershed Areas are defined as follows and the project must meet the specified listed performance standards: (2) Definition: “Coastal Watershed Areas” are those areas mapped and delineated specifically within the “Water Resources Protection Study” prepared for the Town of Yarmouth by I.E.P. Inc. and Wright Pierce, dated August, 1988. For the purposes of this section 2.11, (2), Conservation Commission jurisdiction will be restricted to within 300 feet from a major estuary defined in section 1.04, and such jurisdiction must occur within the mapped area referenced above.” (3) Performance Standards: “In order to properly protect our Coastal Watershed Areas, no project will be allowed that incorporates any of the practices referenced in section 2.11, (1), (b), 1 thru 6.” Practices referenced in section 2.11 (1), (b), 1 thru 6 include the following: (1) Outdated underground storage tanks (2) Landfills (3) Stump dumps (4) Road salt storage (5) Septic package treatment plants (6) Automotive and construction equipment repairs. The project is located within the Coastal Watershed Area associated with Follins Pond. The work proposed is not one of the six (6) land use practices that could present serious threats to the quality of the Coastal Watershed Area. 5.7 Estimated Habitat and Protected Species The Massachusetts Natural Heritage Atlas of Estimated Habitats of Rare Wetland Wildlife, Certified Vernal Pools and High Priority Sites of Rare Species dated, August 1 2021, indicates that there are no protected species or rare communities at the project location. There are no Vernal Pools located within 100’ of the project site. 5.8 Area of Critical Environmental Concern (ACEC) As per the Department of Environmental Managements ACEC program, the property is not located within an Area of Critical Environmental Concern. 6.0 SUMMARY 6.1 Performance Standard Metrics The existing wetland resource and anticipated project impacts associated with this project have been fully documented within this Notice of Intent application. Based on the information provided in this NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 12 application it is asserted that the following entire project would result in a benefit to the associated resource areas and will not induce cumulative impairment of the subject resource areas values and functional characteristics. The project meets the performance standards of 310 CMR 10.00 and the Yarmouth Wetlands Bylaw and Wetlands Protection Regulations. 6.2 Request for Order of Conditions The Applicant has demonstrated and documented evidence that this project meets or exceeds all the relevant performance standards set forth in the governing regulations and respectfully request this project be approved and that an Order of Conditions be issued to the Applicant through its representative. 6.3 Contact Information In an effort to reduce the amount of paper required for filings, the entire application can be emailed upon request to regulatory staff and commission members. Please contact Cape & Islands Engineering, Inc. by phone or email to obtain any paper or digital copies of project information. Please contact Lori Macdonald at 508.477.7272 or lmacdonald@capeeng.com for copies of project information. The Applicant’s representative: Raul Lizardi-Rivera, P.E. CAPE & ISLANDS ENGINEERING, INC. 800 Falmouth Road, Suite 301C 508.477.7272 mdibb@capeeng.com NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 13 7. FIGURES Figure 1 – USGS TOPO Map From MassMapper. Site is located within the USGS Dennis, MA Quadrangle. SITE NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 14 Figure 2 – ACEC and NHESP Map SITE NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 15 Figure 3 – FEMA Firmette SITE NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 16 8. APPENDIXES Appendix A – Abutter Affidavit of Service AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act (To be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent) I, Lori A Macdonald, Cape & Islands Engineering, Inc. hereby certify under the pains and penalties (Name of person making the Affidavit) of perjury, that on, 12/29/2023 gave notification to abutters in compliance with the second (Date) Paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification, Dated April 8, 1994, in connection with the following matter: A Notice of Intent filed under the Massachusetts Wetland Protection Act by Adrienne Hollander with the Yarmouth (Name of Applicant) (Name of Municipality) Conservation Commission on 12/29/2023 for the property located at (Date) 6 Buttercup Lane (Address of land where work is proposed) The form of the notification and a list of the abutters to whom it was given and their addresses are attached to this Affidavit of Service. Lori A. Macdonald, Cape & Islands Engineering, Inc. December 29, 2023 (Name) (Date) NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 17 Appendix B – Abutter Notification NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 18 Appendix C – Certified Abutters List NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 19 Appendix D – Site Photographs NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 20 Appendix E – Directions to Site Adrienne Hollander 6 Buttercup Lane, South Yarmouth, MA NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 21 Appendix F – Wilkinson Ecological Design – Work Protocol NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 22 NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 23 Appendix G – Project Plans (See attached) NOTICE OF INTENT APPLICATION 6 BUTTERCUP LANE, SOUTH YARMOUTH Page 24 12/29/23, 2:27 PM Cape & Islands Engineering, Inc. Mail - Receipt from nCourt https://mail.google.com/mail/u/0/?ik=a5893e6ebf&view=pt&search=all&permthid=thread-f:1786645439584890138%7Cmsg-f:1786645439584890138…1/1 Lori Macdonald <lmacdonald@capeeng.com> Receipt from nCourt 1 message customerservice@ncourt.com <customerservice@ncourt.com>Fri, Dec 29, 2023 at 2:24 PM To: lmacdonald@capeeng.com YOUR RECEIPT >> Paid To Name: Massachusetts Department of Environmental Protection Address 1: One Winter St City: Boston State: Massachusetts Zip: 02108 Payment On Behalf Of First Name: JEFFREY Last Name: JOHNSON Address 1: 205 WORCESTER COURT, SUITE A4 City: FALMOUTH State/Territory: MA Zip: 02540 Phone: (508) 477-7272 Description ID Service Fee Amount DEP Tracking ID: 1614871 - WPA Form 3 - NOI (Fee Transmittal)eDEP Online Filling System $0.35 $237.50 Receipt Date: 12/29/2023 2:24:26 PM EST Invoice Number: f169c749-7dd7-4d77-9aa0-ef6d8babb04d Total Amount Paid:$237.85 Billing Information First Name CAPE & ISLANDS ENGINEERING INC. Last Name CAPE & ISLANDS ENGINEERING INC. Address 1 800 FALMOUTH ROAD, SUITE 301C City Mashpee State/Territory MA Zip 02649 Email lmacdonald@capeeng.com Credit / Debit Card Information Card Type Checking Card Number ********6484 IMPORTANT INFORMATION >> Please verify the information shown above. Your payment has been submitted to the location listed above. 21 day waiver CONSERVATION OFFICE Town of Yarmouth Conservation Commission 21-DAY WAIVER Please complete this form, sign at the bottom and return to the Conservation Office. I, , hereby waive the 21-day time period for a public hearing/meeting and/or issuance of the: OOC / DOA / COC / ORAD following receipt of my filing of a: Notice of Intent Request for Determination of Applicability Request for Certificate of Compliance Other by the Yarmouth Conservation Commission under Massachusetts General Laws, Ch. 131, sec. 40, and/or under Yarmouth Wetland Bylaw. The application was submitted on (date received by Conservation Office) for work at (project address/location) I am the: Applicant Applicant's Representative Property Owner Signature Date NOTE: Please be advised that you will be notified of the meeting date once this application has been assigned to a Conservation Meeting Agenda at the email address listed on the application. 28 Lots Hollow Road | Orleans, MA 02653 WILKINSON ECOLOGICAL DESIGN Tel:(508)255-1113 | Fax:(508)255-9477 1 Work Protocols for Reinforced High Marsh Installation 6 Buttercup Lane, Yarmouth December 13, 2023 Existing Conditions and Project Overview At present, the face of the Coastal Bank is well vegetated by a native plant community that includes a ground cover of native grasses such as crinkle hairgrass, Pennsylvania sedge, and red fescue and canopy of native trees including pitch pine, eastern red cedar, black cherry, black oak, and scrub oak. Non-native plant species, including English ivy and seedlings of black locust are present in small quantities. If left unmanaged, these non- native plants have the ability to out-complete the well established native vegetation on the bank. The toe of the Coastal Bank has eroded and formed a 2’-4’ tall scarp along the entire length of the property. A number of small trees within this eroded scarp are in poor health or have died because of the root systems being exposed to either tidal waters or air, but remain standing. A narrow beach has formed along the toe of the bank. A healthy fringing Salt Marsh is located seaward of the beach area that consists entirely of Spartina alterniflora. The proposal for the project includes a coastal adaptation strategy that consists of an 80 linear foot reinforced high marsh along the eroding toe of the Coastal Bank. The reinforced high marsh is a below-grade matrix of cobble, compatible sediment, coir fibers, and compost encased in a woven biodegradable material intended to serve as a reinforced rooting medium for transitional high marsh species such as salt marsh hay, spike grass, seaside goldenrod, switchgrass, and American beach grass. The reinforced high marsh will lessen the severity of erosion at the toe of bank, which will preserve the existing plant community on the face of the bank, and will provide additional native plant species where none exists. The proposed coastal adaptation strategy takes into account the anticipated sea level rise. Refer to the Restoration plan by Wilkinson Ecological Design dated 12/12/2023 for more details. Access and Installation of Reinforced High Marsh Two access routes are proposed. One access route will be across the existing lawn to reach the top of the Coastal Bank. Machines will be utilized to winch materials down to the work area along the toe of the bank, but will not traverse the bank. The second access route will be via barge or landing craft to allow access of small low ground pressure equipment to reach the project area along the bottom of the bank. A reinforced high marsh is a below-grade matrix of cobble, compatible sediment, coir fibers, and compost encased in biodegradable material. The installation is a reinforced planting medium for transitional marsh species such as salt marsh hay, spike grass, seaside goldenrod, switchgrass, and American beach grass. This reinforced high marsh will be approximately 24” thick, composed of 50% 6”-8” rounded cobble, 25% coir fiber and compost, and 25% compatible sediment. The mixture of cobbles, coir fiber, compost, and compatible sediment will be encased in two layers of 700-gram coir fabric and one layer of 20 oz jute-burlap. Rounded cobbles will be placed in a staggered natural arrangement along the seaward edge of the reinforced high marsh to protect the installation and plantings from ice scour. Following construction, the specified native forbs and grasses shall be planted through the coir fabric into the reinforced high marsh. An 18” fence will be installed along the seaward edge of the reinforced marsh during the growing season to protect the plantings from smothering due to wrack accumulation. 2 Invasive Management Invasive plant management is proposed on the face of the Coastal Bank as shown on the accompanying Restoration Plan. State-listed invasive and non-native species, including English ivy and black locust, are proposed for selective herbicide application using cut and wipe treatment of individual stems for black locust. English ivy will be treated with targeted low-volume spot application because its stems are too small for effective cut and wipe treatments. Poison ivy directly adjacent to the stairs will be managed where it can come into contact with people. All herbicide applications will be performed by Massachusetts licensed applicators. Ongoing Maintenance Maintenance and monitoring of the bioengineering materials and establishing native plant species is critical to ensure a longer lifespan of the erosion management strategy. The project includes annual maintenance, as well as regular monitoring throughout the storm season to ensure maintenance, repairs, or replacement of the planted native species is undertaken when needed. The project will be monitored after significant winter storms to assess the need for minor maintenance activities. The project also includes maintenance to block the reintroduction of the targeted non-native plant species into the project area. Follow-up management of the targeted invasive and non-native plant species will occur to control their reintroduction in the project area. Follow-up management will include either hand weeding, selectively treating using a low-volume foliar spot application, or a cut and wipe application of an approved herbicide at the approved rates. The follow-up management will occur three to five times per season for the life of the Order of Conditions. CBDISK FOUND UP ICB LAMP POST REBAR REBAR #6 DWELLING FIN. FL. EL. = 18.8 FL O O D E B B FOLLINS POND LAND UNDER SALT POND LAND CONTAINING SHELLFISH C O A S T A LB A N KS A L T M A R S H GARAGE SLAB EL.= 18.2 FEMA ZONEAE(EL.9')ZONE XOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHW OHW OHW BUTTERCUP LANE(40' WIDE - PRIVATE)L A W N FZFZFZFZFZFZFZFZCBCBCBCBCBCBCBCB100' BUFFER100' BUFFER100' BUFFER100' BUFFER100' BUFFER100' BUFFER100' BUFFERGRAVEL DRIVEWAY MHWMHWMHWMHWMHWMHWMHWMHWMHWMHWMHWMHWMHWL A W N ROOF OVERHANG ROOF OVERHANG AC BAY WINDOW RINSE STATION BRICK PATIO CONC APRONP L A N T S BRICK WALKBELOW GROUND PROPANE TANK 24681012141616141210864218181 8 1818 FLOAT RAMP PIER LANDING P L A N T S NATURAL VEGETATION P L A N T SP L A N T S SEE DEP L I C . 8 9 8 8 P L A N T SP L A N T SELEC. METER LOT 2 9,323 ± S.F. 30.0' 35.9' 28'±EDGE OF PAVEMENTEDGE OF PAVEMENT100' BUFFE R T O T O P O F C O A S T A L B A N K S 25° 06' 32" W 111'±S 64° 53' 28" E80.00'N 25° 06' 32" E 123'± APPROXIMATE LOCATION OF SEPTIC SYSTEM FROM TOWN RECORDS LOT 1 N/F THE 2 BUTTERCUP REALTY TRUST LOT 3 N/F KYAW WIN & LEE CHIAGRAVEL PARKINGEXTERIOR WALL EXTERIOR WALL ROW OF STONES ROW OF STONES NATURAL VEGETATION S A L T M A R S H EROSION ALONG TOE OF COASTAL BANK (CROSS HATCH AREA) EDGE OF SALT MARSH SM-1 SM-2 SM-3 SM-4 SM-5 COASTAL BEACHCOASTAL BEACHMEAN HIGH WATER EL. 1.5', NAVD88 MANAGE ENGLISH IVY AND OTHER SPARSE INVASIVE AND NON-NATIVE PLANT SPECIES TO CONSERVE THE EXISTING NATIVE PLANT SPECIES THAT CURRENTLY VEGETATES THE FACE OF THE COASTAL BANK (2,000 SF). REFER TO WILKINSON ECOLOGICAL DESIGN DETAILS UNDER SEPARATE DRAWINGS PROPOSED REINFORCED SALT MARSH (80 LINEAR FEET). APPROXIMATELY 410 SF. REFER TO WILKINSON ECOLOGICAL DESIGN DETAILS UNDER SEPARATE DRAWINGS 80'33.3' 21'6.8'6.9'51' 53' 59' 59' NATURAL VEGETATION PAVERS LIMIT OF WORK ALONG PROPERTY LINE LIMIT OF WORK ALONG PROPERTY LINE NOT TO SCALELOCUS MAP NNNAD 8 3 LOCUS PREPARED FOR: PREPARED BY: DRAWING TITLE: PROJECT: ASSESSORS INFORMATION: SUMMERFIELD PARK 800 FALMOUTH ROAD SUITE 301C MASHPEE, MA 02649 508.477.7272 PHONE 508.477.9072 FAX www.CapeEng.com SHEET NO.: OF DATE: DRAWN BY:CHECKED BY: 1 1 SOUTH YARMOUTH, MASSACHUSETTS FRAMINGHAM, MA 01782 17 WELD STREET, APT. 38 ADRIENNE HOLLANDER JJF, RLR MCC OCTOBER 20, 2023 MAP 119 PARCEL 34.1 DESCRIPTIONDATE CHKBY 12/18/23 REVISE BANK STABILIZATION WITH REINFORCED SALT MARSH RLR RLR NOTICE THIS PLAN MAY NOT BE ADDED TO, DELETED FROM, OR ALTERED IN ANY WAY BY ANYONE OTHER THAN CAPE & ISLANDS ENGINEERING, INC. UNLESS AND UNTIL SUCH TIME AS AN ORIGINAL (RED) STAMP APPEARS ON THIS PLAN NO PERSON OR PERSONS, MUNICIPAL OR PUBLIC OFFICIAL MAY RELY UPON THE INFORMATION CONTAINED HEREIN; AND THIS PLAN REMAINS THE PROPERTY OF CAPE AND ISLANDS ENGINEERING, INC. COPYRIGHT (C) BY CAPE & ISLANDS ENGINEERING, INC. ALL RIGHTS RESERVED 6 BUTTERCUP LANE SITE PLAN GENERAL NOTES LOCATIONS ARE BASED ON AN "ON THE GROUND" INSTRUMENT SURVEY AND ELEVATIONS BASED ON THE NAVD 1988 DATUM. COORDINATE SYSTEM USED IS THE MA-MAINLAND COORDINATE SYSTEM, DATUM: NAD 83, UNITS: U.S. SURVEY FEET. DIMENSIONS OF EXISTING BUILDINGS AND BUILDING OFFSETS SHOWN HEREON ARE TO CORNER BOARDS OR SIDING EXTENTS AND ARE DISPLAYED IN ENGINEERING UNITS WITH A PRECISION OF ONE TENTH (0.1') OF A FOOT. THE FINISHED FLOOR ELEVATION (FIN. FL. EL.) SHOWN HEREON IS BASED ON AN ASSUMED 1" LOWER THAN THE SURVEYED THRESHOLD ELEVATION. AN INTERIOR INSPECTION OF BUILDINGS WAS NOT PERFORMED. ZONING DISTRICT: R-40 PROPERTY IS LOCATED WITHIN AN AREA HAVING A ZONE DESIGNATION OF AE (ELEV 9) AND MINIMAL FLOOD HAZARD ZONE X BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), ON FLOOD INSURANCE RATE MAP NO. 25001C0583J, WITH A MAP EFFECTIVE DATE OF JULY 16, 2014. THIS LOT IS NOT LOCATED WITHIN A DEP APPROVED ZONE II WELLHEAD PROTECTION AREA. THIS LOT IS NOT MAPPED WITHIN A MESA NATURAL HERITAGE AND ENDANGERED SPECIES AREA. WIND EXPOSURE CATEGORY: ZONE C DEED REFERENCE: BOOK 12736 PAGE 69 PLAN REFERENCE: BOOK 79 PAGE 101 OWNER: ADRIENNE F. HOLLANDER 17 WELD STREET, APT. 38, FRAMINGHAM, MA 01782 BUTTERCUP_6_HOLLANDER_SP 0 SCALE: 5 10 20 1" = 10' OHW LIGHT POLE TREE LINE OVERHEAD WIRES STONE WALL LEGEND IRON PIPE FOUND CONCRETE BOUND IP CB STONE BOUNDSB RC ROD CAP CONSERVATION NOTES PRIOR TO ANY WORK COMMENCING, THE DEP FILE NUMBER SHALL BE POSTED ON A SIGN ON THE STREET SIDE OF THE LOT AND MAINTAINED IN A VISIBLE CONDITION THROUGHOUT THE PROJECT. PRIOR TO ANY WORK COMMENCING, ADVANCE WRITTEN NOTIFICATION WILL BE PROVIDED TO THE LOCAL CONSERVATION COMMISSION. THE LIMIT OF WORK WILL BE INSTALLED PRIOR TO ANY WORK, EXCAVATION, CONSTRUCTION OR CLEARING OF VEGETATION, IN ORDER TO PREVENT DAMAGE TO THE INTERESTS OF THE ACT AND BYLAW. THE LIMIT OF WORK WILL CONSIST OF A ROW OF STAKED SEDIMENT STOP OR COMPOST ROLL WITH SILT FENCE BACKING. THE SEDIMENT STOP ROLL WILL BE REPLACED AS NECESSARY TO BE MAINTAINED IN GOOD CONDITION THROUGHOUT THE ENTIRE CONSTRUCTION PERIOD. NO FILL WILL BE ALLOWED TO BE PLACED AGAINST THE LIMIT OF WORK AT ANY TIME. UPON COMPLETION OF ALL CONSTRUCTION AND STABILIZATION OF THE SITE, SEDIMENT STOP ROLL WILL BE REMOVED AND PROPERLY DISPOSED OF. THE CONSTRUCTION SITE WILL BE CLEANED DAILY TO REMOVE ANY LOOSE DEBRIS AND ALL DISTURBED AREAS WITHIN THE LIMIT OF WORK REQUIRING RESTORATION WILL STABILIZED TO PREVENT EROSION. STABILIZATION WILL BE DONE IMMEDIATELY FOLLOWING COMPLETION OF CONSTRUCTION. PROJECT STATISTICS 1.TOTAL AREA OF PROPOSED LAND MANAGEMENT & BANK STABILIZATION: 2,510± S.F. 2.TOTAL AREA OF PROPOSED BANK STABILIZATION IN COASTAL BEACH: 410± S.F. 3.TOTAL AREA OF PROPOSED LAND MANAGEMENT IN COASTAL BANK: 2,000± S.F. 4.TOTAL AREA OF PROPOSED LAND MANAGEMENT IN BUFFER ZONE: 100± S.F. 5.TOTAL AREA OF PROPOSED LAND MANAGEMENT & BANK STABILIZATION IN LSCSF: 1,250± S.F. LIMITS OF WORK SHORELINE STABILIZATION December 29, 2023 Yarmouth Conserva�on Commission 1146 Route 28 South Yarmouth, MA 02664-4492 RE: No�ce of Intent for Shoreline Stabiliza�on and Restora�on at 6 Butercup Lane, So. Yarmouth, MA Dear Conserva�on Chair: Cape & Islands Engineering, Inc. is submi�ng this No�ce of Intent (NOI) Applica�on, on behalf of the Applicant, Adrienne Hollander, for the proposed Shoreline Stabiliza�on and Restora�on at 6 Butercup Lane (Map 119, Parcel 34.1, Lot 2), South Yarmouth, MA. This applica�on has been filed in accordance with the Massachusets Wetlands Protec�on Act, (MA WPA, M.G.L. Chapter 131, Sec�on 40) and its implemen�ng regula�ons (310 CMR 10.00) and the Town of Yarmouth Wetland By-Law Chapter 143, Sec�on 2 and associated Regula�ons. The proposed work involves shoreline stabiliza�on to eliminate the ongoing erosion issue and restora�on by removing invasives including non-na�ve English Ivy. No new development is proposed as a part of the project. Work will take place on the Coastal Beach, Coastal Bank, Land Subject to Coastal Storm Flowage and Yarmouth Coastal Watershed Areas. The project will result in a net environmental benefit a�er the work is complete. Atached please find one original copy of the NOI applica�on package and plan and five (5) copies of the NOI package and plans with a check for $200.00 to cover the Town Bylaw Fee, a check for $262.50 to cover the Town’s share of the MA WPA filing fee and a check for $10.00 for the Legal Adver�sement. We are also emailing you a complete copy of the NOI Applica�on Package. The NOI Applica�on Package has been e-FILED with the MA Department of Environmental Protec�on Southeastern Regional Office using the eDEP Online Filing System. We are reques�ng that this mater be placed on the January 18, 2024 hearing agenda so we may present the project to the Conserva�on Commission. If you have any ques�ons or comments, please contact me directly at 508-477-7272 or via e-mail at lmacdonald@capeeng.com. Sincerely, Cape and Islands Engineering Inc. Lori A Macdonald, MS, PWS, CWB, CESSWI Senior Wetland Scien�st Cc: DEP SERO w/Atachments via eFile Andrienne Hollander bdirienzo@yarmouth.ma.us kbrooks@yarmouth.ma.us