HomeMy WebLinkAboutNOI 4.3.2024Notice of Intent (NOI)
for
Yarmouth Massachusetts
Proposed Sea Gull Road Slope Stabilization
March 2024
Prepared For:
Town of Yarmouth
1146 Route 28
West Yarmouth, MA 02664
Prepared By:
Comprehensive Environmental Inc.
41 Main Street
Bolton, Massachusetts 01740
Yarmouth, MA – Sea Gull Road Slope Stabilization Project
Notice of Intent
NOI Table of Contents
Part A: Transmittal Form – Notice of Intent
Part B: NOI Wetland Fee Transmittal Form
Part C: WPA Form 3
Part D: Notice of Intent Narrative:
1.0 Introduction .......................................................................................................................... 1
1.1 Project Description and Location ........................................................................................ 1
1.2 Background ......................................................................................................................... 1
1.3 Goals ................................................................................................................................... 1
1.4 Existing Conditions ............................................................................................................. 1
1.5 Massachusetts Endangered Species Act (MESA Review) ................................................... 2
2.0 Alternative Analysis ............................................................................................................... 2
2.1 Alternative 1 – Green Infrastructure (Preferred Alternative) ............................................. 2
2.2 Alternative 2 – Replace Existing Embankment with a Concrete Revetment ...................... 2
2.3 Alternative 3 – Do Nothing ................................................................................................ 2
3.0 Proposed Work ...................................................................................................................... 2
3.1 Description of Proposed Work ............................................................................................ 2
3.2 Site Soils .............................................................................................................................. 3
3.3 Construction Protocols ....................................................................................................... 3
4.0 Performance Standards ......................................................................................................... 4
5.0 DEP Stormwater Standards and Report .................................................................................. 5
6.0 Abutters ............................................................................................................................... 5
List of Figures
Figure 1 – Locus Map ................................................................................................................ End of Report
Attachments
Attachment A – Site Photographs
Attachment B – Resource Area Impacts
Attachment C – Design Plans
Attachment D – Site Abutters
Transmittal Form Final • rev. 3/21 Page 1 of 1
Enter your transmittal number X290105
Transmittal Number
Your unique Transmittal Number can be accessed online:
https://www.mass.gov/service-details/transmittal-form-number-for-massdep-permit-application-payment
Massachusetts Department of Environmental Protection
Transmittal Form for Permit Application and Payment
1. Please type or
print. A separate
Transmittal Form
must be completed
for each permit
application.
2. Make your
check payable to
the Commonwealth
of Massachusetts
and mail it with a
copy of this form to:
MassDEP, P.O.
Box 4062, Boston,
MA 02211.
3. Three copies of
this form will be
needed.
Copy 1 - the
original must
accompany your
permit application.
Copy 2 must
accompany your
fee payment.
Copy 3 should be
retained for your
records
4. Both fee-paying
and exempt
applicants must
mail a copy of this
transmittal form to:
MassDEP
P.O. Box 4062
Boston, MA
02211
* Note:
For BWSC Permits,
enter the LSP.
A. Permit Information
WPA Form 3
1. Permit Code: 4-to-7-character code from permit instructions
Notice of Intent
2. Name of Permit Category
Coastal Engineering Structure
3. Type of Project or Activity
B. Applicant Information – Firm or Individual
Town of Yarmouth DPW
1. Name of Firm - Or, if party needing this approval is an individual enter name below:
2. Last Name of Individual
3. First Name of Individual
4. MI
74 Town Brook Road
5. Street Address
West Yarmouth
6. City/Town
MA
7. State
02673
8. Zip Code
(508) 398-2231
9. Telephone #
10. Ext. #
Nathan Whetten
11. Contact Person
NWhetten@yarmouth.ma.us
12. e-mail address
C. Facility, Site or Individual Requiring Approval
1. Name of Facility, Site or Individual
125 Sea Gull Road
2. Street Address
Yarmouth
3. City/Town
MA
4. State
02673
5. Zip Code
6. Telephone #
7. Ext. #
8. DEP Facility Number (if Known)
9. Federal I.D. Number (if Known)
10. BWSC Tracking # (if Known)
D. Application Prepared by (if different from Section B)*
Comprehensive Environmental Inc.
1. Name of Firm or Individual
41 Main Street
2. Address
Bolton
3. City/Town
MA
4. State
01740
5. Zip Code
(800) 725-2550
6. Telephone #
7. Ext. #
Nick Cristofori, ncristofori@ceiengineers.com
8. Contact Person
9. LSP Number (BWSC Permits only)
E. Permit - Project Coordination
1. Is this project subject to MEPA review? yes no
If yes, enter the project’s EOEA file number - assigned when an
Environmental Notification Form is submitted to the MEPA unit:
EOEA File Number
F. Amount Due
DEP Use Only
Special Provisions:
1. Fee Exempt: city, town, county, or district of the Commonwealth; federally recognized Indian tribe housing authority;
municipal housing authority; the MBTA; or state agency if fee is $100 or less. There are no fee exemptions for BWSC
permits, regardless of applicant status.
2. Hardship Request - payment extensions according to 310 CMR 4.04(3)(c).
3. Alternative Schedule Project (according to 310 CMR 4.05 and 4.10).
4. Homeowner (according to 310 CMR 4.02).
Permit No:
Rec’d Date:
Reviewer: N/A
Check Number
N/A
Dollar Amount
N/A
Date
noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/17/11 Page 1 of 2
5
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:
125 Sea Gull Road
a. Street Address
Yarmouth
b. City/Town
c. Check number
d. Fee amount
2. Applicant Mailing Address:
a. First Name
b. Last Name
Yarmouth DPW
c. Organization
74 Town Brook Road
d. Mailing Address
West Yarmouth
e. City/Town
MA
f. State
02673
g. Zip Code
h. Phone Number
i. Fax Number
j. Email Address
3. Property Owner (if different):
a. First Name
b. Last Name
Town of Yarmouth
c. Organization
1146 Route 28
d. Mailing Address
South Yarmouth
e. City/Town
MA
f. State
02664
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. 10/17/11 Page 2 of 2
5
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
1/ Coastal Engineering Structure
1
$0 (Exempt)
$0 Exempt
Step 5/Total Project Fee:
Step 6/Fee Payments:
Total Project Fee: $0 (Exempt)
a. Total Fee from Step 5
State share of filing Fee: $0 (Exempt)
b. 1/2 Total Fee less $12.50
City/Town share of filling Fee: $0 (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.)
wpaform3.doc • rev. 12/4/2023 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):
125 Sea Gull Road
a. Street Address
Yarmouth
b. City/Town
02673
c. Zip Code
Latitude and Longitude: 041 38' 11.9121" N
d. Latitude
070 14' 11.8742" W
e. Longitude
f. Assessors Map/Plat Number
g. Parcel /Lot Number
2. Applicant:
Nate
a. First Name
Whetten
b. Last Name
Yarmouth DPW
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
x1252
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
Town of Yarmouth
c. Organization
1146 Route 28
d. Street Address
South Yarmouth
e. City/Town
MA
f. State
02664
g. Zip Code
h. Phone Number
i. Fax Number
j. Email address
4. Representative (if any):
Nick
a. First Name
Cristofori
b. Last Name
Comprehensive Environmental Inc.
c. Company
41 Main Street
d. Street Address
Bolton
e. City/Town
MA
f. State
01740
g. Zip Code
(800) 725-2550
h. Phone Number
i. Fax Number
ncristofori@ceiengineers.com
j. Email address
5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
EXEMPT
a. Total Fee Paid
b. State Fee Paid
c. City/Town Fee Paid
wpaform3.doc • rev. 12/4/2023 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:
SEE ATTACHED
7a. Project Type Checklist: (Limited Project Types see Section A. 7b.)
1. Single Family Home 2. Residential Subdivision
3. Commercial/Industrial 4. Dock/Pier
5. Utilities 6. Coastal engineering Structure
7. Agriculture (e.g., cranberries, forestry) 8. Transportation
9. Other
7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological
Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)?
1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR
10.24 and 10.53 for a complete list and description of limited project types)
2. Limited Project Type
If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310
CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited
Project Checklist and Signed Certification.
8. Property recorded at the Registry of Deeds for:
a. County
b. Certificate # (if registered land)
c. Book
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. 12/4/2023 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. 12/4/2023 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
345
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. 12/4/2023 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
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. 12/4/2023 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 - Bourne 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 - Plymouth 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. 12/4/2023 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.
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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.
Sea Gull Road Slope Stabilization
a. Plan Title
Comprehensive Environmental Inc.
b. Prepared By
Matthew Lundsted
c. Signed and Stamped by
January 2024
d. Final Revision Date
As shown
e. Scale
f. Additional Plan or Document Title
g. Date
5. If there is more than one property owner, please attach a list of these property owners not
listed on this form.
6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
8. Attach NOI Wetland Fee Transmittal Form
9. Attach Stormwater Report, if needed.
E. Fees
1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district
of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing
authority, or the Massachusetts Bay Transportation Authority.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee
Transmittal Form) to confirm fee payment:
2. Municipal Check Number
3. Check date
4. State Check Number
5. Check date
6. Payor name on check: First Name
7. Payor name on check: Last Name
Town of Yarmouth – NOI Submittal 1
Sea Gull Road Slope Stabilization
1.0 Introduction
1.1 Project Description and Location
The proposed project is a continuation of the Sea Gull Road Culvert Restoration Project previously
completed and approved under MassDEP File Number X287284 funded by the Town of Yarmouth. The
project proposes installation of Nature-Based Solutions (NBS) bank stabilization features along a small
portion of shoreline embankment adjacent to a recently replaced culvert towards the eastern end of Sea
Gull Road. Proposed improvements focus on the use of green infrastructure, including native plantings
and biologs, that will help reduce sediment erosion and paved road failure. This project will also
eliminate an existing paved swale drainage discharge which flows untreated into Lewis Pond. The
proposed slope stabilization project is located within the Town of Yarmouth owned right-of-way (ROW)
near 125 Sea Gull Road where previously the Sea Gull Road Culvert Restoration Project took place (see
Figure 1).
1.2 Background
When Sea Gull Road was reconstructed in the 1950s, two 12” diameter reinforced concrete drainage
pipes were installed to provide tidal connectivity to two isolated salt marsh areas on the south side of
the road which were cut off from tidal Lewis Pond. By the early 21st century, the concrete pipes began
deteriorating to the point that the roadway embankment soil was entering voids in the pipe under the
paved road such that the tidal flow was becoming restricted. The pipes went under a number of
temporary repairs but needed to be permanently replaced to restore the full tidal flow to the isolated
salt marsh areas. In 2021 as part of the Sea Gull Road Culvert Replacement Project each of the existing
concrete pipes were replaced with a new 12” diameter watertight SDR 21 PVC which restored the tidal
flow. Also included was the addition of precast concrete wingwalls at the ends of each pipe to help
stabilize the roadway embankment at all four pipes.
The adjacent culvert embankments were further stabilized with an erosion control blanket and salt-
tolerant indigenous plants, however, no additional work in these areas was completed. In part as a
result of the improved flow through the pipes, areas immediately adjacent to the concrete wingwalls are
exhibiting erosion between the approximate low tide and high tide lines to the point that an existing
paved drainage swale became undermined and collapsed, and long-term stability of the roadway is
starting to be threatened in this area. This area needs to be permanently replaced in order to restore
the embankment stabilization and reduce the volume of sediment eroding.
1.3 Goals
The goal of the project is to restore bank stability adjacent to the Sea Gull Road culvert through
implementation of green infrastructure focused on stabilizing the slope and minimizing erosion. The
project will be evaluated through the effectiveness of green infrastructure to be measured through the
volume of sediment erosion.
1.4 Existing Conditions
The project area is located on the north side of a section of roadway in the vicinity of 125 Sea Gull Road.
Existing conditions within the proposed project area consist of a paved road, approximately 22-feet wide
with a 4’ shoulder. Existing infrastructure in the area includes a concrete wingwall at the end of a 12”
diameter culvert pipe as well as a paved swale to direct localized surface stormwater runoff away from
the roadway. The area immediately adjacent to the culvert is mostly vegetated and slopes down from
the road towards Lewis Pond. Stormwater currently washes sediment from the roadway and adjacent
Town of Yarmouth – NOI Submittal 2
Sea Gull Road Slope Stabilization
areas down the deteriorated paved drainage swale leading to erosion. This stormwater flow containing
sediment from the embankment will make its way to the culvert and into the pipe where it can
potentially accumulate, adversely impacting the tidal flow to the isolated salt marsh. Site conditions as
of November 2023 can be observed in the Photo Log (Attachment A).
1.5 Massachusetts Endangered Species Act (MESA Review)
A review of the most recent Priority Habitat and Estimated Habitat Map of State-Listed Rare Wetland
Wildlife, published by the NHESP reveals that the project site is not located in Priority Habitat or
Estimated Habitat of Rare Wildlife.
2.0 Alternative Analysis
2.1 Alternative 1 – Green Infrastructure (Preferred Alternative)
The existing biodegradable erosion blanket and vegetation plantings that were put in place as part of
the culvert replacement in 2021 are deteriorating. They are now deteriorating to the point of
embankment and roadway pavement failure. This alternative includes the replacement of the erosion
blanket with four 16” biodegradable coir logs as shown on the plans. Also included is the revegetation of
the embankment for stabilization on both the East and West of the culvert using native plantings as
shown in the plans. This alternative includes Nature-Based Solutions and green infrastructure rather
than “hard” stabilization methods.
2.2 Alternative 2 – Replace Existing Embankment with a Concrete Revetment
This alternative involves the excavation of the current embankment and replacement of the current
destabilized embankment with a 20-foot concrete sea wall on either side of the culvert. This alternative
will lead to a temporary road closure at the time of the construction for the replacement where the road
serves as the only access to the Town’s public beach located at the end of the road. This situation can be
expected to substantially impact the biodiversity of the habitat surrounding the existing culvert.
2.3 Alternative 3 - Do Nothing
If nothing is done, the soil embankment that supports the roadway will continue to deteriorate. Such
loss of roadway embankment soil will continue to result in the deterioration of the paved road which
will create a safety hazard and will require constant maintenance if the situation is not permanently
repaired. In addition, the embankment will continue to deteriorate and allow soil to enter and clog the
pipes which will lead to partial or total interruption of the tidal flow to the isolated salt marsh on the
south side of the roadway embankment.
3.0 Proposed Work
3.1 Description of Proposed Work
Portions of the existing roadway embankment located on either side of the concrete wingwalls
extending approximately 15’ in either direction are proposed to be stabilized with salt-tolerant native
plants following completion of the installation of four 16” coir logs as shown on the proposed project
plans. The coir logs will be staked into the ground using biodegradable stakes, and the ends will be
buried into the existing bank with the bank grade matched into the existing ground surface.
Town of Yarmouth – NOI Submittal 3
Sea Gull Road Slope Stabilization
Stabilization in the high marsh will include the installation of a biodegradable erosion control fabric and
plantings of salt meadow cordgrass, saltmarsh rush and shrubs such as high tide bush. Stabilization in
the transitional uplands will include the same biodegradable erosion control fabric along with plantings
of shrubs such as high tide bus, groundsel bush and bayberry in addition to a seed mixture such as New
England coastal salt tolerant grass mix.
The existing paved drainage swale to the west of the culvert will be removed to eliminate an existing
untreated stormwater discharge and the asphalt berm will be extended to reduce the amount of
stormwater runoff from the paved road which will reduce embankment erosion. Additionally, the
existing rip rap to the east of the culvert will be removed and replaced above the proposed coir logs to
improve embankment stabilization. Project design plans are provided in Attachment B.
3.2 Site Soils
The distribution of sediment grain sizes at the site will remain unchanged from existing conditions. A
sediment analysis of the existing material within the project limits was completed by the town via
GeoTesting Express. Existing material was identified as Poorly Graded Sand (ASTM, SP) or Fine Sand
(AASHTO A-3 (1)). Proposed material to be replaced as part of this project will use the equivalent
MassDOT gradation, or Sand Borrow.
3.3 Construction Protocols
The following construction protocols shall be adhered to as part of this project.
Construction Kick-Off Meeting
Prior to the start of any work there will be an on-site meeting to review the Restoration Order of
Conditions and to satisfy the Conservation Agent that the work will be done as specified. The
construction start date to occur upon completion of all pre-construction requirements outlined in the
specifications and Order of Conditions, as well as any pre-construction requirements outlined during the
pre-construction meeting. It is anticipated that the following individuals will be represented:
• Construction Contractor
• Comprehensive Environmental Inc.
• Yarmouth Conservation Commission Representative
• Yarmouth Department of Public Works
To be discussed during this meeting:
• Existing conditions, necessary precautions to be taken by the Contractor
• Access for equipment and materials to the job site
• Construction procedure and schedule
• Necessary post-construction reparations and conditions
• Procedure for post-construction inspection
• Traffic Control during the Construction Period
Preconstruction Requirements to be Met by the Contractor
The following items shall be met by the Contractor prior to commencing construction:
• Proof and Certification of Insurance Coverage
• Waiver, Release and Indemnification
• Posting of DEP sign
• Installation of erosion control facilities including temporary sheet pile cofferdam
Town of Yarmouth – NOI Submittal 4
Sea Gull Road Slope Stabilization
Access and Staging Areas
The construction access will be from Sea Gull Road, and all construction equipment and materials shall
be kept within the confines of the paved portions of the road. The Staging Area shall be maintained
within the limits of the paved roadway.
Equipment on Work Site
During the course of construction, the following equipment is anticipated to be used in the designated
limit of work area:
• Back Hoe, Compaction Equipment, Dump Truck
• Hand Excavating Tools
• When not in use, equipment is to be stored in the approved staging area as referenced above.
Work Completion
Upon completion of the construction, all disturbed surfaces to be ready for re-vegetation as soon as
possible. The contractor is to notify the owner for a meeting with the parties taking part in the pre-
construction meeting, prior to removal of equipment. Deficiencies will be identified to the Contractor on
re-contouring requirements, and road conditions, which will be performed under the direction of the
owner.
Invasive Species Prevention and Erosion Control
Any invasive species encountered within the proposed work areas at the site will be removed, and those
areas will be replanted with indigenous, salt-tolerant planting. Prior to the start of the construction, the
contractor shall install the temporary proposed erosion controls and resource area protection items
such as silt fencing, hay bales, straw waddles, and/or sandbags for erosion control.
Upon completion of the construction effort, and as soon as weather permit to meet the first growing
season, any unanticipated disturbed areas are to be restored and re-vegetated with native species. All
erosion control facilities shall be maintained in place until the proposed revegetated areas have attained
full maturity of growth.
Post-Construction Photographs
The owner shall supply the Conservation Commission with post-construction photographs of the
project.
4.0 Performance Standards Narrative
Land Subject to Coastal Storm Flowage
The only regulated area that this project will impact is Coastal Storm Flowage. Resource area impacts
are provided in Attachment C.
Land Subject to Coastal Storm Flowage (LSCSF) means land subject to inundation caused by coastal
storms up to and including that caused by the 100-year storm, surge of record or storm of record,
whichever is greater.
The surface of the roadway pavement at the location of both culverts ranges between about EL. 4.0 and
EL. 6.0 whereas the 100-year flood elevation in the same area ranges between EL. 11.0 and EL. 13.0 so
Town of Yarmouth – NOI Submittal 5
Sea Gull Road Slope Stabilization
the project is situated well within LSCSF. This project will reestablish the natural bank grading and blend
into adjacent areas. No changes to the existing roadway components or grades are proposed as part of
this project. All unpaved areas disturbed by this project will be revegetated with indigenous, salt
tolerant plantings. The plans indicate that the proposed limit of work will be kept to as small an area as
possible and all construction equipment and material storage is proposed to be maintained within the
paved areas as the site at all times.
5.0 DEP Stormwater Standards and Report
The implementation of the shoreline erosion control BMPs will not add any additional impervious area.
Additionally, an existing untreated stormwater discharge to Lewis Pond will be removed as part of this
project. All resource area disturbance is limited to Land Subject to Coastal Flooding.
6.0 Abutters
The implementation of the shoreline erosion control BMPs will not add any additional impervious area.
All resource area disturbance is limited to Land Subject to Coastal Flooding.
Figure 1
Locus Map
1
•Soils Data from
NRCS Web Soil
Survey.
41 Main Street Bolton, MA 01740
March 2024
317-3
SC
NC
As Shown
Yarmouth, MA - Sea Gull Road Slop Stabilization
Notice of Intent
Attachment A
Site Photographs
Sea Gull Road Exis�ng Condi�ons Photo Log
November 13, 2023
Photo 1: Culvert with Wingwall
Sea Gull Road Exis�ng Condi�ons Photo Log
November 13, 2023
Photo 2: Embankment Erosion East of Culvert
Sea Gull Road Exis�ng Condi�ons Photo Log
November 13, 2023
Photo 3: Embankment Erosion West of Culvert
Sea Gull Road Exis�ng Condi�ons Photo Log
November 13, 2023
Photo 4: Pavement Erosion West of Culvert
Sea Gull Road Exis�ng Condi�ons Photo Log
November 13, 2023
Photo 5: Paved Drainage Swale
Yarmouth, MA - Sea Gull Road Slop Stabilization
Notice of Intent
Attachment B
Resource Impact Areas
Yarmouth, MA - Sea Gull Road Slop Stabilization
Notice of Intent
Attachment C
Design Plans
Yarmouth, MA - Sea Gull Road Slop Stabilization
Notice of Intent
Attachment D
Site Abutters
NOTIFICATION TO ABUTTERS UNDER THE
TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143
In accordance with the Town of Yarmouth Wetland Regulations Section 2.03, you are hereby notified of
the following:
A. The name of the applicant is Town of Yarmouth
B. The applicant has filed a Notice of Intent with the Yarmouth Conservation Commission,
seeking knowledge of whether a project is subject to the Wetlands
Protection Act (MGL c. 131 s. 40) or Bylaw (Town of Yarmouth Wetland By-Law, Chapter 143).
C. The address of the lot where the activity is proposed is 125 Sea Gull Road
D. Proposed work is proposed slope stabilization
E. Copies of the Request for Determination of Applicability 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 Request for Determination of Applicability may be obtained from either the
applicant or applicant’s representative. Applicant’s phone number
Or Applicant’s representatives phone number Comprehensive Environmental Inc. 800-725-2550
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 Nick Cristofori, Comprehensive Environmental Inc.
Address 41 Main Street
Town Bolton State MA Zip _01740
Telephone 800-725-2550
Note:
• 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 on the Town Website
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.
15/ 10/ / /
KIRWIN SCOTT M
KIRWIN JENNIFER LEE
27 TOWER HILL RD
NORTH READING , MA 01864
15/ 14/ / /
TSENG FRANKLIN TR
TSENG MELANIE L TR
37 INDIAN MEMORIAL DR
SOUTH YARMOUTH , MA 02664
15/ 15/ / /
ARONSON RICHARD B TR
STARLIGHT REALTY TRUST
11 LAWRENCE LN
LEXINGTON , MA 02421
15/ 13/ / /
FRANK CHARLES P
FRANK MARIE G
37 OLDE ENGLISH ROAD
BEDFORD , NH 03110
15/ 11/ / /
GR ISLAND OCEAN CLUB HOA
PO BOX 727
WEST YARMOUTH , MA 02673
15/ 12/ / /
JUMES JAMES
JUMES PATRICIA
26 ACACIA AVE
CHESTNUT HILL , MA 02467
15/ 16/ / /
GR ISLAND OCEAN CLUB HOA
PO BOX 727
WEST YARMOUTH , MA 02673
15/ 18/ / /
MULLINS GERALD E
MULLINS DOROTHY
200 CEDARWOOD RD
STAMFORD , CT 06903-2523
15/ 17/ / /
POWERS MANAGEMENT LLC
C/O MARK GOMBAR
P O BOX 1667
CARLSBAD , CA 92018-1667
15/ 19/ / /
GREAT ISL OCEAN CLUB
HOMEOWNERS
P O BOX 684
WEST YARMOUTH , MA 02673
15/ 24/ / /
FLYNN JOANNA L TRS
GEHRET JOHANNA R TRS
29 RANLETT LN
BILLERICA , MA 01821
15/ 9/ / /
EVANS JASON
EVANS DIANE
6 MCCASLAND WAY
FOXBORO , MA 02035
15/ 23/ / /
TOWN OF YARMOUTH
CONSERVATION & PARK
1146 ROUTE 28
SOUTH YARMOUTH , MA 02664-4463
Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:125 Seagull Beach, West Yarmouth, MA 02673Assessors Map 15, Lot 23______________________________________Andy Machado, Director of AssessingMarch 28, 2024