HomeMy WebLinkAboutNOI and narrative
NOTICE OF INTENT
Follins Pond
Yarmouth, MA
Cape Cod Boat Ramp Stormwater Retrofit Project
March 2024
PREPARED FOR:
Amanda Lima
Town of Yarmouth
1146 Route 28
South Yarmouth, MA 02664
PREPARED BY:
PROJECT FUNDERS:
This project is being done in collaboration with the Massachusetts Department of Fish and Game
Office of Fishing and Boating Access, United States Department of Agriculture Natural
Resources Conservation Service, Cape Cod Conservation District, and the following towns:
Barnstable, Bourne, Brewster, Dennis, Falmouth, Harwich, Mashpee, Orleans, Sandwich, and
Yarmouth.
Funding for this work has been provided to Association for the Preservation of Cape Cod
(APCC) from a Southeast New England Program (SNEP) Watershed Grant, Massachusetts
Office of Coastal Zone Management Coastal Habitat and Water Quality Grants, and private
foundation funding. SNEP Watershed Grants are funded by the U.S. Environmental Protection
Agency (EPA) through a collaboration with Restore America’s Estuaries (RAE). For more on
SNEP Watershed Grants, see www.snepgrants.org.
Contents
Cover Letter
Notice of Intent Forms
WPA Form 3
NOI Wetland Fee Transmittal Form
Local Forms
NOI Checklist
Site Access Authorization Form
21-Day Waiver Form
Abutters Notification
Certified List of Abutters
Notification to Abutters
Affidavit of Service
Project Narrative
Attachments
Attachment A – Locus Maps
Figure 1 – USGS Topographic Map
Figure 2 – Aerial Map
Figure 3 – FEMA Flood Insurance Rate Map
Figure 4 – Constraints Map
Figure 5 – Impaired Waters Map
Attachment B – Wetlands Report
Attachment C – Project Plans (Full-size bound separately)
Attachment D – Stormwater Report (submitted electronically)
horsleywitten.com
March 7, 2024
Yarmouth Conservation Commission
c/o Brittany DiRienzo, Conservation Administrator
1146 Route 28
South Yarmouth, MA 02664
Re: Notice of Intent Application – Cape Cod Boat Ramp Stormwater Retrofit Project
Follins Pond Boat Ramp, Yarmouth, Massachusetts
Dear Members of the Conservation Commission:
On behalf of the Applicant, the Town of Yarmouth, the Horsley Witten Group, Inc. (HW) is submitting
the enclosed Notice of Intent (NOI) and supporting materials for stormwater retrofits at Follins Pond
Boat Ramp in Yarmouth, Massachusetts to improve water quality within the Follins Pond watershed.
This project is proposed as part of a regional effort (the “Cape Cod Boat Ramp Stormwater Retrofit
Project”) to improve water quality at public boat ramps across Cape Cod. The proposed project has been
designed to retrofit existing impervious areas for water quality improvements while also managing
runoff from larger storms and improving overall site conditions. The proposed activities are intended to
improve the capture and treatment of stormwater runoff, improve water quality, increase habitat value
for fish, shellfish, and wildlife, and improve recreation opportunities. As a redevelopment project, the
design is required to meet the MASMS standards to the maximum extent practicable (MEP).
A portion of the Follins Pond Boat Ramp project will occur within the Coastal Bank and the outer 0 and
50 foot buffer zone to the locally defined Coastal Bank, within existing paved surfaces. These
jurisdictional areas are regulated under the Massachusetts Wetlands Protection Act (M.G.L. Ch. 131 §
40) and/or the Town of Yarmouth Wetlands Protection Bylaw. However, the majority of the proposed
work will occur outside of jurisdictional areas, while also providing considerable water quality and
habitat benefits to Follins Pond.
Details of the proposed project are shown on the enclosed site plans, entitled “Follins Pond, Cape Cod
Boat Ramp Stormwater Retrofit Project – Permitting Plans, Yarmouth, MA,” dated January 2024, and are
described in the attached project narrative.
Enclosed please find one copy of the NOI application and supporting documentation, seven copies of the
project narrative and seven copies of full-sized engineering plans. Copies of all materials have been
uploaded to the Massachusetts Department of Environmental Protection (MassDEP) eDEP portal, and an
electronic copy has also been sent to the Commission. As this is a municipal project, the project is
exempt from state and local wetlands filing fees. The Applicant has also sent notification of the pending
public hearing to abutters in accordance with state and local filing regulations.
Yarmouth Conservation Commission
March 7, 2024
Page 2 of 2
"H:\Projects\2022\22032 CC Boat Ramp SW Retrofits\Permitting\Yarmouth (Follins Pond Rd)\NOI\2_CoverLetter_Yarmouth_20057_DRAFT.doc
The project is a coordinated effort among many groups, and as such, the permit applications and
anticipated hearing dates for the various town projects have been staggered throughout the winter-
spring of 2024 to accommodate schedules. Thus, we respectfully request to be placed on the
Commission’s March 21, 2024 public hearing agenda.
Thank you in advance for your review of this NOI application. If you have any questions and/or require
additional information pertaining to this submittal, please contact me at (508) 833-6600 or at
gkite@horsleywitten.com. We look forward to meeting with you for a public hearing on March 21, 2024.
Sincerely,
Horsley Witten Group, Inc.
Gemma Kite, P.E.
Project Manager
Enclosures
cc: MassDEP, Southeast Regional Office
Jeffrey Colby, P.E., DPW Director, Town of Yarmouth
Amanda Lima, P.E., Yarmouth Town Engineer
Nathan L. Whetten, P.E., C.G., Town of Yarmouth DPW
Jordan Mora, Association for the Preservation of Cape Cod (APCC)
April Wobst, APCC
Eliza Fitzgerald, APCC
Massachusetts Department of Environmental Protection
eDEP Transaction Copy
Here is the file you requested for your records.
To retain a copy of this file you must save and/or print.
Username:
Transaction ID:
Document:
Size of File:
Status of Transaction:
Date and Time Created:
Note: This file only includes forms that were part of your
transaction as of the date and time indicated above. If you need
a more current copy of your transaction, return to eDEP and
select to “Download a Copy” from the Current Submittals page.
1667232
3/6/2024:1:42:02 PM
275.36K
90ROUTE6AEDEP
WPA Form 3 - NOI
In Process
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:
A.General Information
1. Project Location:
a. Street Address FOLLINS POND ROAD
b. City/Town YARMOUTH c. Zip Code 02675
d. Latitude 41.71108N e. Longitude 70.18704W
f. Map/Plat #136 g.Parcel/Lot #49
2. Applicant:
Individual Organization
a. First Name JEFFREY b.Last Name COLBY
c. Organization TOWN OF YARMOUTH
d. Mailing Address 74 TOWN BROOK ROAD
e. City/Town WEST YARMOUTH f. State MA g. Zip Code 02673
h. Phone Number 5083982231 i. Fax j. Email jcolby@yarmouth.ma.us
3.Property Owner:
more than one owner
a. First Name JEFFREY b. Last Name COLBY
c. Organization TOWN OF YARMOUTH
d. Mailing Address 74 TOWN BROOK ROAD
e. City/Town WEST YARMOUTH f.State MA g. Zip Code 02673
h. Phone Number 5083982231 i. Fax j.Email jcolby@yarmouth.ma.us
4.Representative:
a. First Name GEMMA b. Last Name KITE
c. Organization HORSLEY WITTEN GROUP, INC.
d. Mailing Address 90 ROUTE 6A, UNIT 1
e. City/Town SANDWICH f. State MA g. Zip Code 02563
h.Phone Number 5088336600 i.Fax j.Email gkite@horsleywitten.com
5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
6.General Project Description:
THE PROPOSED STORMWATER RETROFIT PROJECT WILL INVOLVE THE INSTALLATION OF GREEN
STORMWATER INFRASTRUCTURE (GSI) AND REPLACEMENT OF IMPERVIOUS SURFACES WITH POROUS
PAVEMENT TO BETTER MANAGE AND TREAT STORMWATER RUNOFF FROM THE PARKING LOT AND BOAT
RAMP ENTERING ASHUMET POND. PUBLIC EDUCATIONAL OPPORTUNITIES ARE PROVIDED WITH
INTERPRETIVE SIGNAGE.
7a.Project Type:
1. Single Family Home 2. Residential Subdivision
3.Limited Project Driveway Crossing 4.Commercial/Industrial
5.Dock/Pier 6.Utilities
7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)
9.Transportation 10.Other
7b.Is any portion of the proposed activity eligible to be treated as a 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:
2. Limited Project
8.Property recorded at the Registry of Deeds for:
a.County:b.Certificate:c.Book:d.Page:
BARNSTABLE 8932 254
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1.Buffer Zone & Resource Area Impacts (temporary & permanent):
This is a Buffer Zone only project 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)
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
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
1. Name of Waterway (if any)
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
square feet
4. Proposed Alteration of the Riverfront Area:
a. total square feet b. square feet within 100 ft.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)
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 Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below
d.Coastal Beaches
1. square feet 2. cubic yards beach nourishment
e.Coastal Dunes
1. square feet 2. cubic yards dune nourishment
f.Coastal Banks 15
1. linear feet
g.Rocky Intertidal Shores
1. square feet
h.Salt Marshes
1. square feet 2. sq ft restoration, rehab, crea.
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
55
1. square feet
4.Restoration/Enhancement
Restoration/Replacement
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 entered the additional amount here.
a. square feet of BVW b. square feet of Salt Marsh
5.Projects Involves Stream Crossings
Project Involves Streams Crossings
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
a. number of new stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
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 StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program
(NHESP)?
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
b. Date of map:FROM MAP VIEWER
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....
c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)
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 rightofway plan of site
3. Project plans for entire project site, including wetland resource areas and areas outside of wetland 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
c. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatory
review/massendangeredspeciesactmesa/mesafeeschedule.html )
Make check payable to "Natural Heritage & Endangered Species Fund" 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
d. OR Check One of the following
1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321
CMR 10.14, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangered
speciesact.html#10.14; 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 Number
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.
*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...
2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a. Not applicable project is in inland resource area only
b.Yes No
If yes, include proof of mailing or hand delivery of NOI to either:
South Shore Cohasset to Rhode Island, and the Cape & Islands:
Division of Marine Fisheries
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 S. Rodney French Blvd
New Bedford, MA 02744
North Shore Hull to New Hampshire:
Division of Marine Fisheries
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
If yes, it 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.
3.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 DEP Website for ACEC locations). Note:
electronic filers click on Website.
b. ACEC Name
4.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
5.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
6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?
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, Explain why the project is exempt:
1.Single Family Home
2.Emergency Road Repair
3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamily
housing project) with no discharge to Critical Areas.
D. Additional Information
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 by regular mail delivery.
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.
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.
a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:
FOLLINS POND,
CAPE COD BOAT
RAMP STORMWATER
RETROFIT PROJECT
PERMITTING PLANS,
YARMOUTH, MA
HORSLEY WITTEN
GROUP, INC.
RICHARD A. CLAYTOR JR.,
P.E.JANUARY 2024
STORMWATER
MANAGEMENT
REPORT, FOLLINS
POND BOAT RAMP
YARMOUTH, MA /
STORMWATER
CHECKLIST
HORSLEY WITTEN
GROUP, INC.
RICHARD A. CLAYTOR JR.,
P.E.JANUARY 2024
FOLLINS POND
BOAT RAMP,
YARMOUTH,
MASSACHUSETTS,
CAPE COD BOAT
RAMP STORMWATER
RETROFIT PROJECT,
YARMOUTH, MA,
EXISTING
CONDITIONS PLAN
HORSLEY WITTEN
GROUP, INC.DANIEL W. MACKENZIE APRIL 2023
WETLAND
RESOURCES
MEMORANDUM,
FOLLINS POND
BOAT RAMP
STORMWATER
RETROFIT SITE,
YARMOUTH, MA
HORSLEY WITTEN
GROUP, INC.APRIL 2023
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. Payer name on check: First Name 7. Payer name on check: Last Name
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 Section C, Items 13, 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.
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 #:
eDEP Transaction #:1667232
City/Town:YARMOUTH
Page 1 of 8 * ELECTRONIC COPY
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:
A.General Information1. Project Location:a. Street Address FOLLINS POND ROADb. City/Town YARMOUTH c. Zip Code 02675d. Latitude 41.71108N e. Longitude 70.18704Wf. Map/Plat #136 g.Parcel/Lot #492. Applicant:Individual Organizationa. First Name JEFFREY b.Last Name COLBYc. Organization TOWN OF YARMOUTHd. Mailing Address 74 TOWN BROOK ROADe. City/Town WEST YARMOUTH f. State MA g. Zip Code 02673h. Phone Number 5083982231 i. Fax j. Email jcolby@yarmouth.ma.us3.Property Owner:more than one ownera. First Name JEFFREY b. Last Name COLBYc. Organization TOWN OF YARMOUTHd. Mailing Address 74 TOWN BROOK ROADe. City/Town WEST YARMOUTH f.State MA g. Zip Code 02673h. Phone Number 5083982231 i. Fax j.Email jcolby@yarmouth.ma.us4.Representative:a. First Name GEMMA b. Last Name KITEc. Organization HORSLEY WITTEN GROUP, INC.d. Mailing Address 90 ROUTE 6A, UNIT 1e. City/Town SANDWICH f. State MA g. Zip Code 02563h.Phone Number 5088336600 i.Fax j.Email gkite@horsleywitten.com5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid6.General Project Description:
THE PROPOSED STORMWATER RETROFIT PROJECT WILL INVOLVE THE INSTALLATION OF GREEN
STORMWATER INFRASTRUCTURE (GSI) AND REPLACEMENT OF IMPERVIOUS SURFACES WITH POROUS
PAVEMENT TO BETTER MANAGE AND TREAT STORMWATER RUNOFF FROM THE PARKING LOT AND BOAT
RAMP ENTERING ASHUMET POND. PUBLIC EDUCATIONAL OPPORTUNITIES ARE PROVIDED WITH
INTERPRETIVE SIGNAGE.
7a.Project Type:
1. Single Family Home 2. Residential Subdivision
3.Limited Project Driveway Crossing 4.Commercial/Industrial
5.Dock/Pier 6.Utilities
7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)
9.Transportation 10.Other
7b.Is any portion of the proposed activity eligible to be treated as a 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:
2. Limited Project
8.Property recorded at the Registry of Deeds for:
a.County:b.Certificate:c.Book:d.Page:
BARNSTABLE 8932 254
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1.Buffer Zone & Resource Area Impacts (temporary & permanent):
This is a Buffer Zone only project 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)
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
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
1. Name of Waterway (if any)
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
square feet
4. Proposed Alteration of the Riverfront Area:
a. total square feet b. square feet within 100 ft.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)
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 Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below
d.Coastal Beaches
1. square feet 2. cubic yards beach nourishment
e.Coastal Dunes
1. square feet 2. cubic yards dune nourishment
f.Coastal Banks 15
1. linear feet
g.Rocky Intertidal Shores
1. square feet
h.Salt Marshes
1. square feet 2. sq ft restoration, rehab, crea.
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
55
1. square feet
4.Restoration/Enhancement
Restoration/Replacement
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 entered the additional amount here.
a. square feet of BVW b. square feet of Salt Marsh
5.Projects Involves Stream Crossings
Project Involves Streams Crossings
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
a. number of new stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
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 StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program
(NHESP)?
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
b. Date of map:FROM MAP VIEWER
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....
c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)
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 rightofway plan of site
3. Project plans for entire project site, including wetland resource areas and areas outside of wetland 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
c. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatory
review/massendangeredspeciesactmesa/mesafeeschedule.html )
Make check payable to "Natural Heritage & Endangered Species Fund" 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
d. OR Check One of the following
1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321
CMR 10.14, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangered
speciesact.html#10.14; 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 Number
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.
*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...
2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a. Not applicable project is in inland resource area only
b.Yes No
If yes, include proof of mailing or hand delivery of NOI to either:
South Shore Cohasset to Rhode Island, and the Cape & Islands:
Division of Marine Fisheries
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 S. Rodney French Blvd
New Bedford, MA 02744
North Shore Hull to New Hampshire:
Division of Marine Fisheries
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
If yes, it 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.
3.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 DEP Website for ACEC locations). Note:
electronic filers click on Website.
b. ACEC Name
4.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
5.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
6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?
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, Explain why the project is exempt:
1.Single Family Home
2.Emergency Road Repair
3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamily
housing project) with no discharge to Critical Areas.
D. Additional Information
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 by regular mail delivery.
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.
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.
a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:
FOLLINS POND,
CAPE COD BOAT
RAMP STORMWATER
RETROFIT PROJECT
PERMITTING PLANS,
YARMOUTH, MA
HORSLEY WITTEN
GROUP, INC.
RICHARD A. CLAYTOR JR.,
P.E.JANUARY 2024
STORMWATER
MANAGEMENT
REPORT, FOLLINS
POND BOAT RAMP
YARMOUTH, MA /
STORMWATER
CHECKLIST
HORSLEY WITTEN
GROUP, INC.
RICHARD A. CLAYTOR JR.,
P.E.JANUARY 2024
FOLLINS POND
BOAT RAMP,
YARMOUTH,
MASSACHUSETTS,
CAPE COD BOAT
RAMP STORMWATER
RETROFIT PROJECT,
YARMOUTH, MA,
EXISTING
CONDITIONS PLAN
HORSLEY WITTEN
GROUP, INC.DANIEL W. MACKENZIE APRIL 2023
WETLAND
RESOURCES
MEMORANDUM,
FOLLINS POND
BOAT RAMP
STORMWATER
RETROFIT SITE,
YARMOUTH, MA
HORSLEY WITTEN
GROUP, INC.APRIL 2023
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. Payer name on check: First Name 7. Payer name on check: Last Name
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 Section C, Items 13, 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.
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 #:
eDEP Transaction #:1667232
City/Town:YARMOUTH
Page 2 of 8 * ELECTRONIC COPY
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:
A.General Information1. Project Location:a. Street Address FOLLINS POND ROADb. City/Town YARMOUTH c. Zip Code 02675d. Latitude 41.71108N e. Longitude 70.18704Wf. Map/Plat #136 g.Parcel/Lot #492. Applicant:Individual Organizationa. First Name JEFFREY b.Last Name COLBYc. Organization TOWN OF YARMOUTHd. Mailing Address 74 TOWN BROOK ROADe. City/Town WEST YARMOUTH f. State MA g. Zip Code 02673h. Phone Number 5083982231 i. Fax j. Email jcolby@yarmouth.ma.us3.Property Owner:more than one ownera. First Name JEFFREY b. Last Name COLBYc. Organization TOWN OF YARMOUTHd. Mailing Address 74 TOWN BROOK ROADe. City/Town WEST YARMOUTH f.State MA g. Zip Code 02673h. Phone Number 5083982231 i. Fax j.Email jcolby@yarmouth.ma.us4.Representative:a. First Name GEMMA b. Last Name KITEc. Organization HORSLEY WITTEN GROUP, INC.d. Mailing Address 90 ROUTE 6A, UNIT 1e. City/Town SANDWICH f. State MA g. Zip Code 02563h.Phone Number 5088336600 i.Fax j.Email gkite@horsleywitten.com5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid6.General Project Description:THE PROPOSED STORMWATER RETROFIT PROJECT WILL INVOLVE THE INSTALLATION OF GREENSTORMWATER INFRASTRUCTURE (GSI) AND REPLACEMENT OF IMPERVIOUS SURFACES WITH POROUSPAVEMENT TO BETTER MANAGE AND TREAT STORMWATER RUNOFF FROM THE PARKING LOT AND BOATRAMP ENTERING ASHUMET POND. PUBLIC EDUCATIONAL OPPORTUNITIES ARE PROVIDED WITHINTERPRETIVE SIGNAGE.7a.Project Type:1. Single Family Home 2. Residential Subdivision3.Limited Project Driveway Crossing 4.Commercial/Industrial5.Dock/Pier 6.Utilities7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)9.Transportation 10.Other7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310CMR 10.53 (inland)?1.Yes No If yes, describe which limited project applies to this project:2. Limited Project8.Property recorded at the Registry of Deeds for:a.County:b.Certificate:c.Book:d.Page:BARNSTABLE 8932 254B. Buffer Zone & Resource Area Impacts (temporary & permanent)1.Buffer Zone & Resource Area Impacts (temporary & permanent):This is a Buffer Zone only project 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)Resource Area Size of Proposed Alteration Proposed Replacement (if any)a.Bank 1. linear feet 2. linear feetb.Bordering Vegetated Wetland 1. square feet 2. square feetc.Land under Waterbodies and Waterways 1. Square feet 2. square feet3. cubic yards dredgedd.Bordering Land Subject to Flooding 1. square feet 2. square feet3. cubic feet of flood storage lost 4. cubic feet replacede.Isolated Land Subject to Flooding 1. square feet2. cubic feet of flood storage lost 3. cubic feet replaced
f.Riverfront Area
1. Name of Waterway (if any)
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
square feet
4. Proposed Alteration of the Riverfront Area:
a. total square feet b. square feet within 100 ft.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)
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 Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, below
d.Coastal Beaches
1. square feet 2. cubic yards beach nourishment
e.Coastal Dunes
1. square feet 2. cubic yards dune nourishment
f.Coastal Banks 15
1. linear feet
g.Rocky Intertidal Shores
1. square feet
h.Salt Marshes
1. square feet 2. sq ft restoration, rehab, crea.
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
55
1. square feet
4.Restoration/Enhancement
Restoration/Replacement
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 entered the additional amount here.
a. square feet of BVW b. square feet of Salt Marsh
5.Projects Involves Stream Crossings
Project Involves Streams Crossings
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
a. number of new stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
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 StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program
(NHESP)?
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
b. Date of map:FROM MAP VIEWER
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....
c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)
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 rightofway plan of site
3. Project plans for entire project site, including wetland resource areas and areas outside of wetland 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
c. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatory
review/massendangeredspeciesactmesa/mesafeeschedule.html )
Make check payable to "Natural Heritage & Endangered Species Fund" 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
d. OR Check One of the following
1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321
CMR 10.14, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangered
speciesact.html#10.14; 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 Number
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.
*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...
2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a. Not applicable project is in inland resource area only
b.Yes No
If yes, include proof of mailing or hand delivery of NOI to either:
South Shore Cohasset to Rhode Island, and the Cape & Islands:
Division of Marine Fisheries
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 S. Rodney French Blvd
New Bedford, MA 02744
North Shore Hull to New Hampshire:
Division of Marine Fisheries
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
If yes, it 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.
3.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 DEP Website for ACEC locations). Note:
electronic filers click on Website.
b. ACEC Name
4.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
5.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
6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?
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, Explain why the project is exempt:
1.Single Family Home
2.Emergency Road Repair
3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamily
housing project) with no discharge to Critical Areas.
D. Additional Information
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 by regular mail delivery.
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.
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.
a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:
FOLLINS POND,
CAPE COD BOAT
RAMP STORMWATER
RETROFIT PROJECT
PERMITTING PLANS,
YARMOUTH, MA
HORSLEY WITTEN
GROUP, INC.
RICHARD A. CLAYTOR JR.,
P.E.JANUARY 2024
STORMWATER
MANAGEMENT
REPORT, FOLLINS
POND BOAT RAMP
YARMOUTH, MA /
STORMWATER
CHECKLIST
HORSLEY WITTEN
GROUP, INC.
RICHARD A. CLAYTOR JR.,
P.E.JANUARY 2024
FOLLINS POND
BOAT RAMP,
YARMOUTH,
MASSACHUSETTS,
CAPE COD BOAT
RAMP STORMWATER
RETROFIT PROJECT,
YARMOUTH, MA,
EXISTING
CONDITIONS PLAN
HORSLEY WITTEN
GROUP, INC.DANIEL W. MACKENZIE APRIL 2023
WETLAND
RESOURCES
MEMORANDUM,
FOLLINS POND
BOAT RAMP
STORMWATER
RETROFIT SITE,
YARMOUTH, MA
HORSLEY WITTEN
GROUP, INC.APRIL 2023
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. Payer name on check: First Name 7. Payer name on check: Last Name
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 Section C, Items 13, 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.
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 #:
eDEP Transaction #:1667232
City/Town:YARMOUTH
Page 3 of 8 * ELECTRONIC COPY
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:
A.General Information1. Project Location:a. Street Address FOLLINS POND ROADb. City/Town YARMOUTH c. Zip Code 02675d. Latitude 41.71108N e. Longitude 70.18704Wf. Map/Plat #136 g.Parcel/Lot #492. Applicant:Individual Organizationa. First Name JEFFREY b.Last Name COLBYc. Organization TOWN OF YARMOUTHd. Mailing Address 74 TOWN BROOK ROADe. City/Town WEST YARMOUTH f. State MA g. Zip Code 02673h. Phone Number 5083982231 i. Fax j. Email jcolby@yarmouth.ma.us3.Property Owner:more than one ownera. First Name JEFFREY b. Last Name COLBYc. Organization TOWN OF YARMOUTHd. Mailing Address 74 TOWN BROOK ROADe. City/Town WEST YARMOUTH f.State MA g. Zip Code 02673h. Phone Number 5083982231 i. Fax j.Email jcolby@yarmouth.ma.us4.Representative:a. First Name GEMMA b. Last Name KITEc. Organization HORSLEY WITTEN GROUP, INC.d. Mailing Address 90 ROUTE 6A, UNIT 1e. City/Town SANDWICH f. State MA g. Zip Code 02563h.Phone Number 5088336600 i.Fax j.Email gkite@horsleywitten.com5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid6.General Project Description:THE PROPOSED STORMWATER RETROFIT PROJECT WILL INVOLVE THE INSTALLATION OF GREENSTORMWATER INFRASTRUCTURE (GSI) AND REPLACEMENT OF IMPERVIOUS SURFACES WITH POROUSPAVEMENT TO BETTER MANAGE AND TREAT STORMWATER RUNOFF FROM THE PARKING LOT AND BOATRAMP ENTERING ASHUMET POND. PUBLIC EDUCATIONAL OPPORTUNITIES ARE PROVIDED WITHINTERPRETIVE SIGNAGE.7a.Project Type:1. Single Family Home 2. Residential Subdivision3.Limited Project Driveway Crossing 4.Commercial/Industrial5.Dock/Pier 6.Utilities7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)9.Transportation 10.Other7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310CMR 10.53 (inland)?1.Yes No If yes, describe which limited project applies to this project:2. Limited Project8.Property recorded at the Registry of Deeds for:a.County:b.Certificate:c.Book:d.Page:BARNSTABLE 8932 254B. Buffer Zone & Resource Area Impacts (temporary & permanent)1.Buffer Zone & Resource Area Impacts (temporary & permanent):This is a Buffer Zone only project 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)Resource Area Size of Proposed Alteration Proposed Replacement (if any)a.Bank 1. linear feet 2. linear feetb.Bordering Vegetated Wetland 1. square feet 2. square feetc.Land under Waterbodies and Waterways 1. Square feet 2. square feet3. cubic yards dredgedd.Bordering Land Subject to Flooding 1. square feet 2. square feet3. cubic feet of flood storage lost 4. cubic feet replacede.Isolated Land Subject to Flooding 1. square feet2. cubic feet of flood storage lost 3. cubic feet replacedf.Riverfront Area 1. Name of Waterway (if any)2. Width of Riverfront Area (check one)25 ft. Designated Densely Developed Areas only100 ft. New agricultural projects only200 ft. All other projects3. Total area of Riverfront Area on the site of the proposed project square feet4. Proposed Alteration of the Riverfront Area:a. total square feet b. square feet within 100 ft.c. square feet between 100 ft.and 200 ft.5. Has an alternatives analysis been done and is it attached to this NOI?Yes No6. Was the lot where the activity is proposed created prior to August 1, 1996?Yes No3.Coastal Resource Areas: (See 310 CMR 10.25 10.35)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 feet2. cubic yards dredgedc.Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, belowd.Coastal Beaches 1. square feet 2. cubic yards beach nourishmente.Coastal Dunes 1. square feet 2. cubic yards dune nourishmentf.Coastal Banks 151. linear feetg.Rocky Intertidal Shores 1. square feeth.Salt Marshes 1. square feet 2. sq ft restoration, rehab, crea.i.Land Under Salt Ponds 1. square feet2. cubic yards dredgedj.Land Containing Shellfish 1. square feetk.Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland LandUnder Waterbodies and Waterways, above
1. cubic yards dredged
l.Land Subject to Coastal
Storm Flowage
55
1. square feet
4.Restoration/Enhancement
Restoration/Replacement
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 entered the additional amount here.
a. square feet of BVW b. square feet of Salt Marsh
5.Projects Involves Stream Crossings
Project Involves Streams Crossings
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
a. number of new stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
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 StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program
(NHESP)?
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
b. Date of map:FROM MAP VIEWER
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....
c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)
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 rightofway plan of site
3. Project plans for entire project site, including wetland resource areas and areas outside of wetland 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
c. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatory
review/massendangeredspeciesactmesa/mesafeeschedule.html )
Make check payable to "Natural Heritage & Endangered Species Fund" 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
d. OR Check One of the following
1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321
CMR 10.14, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangered
speciesact.html#10.14; 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 Number
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.
*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...
2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a. Not applicable project is in inland resource area only
b.Yes No
If yes, include proof of mailing or hand delivery of NOI to either:
South Shore Cohasset to Rhode Island, and the Cape & Islands:
Division of Marine Fisheries
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 S. Rodney French Blvd
New Bedford, MA 02744
North Shore Hull to New Hampshire:
Division of Marine Fisheries
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
If yes, it 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.
3.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 DEP Website for ACEC locations). Note:
electronic filers click on Website.
b. ACEC Name
4.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
5.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
6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?
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, Explain why the project is exempt:
1.Single Family Home
2.Emergency Road Repair
3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamily
housing project) with no discharge to Critical Areas.
D. Additional Information
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 by regular mail delivery.
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.
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.
a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:
FOLLINS POND,
CAPE COD BOAT
RAMP STORMWATER
RETROFIT PROJECT
PERMITTING PLANS,
YARMOUTH, MA
HORSLEY WITTEN
GROUP, INC.
RICHARD A. CLAYTOR JR.,
P.E.JANUARY 2024
STORMWATER
MANAGEMENT
REPORT, FOLLINS
POND BOAT RAMP
YARMOUTH, MA /
STORMWATER
CHECKLIST
HORSLEY WITTEN
GROUP, INC.
RICHARD A. CLAYTOR JR.,
P.E.JANUARY 2024
FOLLINS POND
BOAT RAMP,
YARMOUTH,
MASSACHUSETTS,
CAPE COD BOAT
RAMP STORMWATER
RETROFIT PROJECT,
YARMOUTH, MA,
EXISTING
CONDITIONS PLAN
HORSLEY WITTEN
GROUP, INC.DANIEL W. MACKENZIE APRIL 2023
WETLAND
RESOURCES
MEMORANDUM,
FOLLINS POND
BOAT RAMP
STORMWATER
RETROFIT SITE,
YARMOUTH, MA
HORSLEY WITTEN
GROUP, INC.APRIL 2023
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. Payer name on check: First Name 7. Payer name on check: Last Name
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 Section C, Items 13, 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.
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 #:
eDEP Transaction #:1667232
City/Town:YARMOUTH
Page 4 of 8 * ELECTRONIC COPY
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:
A.General Information1. Project Location:a. Street Address FOLLINS POND ROADb. City/Town YARMOUTH c. Zip Code 02675d. Latitude 41.71108N e. Longitude 70.18704Wf. Map/Plat #136 g.Parcel/Lot #492. Applicant:Individual Organizationa. First Name JEFFREY b.Last Name COLBYc. Organization TOWN OF YARMOUTHd. Mailing Address 74 TOWN BROOK ROADe. City/Town WEST YARMOUTH f. State MA g. Zip Code 02673h. Phone Number 5083982231 i. Fax j. Email jcolby@yarmouth.ma.us3.Property Owner:more than one ownera. First Name JEFFREY b. Last Name COLBYc. Organization TOWN OF YARMOUTHd. Mailing Address 74 TOWN BROOK ROADe. City/Town WEST YARMOUTH f.State MA g. Zip Code 02673h. Phone Number 5083982231 i. Fax j.Email jcolby@yarmouth.ma.us4.Representative:a. First Name GEMMA b. Last Name KITEc. Organization HORSLEY WITTEN GROUP, INC.d. Mailing Address 90 ROUTE 6A, UNIT 1e. City/Town SANDWICH f. State MA g. Zip Code 02563h.Phone Number 5088336600 i.Fax j.Email gkite@horsleywitten.com5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid6.General Project Description:THE PROPOSED STORMWATER RETROFIT PROJECT WILL INVOLVE THE INSTALLATION OF GREENSTORMWATER INFRASTRUCTURE (GSI) AND REPLACEMENT OF IMPERVIOUS SURFACES WITH POROUSPAVEMENT TO BETTER MANAGE AND TREAT STORMWATER RUNOFF FROM THE PARKING LOT AND BOATRAMP ENTERING ASHUMET POND. PUBLIC EDUCATIONAL OPPORTUNITIES ARE PROVIDED WITHINTERPRETIVE SIGNAGE.7a.Project Type:1. Single Family Home 2. Residential Subdivision3.Limited Project Driveway Crossing 4.Commercial/Industrial5.Dock/Pier 6.Utilities7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)9.Transportation 10.Other7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310CMR 10.53 (inland)?1.Yes No If yes, describe which limited project applies to this project:2. Limited Project8.Property recorded at the Registry of Deeds for:a.County:b.Certificate:c.Book:d.Page:BARNSTABLE 8932 254B. Buffer Zone & Resource Area Impacts (temporary & permanent)1.Buffer Zone & Resource Area Impacts (temporary & permanent):This is a Buffer Zone only project 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)Resource Area Size of Proposed Alteration Proposed Replacement (if any)a.Bank 1. linear feet 2. linear feetb.Bordering Vegetated Wetland 1. square feet 2. square feetc.Land under Waterbodies and Waterways 1. Square feet 2. square feet3. cubic yards dredgedd.Bordering Land Subject to Flooding 1. square feet 2. square feet3. cubic feet of flood storage lost 4. cubic feet replacede.Isolated Land Subject to Flooding 1. square feet2. cubic feet of flood storage lost 3. cubic feet replacedf.Riverfront Area 1. Name of Waterway (if any)2. Width of Riverfront Area (check one)25 ft. Designated Densely Developed Areas only100 ft. New agricultural projects only200 ft. All other projects3. Total area of Riverfront Area on the site of the proposed project square feet4. Proposed Alteration of the Riverfront Area:a. total square feet b. square feet within 100 ft.c. square feet between 100 ft.and 200 ft.5. Has an alternatives analysis been done and is it attached to this NOI?Yes No6. Was the lot where the activity is proposed created prior to August 1, 1996?Yes No3.Coastal Resource Areas: (See 310 CMR 10.25 10.35)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 feet2. cubic yards dredgedc.Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, belowd.Coastal Beaches 1. square feet 2. cubic yards beach nourishmente.Coastal Dunes 1. square feet 2. cubic yards dune nourishmentf.Coastal Banks 151. linear feetg.Rocky Intertidal Shores 1. square feeth.Salt Marshes 1. square feet 2. sq ft restoration, rehab, crea.i.Land Under Salt Ponds 1. square feet2. cubic yards dredgedj.Land Containing Shellfish 1. square feetk.Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland LandUnder Waterbodies and Waterways, above1. cubic yards dredgedl.Land Subject to CoastalStorm Flowage 551. square feet4.Restoration/Enhancement Restoration/ReplacementIf the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has beenentered in Section B.2.b or B.3.h above, please entered the additional amount here.a. square feet of BVW b. square feet of Salt Marsh5.Projects Involves Stream Crossings Project Involves Streams CrossingsIf the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.a. number of new stream crossings b. number of replacement stream crossingsC. Other Applicable Standards and RequirementsStreamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review1.Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recentEstimated Habitat Map of StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program(NHESP)?a.Yes NoIf yes, include proof of mailing or hand delivery of NOI to:Natural Heritage and Endangered SpeciesProgramDivision of Fisheries and Wildlife1 Rabbit Hill RoadWestborough, MA 01581b. Date of map:FROM MAP VIEWERIf yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)1. Percentage/acreage of property to be altered:(a) within Wetland Resource Area percentage/acreage(b) outside Resource Area percentage/acreage2. Assessor's Map or rightofway plan of site3. Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showingexisting 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 sitec. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatoryreview/massendangeredspeciesactmesa/mesafeeschedule.html )Make check payable to "Natural Heritage & Endangered Species Fund" 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
d. OR Check One of the following
1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321
CMR 10.14, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangered
speciesact.html#10.14; 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 Number
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.
*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...
2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?
a. Not applicable project is in inland resource area only
b.Yes No
If yes, include proof of mailing or hand delivery of NOI to either:
South Shore Cohasset to Rhode Island, and the Cape & Islands:
Division of Marine Fisheries
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 S. Rodney French Blvd
New Bedford, MA 02744
North Shore Hull to New Hampshire:
Division of Marine Fisheries
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
If yes, it 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.
3.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 DEP Website for ACEC locations). Note:
electronic filers click on Website.
b. ACEC Name
4.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
5.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
6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?
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, Explain why the project is exempt:
1.Single Family Home
2.Emergency Road Repair
3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamily
housing project) with no discharge to Critical Areas.
D. Additional Information
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 by regular mail delivery.
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.
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.
a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:
FOLLINS POND,
CAPE COD BOAT
RAMP STORMWATER
RETROFIT PROJECT
PERMITTING PLANS,
YARMOUTH, MA
HORSLEY WITTEN
GROUP, INC.
RICHARD A. CLAYTOR JR.,
P.E.JANUARY 2024
STORMWATER
MANAGEMENT
REPORT, FOLLINS
POND BOAT RAMP
YARMOUTH, MA /
STORMWATER
CHECKLIST
HORSLEY WITTEN
GROUP, INC.
RICHARD A. CLAYTOR JR.,
P.E.JANUARY 2024
FOLLINS POND
BOAT RAMP,
YARMOUTH,
MASSACHUSETTS,
CAPE COD BOAT
RAMP STORMWATER
RETROFIT PROJECT,
YARMOUTH, MA,
EXISTING
CONDITIONS PLAN
HORSLEY WITTEN
GROUP, INC.DANIEL W. MACKENZIE APRIL 2023
WETLAND
RESOURCES
MEMORANDUM,
FOLLINS POND
BOAT RAMP
STORMWATER
RETROFIT SITE,
YARMOUTH, MA
HORSLEY WITTEN
GROUP, INC.APRIL 2023
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. Payer name on check: First Name 7. Payer name on check: Last Name
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 Section C, Items 13, 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.
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 #:
eDEP Transaction #:1667232
City/Town:YARMOUTH
Page 5 of 8 * ELECTRONIC COPY
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:
A.General Information1. Project Location:a. Street Address FOLLINS POND ROADb. City/Town YARMOUTH c. Zip Code 02675d. Latitude 41.71108N e. Longitude 70.18704Wf. Map/Plat #136 g.Parcel/Lot #492. Applicant:Individual Organizationa. First Name JEFFREY b.Last Name COLBYc. Organization TOWN OF YARMOUTHd. Mailing Address 74 TOWN BROOK ROADe. City/Town WEST YARMOUTH f. State MA g. Zip Code 02673h. Phone Number 5083982231 i. Fax j. Email jcolby@yarmouth.ma.us3.Property Owner:more than one ownera. First Name JEFFREY b. Last Name COLBYc. Organization TOWN OF YARMOUTHd. Mailing Address 74 TOWN BROOK ROADe. City/Town WEST YARMOUTH f.State MA g. Zip Code 02673h. Phone Number 5083982231 i. Fax j.Email jcolby@yarmouth.ma.us4.Representative:a. First Name GEMMA b. Last Name KITEc. Organization HORSLEY WITTEN GROUP, INC.d. Mailing Address 90 ROUTE 6A, UNIT 1e. City/Town SANDWICH f. State MA g. Zip Code 02563h.Phone Number 5088336600 i.Fax j.Email gkite@horsleywitten.com5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid6.General Project Description:THE PROPOSED STORMWATER RETROFIT PROJECT WILL INVOLVE THE INSTALLATION OF GREENSTORMWATER INFRASTRUCTURE (GSI) AND REPLACEMENT OF IMPERVIOUS SURFACES WITH POROUSPAVEMENT TO BETTER MANAGE AND TREAT STORMWATER RUNOFF FROM THE PARKING LOT AND BOATRAMP ENTERING ASHUMET POND. PUBLIC EDUCATIONAL OPPORTUNITIES ARE PROVIDED WITHINTERPRETIVE SIGNAGE.7a.Project Type:1. Single Family Home 2. Residential Subdivision3.Limited Project Driveway Crossing 4.Commercial/Industrial5.Dock/Pier 6.Utilities7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)9.Transportation 10.Other7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310CMR 10.53 (inland)?1.Yes No If yes, describe which limited project applies to this project:2. Limited Project8.Property recorded at the Registry of Deeds for:a.County:b.Certificate:c.Book:d.Page:BARNSTABLE 8932 254B. Buffer Zone & Resource Area Impacts (temporary & permanent)1.Buffer Zone & Resource Area Impacts (temporary & permanent):This is a Buffer Zone only project 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)Resource Area Size of Proposed Alteration Proposed Replacement (if any)a.Bank 1. linear feet 2. linear feetb.Bordering Vegetated Wetland 1. square feet 2. square feetc.Land under Waterbodies and Waterways 1. Square feet 2. square feet3. cubic yards dredgedd.Bordering Land Subject to Flooding 1. square feet 2. square feet3. cubic feet of flood storage lost 4. cubic feet replacede.Isolated Land Subject to Flooding 1. square feet2. cubic feet of flood storage lost 3. cubic feet replacedf.Riverfront Area 1. Name of Waterway (if any)2. Width of Riverfront Area (check one)25 ft. Designated Densely Developed Areas only100 ft. New agricultural projects only200 ft. All other projects3. Total area of Riverfront Area on the site of the proposed project square feet4. Proposed Alteration of the Riverfront Area:a. total square feet b. square feet within 100 ft.c. square feet between 100 ft.and 200 ft.5. Has an alternatives analysis been done and is it attached to this NOI?Yes No6. Was the lot where the activity is proposed created prior to August 1, 1996?Yes No3.Coastal Resource Areas: (See 310 CMR 10.25 10.35)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 feet2. cubic yards dredgedc.Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, belowd.Coastal Beaches 1. square feet 2. cubic yards beach nourishmente.Coastal Dunes 1. square feet 2. cubic yards dune nourishmentf.Coastal Banks 151. linear feetg.Rocky Intertidal Shores 1. square feeth.Salt Marshes 1. square feet 2. sq ft restoration, rehab, crea.i.Land Under Salt Ponds 1. square feet2. cubic yards dredgedj.Land Containing Shellfish 1. square feetk.Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland LandUnder Waterbodies and Waterways, above1. cubic yards dredgedl.Land Subject to CoastalStorm Flowage 551. square feet4.Restoration/Enhancement Restoration/ReplacementIf the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has beenentered in Section B.2.b or B.3.h above, please entered the additional amount here.a. square feet of BVW b. square feet of Salt Marsh5.Projects Involves Stream Crossings Project Involves Streams CrossingsIf the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.a. number of new stream crossings b. number of replacement stream crossingsC. Other Applicable Standards and RequirementsStreamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review1.Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recentEstimated Habitat Map of StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program(NHESP)?a.Yes NoIf yes, include proof of mailing or hand delivery of NOI to:Natural Heritage and Endangered SpeciesProgramDivision of Fisheries and Wildlife1 Rabbit Hill RoadWestborough, MA 01581b. Date of map:FROM MAP VIEWERIf yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)1. Percentage/acreage of property to be altered:(a) within Wetland Resource Area percentage/acreage(b) outside Resource Area percentage/acreage2. Assessor's Map or rightofway plan of site3. Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showingexisting 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 sitec. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatoryreview/massendangeredspeciesactmesa/mesafeeschedule.html )Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above addressProjects altering 10 or more acres of land, also submit:d.Vegetation cover type map of sitee.Project plans showing Priority & Estimated Habitat boundariesd. OR Check One of the following1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321CMR 10.14, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangeredspeciesact.html#10.14; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR10.37 and 10.59.)2. Separate MESA review ongoing.a. NHESP Tracking Numberb. Date submitted to NHESP3.Separate MESA review completed.Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan.*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?a. Not applicable project is in inland resource area onlyb.Yes NoIf yes, include proof of mailing or hand delivery of NOI to either:South Shore Cohasset to Rhode Island, and the Cape & Islands:Division of Marine Fisheries Southeast Marine Fisheries StationAttn: Environmental Reviewer836 S. Rodney French Blvd New Bedford, MA 02744 North Shore Hull to New Hampshire:Division of Marine Fisheries North Shore OfficeAttn: Environmental Reviewer30 Emerson AvenueGloucester, MA 01930If yes, it 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.3.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 WPAForm 3 or DEP Website for ACEC locations). Note:electronic filers click on Website.b. ACEC Name4.Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in theMassachusetts Surface Water Quality Standards, 314 CMR 4.00?a.Yes No5.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 No6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?
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, Explain why the project is exempt:
1.Single Family Home
2.Emergency Road Repair
3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamily
housing project) with no discharge to Critical Areas.
D. Additional Information
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 by regular mail delivery.
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.
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.
a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:
FOLLINS POND,
CAPE COD BOAT
RAMP STORMWATER
RETROFIT PROJECT
PERMITTING PLANS,
YARMOUTH, MA
HORSLEY WITTEN
GROUP, INC.
RICHARD A. CLAYTOR JR.,
P.E.JANUARY 2024
STORMWATER
MANAGEMENT
REPORT, FOLLINS
POND BOAT RAMP
YARMOUTH, MA /
STORMWATER
CHECKLIST
HORSLEY WITTEN
GROUP, INC.
RICHARD A. CLAYTOR JR.,
P.E.JANUARY 2024
FOLLINS POND
BOAT RAMP,
YARMOUTH,
MASSACHUSETTS,
CAPE COD BOAT
RAMP STORMWATER
RETROFIT PROJECT,
YARMOUTH, MA,
EXISTING
CONDITIONS PLAN
HORSLEY WITTEN
GROUP, INC.DANIEL W. MACKENZIE APRIL 2023
WETLAND
RESOURCES
MEMORANDUM,
FOLLINS POND
BOAT RAMP
STORMWATER
RETROFIT SITE,
YARMOUTH, MA
HORSLEY WITTEN
GROUP, INC.APRIL 2023
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. Payer name on check: First Name 7. Payer name on check: Last Name
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 Section C, Items 13, 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.
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 #:
eDEP Transaction #:1667232
City/Town:YARMOUTH
Page 6 of 8 * ELECTRONIC COPY
a.Yes, Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR10.05(6)(k)(q) and check if:A.General Information1. Project Location:a. Street Address FOLLINS POND ROADb. City/Town YARMOUTH c. Zip Code 02675d. Latitude 41.71108N e. Longitude 70.18704Wf. Map/Plat #136 g.Parcel/Lot #492. Applicant:Individual Organizationa. First Name JEFFREY b.Last Name COLBYc. Organization TOWN OF YARMOUTHd. Mailing Address 74 TOWN BROOK ROADe. City/Town WEST YARMOUTH f. State MA g. Zip Code 02673h. Phone Number 5083982231 i. Fax j. Email jcolby@yarmouth.ma.us3.Property Owner:more than one ownera. First Name JEFFREY b. Last Name COLBYc. Organization TOWN OF YARMOUTHd. Mailing Address 74 TOWN BROOK ROADe. City/Town WEST YARMOUTH f.State MA g. Zip Code 02673h. Phone Number 5083982231 i. Fax j.Email jcolby@yarmouth.ma.us4.Representative:a. First Name GEMMA b. Last Name KITEc. Organization HORSLEY WITTEN GROUP, INC.d. Mailing Address 90 ROUTE 6A, UNIT 1e. City/Town SANDWICH f. State MA g. Zip Code 02563h.Phone Number 5088336600 i.Fax j.Email gkite@horsleywitten.com5.Total WPA Fee Paid (Automatically inserted from NOI Wetland Fee Transmittal Form):a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid6.General Project Description:THE PROPOSED STORMWATER RETROFIT PROJECT WILL INVOLVE THE INSTALLATION OF GREENSTORMWATER INFRASTRUCTURE (GSI) AND REPLACEMENT OF IMPERVIOUS SURFACES WITH POROUSPAVEMENT TO BETTER MANAGE AND TREAT STORMWATER RUNOFF FROM THE PARKING LOT AND BOATRAMP ENTERING ASHUMET POND. PUBLIC EDUCATIONAL OPPORTUNITIES ARE PROVIDED WITHINTERPRETIVE SIGNAGE.7a.Project Type:1. Single Family Home 2. Residential Subdivision3.Limited Project Driveway Crossing 4.Commercial/Industrial5.Dock/Pier 6.Utilities7.Coastal Engineering Structure 8.Agriculture (eg., cranberries, forestry)9.Transportation 10.Other7b.Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310CMR 10.53 (inland)?1.Yes No If yes, describe which limited project applies to this project:2. Limited Project8.Property recorded at the Registry of Deeds for:a.County:b.Certificate:c.Book:d.Page:BARNSTABLE 8932 254B. Buffer Zone & Resource Area Impacts (temporary & permanent)1.Buffer Zone & Resource Area Impacts (temporary & permanent):This is a Buffer Zone only project 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)Resource Area Size of Proposed Alteration Proposed Replacement (if any)a.Bank 1. linear feet 2. linear feetb.Bordering Vegetated Wetland 1. square feet 2. square feetc.Land under Waterbodies and Waterways 1. Square feet 2. square feet3. cubic yards dredgedd.Bordering Land Subject to Flooding 1. square feet 2. square feet3. cubic feet of flood storage lost 4. cubic feet replacede.Isolated Land Subject to Flooding 1. square feet2. cubic feet of flood storage lost 3. cubic feet replacedf.Riverfront Area 1. Name of Waterway (if any)2. Width of Riverfront Area (check one)25 ft. Designated Densely Developed Areas only100 ft. New agricultural projects only200 ft. All other projects3. Total area of Riverfront Area on the site of the proposed project square feet4. Proposed Alteration of the Riverfront Area:a. total square feet b. square feet within 100 ft.c. square feet between 100 ft.and 200 ft.5. Has an alternatives analysis been done and is it attached to this NOI?Yes No6. Was the lot where the activity is proposed created prior to August 1, 1996?Yes No3.Coastal Resource Areas: (See 310 CMR 10.25 10.35)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 feet2. cubic yards dredgedc.Barrier Beaches Indicate size under Coastal Beaches and/or Coatstal Dunes, belowd.Coastal Beaches 1. square feet 2. cubic yards beach nourishmente.Coastal Dunes 1. square feet 2. cubic yards dune nourishmentf.Coastal Banks 151. linear feetg.Rocky Intertidal Shores 1. square feeth.Salt Marshes 1. square feet 2. sq ft restoration, rehab, crea.i.Land Under Salt Ponds 1. square feet2. cubic yards dredgedj.Land Containing Shellfish 1. square feetk.Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland LandUnder Waterbodies and Waterways, above1. cubic yards dredgedl.Land Subject to CoastalStorm Flowage 551. square feet4.Restoration/Enhancement Restoration/ReplacementIf the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has beenentered in Section B.2.b or B.3.h above, please entered the additional amount here.a. square feet of BVW b. square feet of Salt Marsh5.Projects Involves Stream Crossings Project Involves Streams CrossingsIf the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.a. number of new stream crossings b. number of replacement stream crossingsC. Other Applicable Standards and RequirementsStreamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review1.Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recentEstimated Habitat Map of StateListed Rare Wetland Wildlife published by the Natural Heritage of Endangered Species program(NHESP)?a.Yes NoIf yes, include proof of mailing or hand delivery of NOI to:Natural Heritage and Endangered SpeciesProgramDivision of Fisheries and Wildlife1 Rabbit Hill RoadWestborough, MA 01581b. Date of map:FROM MAP VIEWERIf yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18)....c. Submit Supplemental Information for Endangered Species Review * (Check boxes as they apply)1. Percentage/acreage of property to be altered:(a) within Wetland Resource Area percentage/acreage(b) outside Resource Area percentage/acreage2. Assessor's Map or rightofway plan of site3. Project plans for entire project site, including wetland resource areas and areas outside of wetland jurisdiction, showingexisting 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 sitec. MESA filing fee (fee information available at: http://www.mass.gov/eea/agencies/dfg/dfw/naturalheritage/regulatoryreview/massendangeredspeciesactmesa/mesafeeschedule.html )Make check payable to "Natural Heritage & Endangered Species Fund" and mail to NHESP at above addressProjects altering 10 or more acres of land, also submit:d.Vegetation cover type map of sitee.Project plans showing Priority & Estimated Habitat boundariesd. OR Check One of the following1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321CMR 10.14, http://www.mass.gov/eea/agencies/dfg/dfw/lawsregulations/cmr/321cmr1000massachusettsendangeredspeciesact.html#10.14; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR10.37 and 10.59.)2. Separate MESA review ongoing.a. NHESP Tracking Numberb. Date submitted to NHESP3.Separate MESA review completed.Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan.*Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review...2.For coastal projects only, is any portion of the proposed project located below the mean high waterline or in a fish run?a. Not applicable project is in inland resource area onlyb.Yes NoIf yes, include proof of mailing or hand delivery of NOI to either:South Shore Cohasset to Rhode Island, and the Cape & Islands:Division of Marine Fisheries Southeast Marine Fisheries StationAttn: Environmental Reviewer836 S. Rodney French Blvd New Bedford, MA 02744 North Shore Hull to New Hampshire:Division of Marine Fisheries North Shore OfficeAttn: Environmental Reviewer30 Emerson AvenueGloucester, MA 01930If yes, it 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.3.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 WPAForm 3 or DEP Website for ACEC locations). Note:electronic filers click on Website.b. ACEC Name4.Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in theMassachusetts Surface Water Quality Standards, 314 CMR 4.00?a.Yes No5.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 No6.Is this project subject to provisions of the MassDEP Stormwater Management Standards?1.Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management HandbookVol.2, Chapter 3)2.A portion of the site constitutes redevelopment3.Proprietary BMPs are included in the Stormwater Management Systemb.No, Explain why the project is exempt:1.Single Family Home2.Emergency Road Repair3.Small Residential Subdivision (less than or equal to 4 singlefamily houses or less than or equal to 4 units in multifamilyhousing project) with no discharge to Critical Areas.D. Additional InformationApplicants 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 yousubmit to the Department by regular mail delivery.1.USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for theConservation 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.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.a. Plan Title:b. Plan Prepared By:c. Plan Signed/Stamped By:c. Revised Final Date:e. Scale:FOLLINS POND,CAPE COD BOATRAMP STORMWATERRETROFIT PROJECT PERMITTING PLANS,YARMOUTH, MA HORSLEY WITTENGROUP, INC.RICHARD A. CLAYTOR JR.,P.E.JANUARY 2024STORMWATERMANAGEMENTREPORT, FOLLINSPOND BOAT RAMPYARMOUTH, MA /STORMWATERCHECKLIST HORSLEY WITTENGROUP, INC.RICHARD A. CLAYTOR JR.,P.E.JANUARY 2024
FOLLINS POND
BOAT RAMP,
YARMOUTH,
MASSACHUSETTS,
CAPE COD BOAT
RAMP STORMWATER
RETROFIT PROJECT,
YARMOUTH, MA,
EXISTING
CONDITIONS PLAN
HORSLEY WITTEN
GROUP, INC.DANIEL W. MACKENZIE APRIL 2023
WETLAND
RESOURCES
MEMORANDUM,
FOLLINS POND
BOAT RAMP
STORMWATER
RETROFIT SITE,
YARMOUTH, MA
HORSLEY WITTEN
GROUP, INC.APRIL 2023
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. Payer name on check: First Name 7. Payer name on check: Last Name
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 Section C, Items 13, 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.
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 #:
eDEP Transaction #:1667232
City/Town:YARMOUTH
Page 7 of 8 * ELECTRONIC COPY
March 6, 2024
A. Applicant Information
1. Applicant:
a. First Name JEFFREY b.Last Name COLBY
c. Organization TOWN OF YARMOUTH
d. Mailing Address 74 TOWN BROOK ROAD
e. City/Town WEST YARMOUTH f. State MA g. Zip Code 02673
h. Phone Number 5083982231 i. Fax j. Email jcolby@yarmouth.ma.us
2.Property Owner:(if different)
a. First Name JEFFREY b. Last Name COLBY
c. Organization TOWN OF YARMOUTH
d. Mailing Address 74 TOWN BROOK ROAD
e. City/Town WEST YARMOUTH f.State MA g. Zip Code 02673
h. Phone Number 5083982231 i. Fax j.Email jcolby@yarmouth.ma.us
3. Project Location:
a. Street Address FOLLINS POND ROAD b. City/Town YARMOUTH
Are you exempted from Fee? (You have selected 'Yes')
Note: Fee will be exempted if you are one of the following:
City/Town/County/District
Municipal Housing Authority
Indian Tribe Housing Authority
MBTA
State agencies are only exempt if the fee is less than $100
B. Fees
Activity Type Activity
Number Activity Fee RF Multiplier Sub Total
City/Town share of filling fee
$0.00
State share of filing fee
$0.00
Total Project Fee
$0.00
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands
WPA Form 3 Notice of Wetland FeeTransmittal
Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File #:
eDEP Transaction #:1667232
City/Town:YARMOUTH
Page 1 of 1 * ELECTRONIC COPY
Revised 2/17/2017
AFFIDAVIT OF SERVICE
Under the Massachusetts Wetlands Protection Act
and the Town of Yarmouth Wetlands Protection Bylaw
(To be submitted to the Massachusetts Department of Environmental Protection
and the Conservation Commission when filing a Notice of Intent)
I, , hereby certify under the
(Name of person making the Affidavit)
pains and penalties of perjury that on I gave notification to abutters
(Date)
in compliance with the second 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 Wetlands Protection Act by
with the
(Name of Municipality) (Name of Applicants)
Conservation Commission on for property located at
(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.
(Name) (Date)
Gemma Kite, Horsley Witten Group, Inc.
March 7, 2024
March 7, 2024
Jeffrey Colby, Town of Yarmouth Yarmouth
March 7, 2024
Follins Pond Boat Ramp, Follins Pond Road and Gun Rock Road
136/ 73/ / /
BRUNETTI AMY L
15 FOLLINS POND RD
YARMOUTH PORT , MA 02675
136/ 72/ / /
KOSOFSKY KRISTEN C
21 FOLLINS POND RD
YARMOUTH PORT , MA 02675
136/ 41/ / /
CLEAVES SCOTT A TRS
CLEAVES JERRELL W TRS
16 FOLLINS POND RD
YARMOUTH PORT , MA 02675
136/ 42/ / /
CLEAVES JERRELL W TR
CLEAVES SCOTT A TR
16 FOLLINS POND RD
YARMOUTH PORT , MA 02675
136/ 53.1/ / /
SERIJAN JOHN C TR
C/O SERIJAN MICHAEL T
5 JOHN JOSEPH RD
HARWICH , MA 02645
136/ 47/ / /
CARMACK CHARLES S
CARMACK JANET H
PO BOX 591
NORTH CREEK , NY 12853
136/ 48/ / /
VALENTI RONALD C
VALENTI BRIDGET
5403 LAGO MAGGIO ST
SARASOTA , FL 34238
136/ 49/ / /
COLLINS CHERYL E
32 GUNROCK RD
YARMOUTH PORT , MA 02675-2216
136/ 51/ / /
GOERING ANN K TR
THE ANN K GOERING TRUST
36 FOLLINS POND RD
YARMOUTH PORT , MA 02675
136/ 50/ / /
GOODWIN GORDON F JR
GOODWIN JEAN M B
34 FOLLINS POND RD
YARMOUTH PORT , MA 02675-2214
Please use this signature to certify this list of propertiesabutting the retrofit stormwater upgrade project and using asa locus parcel:15 Follins Pond Rd., Yarmouth Port, MA 02675Assessors Map 136, Lot 73__________________________________________Andy Machado, Director of AssessingFebruary 26, 2024
NOTIFICATION TO ABUTTERS UNDER THE
MASSACHUSETTS WETLANDS PROTECTION ACT &
TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143
In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40,
you are hereby notified of the following:
A.The name of the applicant is ________________________________________________
B.The applicant has filed a Notice of Intent with the Yarmouth Conservation Commission, seeking
permission to remove, fill, dredge or alter an Area Subject to Protection under the Wetlands
Protection Act (MGL c. 131 s. 40 & Town of Yarmouth Wetland By-Law, Chapter 143).
C.The address of the lot where the activity is proposed is ______________________________
D.Proposed work is _____________________________________________________________
____________________________________________________________________________
E.Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation
Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more
information, call (508) 398-2231 ext. 1288.
F.Copies of the Notice of Intent may be obtained from either the applicant or applicant’s
representative. Applicant’s phone number _____________________________________
Or Applicant’s representatives phone number ___________________________________
G.Information regarding the date, time and place of the public hearing may be obtained by calling
the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288
H.Person sending this notification (applicant, representative or other)
Name __________________________________________
Address ________________________________________
Town _________________ State _______ Zip _________
Telephone _______________________________________
NOTES :
•Notice of the public hearing, including date, time and place will be published at least five (5)
days in advance in a newspaper of general circulation.
•Notice of the public hearing, including date, time and place will be posted in the Town Hall not
less than forty-eight hours in advance.
•You may also contact the Southeast Regional Office of the Department of Environmental
Protection at (508) 946-2800 for more information about this application.
Follins Pond Rd / Gun Rock Rd
Follins Pond.
The proposed stormwater retrofit project at Follins Pond will involve the installation of green stormwater infrastructure(GSI) and underground
infiltration chambers, and regrading and resurfacing the southern portion of Gun Rock Raod to better direct runoff from the boat ramp access road prior to entering
508-398-2231
508-833-6600
Gemma Kite
90 MA-6A #1
Sandwich MA
508-833-6600
02563
Jeffrey Colby, PE DPW - Town of Yarmouth
Project Narrative
i
Cape Cod Boat Ramp Stormwater Retrofit Project
Follins Pond Boat Ramp , Yarmouth, MA
Table of Contents
SUMMARY ......................................................................................................................... 1
1.0 INTRODUCTION ....................................................................................................... 2
1.1 Background ....................................................................................................................................... 2
1.2 Project Goals .................................................................................................................................... 4
2.0 GENERAL SITE DESCRIPTION ...................................................................................... 4
2.1 FEMA Designation ............................................................................................................................ 5
2.2 State-listed Rare Species Habitat ..................................................................................................... 5
2.3 Wetland Resource Areas .................................................................................................................. 5
2.4 Receiving Water and Watershed ...................................................................................................... 6
2.5 Environmental Justice Communities ................................................................................................ 6
3.0 PROPOSED PROJECT ................................................................................................. 7
3.1 Project Elements .............................................................................................................................. 7
3.2 Affected Jurisdictional Areas ............................................................................................................ 8
4.0 PROTECTION OF RESOURCE AREA INTERESTS ............................................................. 8
4.1 Coastal Bank ..................................................................................................................................... 9
4.2 Buffer Zone ..................................................................................................................................... 10
4.3 Erosion and Sedimentation Control ............................................................................................... 10
4.4 Stormwater Management .............................................................................................................. 10
5.0 REFERENCES ........................................................................................................... 11
ATTACHMENTS
Attachment A – Locus Maps
Attachment B – Wetlands Memo
Attachment C – Project Plans
Attachment D – Stormwater Report [electronic copy only]
Figure 1 – USGS Topographic Map
Figure 2 – Aerial Photograph
Figure 3 – FEMA Flood Zones & National Flood Insurance Program, Flood Insurance Rate Maps
Figure 4 – Environmental Constraints
Figure 5 – Receiving Waters
Notice of Intent Horsley Witten Group, Inc.
Follins Pond Boat Ramp, Yarmouth, MA March 2024
Page 1 of 11
Cape Cod Boat Ramp Stormwater Retrofit Project
Follins Pond Boat Ramp , Yarmouth, MA
March 2024
SUMMARY
The Town of Yarmouth (the Applicant) proposes a stormwater retrofit project at Follins Pond Boat Ramp
in Yarmouth, MA. The Town is proposing this project in collaboration with the Association to Preserve Cape
Cod (APCC) as a part of a regional effort to improve water quality at public boat ramps across Cape Cod.
The larger regional effort, the Cape Cod Boat Ramp Stormwater Retrofit Project, is led by APCC in
collaboration with the Massachusetts Department of Fish and Game Office of Fishing and Boating Access,
United States Department of Agriculture Natural Resources Conservation Service, Cape Cod Conservation
District, and the following towns: Barnstable, Bourne, Brewster, Dennis, Falmouth, Harwich, Mashpee,
Orleans, Sandwich, and Yarmouth to improve degraded water quality within freshwater ponds and coastal
embayments across Cape Cod. The project at Follins Pond Boat Ramp is one of eight proposed priority
projects in seven Cape Cod communities.
The proposed stormwater retrofit project at Follins Pond boat ramp will involve the installation of green
stormwater infrastructure (GSI) and underground infiltration chambers; and regrading and resurfacing the
southern portion of Gun Rock Road to better direct runoff from the boat ramp access road prior to entering
Follins Pond. While part of this project is to implement new GSI along Follins Pond Road and Gun Rock
Road, the project will also improve the ability of the existing infiltration systems to capture more runoff
than it currently does. The project will remove stormwater pollutants with a series of catch basins,
infiltration trenches, and underground infiltration chambers. Pavement regrading and resetting of existing
catch basin rims will also reduce the volume of runoff entering Follins Pond.
The proposed project has been designed to retrofit existing areas for water quality improvements while
also managing runoff from larger storms and improving overall site conditions. As required for retrofit
projects, the stormwater system for the project has been designed to conform to the requirements of the
Massachusetts Stormwater Standards to the maximum extent practicable.
A small portion proposed project will occur within Coastal Bank and Land Subject to Coastal Storm Flowage
(LSCSF), coastal resource areas which are protected and regulated under the Massachusetts Wetlands
Protection Act (M.G.L. Ch. 131 § 40) and/or the Town of Yarmouth Wetlands Protection Bylaw (Chapter
143) and their respective regulations.
However, the majority of the proposed project will occur in the upper reaches of the contributing
watershed and will occur outside of jurisdictional areas. Only small portions of the proposed activities will
occur within the outer 35-, 50- and 100-foot local buffer zones. The net result of this project will be
improved water quality, reduced runoff, and improved infiltration, all of which is anticipated to
significantly improve stormwater conditions at the Follins Pond Boat Ramp and reduce on-going impacts
to Follins Pond and its surrounding resource areas and watershed.
Notice of Intent Horsley Witten Group, Inc.
Follins Pond Boat Ramp, Yarmouth, MA March 2024
Page 2 of 11
1.0 INTRODUCTION
1.1 Background
Freshwater ponds and coastal embayments across Cape Cod are significantly degraded by nutrient and
bacteria impairment. Land uses, including stormwater runoff and fertilizer use, contribute on average
20% of the controllable nitrogen load within our coastal watersheds (Cape Cod Commission 208 Plan,
2015). In addition, bacterial contamination, including cyanobacteria, regularly causes closures of
beaches. In APCC’s report (State of the Waters, 2022), 90% of the coastal embayments and 39% of the
freshwater ponds assessed received unacceptable water quality scores. These high nutrient loads are of
concern for the environment, our coastal economy, and public health as they negatively impact habitat
for fish and shellfish and can result in unsafe conditions for swimming, fishing, and boating. Public boat
ramps are a common source of pollution in areas of high recreational use. As such, these locations have
been targeted by APCC’s regional project.
As part of an EPA Southeast New England Program (SNEP) Watershed Grant, APCC and partners first
identified 20 public boat ramps across ten Cape Cod towns in need of improved stormwater
management (Image 1). Concept designs for each of these 20 sites were ranked based on various criteria
including potential pollutant removal (i.e., load and drainage area), water quality status of the
associated waterbody, construction cost and feasibility, and additional human use and resource benefits
(restored shellfish and anadromous fish habitat, proximity to environmental justice communities,
improved climate resiliency , etc.). With additional funding from a CZM FY23 Coastal Habitat and Water
Quality Grant and a private foundation, 25% and 75% designs were developed for eight high-ranking
priority sites, including this one at Follins Pond Boat Ramp on Follins Pond, which has a direct
connection to Nantucket Sound via surface water stream (Bass River).
Notice of Intent Horsley Witten Group, Inc.
Follins Pond Boat Ramp, Yarmouth, MA March 2024
Page 3 of 11
Image 1. Map of assessed sites across Cape Cod with Priority Sites identified. These eight project sites are being permitted as the fi rst phase.
Notice of Intent Horsley Witten Group, Inc.
Follins Pond Boat Ramp, Yarmouth, MA March 2024
Page 4 of 11
1.2 Project Goals
The purpose of this project is to improve water quality in Follins Pond and downstream waters by
reducing or eliminating pollutant loads from stormwater runoff at the public boat ramp using green
stormwater infrastructure (GSI) stormwater control measures (SCMs). Specifically, the project aims to
maximize pollutant removal (% bacteria, nitrogen and phosphorus) and water quality volume treated.
Over time, it is anticipated that this work leads to a reduction in the frequency and/or length of beach
closures and shellfish bed closures related to bacteria contamination; and reduction in nutrients and
associated algal blooms in the Sound.
The Town of Yarmouth is proposing this project in collaboration with the APCC as a part of a regional
effort (Cape Cod Boat Ramp Stormwater Retrofit Project) to improve water quality at public boat ramps
across Cape Cod. The proposed project has been designed to retrofit existing impervious areas for water
quality improvements while also managing runoff from larger storms and improving overall site
conditions. As required for retrofit projects, the stormwater system for the project has been designed to
conform to the requirements of the Massachusetts Stormwater Standards (MASMS) to the maximum
extent practicable.
2.0 GENERAL SITE DESCRIPTION
The Follins Pond boat ramp is a water access point on Follins Pond (Attachment A, Figures 1 and 2). The
area is intended for fishing and
boating purposes only. This
land use is not classified as a
land use with higher potential
pollutant loads (LUHPPL) and
thus, is not subject to
MASWMS Standard 5.
The project site includes an
access road (Follins Pond
Road) down to a boat ramp,
with parking predominantly
occurring along the west side
of the road. The existing
pavement is in good condition.
The Town installed a series of
three infiltration systems
along Follins Pond Road and
double catch basins on either
side of the road to capture runoff and provide pretreatment before discharging into the infiltration
system located below the road. Follins Pond Road is steep (Photo 1), making it challenging for the
existing catch basins to capture all of the stormwater flowing down the road. Follins Pond Road also has
a flat cross slope (e.g., not crowned), so stormwater is not concentrated in a gutter line and often
Photo 1. View of public boat ramp leading to Follins Pond
Notice of Intent Horsley Witten Group, Inc.
Follins Pond Boat Ramp, Yarmouth, MA March 2024
Page 5 of 11
bypasses the existing catch basins. Furthermore, the catch basin rims are at the same grade as the road
around it. All of these factors make it challenging for the runoff to get captured by the existing catch
basins.
2.1 FEMA Designation
According to the FEMA National Flood Hazard Map (Community Panel No. 25001C0579J, effective
July 16, 2014), the portion of the site located at the southern end of Follins Pond Road is located
within a Special Flood Hazard Area, Zone AE (1% annual chance of flooding, with base flood elevations of
9 feet) (Attachment A, Figure 3).
2.2 State-listed Rare Species Habitat
According to the most recent version of the Massachusetts Natural Heritage Atlas (15th Edition, August
1, 2021), the project site does not occur within areas of Estimated Habitat of Rare Wildlife and/or
Priority Habitat of Rare Species located at the site, as designated by the Massachusetts Natural Heritage
and Endangered Species Program (NHESP) (Attachment A, Figure 4).
2.3 Wetland Resource Areas
The site supports coastal wetland resource areas, as defined under the Massachusetts Wetlands
Protection Act (M.G.L. Ch. 131 § 40) and the Town of Yarmouth Wetlands Protection By-law (Chapter
143) and their respective
regulations. Horsley
Witten Group, Inc. (HW)
wetland biologists
identified and delineated
these resource areas
during a site visit on
January 10, 2023.
Jurisdictional areas
identified on or adjacent
to the site include Salt
Marsh; Coastal Bank
(Photo 2); Land Subject to
Coastal Storm Flowage
(LSCSF); and the 35-foot,
50-foot, and 100-foot
Buffer Zones to Salt
Marsh and Coastal Bank.
The site occurs within a
Coastal Watershed Area;
however, the proposed project activities do not incorporate any of the prohibited practices referenced
in section 2.11(1)(b)(1-6) of the Yarmouth Wetland Regulations.
Photo 2. View of boat ramp Coastal Bank along Follins Pond.
Notice of Intent Horsley Witten Group, Inc.
Follins Pond Boat Ramp, Yarmouth, MA March 2024
Page 6 of 11
2.4 Receiving Water and Watershed
Follins Pond boat ramp discharges stormwater into Follins Pond, an estuarine pond at the headwaters of
the Bass River. The pond provides habitat for shellfish growing areas. However, it is listed as impaired
for total nitrogen and nutrient/eutrophication biological indicators by the most recent Massachusetts
DEP 303(d) – 2018/2020 Integrated list of Waters, and APCC’s State of the Waters Report lists it as
unacceptable for nutrient loading.
Follins Pond is located in the Bass River Watershed, for which total maximum daily load documents
(TMDLs) have been developed for nitrogen. The full list of impairments for this portion of the watershed
is listed below, and a map showing these resources is included in Attachment A, Figure 4.
• Follins Pond (MA96-114) Yarmouth, Bass River Watershed – Impaired for total nitrogen and
nutrient/eutrophication biological indicators; Category 4a (TMDL completed) of the 2018/2020
Integrated List of Waters.
• Kelleys Bay (MA96-113) Yarmouth, Bass River Watershed – Impaired for total nitrogen and
nutrient/eutrophication biological indicators; Category 4a (TMDL completed) of the 2018/2020
Integrated List of Waters.
• Dinahs Pond (MA96-112) Yarmouth, Bass River Watershed – Impaired for total nitrogen and
nutrient/eutrophication biological indicators; Category 4a (TMDL completed) of the 2018/2020
Integrated List of Waters.
• Bass River (MA96-118) “Grand Cove” portion, Yarmouth, Bass River Watershed – Impaired for
total nitrogen and nutrient/eutrophication biological indicators; Category 4a (TMDL completed)
of the 2018/2020 Integrated List of Waters.
• Bass River (MA96-12) Headwaters outlet, Yarmouth, Bass River Watershed – Impaired for total
nitrogen, fecal coliform, and estuarine bioassessments; Category 4a (TMDL completed) of the
2018/2020 Integrated List of Waters.
2.5 Environmental Justice Communities
The project site is located approximately one mile of a mapped minority Environmental Justice
community (Image 1). The Commonwealth of Massachusetts states that Environmental Justice (EJ) is
based on the principle that all people have a right to be protected from environmental hazards and to
live in and enjoy a clean and healthful environment. The principle of EJ is the equal protection and
meaningful involvement of all people with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies and the equitable distribution of
environmental benefits.
In Massachusetts, a neighborhood is defined as an EJ population if one or more of the following four
criteria are true: the annual median household income is not more than 65 percent of the statewide
annual median household income; minorities comprise 40 percent or more of the population; 25
percent or more of households lack English language proficiency, or minorities comprise 25 percent or
more of the population and the annual median household income of the municipality in which the
Notice of Intent Horsley Witten Group, Inc.
Follins Pond Boat Ramp, Yarmouth, MA March 2024
Page 7 of 11
neighborhood is located does not exceed 150 percent of the statewide annual median household
income.
Although not located within an EJ area, Follins Boat Ramp is within an approximate 1.5-mile radius from
communities where 25% of households have a median household income 65% or less than the state
median household income (Image 2). The proposed retrofit project is anticipated to benefit this
community as well as the larger community in Yarmouth and the visiting public.
3.0 PROPOSED PROJECT
While minor portions of the project will occur within the Coastal Bank, LSCSF, and Salt Marsh and
Coastal Bank buffer zones to Follins Pond, much of the proposed work is located in the upper portions of
the watershed that will result in vast improvements to the downgradient resource areas. An overview of
the various project components and a discussion of the affected jurisdictional areas are described
below.
3.1 Project Elements
Overall, the proposed work will improve the management of over 1.7 acres of impervious cover. The
proposed project consists of the following stormwater and related site development improvements:
1 These data were obtained from https://www.mass.gov/infodetails/massgis-data-2020-environmental-justice-populations.
Image 2. Location of state-identified EJ Community east of the Follins Pond Boat Ramp1.
Notice of Intent Horsley Witten Group, Inc.
Follins Pond Boat Ramp, Yarmouth, MA March 2024
Page 8 of 11
• Regraded and resurfaced parts of Follins Pond Road, including resetting existing catch basin
rims, to better capture runoff;
• Regraded and resurfaced the southern portion of Gun Rock Road to better direct runoff;
• GSI including infiltration trenches and underground infiltration chambers; and
• Protection of as many existing mature trees as possible.
The proposed GSI system is designed to meet the following major objectives:
• Capture, treat, and infiltrate at least the first one inch of runoff; and
• Reduce peak flows and runoff volumes from the site by infiltrating the 25-year storm runoff
volume (chambers only).
Details of the proposed project are provided on the attached project plans, entitled “Follins Pond, Cape
Cod Boat Ramp Stormwater Retrofit Project – Permitting Plans, Yarmouth, MA,” dated January 2024
prepared by HW (Attachment C) and within the Stormwater Management Report, dated January 2024,
provided in Attachment D.
3.2 Affected Jurisdictional Areas
While focused on the boat ramp drainage area, the majority of the proposed stormwater retrofit project
is actually located outside of all resource areas, with just small portions occurring within the locally
regulated 0-35 and 35-50-foot buffer zones to Coastal Bank and LSCSF as seen in Table 1. Impacts within
the buffer zones include repaving/regrading of the existing boat ramp access road and associated
revegetation of disturbed areas.
Table 1. Summary of Resource Area Impacts
Jurisdictional Area
Impacts (SF)
Nature of Impact
Temporary Permanent
Coastal Bank (Linear Feet) 10 5 Regrading/Resurface of existing
pavement; Native planting
Coastal Flood Zone (LSCSF) (el. 9) 15 40 Regrading/Resurface of existing
pavement; Native planting
0-35-foot Buffer Zone to Coastal Bank
– Yarmouth 70 5 Regrading/Resurface of existing
pavement; Native planting
35-50-foot Buffer Zone to Coastal
Bank– Yarmouth -- -- Regrading/Resurface of existing
pavement.
0-100-foot Buffer Zone to Coastal Bank 70 5 Regrading/Resurface of existing
pavement.
Note: Resource area buffers overlap within the LOW; impacts are not additive.
4.0 PROTECTION OF RESOURCE AREA INTERESTS
As described in detail within the Stormwater Management Report (Attachment D), the primary purpose
of this retrofit project is to improve water quality within Follins Pond and its watershed. The proposed
grading and resurfacing, and addition of infiltration trenches, underground infiltration chambers and
Notice of Intent Horsley Witten Group, Inc.
Follins Pond Boat Ramp, Yarmouth, MA March 2024
Page 9 of 11
pre-treatment practices will allow for removal of pollutants (specifically, total suspended solids,
phosphorus, nitrogen, and bacteria) from the watershed and result in a subsequent improvement of
water quality within the receiving waters. While the retrofit project will necessarily occur within Coastal
Bank and LSCSF, the proposed project is designed to meet the performance standards for work within
the coastal resource areas.
4.1 Coastal Bank
The regulatory Coastal Bank (310 CMR 10.30(2)) to the east of the boat ramp in non-tiered with an area
of LSCSF existing in the area of the paved boat ramp. Performance standards for both functions are
addressed below.
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.
The project does not involve the construction of any coastal engineering structure. The proposed
stormwater retrofit project has been designed to minimize and mitigate prior impacts to this resource
area by redirecting and managing stormwater runoff.
(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.
The proposed project is not anticipated to have any adverse effect on the ability of the coastal bank to
provide sediments to the coastal beaches or land subject to tidal action. Proposed native plantings are
concentrated along the face of the coastal bank.
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:
Notice of Intent Horsley Witten Group, Inc.
Follins Pond Boat Ramp, Yarmouth, MA March 2024
Page 10 of 11
(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.
The proposed project is designed to retrofit the existing stormwater management system and regrade
an existing area of pavement. The installation of infiltration trenches will improve water quality by
storing stormwater runoff across the resources area and preventing it from entering Follins Pond and
downgradient waters. The work in total will have no adverse effects on the stability of the coastal bank.
4.2 Buffer Zone
Only minor work will occur within the locally protected 35-foot and 50-foot buffers to the Coastal Bank,
limited to regrading of pavement and resetting of existing catch basin rims that will also reduce the
volume of runoff entering Follins Pond. Minor impacts to vegetation within the road edges will be
reseeded with a native grass seed mix to stabilize temporary disturbances in these areas.
4.3 Erosion and Sedimentation Control
Controlling erosion and sedimentation from the construction site is important to meet the overall water
quality goals of this retrofit project, as well as to meet MASMS Standard 8. Given this site’s size (<1 acre
of disturbance), a NPDES Construction General Permit Stormwater Pollution Plan (SWPPP) is not
required. However, planning for effective erosion and sediment controls (ESCs) was important to this
project’s design, and so an ESC Plan is included in the design plans (Attachment C), along with a detailed
sequence of construction activities and ESC notes. Silt socks are proposed at the limit of work to protect
off-site areas and trees. Disturbed areas will be stabilized as soon as possible to minimize erosion and
sedimentation with pavement, seeding and/or erosion control blankets, if necessary. A Pollutant
Controls During Construction plan is also included in Attachment D that discusses these controls in more
detail. With these layered ESCs implemented throughout the site, discharge of sediment-laden runoff
during construction should be minimized to the maximum extent practicable.
The contractor will be required to establish these ESCs prior to beginning any other project-related
work. The ESC Plan will also establish the limit of work, beyond which the contractor will not be allowed
to perform any work. It is the contractor’s responsibility to monitor and correct erosion control practices
throughout the duration of the project. ESCs will not be removed until the project reaches completion as
directed by the project engineer or landscape architect.
4.4 Stormwater Management
The proposed stormwater management includes a GSI approach to capture, treat, infiltrate, and detain
runoff by using four stormwater GSI practices proposed throughout the site - three of the practices are
infiltration trenches and one is an underground infiltration chamber system. Pretreatment will be
provided with deep sump catch basins. The stormwater management systems were designed to meet
Standard 1, so that no new untreated stormwater runoff will be directed to any off-site areas or
resource areas.
Notice of Intent Horsley Witten Group, Inc.
Follins Pond Boat Ramp, Yarmouth, MA March 2024
Page 11 of 11
Since the proposed stormwater management system is a retrofit project undertaken solely to improve
water quality at the site, it falls under the redevelopment category in accordance with the
Massachusetts Stormwater Management Standards (MASMS 2008), as described in Massachusetts
Stormwater Handbook, Volume 1 Chapter 1. As a redevelopment project, the design is required to meet
the MASMS standards only to the maximum extent practicable (MEP). Overall, this project will
significantly improve conditions at the Follins Pond Boat Ramp and reduce on-going impacts to Follins
Pond and downstream resources. Details of the proposed stormwater design are provided in the project
plans (Attachment C) and in the Stormwater Management Report (Attachment D).
5.0 REFERENCES
Association to Preserve Cape Cod. 2022. State of the Waters: Cape Cod Report.
Cape Cod Commission. 2015. 208 Plan – Cape Cod’s Area Wide Water Quality Management Plan
Updated.
MassDEP. 2023. Final Massachusetts Integrated List of Waters for the Clean Water Act 2022 Reporting
Cycle. CN 568.1, Massachusetts Department of Environmental Protection, Bureau of Water
Resources, Division of Watershed Management, Watershed Planning Program. Worcester, MA
(Available at https://www.mass.gov/lists/integrated-lists-of-waters-related-reports).
Attachment A – Locus Maps
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Figure 1Locus Map
!(Follins Pond Boat RampDate:8/24/2023Data Sources:Bureau of GeographicInformation (MassGIS), ESRI
This map is for informational purposes andmay not be suitable for legal, engineering,or surveying purposes.0 600300
FeetI
FOLLINS POND Boat Ramp Cape Cod Boat Ramp Stormwa ter Re trofit Pro jectYarmouth, MA
Yarmouth
Site
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FOLLI
NS POND ROADAUNT DORAHS LANEPath: H:\Projects\2022\22032 CC Boat Ramp SW Retrofits\GIS\M aps\ReportFigureMaps\FollinsPond\Aerial.mxd
Figure 2Aerial
!(Follins Pond Boat RampDate:10/17/2023Data Sources:Bureau of GeographicInformation (MassGIS), ESRI
This map is for informational purposes andmay not be suitable for legal, engineering,or surveying purposes.
0 7537.5
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FOLLINS POND Boat Ramp Cape Cod Boat Ramp Stormwa ter Re trofit Pro jectYarmouth, MA
Yarmouth
Site
Follins Pond
National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250
Feet
Ü
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOOD
HAZARD AREAS
Without Base Flood Elevation (BFE)
Zone A, V, A99
With BFE or DepthZone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mileZone X
Future Conditions 1% Annual
Chance Flood HazardZone X
Area with Reduced Flood Risk due to
Levee. See Notes.Zone X
Area with Flood Risk due to LeveeZone D
NO SCREEN Area of Minimal Flood Hazard Zone X
Area of Undetermined Flood HazardZone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 1/10/2023 at 9:42 AM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
Legend
OTHER AREAS OF
FLOOD HAZARD
OTHER AREAS
GENERAL
STRUCTURES
OTHER
FEATURES
MAP PANELS
8
B 20.2
The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
1:6,000
70°11'31"W 41°42'49"N
70°10'53"W 41°42'23"N
Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 Figure 5 - FEMA Designation
!(
GUN ROCK ROAD
FOLLINS
POND
ROADAUNT DORAHS LANEPath: H:\Projects\2022\22032 CC Boat Ramp SW Retrofits\GIS\Maps\ReportFigureMaps\FollinsPond\Constraints.mxd
Figure 4Constraints
!(Follins Pond Boat RampShorelineOpen Water
Date:10/17/2023Data Sources:Bureau of GeographicInformation (MassGIS), ESRI
This map is for informational purposes andmay not be suitable for legal, engineering,or surveying purposes.
0 7537.5
FeetI
FOLLINS POND Boat Ramp Cape Cod Boat Ramp Stormwater Retrofit ProjectYarmouth, MA
Yarmouth
Site
Follins Pond
!(HamblinsBrook -MA96-133Bass River- MA96-12
Flax Pond- MA96090
Miss ThachersPond - MA96258
Swan PondRiver -MA96-14
ParkersRiver -MA96-38
ParkersRiver -MA96-38
ParkersRiver -MA96-38
Long Pond- MA96180
ElbowPond- MA96077
Seine Pond- MA96-110
Swan Pond- MA96-111
Follins Pond- MA96-114
Kelleys Bay- MA96-113Dinahs Pond- MA96-112
MillPond -MA96-117
MuddyCreek -MA96-115
Weir Creek- MA96-116
Bass River- MA96-118
White Pond- MA96338
!(
Path: H:\Projects\2022\22032 CC Boat Ramp SW Retrofits\GIS\Maps\ReportFigureMaps\FollinsPond\Impaired_Waters.mxd
Figure 5 Impaired Waters
!(Follins Pond Boat Ramp
2018/2020 Integrated List Data
4C - Impairment notcaused by a pollutant
3 - No uses assessed
4A - Impaired - TMDL iscompleted
4C - Impairment notcaused by a pollutant
Town Parcels
Date:8/24/2023Data Sources:Bureau of GeographicInformation (MassGIS), ESRI
This map is for informational purposesand may not be suitable for legal,engineering, or surveying purposes.
0 3,5001,750
FeetI
FOLLINS POND Boat Ramp Cape Cod Boat Ramp Stormwater Retrofit ProjectYarmouth, MA
Yarmouth
Site
Yarmouth
Dennis
Attachment B – Wetlands Report
MEMORANDUM
To: Jordan Mora, APCC
From: Ben Wollman, Wetland Scientist
Date: April 24, 2023
Re: Wetland Resources – Follins Pond Road Boat Ramp Stormwater Retrofit Site,
Yarmouth, MA
HW has prepared the following memo and site figures to document the wetland resource areas
at the referenced site and to provide regulatory context for future work.
General Site Description
The project site has proposed elements located at the southern end of Follins Pond Road, as
well as on Gun Rock Road, adjacent to the properties at 22 and 26 Gun Rock Road in
Yarmouth, Massachusetts, and is focused on stormwater management improvements in both of
these locations.
FEMA Designation
According to the FEMA National Flood Hazard Map (Community Panel No. 25001C0579J,
effective July 16, 2014), the portion of the site located at the southern end of Follins Pond Road
is located within a Special Flood Hazard Area, Zone AE (1% annual chance of flooding, with
base flood elevations of 9 feet) (Figure 1).
State-listed Rare Species Habitat and Open Space
According to the most recent version of the Massachusetts Natural Heritage Atlas (15th Edition,
August 1, 2021), there are no areas of Estimated Habitat of Rare Wildlife and Certified Vernal
Pools or Priority Habitat of Rare Species located at the site, as designated by the
Massachusetts Natural Heritage and Endangered Species Program (NHESP).
Wetland Resource Areas
The site supports coastal wetland resource areas, as defined under the Massachusetts
Wetlands Protection Act (M.G.L. Ch. 131 § 40) and the Town of Yarmouth Wetlands Protection
By-law (Chapter 143) and their respective regulations. Horsley Witten Group, Inc. (HW) wetland
biologists identified and delineated these resource areas during a site visit on January 10, 2023.
Jurisdictional areas identified on or adjacent to the site include Salt Marsh; Coastal Bank; Land
Subject to Coastal Storm Flowage (LSCSF); and the 35-foot, 50-foot, and 100-foot Buffer Zones
to Salt Marsh and Coastal Bank. Additional resource areas present adjacent to the site include
Jordan Mora, APCC
April 24, 2023
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Figure 1. Excerpt from Federal Emergency Management Agency (FEMA) FIRMette for the subject site.
Land Under Waterbodies and Waterways (LUW) and Banks of Land Under the Ocean, Ponds,
Streams, Rivers, Lakes, or Creeks that Underlie an Anadromous/Catadromous Fish Run (“Fish
Run”). The site also occurs within a Coastal Watershed Area; however, the proposed project
activities do not incorporate any of the prohibited practices referenced in section 2.11(1)(b)(1-6)
of the Yarmouth Wetland Regulations. HW followed wetland resource area identification and on-
site delineation procedure guidelines described in the Massachusetts Department of
Environmental Protection (MassDEP) handbook, entitled Delineating Bordering Vegetated
Wetlands Under the Massachusetts Wetlands Protection Act (March, 1995), Massachusetts
Wetlands Protection Act (M.G.L. Ch. 131 § 40), and its implementing Regulations (310 CMR
10.00), and the Town of Yarmouth Wetlands Protection By-law (Chapter 143) and associated
Town of Yarmouth Wetland Protection Regulations. Additionally, State Coastal Bank
determinations were made following the DEP Program Policy 92-1: Coastal Banks (March
1992).
Prior to conducting field delineations, HW reviewed existing source data, including USGS
Geological Survey 7.5 minute topographic maps, Massachusetts Department of Environmental
Protection (MassDEP) wetlands source data available through the Massachusetts Geographic
Information System (MassGIS), USDA Natural Resources Conservation Service (NRCS) soils
survey, U.S. Fish and Wildlife Service National Wetland Inventory (NWI) maps, and other
source data to identify the presence of jurisdictional wetlands and waters of the United States
within the site. This information was used to compile base mapping to assist in the
understanding of the hydrologic variables, soils conditions, and vegetation communities (where
applicable).
A brief description of the regulatory definitions and the observed resources areas is provided
below.
Jordan Mora, APCC
April 24, 2023
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Salt Marsh
Salt Marsh is defined at 310 CMR 10.32(2) as “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 are salt meadow cord grass (Spartina patens) and/or saltmarsh cordgrass (Spartina
alterniflora). A salt marsh may contain tidal creeks, ditches and pools.” The Town of Yarmouth
Wetland Protection Regulations defines Salt Marsh similarly.
The site supports Salt Marsh areas to the east and west sides of the boat ramp at the end of
Follins Pond Road. To the west of the boat ramp the Salt Marsh vegetation is relatively dense
and continuous within the tidal zone, extending up to the base of the Coastal Bank where the
slope then rises steeply to the north and the vegetation transitions to upland species. To the
east of the boat ramp the Salt Marsh vegetation covers most of the land surface within the tidal
zone, but the area is more of a mosaic of coverage types, with patches of Coastal Beach areas
present between sections of the Salt Marsh, which is comprised of a mix of sand and pebble
material. This mosaic of coverage types also extends landward to the base of the Coastal Bank,
where there is a similar steep slope rising to the north. Common species observed in the Salt
Marsh at the site include smooth cordgrass (Spartina alterniflora), saltmarsh rush (Juncus
gerardii), maritime marsh-elder (Iva frutescens), and eastern false willow (Baccharis halimifolia).
HW delineated the landward boundary of the Salt Marsh with a series of consecutively
numbered blue flagging stations labeled SM 1 – SM 4 (west of the boat ramp) and SM 5 – SM
10 (east of the boat ramp).
Photo 1. View of the Salt Marsh to the west of the boat ramp.
Jordan Mora, APCC
April 24, 2023
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Photo 2. View of the Salt Marsh to the east of the boat ramp.
Coastal Bank
Coastal Bank is defined at 310 CMR 10.30(2) as “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.”
Coastal Bank is defined by at 2.05(2) of the Yarmouth Wetland Protection Regulations as “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.”
Coastal Bank is present at the site along the east and west sides of southern end of Follins
Pond Road, at the 36 Follins Pond Road and 53 Aunt Dorahs Lane properties, respectively. The
Coastal Bank on both sides of the road is primarily vegetated with native trees, with some
sections along the western bank containing a mix of native and non-native vines. Near the top of
the eastern Coastal Bank there is a stone wall and landscape beds associated with the 36
Follins Pond Road residence. Additionally, there is a set of wooden stairs that traverse the bank
at the 36 Follins Pond Road property, to provide water access to the residents, and there
appears to be a maintained view corridor in line with the dwelling in the vicinity of the stairway.
The area landward of the Coastal Bank on the west side of the road remains relatively naturally
vegetated at the western side of the 53 Aunt Dorahs property, with similar species to those
growing on the face of the Coastal Banks; however, there is also an apparent view corridor in
line with the dwelling, where vegetation is actively being maintained. The two most common
species observed along the Coastal Banks include pitch pine (Pinus rigida) and black oak
(Quercus velutina), with additional smaller quantities of species noted that include white pine
(Pinus strobus), poison ivy (Toxicodendron radicans), roundleaf greenbrier (Smilax rotundifolia),
Virginia creeper (Parthenocissus quinquefolia), and Asiatic bittersweet (Celastrus orbiculatus).
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To determine the State regulatory limits of the Coastal Bank, HW established transects along
the face of the Coastal Bank (with white flagging stations) on both sides of Follins Pond Road in
accordance with the DEP Program Policy 92-1. Transect 1 (T1) is located on the east side of
the road and Transect 2 (T2) is located on the west side of the road. Both Transect 1 and
Transect 2 conform to Figure 2 of DEP’s Program Policy 92-1.
To determine the local regulatory limits of the Coastal Bank, HW established a series of
consecutively numbered white flagging stations along the landward boundary of the Coastal
Banks where the first significant break in slope occurred. The flagging stations were labeled
TOCB 1 – TOCB 5 (west side of the road) and TOCB 6 – TOCB 9 (east side of the road).
Photo 3. View of the Coastal Bank present along the east side of Follins Pond Road.
Jordan Mora, APCC
April 24, 2023
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Photo 4. View of the Coastal Bank present along the west side of Follins Pond Road.
Land Subject to Coastal Storm Flowage
Land Subject to Coastal Storm Flowage is defined at 310 CMR 10.04 as “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, which ever is greater.”
The project site elements at the southern end of Follins Pond Road are located within a Special
Flood Hazard Area, Zone AE (1% annual chance of flooding, with base flood elevations of 9
feet) (see Figure 1 above).
Invasive Species
Invasive plants (as defined by the Massachusetts Invasive Plant Advisory Group) were present
at or near the site but were isolated to a small area of the Coastal Bank just west of Follins Pond
Road and limited in abundance. Asiatic bittersweet was the only invasive species noted to be
present in this location. The Massachusetts Invasive Plant Advisory Group identifies invasive
plant species as “non-native species that have spread into native or minimally managed plant
systems in Massachusetts,” and which “cause economic or environmental harm by developing
self-sustaining populations and becoming dominant and/or disruptive to those systems.” For
future planning purposes, the Town may wish to develop a management plan for reducing or
eliminating these plants at this site to allow for the establishment of naturally vegetated
protective buffers to the wetland resource areas.
If you have any questions regarding our findings, or if HW may be of further assistance, please
do not hesitate to contact me directly at bwollman@horsleywitten.com or at (508) 833-6600.
Attachment C – Project Plans
Follins Pond Boat Ramp, Cape Cod Boat Ramp Stormwater Retrofit Project – Permitting Plans
Yarmouth, MA
prepared by Horsley Witten Group, Inc.
January 2024
Attachment D – Stormwater Management Report
prepared by Horsley Witten Group, Inc.