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HomeMy WebLinkAboutNOI application July 2, 2024 Brittany DiRienzo Conservation Administrator Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 bdirienzo@yarmouth.ma.us RE: Notice of Intent Submittal Cape and Islands Nissan 770 Route 28, South Yarmouth, MA (Map 33, Lot 38, 39 & 40) ADE Project #3376.00 Dear Ms. DiRienzo: On behalf of the applicant, enclosed, please find documents associated with the above-listed Notice of Intent for Cape and Islands Nissan at 770 Route 28 in South Yarmouth, MA on behalf of the applicant Included in this submittal package: (1) Copy Administrative Checklist (1) Complete NOI Application WPA Form 3 (with original signatures) (1) Stormwater Drainage Analysis dated June 21, 2024 (1) Original and (6) Copies of the plan (Site Plans for Cape & Islands Nissan Revised June 28, 2024) Checks for the following: (1) Check payable to Town of Yarmouth in the amount of $537.50 for the Town Share of the State Filing Fee (1) Check payable to Town of Yarmouth in the amount of $300.00 for the By-Law Filing Fee (1) Check payable to Town of Yarmouth in the amount of $10.00 for the Legal Advertising Fee If you have any questions or require further information, please don’t hesitate to contact me at (508) 888-9282. Sincerely, ATLANTIC DESIGN ENGINEERS, INC. Richard J. Tabaczynski, P.E. Vice President cc. MassDEP – SE ConServ Group, Inc. Steven Sewell Notice of Intent Application for Proposed Automobile Dealership Cape and Islands Nissan 770 Route 28, South Yarmouth, MA 02664 (Assessors Map 33, Lots 38, 39 & 40) Applicant: Conserv Group, Inc. 110 State Road, Suite 7 Sagamore Beach, MA 02562 Prepared by: Atlantic Design Engineers, Inc. P.O. Box 1051 Sandwich, Massachusetts 02563 Date: June 28, 2024 Atlantic Project No. 3376.00 Notice of Intent Application Cape & Islands Nissan 770 Route 28 South Yarmouth, MA 02664 June 28, 2024 TABLE OF CONTENTS PROJECT NARRATIVE I.SITE DESCRIPTION II.PROPOSED WORK III.STORMWATER MANAGEMENT IV. CONSTRUCTION SEQUENCING AND EQUIPMENT APPENDICES A.Application Forms •Administrative Checklist for Notice of Intent •WPA Form 3 – Notice of Intent •Notice of Intent Wetland Fee Transmittal Form B.Abutter Notification •List of Abutters Within a 100-foot Radius of Project Parcel •Abutter Notification Letter •Postmarked Certified Mail Receipts and Green Return Cards (Green Cards To be Provided at the Hearing) •Affidavit of Service C.Miscellaneous Figures (Aerial Locus, USGS) D.Photographs of Project Area E.Site Access Authorization Form F.Stamped Plans (Under Separate Cover) – “Site Plans for Cape & Islands Nissan” Revised June 28, 2024 G.Stormwater Report (Under Separate Cover) – “Stormwater Drainage Analysis for Cape & Islands Nissan” dated June 21, 2024 H.Wetland Delineation Report – Goddard Consulting dated April 4, 2024 Notice of Intent Application C&I Nissan South Yarmouth, MA 02664 June 28, 2024 1 I.SITE DESCRIPTION The project site is a 2.86-acre parcel on the north side of Route 28, just west of the Route 28/Sea View Ave intersection. The property lies completely within a flood zone AE (EL. 11) and is partially wooded with an automobile storage area located at the front of the property along Route 28. The abutting property to the west is a Kia dealership while the abutting property to the East is a transitions center. The topography onsite gradually slopes to the north where Swan Pond is located. Environmental Consulting & Restoration, LLC. was onsite and delineated the Bordering Vegetated Wetland (BVW) to the north of the along with the Isolated Vegetated Wetlands (IVW) to the East of the site; the Report from ECR can be found in the appendices. The site lies does not lie within a DEP designated Zone II, or an aquifer protection area based upon review of the Yarmouth zoning map and Massachusetts Geographic Information. The site is located within a flood zone AE (EL.11) based upon a review of the FEMA FIRM map number 25001C0589J, effective date July 16, 2014. The property is not located within an Estimated Habitat of Rare Wildlife or Priority Habitat of Rare Species, as mapped by the Natural Heritage and Endangered Species Program (NHESP). The site is not located within an Area of Critical Environmental Concern (ACEC). SCS soil mapping indicates the site is primarily Carver coarse sand, Hydraulic Soil Group A. II.PROPOSED PROJECT The proposed project includes the construction of a 9,991sf automobile dealership along with associated parking, automobile inventory storage, drainage systems, septic system, water and utility connections, landscaping and lighting. In compliance with the Town of Yarmouth Zoning Bylaws there will be 54 parking spaces provided, 3 of which being designated as handicapped parking. The proposed work on the site is entirely within land subject to coastal storm flowage but only a small portion of the work is within the 100 ft buffer zone to the IVW. Approximately 12,700sf of disturbance is proposed within the 50-100 ft buffer from the IVW on the abutting property to the east. In accordance with section 6.02(2) of the Town of Yarmouth Wetland Protection Regulations, a 50ft undisturbed buffer is to be maintained from the isolated wetlands to avoid unnecessary disturbance and mitigation planting. No work is proposed within the 100 ft buffer to the BVW at the north end of the site. Double erosion controls are to be used upland of the wetlands. III.STORMWATER MANAGEMENT The proposed stormwater system consists of a series of deep sump hooded catch basins, First Defense HC water quality units, drainage pipes, an above-ground stormwater infiltration basin and a subsurface stormwater infiltration system. Runoff from all paved surfaces (access drives, parking areas, vehicle storage areas) is collected and routed to an above-ground infiltration basin and a subsurface infiltration system, located at the east of the building and at the northern side of the parking lot, respectively. A complete Stormwater Report documenting compliance with the DEP Stormwater Management Standards, as well as the Town of Yarmouth Stormwater Management Performance Standards, has been provided along with appropriate design details on the Site Plans. Erosion control measures Notice of Intent Application C&I Nissan South Yarmouth, MA 02664 June 28, 2024 2 (sediment logs or approved equal) will be in place and maintained at the proposed limit of work throughout construction, until vegetation has stabilized, to protect the wetlands IV.CONSTRUCTION SEQUENCING AND EQUIPMENT 1) Install erosion control measures at the limit of work as shown on the erosion control plans. 2) Install stone tracking pad at the entrance as shown on the erosion control plans. 3) Clear and grub the established limit of work. 4) Demo the existing automobile inventory storage area and rough grade the site. 5)Install the proposed stormwater management systems and utilities, ensure that the specified erosion control measures are being implemented at each upon installation (siltsack sediment traps at catch basins and sediment logs at the drainage basin). 6)Establish sub grade for the parking lot and automobile inventory storage and pave. 7) Work associated with the building foundation and work inside the building envelope to be conducted between steps 4-8. 8) Once all of the site work is completed, vegetation has been stabilized, and the site has been inspected and approved by the design engineer; temporary erosion control measures are to be removed. Equipment to be used onsite: Excavators, Front Loaders, Dump Trucks, Skid Steer Loaders, Jackhammers, Plate Compactors, Concrete Trucks, Boom Lifts, Asphalt Pavers, and miscellaneous hand tools. APPENDIX A Application Forms Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 03/2024 Page 1 of 2 Administrative Checklist Notice of Intent General Information: All filings must be made on Town of Yarmouth forms. The filing deadline is two weeks prior to the next scheduled Conservation Commission meeting for new applications. Failure to follow this Checklist shall result in an Administratively Incomplete Application and will not be advertised for a Public Hearing. Refer to the meeting schedule. Contact the Conservation Office if you need assistance. Submitting an Application: Does the property have any outstanding/expired Orders of Conditions? If so, please file a Request for Certificate of Compliance for each outstanding/expired Order, as the Commission may not issue a new Order until any outstanding/expired Orders have been closed and recorded. (*see page 2) Hardcopy filing dropped off or mailed to the Conservation Office including: 1 Administrative Checklist 1 complete NOI application WPA form 3 with original signatures. Typed signatures will not be accepted. Detailed narrative of the project including existing & proposed conditions, construction sequence, type of equipment, staging locations, drainage and stormwater, erosion controls, invasive species management and alternative analysis. The narrative shall include how the project meets performance standards per 310 CMR 10.0 & TOY Wetland Regulations, delineation sheets (if BVW or vegetated wetlands are present) or other resource area calculations, and supporting information. 1 100’ radius map, current abutters list identifying the property owners who are to be notified per 310 CMR 10.00 and abutter notification form. Abutters list must be certified by the Town Assessor’s office. The Assessor’s office requires 7 days advance notice. All abutters must be notified via certified mail. Certified Mail Receipts (PS Form 3800) for all abutters. Green cards to be submitted at the hearing. 1 original and 6 copies of the plan, folded separately, right side out with title and project address visible. All plans shall reference NAVD1988 unless otherwise noted. See plan requirements Yarmouth’s share of State filing fee: Separate check made payable to “Town of Yarmouth” (refer to NOI Wetland Fee Transmittal Form) By-law filing fee: Separate check made payable to “Town of Yarmouth” Legal ad fee: Separate check made payable to “Town of Yarmouth” Please list project property’s street address on checks. Refer to Fee Schedule DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection Box 4062 Boston, MA 02211 CONSERVATION OFFICE X X X X X X X X X X Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 03/2024 Page 2 of 2 DEP Submittal and Digital filing If you are filing with MassDEP using eDEP, please include a copy of the submittal confirmation with your application. If not filing via eDEP, a PDF of your application, plan, and all other supporting information must be sent VIA EMAIL the same day to DEP, Southeast Region at SERO_NOI@mass.gov with the subject line in the email per DEP’s request listed as “YARMOUTH - NOI - Street Address - Applicant Name” and copied to bdirienzo@yarmouth.ma.us and fkelley@yarmouth.ma.us. We must receive a copy of this email with the application as proof that it has been submitted to DEP. Initial below I CERTIFY that all on-site requirements will be completed by noon on the Friday prior to the hearing date. All proposed structures must be staked, and all relevant resource areas and buffer zones must be staked or flagged. Please consult the Yarmouth Wetland Regulations, page 17. Without proper staking your project may be deemed incomplete and be continued to the next hearing date. I understand that in person representation is required at the scheduled hearing to present to the conservation commission If Applicable Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program Certified Mail Receipt for Massachusetts Division of Marine Fisheries. If filing via email, CC bdirienzo@yarmouth.ma.us and fkelley@yarmouth.ma.us Waterway’s jurisdiction – Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his/her representative must provide the Conservation office with proof that this has been done or the filing will not be accepted. Other Requirements o Does the proposed project meet the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? If so, you must file with ZBA after conservation permitting is completed. o If a vacant lot, have you completed and received a determination for the Building Department for a lot inquiry form? *To view all Conservation files/permits for the property address online, go to www.yarmouth.ma.us/LF X N/A N/A N/A RJT RJT 21 day waiver CONSERVATION OFFICE Town of Yarmouth Conservation Commission 21-DAY WAIVER Please complete this form, sign at the bottom and return to the Conservation Office. I, , hereby waive the 21-day time period for a public hearing/meeting and/or issuance of the: OOC / DOA / COC / ORAD following receipt of my filing of a: Notice of Intent Request for Determination of Applicability Request for Certificate of Compliance Other by the Yarmouth Conservation Commission under Massachusetts General Laws, Ch. 131, sec. 40, and/or under Yarmouth Wetland Bylaw. The application was submitted on (date received by Conservation Office) for work at (project address/location) I am the: Applicant Applicant's Representative Property Owner Signature Date NOTE: Please be advised that you will be notified of the meeting date once this application has been assigned to a Conservation Meeting Agenda at the email address listed on the application. X 770 Route 28, South Yarmouth, MA 02664 Richard J. Tabaczynski, P.E. X 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): 770 Route 28 a. Street Address South Yarmouth b. City/Town 02664 c. Zip Code Latitude and Longitude: 41.65097 d. Latitude -70.21868 e. Longitude 33 f. Assessors Map/Plat Number 38, 39 & 40 g. Parcel /Lot Number 2. Applicant: Roy a. First Name Catignani b. Last Name Conserv Group, Inc. c. Organization 110 State Road - Suite 7 d. Street Address Sagamore Beach e. City/Town MA f. State 02562 g. Zip Code 508-888-6555 h. Phone Number i. Fax Number rcatignani@conservgroup.com j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner Steven a. First Name Sewell (Manager) b. Last Name Mash Realty, LLC. c. Organization 17 Old Main Street d. Street Address West Dennis e. City/Town MA f. State 02670 g. Zip Code 774-244-2537 h. Phone Number i. Fax Number steve@kiacape.com j. Email address 4. Representative (if any): Richard a. First Name Tabaczynski, P.E. b. Last Name Atlantic Design Engineers, Inc. c. Company 39 Pleasant Street d. Street Address Sagamore e. City/Town MA f. State 02561 g. Zip Code (508) 888-9282 h. Phone Number (508) 888-5859 i. Fax Number rtab@atlanticcompanies.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): 1,050 a. Total Fee Paid 512.50 b. State Fee Paid 537.50 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: Proposed 9,991 sf automobile dealership along with associated parking, vehicle inventory storage, drainage, septic and utility systems, landscaping and lighting, all within land subject to Coastal Storm Flowage. The project will have approximately 4,100 sf of landscaping and 8,715 sf of impervious surface within the 100-ft. buffer to an isolated vegetated wetland. No work is to be conducted within 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: Banstable a. County b. Certificate # (if registered land) 34709 c. Book 146 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 92,150 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 August 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. 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. wpaform3.doc • rev. 12/4/2023 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. Site Plans for Cape & Islands Nissan a. Plan Title Atlantic Design Engineers b. Prepared By Richard J. Tabaczynski, P.E. c. Signed and Stamped by June 28, 2024 d. Final Revision Date 1"=40' 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: 45940 2. Municipal Check Number 06/27/2024 3. Check date 45941 4. State Check Number 06/27/2024 5. Check date Roland 6. Payor name on check: First Name Catignani 7. Payor name on check: Last Name wpaform3.doc • rev. 12/4/2023 Page 9 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. 1. Signature of Applicant 2. Date 3. Signature of Property Owner (if different) 4. Date 5. Signature of Representative (if any) 6. Date For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the “yes” box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent.             noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 770 Route 28 a. Street Address South Yarmouth b. City/Town 45941 c. Check number 512.50 d. Fee amount 2. Applicant Mailing Address: Roy a. First Name Catignani b. Last Name Conserv Group, Inc. c. Organization 110 State Road - Suite 7 d. Mailing Address Sagamore Beach e. City/Town MA f. State 02562 g. Zip Code 508-888-6555 h. Phone Number i. Fax Number rcatignani@conservgroup.com j. Email Address 3. Property Owner (if different): Steven a. First Name Sewell (Manager) b. Last Name Mash Realty, LLC. c. Organization 17 Old Main Street d. Mailing Address West Dennis e. City/Town MA f. State 02670 g. Zip Code 774-244-2537 h. Phone Number i. Fax Number steve@kiacape.com 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 3(b) 1 1,050 1,050 Step 5/Total Project Fee: 1,050 Step 6/Fee Payments: Total Project Fee: 1,050 a. Total Fee from Step 5 State share of filing Fee: 512.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: 537.50 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.) APPENDIX B Abutter Notification 33/ 39/ / / MASH REALTY LLC 17 OLD MAIN ST WEST DENNIS , MA 02670 33/ 36.1/ / / MASH REALTY LLC 760 ROUTE 28 SOUTH YARMOUTH , MA 02664 33/ 41.1/ / / TRANSITIONS CENTERS INC 782 ROUTE 28 UNIT 1 SOUTH YARMOUTH , MA 02664 33/ 34/ / / KEOGH DESMOND J BOLT THERESA M 109 CARRIAGE LN BARNSTABLE , MA 02630 33/ 40/ / / MASH REALTY LLC 17 OLD MAIN ST WEST DENNIS , MA 02670 33/ 77/ C10/ / 785 ROUTE 28 LLC 176 SUDBURY LN HYANNIS , MA 02601 33/ 77/ C1/ / 785 ROUTE 28 LLC 28 HODGES AVE UNIT 1 QUINCY , MA 02171 33/ 77/ C2/ / 785 ROUTE 28 LLC 176 SUDBURY LN HYANNIS , MA 02601 33/ 77/ C3/ / 785 ROUTE 28 LLC 176 SUDBURY LN HYANNIS , MA 02601 33/ 77/ C4/ / 785 ROUTE 28 LLC 176 SUDBURY LN HYANNIS , MA 02601 33/ 77/ C5/ / DE MELO JOSE CARLOS 785 ROUTE 28 UNIT 5 , SOUTH YARMOUTH , MA 02664 33/ 77/ C6/ / GENTIL PRISCILLA PADOVANI C/O GONCALVES MARCIO 785 ROUTE 28 UNIT 6 SOUTH YARMOUTH , MA 02664 33/ 77/ C7/ / 785 ROUTE 28 LLC 176 SUDBURY LN HYANNIS , MA 02601 33/ 77/ C8/ / PUN HONG KIN C/O DRIFTWOOD AT SEAVIEW LLC 131 CHARLESBANK RD UNIT A NEWTON , MA 02458 33/ 77/ C9/ / 785 ROUTE 28 LLC 176 SUDBURY LN HYANNIS , MA 02601 SEAVIEW MOTEL CONDONIMIUM 785 ROUTE 28 WEST YARMOUTH , MA 02673 SEAVIEW MOTEL CONDO MAIN 785 ROUTE 28 UNIT 1 SOUTH YARMOUTH , MA 02664 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:770 Route 28, South Yarmouth, MA 02664Assessors Map 33, Lot 40_____________________________________Andy Machado, Director of AssessingMay 17, 2024 NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT & TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143 In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A.The name of the applicant is ________________________________________________ B.The applicant has filed a Notice of Intent with the Yarmouth Conservation Commission, seeking permission to remove, fill, dredge or alter an Area Subject to Protection under the Wetlands Protection Act (MGL c. 131 s. 40 & Town of Yarmouth Wetland By-Law, Chapter 143). C.The address of the lot where the activity is proposed is ______________________________ D.Proposed work is _____________________________________________________________ E.Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2231 ext. 1288. F.Copies of the Notice of Intent may be obtained from either the applicant or applicant’s representative. Applicant’s phone number _____________________________________ Or Applicant’s representatives phone number ___________________________________ G.Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 H.Person sending this notification (applicant, representative or other) Name __________________________________________ Address ________________________________________ Town _________________ State _______ Zip _________ Telephone _______________________________________ NOTES : •Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. •Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. •You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application. ConServ Group, Inc. 770 Route 28, South Yarmouth, MA 02664 ___________________________________________________________________________ (508) 888-6555 (508) 888-9282 Atlantic Design Engineers, Inc. P.O. Box 1051 Sandwich MA 02563 (508) 888-9282 9,991 sf automobile dealership along with associated parking, vehicle inventory storage, drainage, septic and utility systems, landscaping and lighting, all within land subject to Coastal Storm Flowage. The project will have aproximately 4,100 sf of landscaping and 8,715 sf of impervious surface within the 100-ft. buffer to an isolated vegetated wetland. No work is to be conducted within the 50-ft. wetland buffer. BUSINESS 1 (B1) BUSINESS 2 (B2) & HMOD1 RES. 25 (R25) BUSINESS 1 (B1) RES. 25 (R 2 5 ) BUSINESS 2 ( B 2 ) H M O D 1BUSINESS 2 (B2) & HMOD1RES. 25 (R25)BUSINESS 2 (B2) & HMOD1BUSINESS 1 (B1)BUSINESS 1 (B1)BUSINESS 2 (B2) & HMOD1 APPENDIX C Miscellaneous Figures (Aerial Locus, USGS) APPENDIX D Photographs of Project Area Site Photos Cape & Islands Nissan 770 Route 28 South Yarmouth, MA 02664 June 28, 2024 Site Photos Cape & Islands Nissan 770 Route 28 South Yarmouth, MA 02664 June 28, 2024 APPENDIX E Site Access Authorization Form APPENDIX F Stamped Plans (Under Separate Cover) “Site Plans for Cape & Islands Nissan” Revised June 28, 2024 APPENDIX G Stormwater Report (Under Separate Cover) “Stormwater Drainage Analysis for Cape & Islands Nissan” Dated June 21, 2024 APPENDIX H Wetland Delineation Report Goddard Consulting dated April 4, 2024 P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com WETLAND DELINEATION MEMO TO: Atlantic Design FROM: Brad Holmes, Professional Wetland Scientist #1464 DATE: April 4, 2024 RE: 770 & 770A Route 28, Yarmouth Per your request, Environmental Consulting & Restoration, LLC (ECR) performed a review of the existing conditions at the property located at 770 & 770A Route 28 in Yarmouth (the site) on March 22, 2024. The purpose of the review was to identify wetland resource areas on and near the site. The site is located to the north of Route 28 and consists of two undeveloped parcels, 770 being the southern-most parcel along Route 28 and 770A being the northern-most parcel immediately adjacent to 770. The lot at 770 Route 28 includes a paved driveway and gravel area where equipment was being parked during the delineation event. The northern lot is entirely vegetated and undeveloped. The weather on March 22nd was mostly sunny and cold (approximately 40 degrees) with light wind and dry site conditions. Wetland resource areas were delineated to the north and east of the parcels. ECR placed wetland flags (pink/black striped) #A1 to #A44 along the limit of the Bordering Vegetated Wetland (BVW) to the north of the site and #C1 to #C8 along the nearest limit of the Isolated Vegetated Wetland (IVW) to the east of the site. The vegetated wetlands were delineated following the methodology established by the Massachusetts Department of Environmental Protection (DEP) regulations found at 310 CMR 10.55 pertaining to the delineation of Bordering Vegetated Wetlands. The delineation was performed by analyzing vegetation, hydrology within 12 inches of the surface, and soil conditions within 20 inches of the surface. The wetland contains hydric soils, saturated soils, and dominant wetland indicator plants. Also note, the site is located within Land Subject to Coastal Storm Flowage (FEMA Flood Zone AE) and may contain a Coastal Bank. Based on the topography ECR observed on the site, it was not obvious if a Coastal Bank exists onsite. Both the limit of the flood zone and the top of the Coastal Bank should be determined by elevation survey. The presence or absence of a Coastal Bank should be determined in accordance with DEP Policy 92-1 by examining the extent of the flood zone and the slope of the landform. Lastly, Parkers River, a USGS mapped tidal river, is located to the north of the site. Because the river is tidal, the limit of the river coincides with the mean high-water elevation. The mean high-water elevation should be determined by elevation survey in order to establish the limit of the river and the extent of the 200-foot Riverfront Area that extends over the site. As a result of ECR’s wetland delineation at the site, ECR is able to confirm that the site contains the following wetland resource areas and areas of Conservation Commission jurisdiction: • Bordering Vegetated Wetland • Isolated Vegetated Wetland • 100-foot Buffer Zone to BVW & IVW • Perennial Stream (Parkers River) & the associated 200-foot Riverfront Area • Bordering Land Subject to Flooding (FEMA flood zone AE) • Coastal Bank (absence or presence to be determined by survey) & the associated 100 -foot Buffer Zone P.O. Box 4012, Plymouth, Massachusetts 02361 617-529-3792 | www.ecrwetlands.com Also, a review of the MassMapper database reveals the following: 1. The site is not located within Estimated/Priority Habitat for Rare Species according to the Massachusetts Natural Heritage & Endangered Species Program (MaNHESP). 2. The site does not contain Certified Vernal Pools according to the MaNHESP. 3. The site is not located within an Area of Critical Environmental Concern. Attachments: 1.) BVW Delineation Forms BORDERING VEGETATED WETLAND DETERMINATION FORM Project/Site: ___________________________________ City/Town: ____________________ Sampling Date: ___________ Applicant/Owner: ____________________________________________ Sampling Point or Zone: ____________________ Investigator(s):_______________________________________________Latitude / Longitude:________________________ Soil Map Unit Name:_________________________________________ NWI or DEP Classification: ___________________ Are climatic/hydrologic conditions on the site typical for this time of year? Yes _____ No _____ (If no, explain in Remarks) Are Vegetation _______ , Soil ______ , or Hydrology _____ significantly disturbed? (If yes, explain in Remarks) Are Vegetation _______ , Soil ______ , or Hydrology _____ naturally problematic? (If yes, explain in Remarks) SUMMARY OF FINDINGS – Attach site map and photograph log showing sampling locations, transects, etc. Wetland vegetation criterion met? Yes______No ______ Is the Sampled Area within a Wetland? Yes ____ No _____ Hydric Soils criterion met? Yes______No ______ Wetlands hydrology present? Yes______No ______ Remarks, Photo Details, Flagging, etc.: HYDROLOGY Field Observations: Surface Water Present? Yes ______ No _______ Depth (inches) ______________ Water Table Present? Yes ______ No _______ Depth (inches) ______________ Saturation Present (including capillary fringe)? Yes ______ No _______ Depth (inches) ______________ Wetland Hydrology Indicators Reliable Indicators of Wetlands Hydrology Indicators that can be Reliable with Proper Interpretation Indicators of the Influence of Water ____ Water-stained leaves ___ Hydrological records ____ Direct observation of inundation ____ Evidence of aquatic fauna ___ Free water in a soil test hole ____ Drainage patterns ____ Iron deposits ___ Saturated soil ____ Drift lines ____ Algal mats or crusts ___ Water marks ____ Scoured areas ____ Oxidized rhizospheres/pore linings ___ Moss trim lines ____ Sediment deposits ____ Thin muck surfaces ___ Presence of reduced iron ____ Surface soil cracks ____ Plants with air-filled tissue (aerenchyma) ___ Woody plants with adventitious roots ____ Sparsely vegetated concave surface ____ Plants with polymorphic leaves ___ Trees with shallow root systems ____ Microtopographic relief ____ Plants with floating leaves ____ Hydrogen sulfide odor ___ Woody plants with enlarged lenticels ____ Geographic position (depression, toe of slope, fringing lowland Remarks (describe recorded data from stream gauge, monitoring well, aerial photos, previous inspections, if available): This form is only for BVW delineations. Other wetland resource areas may be present and should be delineated according to the applicable regulatory provisions. Sampling Point__________ 2 VEGETATION – Use both common and scientific names of plants. Tree Stratum Plot size _______________________ Common name Scientific name Indicator Status Absolute % Cover Dominant? (yes/no) Wetland Indictor? (yes/no) 1. 2. 3. 4. 5. 6. 7. 8. 9. ________ = Total Cover Shrub/Sapling Stratum Plot size _______________________ Common name Scientific name Indicator Status Absolute % Cover Dominant? (yes/no) Wetland Indictor? (yes/no) 1. 2. 3. 4. 5. 6. 7. 8. 9. ________ = Total Cover Herb Stratum Plot size _______________________ Common name Scientific name Indicator Status Absolute % Cover Dominant? (yes/no) Wetland Indictor? (yes/no) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. ________ = Total Cover Sampling Point__________ 3 VEGETATION – continued. Woody Vine Stratum Plot size _______________________ Common name Scientific name Indicator Status Absolute % Cover Dominant? (yes/no) Wetland Indictor? (yes/no) 1. 2. 3. 4. ________ = Total Cover Rapid Test: Do all dominant species have an indicator status of OBL or FACW? Yes _____ No ________ Dominance Test:Number of dominant species Number of dominant species that are wetland indicator plants Do wetland indicator plants make up 50% of dominant plant species? Yes ______ No _______ Prevalence Index: OBL species Total % Cover (all strata) Multiply by: Result X 1 = FACW species X 2 = FAC species X 3 = FACU species X 4 = UPL species X 5 = Column Totals (A)(B) Prevalence Index B/A = Is the Prevalence Index 3.0? Yes ______ No _______ Wetland vegetation criterion met? Yes _______ No ________ Definitions of Vegetation Strata Tree - Woody plants 3 in. (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 ft. (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 Cover Ranges 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 % Sampling Point__________ 4 SOIL Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators) Depth (inches) Matrix Redox Features Texture Remarks Color (moist) % Color (moist) % Type 1 Location2 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Mask d Sand Grains 2Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators (Check all that apply) Indicators for Problematic Hydric Soils ____ Histosol (A1) ____ Polyvalue Below Surface (S8) ____ 2 cm Muck (A10) ____ Histic Epipedon (A2) ____ Thin Dark Surface (S9) ___ 5 cm Mucky Peat or Peat (S3) ____ Black Histic (A3) ____ Hydrogen Sulfide (A4) ____ Loamy Gleyed Matrix (F2) ____ Stratified Layers (A5) ____ Depleted Matrix (F3) ____ Depleted Below Dark Surface (A11) ____ Redox Dark Surface (F ) ___ Iron-Manganese Masses (F12) ____ Thick Dark Surface (A12) ____ Depleted Dark Surface (F ) ___ Mesic Spodic (A17) ____ Sandy Mucky Mineral (S1) ___ Red Parent Material (F21) ____ Sandy Gleyed Matrix (S4) ___ Very Shallow Dark Surface (F ) ____ Sandy Redox (S5) ___ Other (Include Explanation in Remarks) ____ Stripped Matrix (S6) ____Dark Surface (S7) Restrictive Layer (if observed) Type: _____________________________ Depth (inches): ______________________ Remarks: Hydric Soils criterion met? Yes _______ No ________ ____ () BORDERING VEGETATED WETLAND DETERMINATION FORM Project/Site: ___________________________________ City/Town: ____________________ Sampling Date: ___________ Applicant/Owner: ____________________________________________ Sampling Point or Zone: ____________________ Investigator(s):_______________________________________________Latitude / Longitude:________________________ Soil Map Unit Name:_________________________________________ NWI or DEP Classification: ___________________ Are climatic/hydrologic conditions on the site typical for this time of year? Yes _____ No _____ (If no, explain in Remarks) Are Vegetation _______ , Soil ______ , or Hydrology _____ significantly disturbed? (If yes, explain in Remarks) Are Vegetation _______ , Soil ______ , or Hydrology _____ naturally problematic? (If yes, explain in Remarks) SUMMARY OF FINDINGS – Attach site map and photograph log showing sampling locations, transects, etc. Wetland vegetation criterion met? Yes______No ______ Is the Sampled Area within a Wetland? Yes ____ No _____ Hydric Soils criterion met? Yes______No ______ Wetlands hydrology present? Yes______No ______ Remarks, Photo Details, Flagging, etc.: HYDROLOGY Field Observations: Surface Water Present? Yes ______ No _______ Depth (inches) ______________ Water Table Present? Yes ______ No _______ Depth (inches) ______________ Saturation Present (including capillary fringe)? Yes ______ No _______ Depth (inches) ______________ Wetland Hydrology Indicators Reliable Indicators of Wetlands Hydrology Indicators that can be Reliable with Proper Interpretation Indicators of the Influence of Water ____ Water-stained leaves ___ Hydrological records ____ Direct observation of inundation ____ Evidence of aquatic fauna ___ Free water in a soil test hole ____ Drainage patterns ____ Iron deposits ___ Saturated soil ____ Drift lines ____ Algal mats or crusts ___ Water marks ____ Scoured areas ____ Oxidized rhizospheres/pore linings ___ Moss trim lines ____ Sediment deposits ____ Thin muck surfaces ___ Presence of reduced iron ____ Surface soil cracks ____ Plants with air-filled tissue (aerenchyma) ___ Woody plants with adventitious roots ____ Sparsely vegetated concave surface ____ Plants with polymorphic leaves ___ Trees with shallow root systems ____ Microtopographic relief ____ Plants with floating leaves ____ Hydrogen sulfide odor ___ Woody plants with enlarged lenticels ____ Geographic position (depression, toe of slope, fringing lowland Remarks (describe recorded data from stream gauge, monitoring well, aerial photos, previous inspections, if available): This form is only for BVW delineations. Other wetland resource areas may be present and should be delineated according to the applicable regulatory provisions. Sampling Point__________ 2 VEGETATION – Use both common and scientific names of plants. Tree Stratum Plot size _______________________ Common name Scientific name Indicator Status Absolute % Cover Dominant? (yes/no) Wetland Indictor? (yes/no) 1. 2. 3. 4. 5. 6. 7. 8. 9. ________ = Total Cover Shrub/Sapling Stratum Plot size _______________________ Common name Scientific name Indicator Status Absolute % Cover Dominant? (yes/no) Wetland Indictor? (yes/no) 1. 2. 3. 4. 5. 6. 7. 8. 9. ________ = Total Cover Herb Stratum Plot size _______________________ Common name Scientific name Indicator Status Absolute % Cover Dominant? (yes/no) Wetland Indictor? (yes/no) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. ________ = Total Cover Sampling Point__________ 3 VEGETATION – continued. Woody Vine Stratum Plot size _______________________ Common name Scientific name Indicator Status Absolute % Cover Dominant? (yes/no) Wetland Indictor? (yes/no) 1. 2. 3. 4. ________ = Total Cover Rapid Test: Do all dominant species have an indicator status of OBL or FACW? Yes _____ No ________ Dominance Test:Number of dominant species Number of dominant species that are wetland indicator plants Do wetland indicator plants make up 50% of dominant plant species? Yes ______ No _______ Prevalence Index: OBL species Total % Cover (all strata) Multiply by: Result X 1 = FACW species X 2 = FAC species X 3 = FACU species X 4 = UPL species X 5 = Column Totals (A)(B) Prevalence Index B/A = Is the Prevalence Index 3.0? Yes ______ No _______ Wetland vegetation criterion met? Yes _______ No ________ Definitions of Vegetation Strata Tree - Woody plants 3 in. (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 ft. (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 Cover Ranges 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 % Sampling Point__________ 4 SOIL Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators) Depth (inches) Matrix Redox Features Texture Remarks Color (moist) % Color (moist) % Type 1 Location2 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Mask d Sand Grains 2Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators (Check all that apply) Indicators for Problematic Hydric Soils ____ Histosol (A1) ____ Polyvalue Below Surface (S8) ____ 2 cm Muck (A10) ____ Histic Epipedon (A2) ____ Thin Dark Surface (S9) ___ 5 cm Mucky Peat or Peat (S3) ____ Black Histic (A3) ____ Hydrogen Sulfide (A4) ____ Loamy Gleyed Matrix (F2) ____ Stratified Layers (A5) ____ Depleted Matrix (F3) ____ Depleted Below Dark Surface (A11) ____ Redox Dark Surface (F ) ___ Iron-Manganese Masses (F12) ____ Thick Dark Surface (A12) ____ Depleted Dark Surface (F ) ___ Mesic Spodic (A17) ____ Sandy Mucky Mineral (S1) ___ Red Parent Material (F21) ____ Sandy Gleyed Matrix (S4) ___ Very Shallow Dark Surface (F ) ____ Sandy Redox (S5) ___ Other (Include Explanation in Remarks) ____ Stripped Matrix (S6) ____Dark Surface (S7) Restrictive Layer (if observed) Type: _____________________________ Depth (inches): ______________________ Remarks: Hydric Soils criterion met? Yes _______ No ________ ____ ()