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HomeMy WebLinkAboutNOIPartial Culvert Replacement Setucket Road Yarmouth, Massachusetts Prepared for March 21, 2024 Prepared by NOTICE OF INTENT Building Strong Client Relationships Through Engineering Excellence Town of Yarmouth Notice of Intent Town of Yarmouth Partial Culvert Replacement – Setucket Road Green No. 23089 Page i TABLE OF CONTENTS NOTICE OF INTENT FORMS .................................................................................................................. III 1.0 PROJECT DESCRIPTION ................................................................................................................ 5 1.1 EXISTING CONDITIONS ......................................................................................................................... 5 1.2 PROPOSED CONDITIONS ...................................................................................................................... 6 1.3 PROJECT PLAN LIST ............................................................................................................................... 6 2.0 PROJECT IMPACTS ....................................................................................................................... 7 2.1 WETLAND RESOURCE AREAS ................................................................................................................ 7 2.1.1 Bordering Vegetated Wetlands (BVW) ................................................................................... 7 2.1.2 Buffer Zone ............................................................................................................................. 8 2.1.3 Local Bylaw Resource Areas.................................................................................................... 8 2.2 REGULATORY COMPLIANCE ................................................................................................................. 8 2.2.1 Resource Areas Impacts .......................................................................................................... 8 2.2.2 Stormwater Management ...................................................................................................... 9 2.2.3 Rare Species ............................................................................................................................ 9 2.2.4 Water Quality .......................................................................................................................... 9 2.2.5 Area of Critical Environmental Concern ................................................................................. 9 2.3 SUMMARY OF AVOIDANCE, MINIMIZATION AND MITIGATION MEASURES ...................................... 10 APPENDICES ....................................................................................................................................... 11 APPENDIX A – WETLAND DELINEATION MEMORANDUM ................................................................... 12 APPENDIX B – FIGURES ...................................................................................................................... 13 APPENDIX C – PHOTO LOG ................................................................................................................. 14 APPENDIX D – ABUTTER NOTIFICATION INFO ..................................................................................... 15 APPENDIX E – STORMWATER MANAGEMENT MEMO ........................................................................ 16 APPENDIX F – NOI PLAN SET (BOUND SEPARATELY) ........................................................................... 17 FIGURES Figure 1 – USGS Topographic Map Figure 2 – Aerial Map Figure 3 – Protected Resource Area Map Figure 4 – FEMA Map March 21, 2024 Ms. Brittany DiRienzo, Conservation Administrator Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Subject: Partial Culvert Replacement Setucket Rd Yarmouth, MA Notice of Intent Submittal Dear Ms. DiRienzo: On behalf of the Town of Yarmouth (Town), Green International Affiliates, Inc. (Green) is pleased to submit the enclosed Notice of Intent (NOI) to the Yarmouth Conservation Commission pursuant to the Massachusetts Wetlands Protection Act (WPA) Regulations and its implementing regulations 310 CMR 10.00, as well as pursuant to the Town of Yarmouth Wetland Protection Regulations, for work within the 100-foot Buffer Zone, as well as work within the Town of Yarmouth’s Local Buffer Zones to Bordering Vegetated Wetlands (BVW). As this is a Municipal project, the project is subject to local wetlands bylaw and abutters notification is required per 310 CMR 10.05(4)(b). The purpose of this project is to restore the general drainage function of the existing (collapsed) 6-inch clay culvert and replace a section of it with a new 6-inch High Density Polyethylene (HDPE) pipe. The collapsed 6” clay culvert runs from the wetland area located north of Setucket Road to a buried drain manhole (DMH) structure, located on the north sidewalk, before it changes to a 12-inch reinforced concrete pipe (RCP) and daylights on the southeasterly side of the intersection of Setucket Road with Aunt Dorah’s lane to a narrow drainage ditch. The proposed work associated with the project will be limited to drainage improvements and there will be no improvements to the roadway associated with this project. The proposed project will not increase impervious area; therefore, stormwater mitigation measures are not proposed as part of this project. Enclosed are the following items included with this submission: •One (1) hard copy of the NOI Application (includes Administrative Checklist and WPA 3 form) •Seven (7) hard copies of full size (24x36) sets of drawings An electronic PDF file of the entire package is being emailed to bdirienzo@yarmouth.ma.us. As required by regulation, one (1) copy of the above submittal is being provided concurrently to the Massachusetts DEP Southeast Regional Office. We respectfully request that this project be placed on the Conservation Commission agenda for the hearing scheduled on April 4, 2024. Should you have any questions regarding this submittal, please do not hesitate to contact me. TRANSPORTATION | STRUCT U RAL | WATE R RE SOURCE S | CIV IL / S I T E O ffic e s in M a ssa c hu se tts a n d R h o de Isl a n d Ms. Brittany DiRienzo, Conservation Administrator March 21, 2024 Page 2 of 2 Very Truly Yours, Green International Affiliates, Inc. Danielle H. Spicer, P.E. Stormwater & Permitting Group Leader cc: DEP Southeast Region File 23089 \\Egnytedrive\Greenintl\Shared\Engineering\Projects\2023\23089\DOCS\PERMITS\NOI\Let_NOI_23089.Doc Notice of Intent Town of Yarmouth Partial Culvert Replacement – Setucket Road Green No. 23089 Page 3 NOTICE OF INTENT FORMS wpaform3.doc • rev. 6/18/2020 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 218 Setucket Rd, Setucket Rd, area west of 218 Setucket Rd across from Aunt Dorah's Ln Yarmouth b. City/Town 02675 c. Zip Code Latitude and Longitude: 41°42'42"N d. Latitude 70°11'22"W e. Longitude 136 f. Assessors Map/Plat Number N/A g. Parcel /Lot Number 2. Applicant: Nathan a. First Name Whetten b. Last Name Town of Yarmouth Department of Public Works c. Organization 74 Town Brook Road d. Street Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 508-398-2231 h. Phone Number i. Fax Number NWhetten@yarmouth.ma.us j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Danielle a. First Name Spicer b. Last Name Green Internaional Affiliates, Inc. c. Company 100 Ames Pond Drive, Suite 200 d. Street Address Tewkesbury e. City/Town MA f. State 01876 g. Zip Code 978-843-5218 h. Phone Number i. Fax Number dspicer@greenintl.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): Fee exempt a. Total Fee Paid Fee exempt b. State Fee Paid Fee exempt c. City/Town Fee Paid wpaform3.doc • rev. 6/18/2020 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town A. General Information (continued) 6. General Project Description: to restore the general drainage function of the existing (collapsed) 6-inch clay culvert and replace a section of it with a new 6-inch High Density Polyethylene (HDPE) pipe. (see porject Narrative for details) 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 310 CMR 10.53(3)(d) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) 5859 c. Book 27 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 6/18/2020 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: 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) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 6/18/2020 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 6/18/2020 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 2021 b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review∗ 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ∗∗ (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site ∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 6/18/2020 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Hull to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 6/18/2020 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 6/18/2020 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town D. Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. See attached list a. Plan Title Green International Affiliates, Inc b. Prepared By Shahin Shain, P.E. c. Signed and Stamped by d. Final Revision Date As shown on each plan e. Scale f. Additional Plan or Document Title 03/15/2024 g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: N/A 2. Municipal Check Number N/A 3. Check date N/A 4. State Check Number N/A 5. Check date N/A 6. Payor name on check: First Name N/A 7. Payor name on check: Last Name Danielle Spicer3/18/2024 noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A.Applicant Information 1.Location of Project: 218 Setucket Rd, Setucket Rd, area west of 218 Setucket Rd across from Aunt Dorah's Ln Yarmouth b.City/Town N/A c.Check number Fee Exempt d.Fee amount 2.Applicant Mailing Address: Nathan a.First Name Whetten b.Last Name Town of Yarmouth Department of Public Works c.Organization 74 Town Brook Road d. Mailing Address West Yarmouth e.City/Town MA f. State 02673 g.Zip Code 508-398-2231 h.Phone Number i. Fax Number NWetten@yarmouth.ma.us j.Email Address 3.Property Owner (if different): a.First Name b.Last Name c.Organization d. Mailing Address e.City/Town f. State g.Zip Code h.Phone Number i. Fax Number j.Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B.Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Category 2 - inland limited projects 1 $500 $500 Step 5/Total Project Fee: $500 Step 6/Fee Payments: Total Project Fee: Fee exempt a. Total Fee from Step 5 State share of filing Fee: Fee exempt b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: Fee Exempt c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Notice of Intent Town of Yarmouth Partial Culvert Replacement – Setucket Road Green No. 23089 Page 4 (This page is left blank for double sided printing) Notice of Intent Town of Yarmouth Partial Culvert Replacement – Setucket Road Green No. 23089 Page 5 1.0 PROJECT DESCRIPTION This Notice of Intent Application has been prepared for the Partial Culvert Replacement Project located on Setucket Road north of its intersection with Aunt Dorah’s Lane in the Town of Yarmouth, MA (see Figure 1 – USGS Locus Map and Figure 2 – Aerial Locus Map). The purpose of this project is to restore the general drainage function of the existing (collapsed) 6-inch clay culvert and replace a section of it with a new 6-inch High Density Polyethylene (HDPE) pipe. The collapsed 6” clay culvert runs from the wetland area located north of Setucket Road to a buried drain manhole (DMH) structure, located on the north sidewalk, before it changes to a 12-inch reinforced concrete pipe (RCP) and daylights on the southeasterly side of the intersection of Setucket Road with Aunt Dorah’s lane to a narrow drainage ditch. The proposed work associated with the project will be limited to minor drainage improvements. As this project will consist only of drainage improvements and does not increase impervious area, it is categorized as a “Redevelopment” under the Massachusetts Stormwater Standards. The project will result in no changes to the impervious area on site; therefore, stormwater mitigation is not proposed as a part of this project. This Notice of Intent (NOI) is being submitted to the Yarmouth Conservation Commission pursuant to the Massachusetts Wetlands Protection Act (WPA) Regulations and its implementing regulations 310 CMR 10.00 for work within the 100-foot Buffer Zone to Bordering Vegetated Wetlands (BVW) only, as well as pursuant to the Town of Yarmouth Wetland Protection Regulations, which also regulates work within the 50-foot and 35-foot wetland buffer zones (undisturbed natural vegetative buffer). As this is a Municipal project, the project is subject to local wetlands bylaw and abutters notification is required per 310 CMR 10.05(4)(b). Limited Project Provisions This Project meets the criteria of the Limited Project provisions of the WPA listed in the 310 CMR 10.53(3)(d): the construction, reconstruction, operation and maintenance of underground and overhead public utilities, such as electrical distribution or transmission lines, or communication, sewer, water and natural gas lines. 1.1 EXISTING CONDITIONS The proposed project is located north of the intersection of Setucket Road and Aunt Dorah’s Lane in the Town of Yarmouth. As mentioned above, the existing 6-inch culvert at this location has collapsed. Based on Town’s information and our understanding, the existing 6-inch pipe is responsible for collecting the water from the headwall located upstream north of Setucket Road and discharges to a buried drain manhole (DMH) structure located on the north sidewalk of Setucket Road. From the buried DMH, a 12-inch RCP daylights on the southeasterly side of the intersection of Setucket Road with Aunt Dorah’s Lane through a 12-inch RCP outfall. Because a portion of this pipe was found to have collapsed starting at the headwall (outlet of wetland), higher water levels have been observed on the area north of the Setucket Road that could cause flooding to adjacent properties. This existing culvert, from the headwall (outlet of wetland) to the 12-inch outlet (south easterly side of the intersection), is approximately 210 feet long and approximately 11 feet beneath Setucket Road. It should be noted that under existing conditions, the owners of the properties on the downstream side of Setucket Road have been experiencing less or no flow since the flow is unable to be conveyed through Notice of Intent Town of Yarmouth Partial Culvert Replacement – Setucket Road Green No. 23089 Page 6 the collapsed culvert at Setucket Road. The ditch on this side is only collecting surface runoff from the surrounding catchment areas. The surrounding land use consists primarily of residential single-family homes, deciduous forest, and other developed open space. Additionally, there is one forested wetland area located approximately 60 feet north of the proposed project (see Figure 3 - Protected Resource Areas Map and Appendix A - the Wetland Delineation Memorandum for details). 1.2 PROPOSED CONDITIONS The goal of the proposed project is to improve upon the existing drainage conditions in the area north of Aunt Dorah’s Lane intersection with Setucket Road due to drainage issues resulting from the collapsed culvert. The proposed drainage improvements will include the installation of a new catch basin with a beehive grate located north of Setucket Road, between the wetland area and the existing roadway. The project proposes to install a new 45-foot 6-inch diameter HDPE pipe, adjacent to the collapsed culvert, connecting the new catch basin with a new eccentric drain manhole (DMH), which will be installed within Setucket Road as shown on the site plan. The existing buried DMH in this location will be removed and disposed. Additionally, the project will include minor regrading and placement of rip rap in the area surrounding the location of the new catch basin in order to create a berm between the existing headwall at the outfall of the 18-inch RCP and the new catch basin. While the proposed drainage improvements will not replace the entire length of the existing collapsed 6-inch culvert, they will provide an improvement over existing conditions because in the event that the ponded water in the wetland area overtops the proposed berm, water will enter the new catch basin and be conveyed below Setucket Road through the new 6-inch HDPE pipe, and the new DMH structure to the existing outfall located southeast of the intersection of Aunt Dorah’s Lane and Setucket Road. The proposed work associated with the proposed culvert replacement also includes removal and disposal of the existing drain manhole located within Setucket Road, removal of the existing rip rap, and removal of one 8-inch tree. All other trees in the vicinity will be protected and retained. Within the roadway, the disturbed pavement area and bituminous sidewalk will be repaved and restored after construction. Outside of the roadway, the disturbed grass area will be restored to existing conditions. There will be no improvements to the roadway and no changes to the impervious area associated with this project. The Contractor will be prohibited from any fueling of vehicles or equipment within the buffer zone. Stockpiles of bulk material will be contained by a ring of compost filter tubes. Catch basins that could receive runoff from construction areas or staging areas will be equipped with basin inserts to intercept any sediment before storm drains transport it to local water courses. 1.3 PROJECT PLAN LIST The following plan sheets are included with this Notice of Intent in Appendix F: Sheet Title Prepared by Date C-01 Title Sheet & Index Green International Affiliates 3/15/2024 C-02 Notes & Legend Green International Affiliates 3/15/2024 C-03 Existing Conditions Plan Green International Affiliates 3/15/2024 C-04 Site Plan Green International Affiliates 3/15/2024 C-05-C-07 Site Details Green International Affiliates 3/15/2024 Notice of Intent Town of Yarmouth Partial Culvert Replacement – Setucket Road Green No. 23089 Page 7 2.0 PROJECT IMPACTS 2.1 WETLAND RESOURCE AREAS The Wetland Resource Areas on the Project Site are regulated under Federal, State and Local regulatory programs including: • Section 404 of the Clean Water Act (CWA) which is administered by the U.S. Army Corps of Engineers (ACOE) • Section 401 of the CWA which is overseen by the Massachusetts Department of Environmental Protection (DEP) • Massachusetts Wetlands Protection Act (WPA) and 310 CMR 10.00 which is administered by the Local Conservation Commission or (upon appeal) by DEP • The Town of Yarmouth has its own Wetland Protection Bylaw, hereinafter referred to as the local “Bylaw” The Wetlands Protection Act (Massachusetts General Laws (MGL) Chapter 131, Section 40 protects wetlands and the public interests they serve, including protection of public and private water supply and ground water supply, flood control, prevention of storm damage and pollution, land containing shellfish, fisheries, and wildlife habitat. The Town of Yarmouth Wetland Bylaw protects all wetland resource areas protected in M.G.L. c. 131, § 40 and its regulations: 310 CMR 10.00 et seq. The Bylaw also regulates activities within local buffer zones/setbacks by establishing requirements for a 35-foot undisturbed natural vegetative buffer zone (no- disturb zone) and a 50-foot undisturbed natural vegetative buffer zone. 2.1.1 Bordering Vegetated Wetlands (BVW) Per 310 CMR 10.55(1), Bordering Vegetated Wetlands (BVWs) are likely to be significant to public or private water supply, to ground water supply, to flood control, to storm damage prevention, to prevention of pollution, to the protection of fisheries and to wildlife habitat. A delineation of the wetland boundaries in the vicinity of the project site was completed by Green on January 15, 2024 in accordance with the methodology outlined in the Regulations at 310 CMR 10.55 and the DEP handbook Delineating Bordering Vegetated Wetlands Under Massachusetts Wetlands Protection Act. Hydrophytic vegetation was based upon the US Fish and Wildlife Service National List of Plant Species That Occur in Wetlands, as well as all plant species listed in the Act. Wetland hydrology includes hydric soils, which were determined based upon the interagency document Field Indicators for Identifying Hydric Soils in New England. This methodology is consistent with the three-parameter approach required for the delineation of federal wetlands as outlined in the Corps of Engineers Wetland Delineation Manual. The wetlands are identified in further detail in Appendix A and are depicted on Figure 3, Protected Resource Area Map in Appendix B. Notice of Intent Town of Yarmouth Partial Culvert Replacement – Setucket Road Green No. 23089 Page 8 2.1.2 Buffer Zone The 100-foot Buffer Zone (established through 310 CMR 10.02) is a 100-foot offset from of an area specified in 310 CMR 10.02(1)(a), including the BVWs, the inland bank of intermittent streams, lakes and ponds. The project area is located within the 100-foot Buffer Zone to the BVW. Within the project site, the Buffer Zone consists primarily of forested area with some areas of exposed soil. The 100-foot Buffer Zone also contains a small area of rip rap at the outfall of the existing 18-inch RCP. 2.1.3 Local Bylaw Resource Areas In addition to the WPA buffers, the Town of Yarmouth regulates activities within a local 35-foot undisturbed natural vegetative buffer zone (no-disturb zone) and a 50-foot undisturbed natural vegetative buffer zone. Where a 50-foot undisturbed buffer zone exists prior to the proposed work, and shall remain intact upon project completion, further buffer zone enhancement shall not be required. Where a 50-foot undisturbed buffer zone does not exist prior to the proposed work, any work proposed within the 100-foot buffer zone shall be subject to mitigation planting requirements intended to restore, in so far as is possible, both the dimensions of a 50-foot undisturbed buffer and its vegetation. The proposed work will take place within the 100-foot Buffer Zone to BVW only. There will be no work within the local 35-foot and 50-foot Buffer Zones (see attached NOI Plans in Appendix F). 2.2 REGULATORY COMPLIANCE Pursuant to 310 CMR 10.53(3), the project has been designed to avoid wetland resource area impacts to the maximum extent practicable and will mitigate unavoidable resource area impacts in accordance with state and local regulations. No replication is required for the proposed project, since there are no direct impacts to BVWs. Restoration of the impacted resource areas is provided to contribute to the protection of the interests identified in M.G.L. c. 131, § 40. 2.2.1 Resource Areas Impacts The project site construction impacts to the wetland resources are limited to areas within the 100-foot Buffer Zone to BVWs. To minimize the impact to the buffer zones, proper erosion and sediment controls will be installed during construction. 100-foot Buffer Zone The proposed project is located within the 100-foot Buffer Zone to BVW under the WPA jurisdiction. No buildings are proposed as part of this project; work within the 100-foot Buffer Zone to BVW is limited to the proposed drainage improvements. The proposed work within the 100-foot Buffer Zone will include the installation of the proposed new catch basin with a beehive grate between the wetland area and the existing roadway, the installation of the new 45-foot 6-inch HDPE pipe adjacent to the collapsed culvert, connecting the new catch basin with a new eccentric drain manhole (DMH), the removal of the existing buried DMH, as well as minor regrading and placement of rip rap in the area surrounding the location of the new catch basin in order to create a berm between the existing headwall at the outfall of the 18-inch RCP and the new catch basin. The proposed work within the buffer zone will not change the impervious Notice of Intent Town of Yarmouth Partial Culvert Replacement – Setucket Road Green No. 23089 Page 9 cover. None of the proposed drainage improvements will occur within the Town of Yarmouth Local Bylaw Buffer Zones. Temporary impacts are associated with placement of the construction equipment access and staging. All temporarily disturbed areas will be stabilized upon completion of work. Erosion and sediment control Best Management Practices (BMPs) will be installed during construction to protect adjacent resource areas, which will temporarily impact the buffer zones. These BMPs ensure the land disturbance within the Buffer Zone does not negatively impact resource areas and will secure the protection of those interests. The erosion controls will be maintained in good condition until on-site soils are stabilized. All areas will be permanently stabilized following the completion of construction work. 2.2.2 Stormwater Management Stormwater management for this project has been designed in compliance with the Stormwater Management Standards as outlined in 310 CMR 10.05(6)(k) through (q) and defined in detail in the DEP’s Stormwater Management Handbook. The project has been designed to maintain existing stormwater conditions while minimizing impacts to nearby resource areas from both the construction and operation of the proposed project. A Stormwater Management Memo documenting compliance with the DEP’s Stormwater Management Standards is attached as Appendix E to this report. 2.2.3 Rare Species The project site is not located within an area designated as a Priority Habitat of Rare Species or Estimated Habitat of Rare Wildlife by the Natural Heritage & Endangered Species Program (NHESP) 2021 Maps. There are no Certified Vernal Pools in the vicinity of the project area; however, the area within the flagged BVW A- series is inundated with standing water and as such it has been determined that the BVW qualifies as a Potential Vernal Pool (PVP), as noted in the Wetland Delineation Memorandum in Appendix A. Vernal pools are not a wetland resource area in and of itself, and are not mentioned in the Yarmouth Wetland Protection Bylaw or Regulations. Therefore, the Town of Yarmouth does not have any additional regulations or buffers to Potential Vernal Pools. 2.2.4 Water Quality Per MassGIS online data mapping, there are no Outstanding Resource Waters (ORW), Special Resource Waters, or cold-water fisheries either crossing or located adjacent to the project area. However, the site is located within the Yarmouth Water Department Zone II Wellhead Protection Area, which is considered a stormwater “critical” area. (see Figure 3 in Appendix B). 2.2.5 Area of Critical Environmental Concern Per MassGIS online data mapping, the project site is not located within an Area of Critical Environmental Concern (ACEC) (See Figure 3 in Appendix B). Notice of Intent Town of Yarmouth Partial Culvert Replacement – Setucket Road Green No. 23089 Page 10 2.3 SUMMARY OF AVOIDANCE, MINIMIZATION AND MITIGATION MEASURES • The proposed improvements will not result in new untreated point source discharges created as a result of this project. • All work will be done in a manner that will limit the impacts to adjacent resource areas. • The proposed improvements will contribute to the interests of the WPA (public or private water supply, to ground water supply, to flood control, to storm damage prevention, to the prevention of pollution and to the protection of fisheries and wildlife habitat) by providing drainage improvements and replacing failed culvert. • The proposed drainage improvements will provide an improvement over existing conditions and reduce potential flooding to adjacent properties due to the existing collapsed culvert. • Wetland mitigation is not required since the project does not result in the loss of BVWs. • Flood storage compensation is not required since the project does not result in a loss of flood storage within Bordering Land Subject to Flooding (BSLF). • There are no fisheries, land containing shellfish or significant wildlife habitat located within or in close proximity to the project area, therefore the project will not negatively impact these interests of the WPA. • Erosion and Sediment Control To protect the resource areas and interests of the WPA during construction, a combination of erosion and sediment control measures will be installed as shown on the attached plan set. Primary erosion control techniques may include compost filter tubes and sedimentation fence barriers. The Contractor will have a stockpile of materials required to control erosion on-site to be used to supplement or repair erosion control devices. These materials will include, but are not limited to, compost filter tubes, sedimentation fence, site bags for catch basins, erosion control matting and crushed stone. The erosion controls will be maintained in good condition until on- site soils are stabilized. All areas will be permanently stabilized following the completion of construction work. Notice of Intent Town of Yarmouth Partial Culvert Replacement – Setucket Road Green No. 23089 Page 11 APPENDICES Notice of Intent Town of Yarmouth Partial Culvert Replacement – Setucket Road Green No. 23089 Page 12 APPENDIX A – WETLAND DELINEATION MEMORANDUM MEMORANDUM CIVIL AND STRUCTURAL ENGINEERS Page 1 of 3 Introduction This memo is to describe the types and extents of wetlands and wetland jurisdictional areas at the above- referenced site. Wetland delineation work was performed on January 15, 2024, in conformance with the Massachusetts Wetlands Protection Act (MGL c. 131, §40) (WPA) and its Regulations (310 CMR 10.00). The area of interest is located around the Covey Drive and Setucket Road intersection in Yarmouth, Massachusetts. Wetland Resource Areas The wetland resources present at this site are located north of Setucket Road and in the woods between Covey Drive and North Dennis Road. There is one wetland resource area present on the project site, however, the proposed project does not anticipate any direct wetland impacts. It consists of one Bordering Vegetated Wetland flag series. It should be noted that the proposed work is located within the 100-foot Buffer Zone to the wetland. The Town of Yarmouth also regulates a 35-foot and 50-foot “Undisturbed Buffer Zone” from wetland resource areas, which all proposed work will be outside of. Additionally, it should be noted that the flagged area also represents the presence of a Potential Vernal Pool (PVP) Habitat. Vernal pools are areas of seasonal ponding or flooding that support certain kinds of wildlife breeding habitat, as well as species that are obligate to the habitat provided by these areas. Vernal pools are not a wetland resource area in and of itself, and are not mentioned in the Yarmouth Wetland Protection Bylaw or Regulations. Therefore, the Town of Yarmouth does not have any additional regulations or buffers to Potential Vernal Pools. Vernal pools must also be certified by the Massachusetts Division of Fisheries & Wildlife’s Natural Heritage and Endangered Species Program (NHESP) in order to receive protection as a) a special subset of wildlife habitat under the WPA / 310 CMR 10.00 and as a Class B Outstanding Resource Water under the Massachusetts Water Quality Certification Regulations (314 CMR 9.00). This Potential Vernal Pool has not been certified by NHESP, to my knowledge. If certified, there is a 100’ Vernal Pool Wildlife Habitat Protection To: Danielle Spicer, P.E., Green International Affiliates, Inc. Cc: Oxana Fartushnaya, Green International Affiliates, Inc. From: Brandon Faneuf, PWS Date: February 21, 2024 Project Name: Setucket Road 12” Culvert Replacement – Yarmouth, MA Project Number: Green No. 23089.0104 Subject: Wetland Description Wetland Description February 21, 2024 Green Project No. 23089.0104 Page 2 of 3 Zone associated with it. However, the extent of this zone is limited to its extent within other resource areas, and does not extend into the Buffer Zone. As mentioned above, all work will take place outside of the BVW in the Buffer Zone. A table of wetland resource areas flagged, Table 1, is listed below. Table 1. Wetland Resource Areas Flag Series Wetland Type Approx. Location A1-A26 Bordering Vegetated Wetland w/ 100’ Buffer zone under 310 CMR 10.00 and 35’ and 50’ Undisturbed Buffer Zones under the Town of Yarmouth Wetland Protection Regulations. North of Setucket Road and in the woods between Covey Drive and North Dennis Road. Additionally, as shown on the most recent FEMA National Flood Hazard Flood Insurance Rate Map (FIRM), panel 25001C0579J, the area associated with the project is not within the 100-year floodplain zone. Other Resources A search of other critical resources within the project area was conducted using GIS software and data available through MASSGIS. The results of this search are listed in Table 2 below. Table 2. Selected MASSGIS Environmental Data Layers Mapped Resource on or Within Proximity to Site Yes No Area of Critical Environmental Concern  NHESP Certified Vernal Pool  NHESP Potential Vernal Pool 1 NHESP Estimated Habitat of Rare Wildlife  NHESP Priority Habitat of Rare species  Outstanding Resource Waters  FEMA Flood Zones (BLSF)  Surface Water Protection Area  Interim Wellhead Protection Area  Zone II Wellhead Protection Area 2 Mass DCR Designated Coldwater Fisheries  1- Most of the BVW is inundated with standing water. Therefore, it has been determined that the BVW qualifies as a Potential Vernal Pool. To our knowledge, it has not been certified by NHESP. 2- The site is located within the Yarmouth Water Department Zone II wellhead protection area. Wetland Description February 21, 2024 Green Project No. 23089.0104 Page 3 of 3 Regulatory Jurisdiction The wetland resource areas described above are regulated by the Town of Yarmouth and the Massachusetts Department of Environmental Protection (DEP). Permitting is through the Town of Yarmouth. Impacts associated with certain above-threshold impacts within BVW and streams themselves may require further permitting through DEP and/or the Army Corps of Engineers. A1 A26 PotentialVernal Pool SETUCKET ROADCOV E Y DRI V ENORTH DENNIS ROADFOLLINS POND ROADTH R U S H TR A ILUNCLE JI MMYS LANE BVW Determination Form City/Town: Sampling Date:1/15/2024 WS1 (If no, explain in Remarks) Soil or Hydrology significantly disturbed? Soil or Hydrology naturally problematic? YES NO NO NO NO Water-stained Leaves Hydrological records Direct observation of inundation Evidence of aquatic fauna Free water in a soil test hole Algal mats or crusts Presence of reduced iron Thin muck surfaces Woody plants w/ adventitious roots Trees with shallow root systems Woody plants with enlarged lenticels Plants with polymorphic leaves Plants with floating leaves Hydrogen sulfide odor (If yes, explain in Remarks) (If yes, explain in Remarks) A-19 41.716070,-70.179629 Plants with air-filled tissue(aerenchyma)Geographic position (depression, toe of slope, fringing lowland) Oxidized rhizospheres/pore linings Drainage patterns Drift lines Scoured areas Sediment deposits Surface soil cracks Sparsely vegetated concave surface Indicators of the Influence of Water Bordering Vegetated Wetland Determination Form Setucket Road Yarmouth Is the Sampled Area within a wetland? Project Site: Applicant/Owner: Invesigators: Soil Map Unit Name: Are climatic/hydrologic conditions on the site typical for this time of year? Are vegetation Are vegetation Sampling Point or Zone: Lat/Long: NWI/DEP Classification: Remarks (describe recorded data from stream gauge, monitoring well, aerial photos, previous inspections, if available): Brandon Faneuf 55A-Freetown cos 0-3% HYDROLOGY Iron deposits Surface Water Present? Water Table Present? Wetland Hydrology Indicators Reliable Indicators of Wetlands Hydrology Saturation Present (including capillary fringe)? Field Observation: Indicators that can be Reliable with Proper Interpretation SUMMARY OF FINDINGS - Attach site map and photograph log showing sampling locations, transects, etc. Wetland vegetation criterion met? Hydric Soils criterion met? Wetlands hydrology present? Remarks, Photo Details, Flagging, etc.: Depth (inches): Depth (inches): Depth (inches): (Enter x for all that apply) Saturated soil Water marks Moss trim lines Microtopographic relief Italics denote auto caluclated field.©2023 Ecosystem Solutions, Inc. BVW Determination Form Sampling Point:A-19 Tree Stratum Plot size: 30' radius Pitch Pine Pinus rigida FACU 10.5 NO NO Black Tupelo Nyssa sylvatica FAC 38 YES YES Black Cherry Prunus serotina FACU 10.5 NO NO 59 = Total Cover Shrub/Sapling Stratum Plot size: 15' radius Southern Arrow-Wood Viburnum dentatum FAC 10.5 NO YES Rambler Rose Rosa multiflora FACU 3 NO NO Horsebrier Smilax rotundifolia FAC 10.5 NO YES Coastal Sweet-Pepperbush Clethra alnifolia FAC 10.5 NO YES 34.5 = Total Cover Herb Stratum Plot size: 5' radius NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO 0 = Total Cover VEGETATION - Use both common and scientific names of plants. Wetland Indicator? Common Name Scientific Name Indicator Status Absolute % Cover Dominant? Common Name Scientific Name Indicator Status Absolute % Cover Dominant? Wetland Indicator? Common Name Scientific Name Indicator Status Absolute % Cover Dominant? Wetland Indicator? Italics denote auto caluclated field.©2023 Ecosystem Solutions, Inc. BVW Determination Form Sampling Point:A-19 Woody Vine Stratum Plot size: 30' radius Yellow Birch Betula alleghaniensis FAC NO YES Japanese-Knotweed Reynoutria japonica FACU NO NO 0 = Total Cover 0 Rapid Test : Do all dominant species have an indicator status of OBL or FACW?NO 1 0 YES 1 1 FALSE Prevalence Index:Total % Cover (all strata)Result OBL species 0 1 0 FACW species 0 2 0 FAC species 69.5 3 208.5 FACU species 24 4 96 UPL species 0 5 0 Column Totals 93.5 304.5 Prevalence Index:1.9 Is the Prevalence Index < 3.0? YES Wetland vegetation criterion met?YES Definitions of Vegetation Strata Tree - Woody plants 3in. (7.62 cm) or more in diameter at breast height (DBH), regardless of height Shrub / Sapling - Woody plants less than 3 in. (7.62 cm) DBH and greater than or equal to 3.3 fs (1 m) tall Herb - All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.3 ft. (1 m) tall Woody vines - All woody vines greater than 3.3 ft. (1 m) in height Range Midpoint 1-5 %3.0% 6-15 %10.5% 15-25 %20.5% 26-50%38.0% 51-75 %63.0% 76-95 %85.5% 96-100 %98.0% Dominant? Wetland Indicator? Common Name Cover Ranges Number of dominant species that are wetland indicator plants Do wetland indicator plants make up > 50% of dominant species? Dominance Test: Number of dominant species Scientific Name Indicator Status Absolute % Cover Italics denote auto caluclated field.©2023 Ecosystem Solutions, Inc. BVW Determination Form A-19 Remarks Color (moist)%%Type1 Location2 10YR 3/2 ---- Hydric Soil Indicators (Enter x for all that apply)Indicators for Problematic Hydric Soils 5 cm Mucky Peat or Peat (S3) Dark Surface (S7) Polyvalue Below Surface (S8) Thin Dark Surface (S9) Iron-Manganese Masses (F12) Mesic Spodic (A17) Red Parent Material (F21) Very Shallow Dark Surface (TF12) Other (Include Explanation in Remarks) Restrictive Layer if observed)Type:Depth (inches): NO Depleted Dark Surface (F8) 2 cm Muck (A10)Polyvalue Below Surface (S8) Thin Dark Surface (S9) Loamy Mucky Mineral (F1) Depleted Matrix (F3) Redox Dark Surface (F7) Redox Features Thick Dark Surface (A12) Sandy Mucky Mineral (S1) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Stripped Matrix (S6) Dark Surface (S7) Depleted Below Dark Surface (A11) 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains 2Location: PL=Pore Lining, M=Matrix Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratisfied Layers (A5) Matrix Sampling Point: Depth (inches) Texture sl0-20 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators) SOIL Color (moist) - Hydric Soils criterion met? Remarks: No redox within 12" of soil surface. Italics denote auto caluclated field.©2023 Ecosystem Solutions, Inc. BVW Determination Form City/Town: Sampling Date:1/15/2024 WS1 (If no, explain in Remarks) Soil or Hydrology significantly disturbed? Soil or Hydrology naturally problematic? YES YES YES YES YES 0" 0" 0" Water-stained Leaves Hydrological records X Direct observation of inundation Evidence of aquatic fauna Free water in a soil test hole Algal mats or crusts Presence of reduced iron Thin muck surfaces Woody plants w/ adventitious roots Trees with shallow root systems Woody plants with enlarged lenticels Plants with polymorphic leaves Plants with floating leaves Hydrogen sulfide odor Bordering Vegetated Wetland Determination Form Project Site: Setucket Road Yarmouth Soil Map Unit Name: 55A- Freetown cos, 0-3%NWI/DEP Classification: Invesigators: Are climatic/hydrologic conditions on the site typical for this time of year? Brandon Faneuf Lat/Long: 41.716070,-70.179629 Applicant/Owner:Sampling Point or Zone:A-19 Are vegetation (If yes, explain in Remarks) Are vegetation (If yes, explain in Remarks) SUMMARY OF FINDINGS - Attach site map and photograph log showing sampling locations, transects, etc. Wetland vegetation criterion met? Is the Sampled Area within a wetland? Wetlands hydrology present? Hydric Soils criterion met? Remarks, Photo Details, Flagging, etc.: HYDROLOGY Field Observation: Saturation Present (including capillary fringe)?Depth (inches): Wetland Hydrology Indicators (Enter x for all that apply) Surface Water Present?Depth (inches): Water Table Present?Depth (inches): Drainage patterns Iron deposits Saturated soil Drift lines Reliable Indicators of Wetlands Hydrology Indicators that can be Reliable with Proper Interpretation Indicators of the Influence of Water Water marks Scoured areas Oxidized rhizospheres/pore linings Moss trim lines Sediment deposits Surface soil cracks Sparsely vegetated concave surface Remarks (describe recorded data from stream gauge, monitoring well, aerial photos, previous inspections, if available): Wetland inundated with water all the way to wetland flags. Potential vernal pool. Plants with air-filled tissue(aerenchyma) Microtopographic relief Geographic position (depression, toe of slope, fringing lowland) Italics denote auto caluclated field.©2023 Ecosystem Solutions, Inc. BVW Determination Form Sampling Point:A-19 Tree Stratum Plot size: 30' radius Red Maple Acer rubrum FAC 20.5 YES YES Black Tupelo Nyssa sylvatica FAC 38 YES YES 58.5 = Total Cover Shrub/Sapling Stratum Plot size: 15' radius Coastal Sweet-Pepperbush Clethra alnifolia FAC 20.5 YES YES 20.5 = Total Cover Herb Stratum Plot size: 5' radius 0 = Total Cover Wetland Indicator? VEGETATION - Use both common and scientific names of plants. Scientific Name Indicator Status Absolute % Cover Dominant? Common Name Common Name Scientific Name Indicator Status Absolute % Cover Dominant? Wetland Indicator? Common Name Scientific Name Indicator Status Absolute % Cover Dominant? Wetland Indicator? Italics denote auto caluclated field.©2023 Ecosystem Solutions, Inc. BVW Determination Form Sampling Point:A-19 Woody Vine Stratum Plot size: 30' radius 0 = Total Cover 0 Rapid Test : Do all dominant species have an indicator status of OBL or FACW?NO 3 0 YES 3 3 FALSE Prevalence Index:Total % Cover (all strata)Result OBL species 0 1 0 FACW species 0 2 0 FAC species 79 3 237 FACU species 0 4 0 UPL species 0 5 0 Column Totals 79 237 Prevalence Index:1.6 Is the Prevalence Index < 3.0? YES Wetland vegetation criterion met?YES Range Midpoint 1-5 %3.0% 6-15 %10.5% 15-25 %20.5% 26-50%38.0% 51-75 %63.0% 76-95 %85.5% 96-100 %98.0% Indicator Status Absolute % Cover Dominant? Wetland Indicator? Scientific NameCommon Name Dominance Test: Number of dominant species Number of dominant species that are wetland indicator plants Do wetland indicator plants make up > 50% of dominant species? Definitions of Vegetation Strata Tree - Woody plants 3in. (7.62 cm) or more in diameter at breast height (DBH), regardless of height Shrub / Sapling - Woody plants less than 3 in. (7.62 cm) DBH and greater than or equal to 3.3 fs (1 m) tall Herb - All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.3 ft. (1 m) tall Cover Ranges Woody vines - All woody vines greater than 3.3 ft. (1 m) in height Italics denote auto caluclated field.©2023 Ecosystem Solutions, Inc. BVW Determination Form A-19 Remarks Color (moist)%%Type1 Location2 Restrictive Layer if observed)Type:Depth (inches):Surface YES Loamy Mucky Mineral (F1) Depleted Matrix (F3) Redox Dark Surface (F7) Depleted Dark Surface (F8) Other (Include Explanation in Remarks) Very Shallow Dark Surface (TF12) Red Parent Material (F21) 5 cm Mucky Peat or Peat (S3) Dark Surface (S7) Polyvalue Below Surface (S8) Thin Dark Surface (S9) Iron-Manganese Masses (F12) Mesic Spodic (A17) Sampling Point: SOIL 55A- Freetown cos, 0-3% Depth (inches) Matrix Redox Features Texture Color (moist) Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators) 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains 2Location: PL=Pore Lining, M=Matrix Histic Epipedon (A2) Hydric Soil Indicators (Enter x for all that apply)Indicators for Problematic Hydric Soils 2 cm Muck (A10)Polyvalue Below Surface (S8) Thin Dark Surface (S9) Black Histic (A3) Histosol (A1) Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Hydrogen Sulfide (A4) Stratisfied Layers (A5) Stripped Matrix (S6) Dark Surface (S7) Sandy Mucky Mineral (S1) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Water Remarks: Water 12" deep at wetland boudary. Land increases in elevation quickly in upland. Hydric Soils criterion met? Italics denote auto caluclated field.©2023 Ecosystem Solutions, Inc. Notice of Intent Town of Yarmouth Partial Culvert Replacement – Setucket Road Green No. 23089 Page 13 APPENDIX B – FIGURES • Figure 1 – USGS Locus Map • Figure 2 – Aerial Locus Map • Figure 3 – Protected Resource Area Map • Figure 4 – FEMA Map SCALE IN FEET 1000 1000 20000 ELEVATIONS IN METERS LEGEND APPROXIMATE LIMIT OF WORK NOTE: THE FLOOD ZONE DATA SHOWN IS TAKEN FROM THE FEDERAL INSURANCE RATE MAPS (FIRM) FOR THE TOWN OF YARMOUTH, MA. (FIRM COMMUNITY PANEL 25001C0579J, DATED 07/16/2014.) Notice of Intent Town of Yarmouth Partial Culvert Replacement – Setucket Road Green No. 23089 Page 14 APPENDIX C – PHOTO LOG Partial Culvert Replacement Setucket Road Yarmouth, MA Green Project No. 23089 Page 1 of 2 Photo Log – September 2023 Photo 01 – View looking south at the existing culvert outlet north of Setucket Road, discharging towards BVW A. Photo 02 – View looking north at BVW A and existing headwall between Covey Drive and North Dennis Road BVW A BVW A Partial Culvert Replacement Setucket Road Yarmouth, MA Green Project No. 23089 Page 2 of 2 Photo 03 – View looking north toward Setucket Road and BVW A from Aunt Dorah’s Lane Photo 04 – View looking south towards the existing culvert outlet north of Setucket Road, and the location of the proposed new catch basin with beehive grate BVW A Existing culvert outfall Location of prop. 6” HDPE pipe and new catch basin BVW A Notice of Intent Town of Yarmouth Partial Culvert Replacement – Setucket Road Green No. 23089 Page 15 APPENDIX D – ABUTTER NOTIFICATION INFO • Certified Abutters List • Abutter Notification • Affidavit of Service 136/ 36/ / / SODERBERG DANA J SODERBERG LEANN E 7 COVEY DR YARMOUTH PORT , MA 02675-2255 136/ 35/ / / LESTER TASHANE GEOHAGAN DALE 3 COVEY DR , YARMOUTH PORT , MA 02675 136/ 34/ / / BOUCHER ROBERT K C/O BOUCHER ROBERT K TR 218 SETUCKET RD YARMOUTH PORT , MA 02675-2258 136/ 33/ / / MARSHALL EILEEN J MARSHALL JOHN D 210 SETUCKET RD YARMOUTH PORT , MA 02675-2258 144/ 59/ / / TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH , MA 02664-4463 136/ 68/ / / COOK DALE A COOK LELIBETH C 1 UNCLE JIMMYS LN, YARMOUTH PORT , MA 02675 136/ 77/ / / FINLAY RICHARD L C/O FINLAY LISA A 219 SETUCKET ROAD YARMOUTH PORT , MA 02675 136/ 61/ / / LONG ROBERT A C/O LONG ROBERT A TR 1 AUNT DORAHS LN YARMOUTH PORT , MA 02675 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:218 Setucket Rd., Yarmouth Port, MA 02675Assessors Map 136, Lot 34______________________________________Andy Machado, Director of AssessingMarch 14, 2024 Autters Map (100 feet) Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community Parcel Boundaries March 11, 2024 0 225 450112.5 ft 0 60 12030 m 1:2,400 Data and scale shown on this map are provided for planning and Powered by Esri Technology 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 ____Town of Yarmouth Department of Public Works________ 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 _____218 Setucket Rd, Setucket Rd, area west of 218 Setucket Rd across from Aunt Dorah's Ln ______ D. Proposed work is _to restore the general drainage function of the existing (collapsed) 6-inch clay culvert and replace a section of it with a new 6-inch High Density Polyethylene (HDPE) pipe. The collapsed 6” clay culvert runs from the wetland area located north of Setucket Road to a buried drain manhole (DMH) structure, located on the north sidewalk, before it changes to a 12-inch reinforced concrete pipe (RCP) and daylights on the southeasterly side of the intersection of Setucket Road with Aunt Dorah’s lane to a narrow drainage ditch. ____ 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 ________508-398-2231____________________ Or Applicant’s representatives phone number ____978-843-5218______________________ 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 _____Danielle Spicer P.E., Green International Affiliates, Inc._____ Address _____100 Ames Pond Drive, Suite 200___________ Town ____Tewkesbury_________ State ___MA__ Zip ___01876______ Telephone ______978-843-5218________________________ 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. AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act I, Danielle Spicer, hereby certify, under the pains and penalties of perjury, that on March 21, 2024, I provided notification to abutters 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 the Town of Yarmouth, with the Town of Yarmouth Conservation Commission on March 21, 2024, for the work within the Wetlands Protection Act and local wetland jurisdiction associated with improvement of existing drainage conditions at the 218 Setucket Rd, adjacent Setucket Rd, and area west of 218 Setucket Rd across from Aunt Dorah's Ln north of Aunt Dorah’s Lane on Setucket Road, in the Town of Yarmouth, Massachusetts. The form of notification, and a list of the abutters to whom it was given and their addresses, are attached to this Affidavit of Service. _______________________________________ 3/21/2024 Signature – Danielle Spicer Date Y:SHARED\ENGINEERING\\PROJECTS\2023\23089\DOCS\PERMITS\NOI\ABUTTERS\_NOI_AFFIDAVIT_YARMOUTH.DOC Notice of Intent Town of Yarmouth Partial Culvert Replacement – Setucket Road Green No. 23089 Page 16 APPENDIX E – STORMWATER MANAGEMENT MEMO MEMORANDUM CIVIL AND STRUCTURAL ENGINEERS Page 1 of 5 To: Yarmouth Conservation Commission Chair and Members Cc: Project File: 23089 From: Danielle Spicer, P.E., LEED AP, ENV SP of Green International Affiliates, Inc Date: March 13, 2024 Project: Partial Culvert Replacement Setucket Road, Yarmouth, MA Subject: Stormwater Memo – Partial Culvert Replacement on Setucket Road This Stormwater Memo has been prepared for the Partial Culvert Replacement Project on Setucket Road in Yarmouth, MA. The subject project is located within the jurisdiction of the Wetland Protection Act (WPA) and the Town of Yarmouth Wetland Protection Regulations, and as such a Notice of Intent (NOI) is being submitted. This memo is being submitted to address the ten standards outlined in the Massachusetts Stormwater handbook, last revised January 2008, and how the project is meeting them. This memo is organized into sections that correspond to the categories listed in the “Massachusetts Stormwater Report Checklist”. The Checklist is included as an Appendix to this memorandum. PROJECT BACKGROUND The purpose of this project is to restore the general drainage function of the existing (collapsed) 6-inch clay culvert and replace a section of it with a new 6-inch High Density Polyethylene (HDPE) pipe. The collapsed 6” clay culvert runs from the wetland area located north of Setucket Road to a buried drain manhole (DMH) structure, located on the north sidewalk, before it changes to a 12-inch reinforced concrete pipe (RCP) and daylights on the southeasterly side of the intersection of Setucket Road with Aunt Dorah’s Lane to a narrow drainage ditch. This existing culvert, from the headwall (outlet of wetland) to the 12-inch outlet (south easterly side of the intersection), is approximately 210 feet long and approximately 11 feet beneath Setucket Road. The proposed work associated with the project will be limited to minor drainage improvements. As this project will consist only of drainage improvements and does not increase impervious area, it is categorized as a “Redevelopment” under the Massachusetts Stormwater Standards. The project will not change drainage patterns, nor the land cover; therefore, stormwater mitigation is not proposed as a part of this project. The proposed drainage improvements will include the installation of a new catch basin with a beehive grate located north of Setucket Road, between the wetland area and the existing roadway. The project proposes to install 45 linear feet of 6-inch diameter HDPE pipe, adjacent to the collapsed culvert, connecting the new catch basin with a new eccentric drain manhole (DMH) which will be installed within Stormwater Memo – Partial Culvert Replacement on Setucket Road Yarmouth March 13, 2024 Green Project No. 23089 Page 2 of 5 Setucket Road as shown on the site plan. The existing buried DMH in this location will be removed and disposed. Additionally, the project will include minor regrading and placement of rip rap in the area surrounding the location of the new catch basin in order to create a berm between the existing headwall at the outfall of the 18-inch RCP and the new catch basin. While the proposed drainage improvements will not replace the entire length of the existing collapsed 6-inch culvert, they will provide an improvement over existing conditions because in the event that the ponded water in the wetland area overtops the proposed berm, water will enter the new catch basin and be conveyed below Setucket Road through the new 6-inch HDPE pipe, and the new DMH structure to the existing outfall located southeast of the intersection of Aunt Dorah’s Lane and Setucket Road. The proposed work associated with the proposed culvert replacement also includes removal and disposal of the existing drain manhole located within Setucket Road, removal of the existing rip rap, and removal of one 8-inch tree. All other trees in the vicinity will be protected and retained. Within the roadway, the disturbed pavement area and bituminous sidewalk will be repaved and restored after construction. Outside of the roadway, the disturbed grass area will be restored to existing conditions. There will be no improvements to the roadway and no changes to the impervious area associated with this project. Stormwater Memo – Partial Culvert Replacement on Setucket Road Yarmouth March 13, 2024 Green Project No. 23089 Page 3 of 5 PROJECT COMPLIANCE WITH MASSACHUSETTS STORMWATER STANDARDS 1. NO NEW STORMWATER CONVEYANCES (E.G. OUTFALLS) MAY DISCHARGE UNTREATED STORMWATER DIRECTLY TO OR CAUSE EROSION IN WETLANDS OR WATERS OF THE COMMONWEALTH. The proposed project will not result in any new discharges. The proposed project will maintain existing conditions where runoff flows via a combination of the closed drainage system on Setucket Road as well as overland flow into the adjacent wetland area. This standard is fully met. 2. STORMWATER MANAGEMENT SYSTEMS SHALL BE DESIGNED SO THAT POST-DEVELOPMENT PEAK DISCHARGE RATES DO NOT EXCEED PRE-DEVELOPMENT PEAK DISCHARGE RATES. THIS STANDARD MAY BE WAIVED FOR DISCHARGES TO LAND SUBJECT TO COASTAL STORM FLOWAGE AS DEFINED IN 310 CMR 10.04. This project is a redevelopment project and is required to meet Standard 2 to the maximum extent practicable. The project will not result in any changes to the impervious cover or drainage patterns on the project site; therefore, there will be no change in peak discharge rates as a result of this project. This standard is fully met. 3. LOSS OF ANNUAL RECHARGE TO GROUNDWATER SHALL BE ELIMINATED OR MINIMIZED THROUGH THE USE OF INFILTRATION MEASURES INCLUDING ENVIRONMENTALLY SENSITIVE SITE DESIGN, LOW IMPACT DEVELOPMENT TECHNIQUES, STORMWATER BEST MANAGEMENT PRACTICES, AND GOOD OPERATION AND MAINTENANCE. AT A MINIMUM, THE ANNUAL RECHARGE FROM THE POST-DEVELOPMENT SITE SHALL APPROXIMATE THE ANNUAL RECHARGE FROM PRE-DEVELOPMENT CONDITIONS BASED ON SOIL TYPE. THIS STANDARD IS MET WHEN THE STORMWATER MANAGEMENT SYSTEM IS DESIGNED TO INFILTRATE THE REQUIRED RECHARGE VOLUME AS DETERMINED IN ACCORDANCE WITH THE MASSACHUSETTS STORMWATER HANDBOOK. Since the proposed project is not increasing impervious area and will not change the overall existing drainage patterns, stormwater management is not proposed as part of the project. The annual recharge will not change as a result of the decrease in impervious area. Therefore, this Standard is met. 4. STORMWATER MANAGEMENT SYSTEMS SHALL BE DESIGNED TO REMOVE 80% OF THE AVERAGE ANNUAL POST-CONSTRUCTION LOAD OF TOTAL SUSPENDED SOLIDS (TSS). THIS STANDARD IS MET WHEN: a) Suitable practices for source control and pollution prevention are identified in a long-term pollution prevention plan, and thereafter are implemented and maintained; b) Structural stormwater best management practices are sized to capture the required water quality volume determined in accordance with the Massachusetts Stormwater Handbook; and c) Pretreatment is provided in accordance with the Massachusetts Stormwater Handbook. There is no increase in impervious area and the overall existing drainage patterns within the project will be retained. Since the proposed site improvements will not change the impervious area or the drainage patterns, stormwater management is not proposed as a part of the project. Therefore, there will be no net increase in TSS from the project as a result of this project and this Standard is being met. 5. FOR LAND USES WITH HIGHER POTENTIAL POLLUTANT LOADS, SOURCE CONTROL AND POLLUTION PREVENTION SHALL BE IMPLEMENTED IN ACCORDANCE WITH THE MASSACHUSETTS STORMWATER HANDBOOK TO ELIMINATE OR REDUCE THE DISCHARGE OF STORMWATER RUNOFF FROM SUCH LAND USES TO THE MAXIMUM EXTENT PRACTICABLE. IF THROUGH SOURCE CONTROL AND/OR POLLUTION Stormwater Memo – Partial Culvert Replacement on Setucket Road Yarmouth March 13, 2024 Green Project No. 23089 Page 4 of 5 PREVENTION ALL LAND USES WITH HIGHER POTENTIAL POLLUTANT LOADS CANNOT BE COMPLETELY PROTECTED FROM EXPOSURE TO RAIN, SNOW, SNOW MELT, AND STORMWATER RUNOFF, THE PROPONENT SHALL USE THE SPECIFIC STRUCTURAL STORMWATER BMPS DETERMINED BY THE DEPARTMENT TO BE SUITABLE FOR SUCH USES AS PROVIDED IN THE MASSACHUSETTS STORMWATER HANDBOOK. STORMWATER DISCHARGES FROM LAND USES WITH HIGHER POTENTIAL POLLUTANT LOADS SHALL ALSO COMPLY WITH THE REQUIREMENTS OF THE MASSACHUSETTS CLEAN WATERS ACT, M.G.L. C. 21, §§ 26-53 AND THE REGULATIONS PROMULGATED THEREUNDER AT 314 CMR 3.00, 314 CMR 4.00 AND 314 CMR 5.00. The project site is not considered a Land Use with Higher Potential Pollutant Loads (LUHPPL). Therefore, this Standard is not applicable. 6. STORMWATER DISCHARGES WITHIN THE ZONE II OR INTERIM WELLHEAD PROTECTION AREA OF A PUBLIC WATER SUPPLY, AND STORMWATER DISCHARGES NEAR OR TO ANY OTHER CRITICAL AREA, REQUIRE THE USE OF THE SPECIFIC SOURCE CONTROL AND POLLUTION PREVENTION MEASURES AND THE SPECIFIC STRUCTURAL STORMWATER BEST MANAGEMENT PRACTICES DETERMINED BY THE DEPARTMENT TO BE SUITABLE FOR MANAGING DISCHARGES TO SUCH AREAS, AS PROVIDED IN THE MASSACHUSETTS STORMWATER HANDBOOK. A DISCHARGE IS NEAR A CRITICAL AREA IF THERE IS A STRONG LIKELIHOOD OF A SIGNIFICANT IMPACT OCCURRING TO SAID AREA, TAKING INTO ACCOUNT SITE-SPECIFIC FACTORS. STORMWATER DISCHARGES TO OUTSTANDING RESOURCE WATERS AND SPECIAL RESOURCE WATERS SHALL BE REMOVED AND SET BACK FROM THE RECEIVING WATER OR WETLAND AND RECEIVE THE HIGHEST AND BEST PRACTICAL METHOD OF TREATMENT. A “STORM WATER DISCHARGE” AS DEFINED IN 314 CMR 3.04(2)(A)1 OR (B) TO AN OUTSTANDING RESOURCE WATER OR SPECIAL RESOURCE WATER SHALL COMPLY WITH 314 CMR 3.00 AND 314 CMR 4.00. STORMWATER DISCHARGES TO A ZONE I OR ZONE A ARE PROHIBITED UNLESS ESSENTIAL TO THE OPERATION OF A PUBLIC WATER SUPPLY. Stormwater runoff from the project site discharges into the Yarmouth Water Department Zone II Wellhead Protection Area, which is a critical area as described in Standard 6. The proposed drainage improvements will provide an improvement over the existing conditions, therefore, the project will not result in negative impacts to the Zone II critical area. 7. A REDEVELOPMENT PROJECT IS REQUIRED TO MEET THE FOLLOWING STORMWATER MANAGEMENT STANDARDS ONLY TO THE MAXIMUM EXTENT PRACTICABLE: STANDARD 2, STANDARD 3, AND THE PRETREATMENT AND STRUCTURAL BEST MANAGEMENT PRACTICE REQUIREMENTS OF STANDARDS 4, 5, AND 6. EXISTING STORMWATER DISCHARGES SHALL COMPLY WITH STANDARD 1 ONLY TO THE MAXIMUM EXTENT PRACTICABLE. A REDEVELOPMENT PROJECT SHALL ALSO COMPLY WITH ALL OTHER REQUIREMENTS OF THE STORMWATER MANAGEMENT STANDARDS AND IMPROVE EXISTING CONDITIONS. As the proposed project is a site improvement project and will result in no increase in impervious area, it is categorized as a “Redevelopment Project” under the Massachusetts Stormwater Management Standards. The project is therefore designed to meet the Standards to the maximum extent practicable. Standards 1, 2, 3, 4, 6, 7, 8, 9, and 10 are met fully, and Standards 5 is not applicable. 8. A PLAN TO CONTROL CONSTRUCTION-RELATED IMPACTS INCLUDING EROSION, SEDIMENTATION AND OTHER POLLUTANT SOURCES DURING CONSTRUCTION AND LAND DISTURBANCE ACTIVITIES (CONSTRUCTION PERIOD EROSION, SEDIMENTATION, AND POLLUTION PREVENTION PLAN) SHALL BE DEVELOPED AND IMPLEMENTED. Construction period pollution prevention and erosion and sedimentation control measures will be implemented at the project site to control construction related impacts during construction and land disturbance activities. The General Contractor for the project will be responsible for implementation of the Stormwater Memo – Partial Culvert Replacement on Setucket Road Yarmouth March 13, 2024 Green Project No. 23089 Page 5 of 5 construction period controls. The project will disturb less than 1 acre of land during construction process; therefore, it does not require a NPDES Construction General Permit from the Environmental Protection Agency. 9. A LONG-TERM OPERATION AND MAINTENANCE PLAN SHALL BE DEVELOPED AND IMPLEMENTED TO ENSURE THAT STORMWATER MANAGEMENT SYSTEMS FUNCTION AS DESIGNED. Disturbances for this project do not affect present stormwater management functions. Existing stormwater controls will be maintained per the Town of Yarmouth’s Operation & Maintenance (O&M). No changes are anticipated to the O&M due to this work. 10. ALL ILLICIT DISCHARGES TO THE STORMWATER MANAGEMENT SYSTEM ARE PROHIBITED. The design plans submitted with this report have been designed in full compliance with Standard 10. The project area does not have any known illicit connections. Stormwater runoff discharges via closed drainage and overland flow. To the best of our knowledge, there are no known illicit discharges within the project limits. APPENDICES Appendix A - Checklists • Massachusetts Stormwater Report Checklist Appendix B – Illicit Discharge Statement Appendix A1 - SW Checklist_23089.doc • 04/01/08 Stormwater Report Checklist • Page 1 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report A. Introduction Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A Stormwater Report must be submitted with the Notice of Intent permit application to document compliance with the Stormwater Management Standards. The following checklist is NOT a substitute for the Stormwater Report (which should provide more substantive and detailed information) but is offered here as a tool to help the applicant organize their Stormwater Management documentation for their Report and for the reviewer to assess this information in a consistent format. As noted in the Checklist, the Stormwater Report must contain the engineering computations and supporting information set forth in Volume 3 of the Massachusetts Stormwater Handbook. The Stormwater Report must be prepared and certified by a Registered Professional Engineer (RPE) licensed in the Commonwealth. The Stormwater Report must include: • The Stormwater Checklist completed and stamped by a Registered Professional Engineer (see page 2) that certifies that the Stormwater Report contains all required submittals.1 This Checklist is to be used as the cover for the completed Stormwater Report. • Applicant/Project Name • Project Address • Name of Firm and Registered Professional Engineer that prepared the Report • Long-Term Pollution Prevention Plan required by Standards 4-6 • Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan required by Standard 82 • Operation and Maintenance Plan required by Standard 9 In addition to all plans and supporting information, the Stormwater Report must include a brief narrative describing stormwater management practices, including environmentally sensitive site design and LID techniques, along with a diagram depicting runoff through the proposed BMP treatment train. Plans are required to show existing and proposed conditions, identify all wetland resource areas, NRCS soil types, critical areas, Land Uses with Higher Potential Pollutant Loads (LUHPPL), and any areas on the site where infiltration rate is greater than 2.4 inches per hour. The Plans shall identify the drainage areas for both existing and proposed conditions at a scale that enables verification of supporting calculations. As noted in the Checklist, the Stormwater Management Report shall document compliance with each of the Stormwater Management Standards as provided in the Massachusetts Stormwater Handbook. The soils evaluation and calculations shall be done using the methodologies set forth in Volume 3 of the Massachusetts Stormwater Handbook. To ensure that the Stormwater Report is complete, applicants are required to fill in the Stormwater Report Checklist by checking the box to indicate that the specified information has been included in the Stormwater Report. If any of the information specified in the checklist has not been submitted, the applicant must provide an explanation. The completed Stormwater Report Checklist and Certification must be submitted with the Stormwater Report. 1 The Stormwater Report may also include the Illicit Discharge Compliance Statement required by Standard 10. If not included in the Stormwater Report, the Illicit Discharge Compliance Statement must be submitted prior to the discharge of stormwater runoff to the post-construction best management practices. 2 For some complex projects, it may not be possible to include the Construction Period Erosion and Sedimentation Control Plan in the Stormwater Report. In that event, the issuing authority has the discretion to issue an Order of Conditions that approves the project and includes a condition requiring the proponent to submit the Construction Period Erosion and Sedimentation Control Plan before commencing any land disturbance activity on the site. Appendix A1 - SW Checklist_23089.doc • 04/01/08 Stormwater Report Checklist • Page 2 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report B. Stormwater Checklist and Certification The following checklist is intended to serve as a guide for applicants as to the elements that ordinarily need to be addressed in a complete Stormwater Report. The checklist is also intended to provide conservation commissions and other reviewing authorities with a summary of the components necessary for a comprehensive Stormwater Report that addresses the ten Stormwater Standards. Note: Because stormwater requirements vary from project to project, it is possible that a complete Stormwater Report may not include information on some of the subjects specified in the Checklist. If it is determined that a specific item does not apply to the project under review, please note that the item is not applicable (N.A.) and provide the reasons for that determination. A complete checklist must include the Certification set forth below signed by the Registered Professional Engineer who prepared the Stormwater Report. Registered Professional Engineer’s Certification I have reviewed the Stormwater Report, including the soil evaluation, computations, Long-term Pollution Prevention Plan, the Construction Period Erosion and Sedimentation Control Plan (if included), the Long- term Post-Construction Operation and Maintenance Plan, the Illicit Discharge Compliance Statement (if included) and the plans showing the stormwater management system, and have determined that they have been prepared in accordance with the requirements of the Stormwater Management Standards as further elaborated by the Massachusetts Stormwater Handbook. I have also determined that the information presented in the Stormwater Checklist is accurate and that the information presented in the Stormwater Report accurately reflects conditions at the site as of the date of this permit application. Registered Professional Engineer Block and Signature Signature and Date Checklist Project Type: Is the application for new development, redevelopment, or a mix of new and redevelopment? New development Redevelopment Mix of New Development and Redevelopment 3/18/2024 Appendix A1 - SW Checklist_23089.doc • 04/01/08 Stormwater Report Checklist • Page 3 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) LID Measures: Stormwater Standards require LID measures to be considered. Document what environmentally sensitive design and LID Techniques were considered during the planning and design of the project: No disturbance to any Wetland Resource Areas Site Design Practices (e.g. clustered development, reduced frontage setbacks) Reduced Impervious Area (Redevelopment Only) Minimizing disturbance to existing trees and shrubs LID Site Design Credit Requested: Credit 1 Credit 2 Credit 3 Use of “country drainage” versus curb and gutter conveyance and pipe Bioretention Cells (includes Rain Gardens) Constructed Stormwater Wetlands (includes Gravel Wetlands designs) Treebox Filter Water Quality Swale Grass Channel Green Roof Other (describe): Standard 1: No New Untreated Discharges No new untreated discharges Outlets have been designed so there is no erosion or scour to wetlands and waters of the Commonwealth Supporting calculations specified in Volume 3 of the Massachusetts Stormwater Handbook included. Appendix A1 - SW Checklist_23089.doc • 04/01/08 Stormwater Report Checklist • Page 4 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 2: Peak Rate Attenuation Standard 2 waiver requested because the project is located in land subject to coastal storm flowage and stormwater discharge is to a wetland subject to coastal flooding. Evaluation provided to determine whether off-site flooding increases during the 100-year 24-hour storm. Calculations provided to show that post-development peak discharge rates do not exceed pre- development rates for the 2-year and 10-year 24-hour storms. If evaluation shows that off-site flooding increases during the 100-year 24-hour storm, calculations are also provided to show that post-development peak discharge rates do not exceed pre-development rates for the 100-year 24- hour storm. Standard 3: Recharge Soil Analysis provided. Required Recharge Volume calculation provided. Required Recharge volume reduced through use of the LID site Design Credits. Sizing the infiltration, BMPs is based on the following method: Check the method used. Static Simple Dynamic Dynamic Field1 Runoff from all impervious areas at the site discharging to the infiltration BMP. Runoff from all impervious areas at the site is not discharging to the infiltration BMP and calculations are provided showing that the drainage area contributing runoff to the infiltration BMPs is sufficient to generate the required recharge volume. Recharge BMPs have been sized to infiltrate the Required Recharge Volume. Recharge BMPs have been sized to infiltrate the Required Recharge Volume only to the maximum extent practicable for the following reason: Site is comprised solely of C and D soils and/or bedrock at the land surface M.G.L. c. 21E sites pursuant to 310 CMR 40.0000 Solid Waste Landfill pursuant to 310 CMR 19.000 Project is otherwise subject to Stormwater Management Standards only to the maximum extent practicable. Calculations showing that the infiltration BMPs will drain in 72 hours are provided. Property includes a M.G.L. c. 21E site or a solid waste landfill and a mounding analysis is included. 1 80% TSS removal is required prior to discharge to infiltration BMP if Dynamic Field method is used. Appendix A1 - SW Checklist_23089.doc • 04/01/08 Stormwater Report Checklist • Page 5 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 3: Recharge (continued) The infiltration BMP is used to attenuate peak flows during storms greater than or equal to the 10- year 24-hour storm and separation to seasonal high groundwater is less than 4 feet and a mounding analysis is provided. Documentation is provided showing that infiltration BMPs do not adversely impact nearby wetland resource areas. Standard 4: Water Quality The Long-Term Pollution Prevention Plan typically includes the following: • Good housekeeping practices; • Provisions for storing materials and waste products inside or under cover; • Vehicle washing controls; • Requirements for routine inspections and maintenance of stormwater BMPs; • Spill prevention and response plans; • Provisions for maintenance of lawns, gardens, and other landscaped areas; • Requirements for storage and use of fertilizers, herbicides, and pesticides; • Pet waste management provisions; • Provisions for operation and management of septic systems; • Provisions for solid waste management; • Snow disposal and plowing plans relative to Wetland Resource Areas; • Winter Road Salt and/or Sand Use and Storage restrictions; • Street sweeping schedules; • Provisions for prevention of illicit discharges to the stormwater management system; • Documentation that Stormwater BMPs are designed to provide for shutdown and containment in the event of a spill or discharges to or near critical areas or from LUHPPL; • Training for staff or personnel involved with implementing Long-Term Pollution Prevention Plan; • List of Emergency contacts for implementing Long-Term Pollution Prevention Plan. A Long-Term Pollution Prevention Plan is attached to Stormwater Report and is included as an attachment to the Wetlands Notice of Intent. Treatment BMPs subject to the 44% TSS removal pretreatment requirement and the one inch rule for calculating the water quality volume are included, and discharge: is within the Zone II or Interim Wellhead Protection Area is near or to other critical areas is within soils with a rapid infiltration rate (greater than 2.4 inches per hour) involves runoff from land uses with higher potential pollutant loads. The Required Water Quality Volume is reduced through use of the LID site Design Credits. Calculations documenting that the treatment train meets the 80% TSS removal requirement and, if applicable, the 44% TSS removal pretreatment requirement, are provided. Appendix A1 - SW Checklist_23089.doc • 04/01/08 Stormwater Report Checklist • Page 6 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 4: Water Quality (continued) The BMP is sized (and calculations provided) based on: The ½” or 1” Water Quality Volume or The equivalent flow rate associated with the Water Quality Volume and documentation is provided showing that the BMP treats the required water quality volume. The applicant proposes to use proprietary BMPs, and documentation supporting use of proprietary BMP and proposed TSS removal rate is provided. This documentation may be in the form of the propriety BMP checklist found in Volume 2, Chapter 4 of the Massachusetts Stormwater Handbook and submitting copies of the TARP Report, STEP Report, and/or other third party studies verifying performance of the proprietary BMPs. A TMDL exists that indicates a need to reduce pollutants other than TSS and documentation showing that the BMPs selected are consistent with the TMDL is provided. Standard 5: Land Uses With Higher Potential Pollutant Loads (LUHPPLs) The NPDES Multi-Sector General Permit covers the land use and the Stormwater Pollution Prevention Plan (SWPPP) has been included with the Stormwater Report. The NPDES Multi-Sector General Permit covers the land use and the SWPPP will be submitted prior to the discharge of stormwater to the post-construction stormwater BMPs. The NPDES Multi-Sector General Permit does not cover the land use. LUHPPLs are located at the site and industry specific source control and pollution prevention measures have been proposed to reduce or eliminate the exposure of LUHPPLs to rain, snow, snow melt and runoff, and been included in the long term Pollution Prevention Plan. All exposure has been eliminated. All exposure has not been eliminated and all BMPs selected are on MassDEP LUHPPL list. The LUHPPL has the potential to generate runoff with moderate to higher concentrations of oil and grease (e.g. all parking lots with >1000 vehicle trips per day) and the treatment train includes an oil grit separator, a filtering bioretention area, a sand filter or equivalent. Standard 6: Critical Areas The discharge is near or to a critical area and the treatment train includes only BMPs that MassDEP has approved for stormwater discharges to or near that particular class of critical area. Critical areas and BMPs are identified in the Stormwater Report. Appendix A1 - SW Checklist_23089.doc • 04/01/08 Stormwater Report Checklist • Page 7 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 7: Redevelopments and Other Projects Subject to the Standards only to the maximum extent practicable The project is subject to the Stormwater Management Standards only to the maximum Extent Practicable as a: Limited Project Small Residential Projects: 5-9 single family houses or 5-9 units in a multi-family development provided there is no discharge that may potentially affect a critical area. Small Residential Projects: 2-4 single family houses or 2-4 units in a multi-family development with a discharge to a critical area Marina and/or boatyard provided the hull painting, service and maintenance areas are protected from exposure to rain, snow, snow melt and runoff Bike Path and/or Foot Path Redevelopment Project Redevelopment portion of mix of new and redevelopment. Certain standards are not fully met (Standard No. 1, 8, 9, and 10 must always be fully met) and an explanation of why these standards are not met is contained in the Stormwater Report. The project involves redevelopment and a description of all measures that have been taken to improve existing conditions is provided in the Stormwater Report. The redevelopment checklist found in Volume 2 Chapter 3 of the Massachusetts Stormwater Handbook may be used to document that the proposed stormwater management system (a) complies with Standards 2, 3 and the pretreatment and structural BMP requirements of Standards 4-6 to the maximum extent practicable and (b) improves existing conditions. Standard 8: Construction Period Pollution Prevention and Erosion and Sedimentation Control A Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan must include the following information: • Narrative; • Construction Period Operation and Maintenance Plan; • Names of Persons or Entity Responsible for Plan Compliance; • Construction Period Pollution Prevention Measures; • Erosion and Sedimentation Control Plan Drawings; • Detail drawings and specifications for erosion control BMPs, including sizing calculations; • Vegetation Planning; • Site Development Plan; • Construction Sequencing Plan; • Sequencing of Erosion and Sedimentation Controls; • Operation and Maintenance of Erosion and Sedimentation Controls; • Inspection Schedule; • Maintenance Schedule; • Inspection and Maintenance Log Form. A Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan containing the information set forth above has been included in the Stormwater Report. Appendix A1 - SW Checklist_23089.doc • 04/01/08 Stormwater Report Checklist • Page 8 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 8: Construction Period Pollution Prevention and Erosion and Sedimentation Control (continued) The project is highly complex and information is included in the Stormwater Report that explains why it is not possible to submit the Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan with the application. A Construction Period Pollution Prevention and Erosion and Sedimentation Control has not been included in the Stormwater Report but will be submitted before land disturbance begins. The project is not covered by a NPDES Construction General Permit. The project is covered by a NPDES Construction General Permit and a copy of the SWPPP is in the Stormwater Report. The project is covered by a NPDES Construction General Permit but no SWPPP been submitted. The SWPPP will be submitted BEFORE land disturbance begins. Standard 9: Operation and Maintenance Plan The Post Construction Operation and Maintenance Plan is included in the Stormwater Report and includes the following information: Name of the stormwater management system owners; Party responsible for operation and maintenance; Schedule for implementation of routine and non-routine maintenance tasks; Plan showing the location of all stormwater BMPs maintenance access areas; Description and delineation of public safety features; Estimated operation and maintenance budget; and Operation and Maintenance Log Form. The responsible party is not the owner of the parcel where the BMP is located and the Stormwater Report includes the following submissions: A copy of the legal instrument (deed, homeowner’s association, utility trust or other legal entity) that establishes the terms of and legal responsibility for the operation and maintenance of the project site stormwater BMPs; A plan and easement deed that allows site access for the legal entity to operate and maintain BMP functions. Standard 10: Prohibition of Illicit Discharges The Long-Term Pollution Prevention Plan includes measures to prevent illicit discharges; An Illicit Discharge Compliance Statement is attached; NO Illicit Discharge Compliance Statement is attached but will be submitted prior to the discharge of any stormwater to post-construction BMPs. Illicit Discharge Compliance Statement Per Standard 10 of the Massachusetts Stormwater Handbook, the following is an Illicit Discharge Compliance Statement: The design plans submitted for the Notice of Intent have been designed in full compliance with current standards. The Long-Term Pollution Prevention Plan is part of the Operation and Maintenance Plan and includes measures to prevent illicit discharges. There are no known combined sewer outfalls and to the best of our knowledge all closed stormwater systems discharge per Massachusetts DEP requirements. Based on observations during a site visit on September 22, 2023, the site does not contain any known existing illicit discharges. Registered Professional Engineer Block and Signature Signature and Date 3/18/2024 Notice of Intent Town of Yarmouth Partial Culvert Replacement – Setucket Road Green No. 23089 Page 17 APPENDIX F – NOI PLAN SET (BOUND SEPARATELY)