HomeMy WebLinkAboutRDA App
Request for
Determination of
Applicability (RDA)
Wastewater Collection System,
Phase 1: Contracts 5 and 6
Town of Yarmouth
August 2024
i
Table of Contents
Request for Determination of Applicability (WPA 1) Form
Administrative Checklist (Request for Determination of Applicability)
Figures
Figure 1 Project Location and Estimated and Priority Habitat Map
Figure 2A Flood Insurance Rate Map
Figure 2B Flood Insurance Rate Map
Attachment A - Project Narrative
1.0 Project Description ........................................................................................................................................... A-1
2.0 MEPA History ...................................................................................................................................................... A-2
3.0 Existing Conditions ........................................................................................................................................... A-2
4.0 Work Proposed within LSCSF, Riverfront Area, and Buffer Zones/Setbacks ......................... A-5
5.0 Mitigation Measures ........................................................................................................................................ A-6
6.0 Compliance with Performance Standards .............................................................................................. A-7
7.0 Variance Request ............................................................................................................................................... A-9
8.0 Summary ............................................................................................................................................................ A-10
Attachment B – MEPA Certificate
Attachment C – Project Plans (bound separately)
WPA FORM 1
wpaform1.doc • rev. 7/27/2020
WPA Form 1 – Request for Determination of Applicability • Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Yarmouth
City/Town
A. General Information
Important:
When filling out
forms on the
computer, use
only the tab key
to move your
cursor - do not
use the return
key.
1. Applicant:
Town of Yarmouth (Jeffrey Colby, P.E., DPW Director)
Name
jcolby@yarmouth.ma.us
E-Mail Address
1146 Route 28
Mailing Address
Yarmouth
City/Town
MA
State
02664
Zip Code
508-398-2231 Ext. 1291
Phone Number
508-398-0836
Fax Number (if applicable)
2. Representative (if any):
CDM Smith Inc.
Firm
Magdalena Lofstedt
Contact Name
lofstedtmh@cdmsmith.com
E-Mail Address
75 State Street, Suite 701
Mailing Address
Boston
City/Town
MA
State
02109
Zip Code
617-452-6597
Phone Number
--
Fax Number (if applicable)
B. Determinations
1. I request the Yarmouth
Conservation Commission
make the following determination(s). Check any that apply:
a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to
jurisdiction of the Wetlands Protection Act.
b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced
below are accurately delineated.
c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act.
d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction
of any municipal wetlands ordinance or bylaw of:
Town of Yarmouth
Name of Municipality
e. whether the following scope of alternatives is adequate for work in the Riverfront Area as
depicted on referenced plan(s).
wpaform1.doc • rev. 7/27/2020
WPA Form 1 – Request for Determination of Applicability • Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Yarmouth
City/Town
C. Project Description
1. a. Project Location (use maps and plans to identify the location of the area subject to this request):
Various street and bog access path on 99 Buck
Island Road (see Attachment A)
Street Address
Yarmouth
City/Town
road right of ways and Map/Lot 48/1
Assessors Map/Plat Number
road right of ways and Map/Lot 48/1
Parcel/Lot Number
b. Area Description (use additional paper, if necessary):
Proposed sewer piping will be installed within existing paved streets with the exception of
approximately 2,430 linear feet of new 16-inch diameter PVC force main that will be installed within
an existing cranberry bog access road from Arbutus Road to a stub near the proposed wastewater
treatment facility. A number of the streets are located within Land Subject to Coastal Storm Flowage
which extend up to elevation 11 feet NAVD 88. Please refer to Attachment A for a detailed area
description.
c. Plan and/or Map Reference(s):
Contract 5: Cover Sheet, Key Plan, Legend, and Sheets C-1, C-5, C-13, C-
14, and CD-4 and CD-5
Title
August 2024
Date
Contract 6: Key Plan, Sheets C-1 thru C-9
Title
August 2024
Date
Title
Date
2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary):
Installation of new gravity, force main, and pressure sewers within existing Main Street (Route 28)
and within Windslow Grey Road, Joshua Baker Road, Arbutus Path, and cranberry bog access roads .
Refer to Attachment A for a detailed project description.
wpaform1.doc • rev. 7/27/2020
WPA Form 1 – Request for Determination of Applicability • Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Yarmouth
City/Town
C. Project Description (cont.)
b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant
from having to file a Notice of Intent for all or part of the described work (use additional paper, if
necessary).
The proposed work within the Riverfront Area and the 100-foot Buffer Zone is exempt from review
under MGL Chapt. 131 Section 40 (MWPA), per 310 CMR 10.02 (j)
3. a. If this application is a Request for Determination of Scope of Alternatives for work in the
Riverfront Area, indicate the one classification below that best describes the project.
Single family house on a lot recorded on or before 8/1/96
Single family house on a lot recorded after 8/1/96
Expansion of an existing structure on a lot recorded after 8/1/96
Project, other than a single-family house or public project, where the applicant owned the lot
before 8/7/96
New agriculture or aquaculture project
Public project where funds were appropriated prior to 8/7/96
Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed
restriction limiting total alteration of the Riverfront Area for the entire subdivision
Residential subdivision; institutional, industrial, or commercial project
Municipal project
District, county, state, or federal government project
Project required to evaluate off-site alternatives in more than one municipality in an
Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an
application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality
Certification from the Department of Environmental Protection.
b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification
above (use additional paper and/or attach appropriate documents, if necessary.)
FIGURES
National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250
Feet
Ü
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOOD
HAZARD AREAS
Without Base Flood Elevation (BFE)
Zone A, V, A99
With BFE or DepthZone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mileZone X
Future Conditions 1% Annual
Chance Flood HazardZone X
Area with Reduced Flood Risk due to
Levee. See Notes.Zone X
Area with Flood Risk due to LeveeZone D
NO SCREEN Area of Minimal Flood Hazard Zone X
Area of Undetermined Flood HazardZone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 3/11/2024 at 4:50 PM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
Legend
OTHER AREAS OF
FLOOD HAZARD
OTHER AREAS
GENERAL
STRUCTURES
OTHER
FEATURES
MAP PANELS
8
B 20.2
The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
1:6,000
70°13'43"W 41°39'12"N
70°13'5"W 41°38'45"N
Basemap Imagery Source: USGS National Map 2023
National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250
Feet
Ü
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOOD
HAZARD AREAS
Without Base Flood Elevation (BFE)
Zone A, V, A99
With BFE or DepthZone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mileZone X
Future Conditions 1% Annual
Chance Flood HazardZone X
Area with Reduced Flood Risk due to
Levee. See Notes.Zone X
Area with Flood Risk due to LeveeZone D
NO SCREEN Area of Minimal Flood Hazard Zone X
Area of Undetermined Flood HazardZone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 3/11/2024 at 4:59 PM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
Legend
OTHER AREAS OF
FLOOD HAZARD
OTHER AREAS
GENERAL
STRUCTURES
OTHER
FEATURES
MAP PANELS
8
B 20.2
The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
1:6,000
70°15'22"W 41°39'24"N
70°14'45"W 41°38'57"N
Basemap Imagery Source: USGS National Map 2023
National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250
Feet
Ü
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOOD
HAZARD AREAS
Without Base Flood Elevation (BFE)
Zone A, V, A99
With BFE or DepthZone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mileZone X
Future Conditions 1% Annual
Chance Flood HazardZone X
Area with Reduced Flood Risk due to
Levee. See Notes.Zone X
Area with Flood Risk due to LeveeZone D
NO SCREEN Area of Minimal Flood Hazard Zone X
Area of Undetermined Flood HazardZone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 3/11/2024 at 5:08 PM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
Legend
OTHER AREAS OF
FLOOD HAZARD
OTHER AREAS
GENERAL
STRUCTURES
OTHER
FEATURES
MAP PANELS
8
B 20.2
The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
1:6,000
70°15'59"W 41°39'41"N
70°15'22"W 41°39'14"N
Basemap Imagery Source: USGS National Map 2023
National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250
Feet
Ü
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOOD
HAZARD AREAS
Without Base Flood Elevation (BFE)
Zone A, V, A99
With BFE or DepthZone AE, AO, AH, VE, AR
Regulatory Floodway
0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mileZone X
Future Conditions 1% Annual
Chance Flood HazardZone X
Area with Reduced Flood Risk due to
Levee. See Notes.Zone X
Area with Flood Risk due to LeveeZone D
NO SCREEN Area of Minimal Flood Hazard Zone X
Area of Undetermined Flood HazardZone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance
17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 7/8/2024 at 10:07 AM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
Legend
OTHER AREAS OF
FLOOD HAZARD
OTHER AREAS
GENERAL
STRUCTURES
OTHER
FEATURES
MAP PANELS
8
B 20.2
The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
1:6,000
70°14'3"W 41°39'37"N
70°13'25"W 41°39'11"N
Basemap Imagery Source: USGS National Map 2023
ATTACHMENT A
PROJECT NARRATIVE
A-1
Attachment A
Project Narrative
1.0 Project Description
As part of Phase 1 of the town-wide Comprehensive Wastewater Management Plan (CWMP), the
Town of Yarmouth (the Town) is submitting this Request for Determination of Applicability
(RDA) for permission under Phase 1, Contracts 5 and 6, to install new sewer collection piping
including a main gravity sewer interceptor along Route 28 from the Barnstable town line to
Parkers River within existing state (MassDOT), Town-owned and private streets.
▪ Contract 5 consists of installation of approximately 7,200 linear feet (lf) of 8-inch to 30-inch
diameter gravity sewers which includes a main gravity sewer interceptor within Route 28
and 8,900 lf of 16-inch diameter force main. Contract 5 includes one pumping station (PS3)
to be located on town-owned land at 669 Route 28. The force main will pump flow from P3
up to the proposed WRRF on Buck Island Road via Route 28 (Main Street), Windslow Grey
Road, Joshua Baker Road, Arbutus Path, and cranberry bog roads. Construction of PS3
would result in permanent impacts to LSCSF; therefore, this pumping station has been filed
under a separate Notice of Intent (NOI) with the Yarmouth Conservation Commission (DEP
File No. 083-2442).
▪ Contract 6 consists of installation of approximately 10,000 lf of 8-inch to 24-inch gravity
sewer; and 3,000 lf of 8- and 12-inch diameter force main and includes sewering businesses
along Route 28 from the Barnstable town line extending east to Higgins Crowell Road.
Contract 6 contains two pumping stations (PS1 and PS2). PS 2 would be located adjacent to
the existing paved parking lot at 316 Route 28. The lot is partially within the AE flood zone
and construction of the new pumping station will result in permanent impacts to LSCSF;
therefore, this pumping station has been filed under a separate Notice of Intent (NOI) with
the Yarmouth Conservation Commission (DEP File No. 083-2442).
Installation of the collection sewers is proposed within existing streets, access roads (through
cranberry bogs), and right of ways, however the work will result in temporary impacts to Land
Subject to Coastal Storm Flowage (LSCSF), Riverfront Area (RFA), the 100-ft Buffer Zone, and the
35-ft and 50-ft Setbacks that extend into streets. Disturbed areas will be restored to pre-
construction conditions and streets will receive full width pavement upon completion of work.
Sedimentation and erosion control barriers (including storm drain inlet protection) will be placed
at the limits of work, as shown on the project plans in Attachment C.
The improvements are being funded by the Clean Water State Revolving Fund (SRF) program
administered by the Massachusetts Department of Environmental Protection (MassDEP).
The proposed work within the Riverfront Area and the 100-foot Buffer Zone is exempt from
review under MGL Chapt. 131 Section 40 (MWPA), per 310 CMR 10.02 (j) which states that,
“installation and repair of underground sewer lines within existing paved or unpaved roadways and
Attachment A • Project Narrative
A-2
private roadways/driveways, provided that all work is conducted within the roadway or driveway
and that all trenches are closed at the end of completion of each workday”.
Proposed work also includes replacement of approximately 6,500 linear feet of 6- to 16-inch
diameter water main in Contract 5 and approximately 6,800 linear feet of 6- to 16-inch diameter
water main in Contract 6 (shown on Project Plans in Attachment C). The proposed maintenance
and replacing of existing infrastructure within existing roadways without substantially enlarging
that infrastructure is exempt from a filing per CMR 310 CMR 10.02(2)(b)2.i and therefore not
subject to a NOI..”Installation of underground utilities (e.g., electric, gas, water) within existing
paved or unpaved roadways and private roadways/driveways, provided that all work is conducted
within the roadway or driveway and that all trenches are closed at the completion of each workday”.
The following sections address anticipated existing conditions, proposed measures to protect
resource areas, and compliance with performance standards of the MWPA and Regulations (310
CMR 10.00) and the Yarmouth Wetlands Protection Bylaw and Wetlands Regulations (local Bylaw
and Regulations).
2.0 MEPA History
Beginning in 2003, the Town worked with its Integrated Water Resources Planning (IWRP)
Committee to develop a program to address community wastewater management needs, protect
drinking water sources, and restore valuable estuaries. In 2011, the Town completed a Single EIR
(SEIR)/Comprehensive Wastewater Management Plan (CWMP) as the final phase in the planning
process. The 2011 CWMP proposed the five-phased construction of a new centralized municipal
sewer system, associated collection and conveyance systems, and implementation of non-
structural elements to achieve significant reductions of nitrogen loading and meet TMDL limits
for the coastal embayments surrounding the Town over a period of 25 to 30 years. The report
was submitted to MassDEP and the Executive Office of Energy and Environmental Affairs (EEA),
in compliance with the Massachusetts Environmental Policy Act (MEPA). The 2011
Recommended Program included construction of a new centralized wastewater treatment and
disposal facility, at the existing Yarmouth-Dennis Septage Treatment Plant (STP) effluent
recharge site on Buck Island Road.
A Notice of Project Change (NPC) was submitted to MEPA in February 2022. The NPC presented
the recommended revisions to the plan based on the results of the Bass River MEP report, which
concluded that the Yarmouth portion of the Bass River watershed would need to be included in
the wastewater collection system. The updated 2022 Recommended Program expands on the
program as presented in the 2011 CWMP and is comprised of eight phases to be constructed over
a period of 40 years (in five-year increments) instead of five phases in a period of 25 to 30 years.
The Secretary issued a Certificate on September 30, 2022, allowing the CWMP to proceed to
permitting. A copy of the MEPA Certificate is included in Attachment B.
3.0 Existing Conditions
The proposed work associated with the sewer installations is located within existing MassDOT,
Town and private streets and right-of-ways as shown on the project plans in Attachment C.
Attachment A • Project Narrative
A-3
3.1 Land Subject to Coastal Storm Flowage
LSCSF is defined as “land subject to any inundation caused by coastal storms up to and including
that caused by the 100-year storm, surge of record or storm of record, whichever is greater.”
The FEMA Flood Insurance Rate Map identify the 100-year floodplain at elevation 11 feet NAVD
88 for the Town of Yarmouth, see Figures 2A and 2 B.
3.2 Coastal Bank
Coastal Bank is defined as “the seaward face or side of any elevated landform, other than a coastal
dune, which lies at the landward edge of a coastal beach, land subject to tidal action, or other
wetland” [310 CMR 10.30(2)]. The Coastal Bank consists of armored channel bank. The top of the
slope (riprap) was delineated based on slope characteristics pursuant to DEP Wetland Policy 92-
2 and is marked on Contract 5 Sheet C-5. In this location, the “top of coastal bank” is location
below the 100-yr flood elevation (11 ft) at which point the slope ceases to be greater than or
equal to 10:1. The Coastal Bank is significant to storm damage prevention and flood control.
3.3 Bordering Vegetated Wetlands
An Order of Resource Delineation was issued on September 23, 2009, for the 99 Buck Island Site
in support of the proposed Phase 1 Sewer Service Area. This resource area delineation has since
expired but provides information on wetland conditions. The infrastructure proposed in 2009
was not built. The wetland flags are shown on the Project Plans in Attachment C.
In November and December 2008, Magdalena Lofstedt, PWS, and Andrew Poyant, Environmental
Scientist delineated wetland resource areas for the Phase 1 sewer area. The existing wetland
resource boundaries were evaluated for conformance with the Massachusetts Wetland Protection
Act (MGL c. 131 s. 40)(MWPA) and Regulations (310 CMR 10.00) and the boundary was
delineated in accordance U.S. Army Corps of Engineers 1987 Wetlands Delineation Manual
(Environmental Laboratory, 1987, "Corps of Engineers Wetlands Delineation Manual" Technical
Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi), using
vegetation, soils and indicators of wetland hydrology. The wetland boundary was demarcated at
the limit of wetland vegetation (limit of plant community dominated [50% or more cover] by
species adapted to living in wetland conditions), visual inspections, as well as indicators of hydric
soils and wetland hydrology. Wetland Boundaries were surveyed by Surveying and Mapping
Consultants Inc. (SMC).
Bordering Vegetated Wetlands are defined as:
"freshwater wetlands which border on creeks, rivers, streams, ponds and lakes. The types of
freshwater wetlands are wet meadows, marshes, swamps and bogs. Bordering Vegetated
Wetlands are areas where the soils are saturated and/or inundated such that they support a
predominance of wetland indicator plants. The ground and surface water regime and the
vegetational community which occur in each type of freshwater wetland are specified in
M.G.L.C. 131, § 40" [310 CMR 10.55 (2)(a)]
Wetland 5 (across from Mill Pond)
Attachment A • Project Narrative
A-4
Wetland flags 5-1 through 5-7End demarcate a common reed (Phragmites australis) dominated
emergent marsh across from Mill Pond. Additional species observed included willows (Salix sp.),
alder (Alnus sp.), honeysuckle (Lonicera sp.), purple loosestrife (Lythrum salicaria), soft rush
(Juncus effuses), northern arrowwood (Viburnum recognitum), and multiflora rose (Rosa
multiflora).
Wetland 13 (Parker River)
At the upstream side of the Route 28 Parker River Bridge, wetland flags 13-1 through 13-3
demarcate a shelf of brackish wetland above the bank. The riverbank along the road consists of
riprap embedded in concrete. Vegetated within the brackish wetland consisted of beach grass
(Ammophila breviligulata) and multiflora rose. Soils showed hydric characteristics. Wetland flags
were not place along the riprap bank. Approximately 30 feet beyond the scenic outlook area, the
riprap ends, and the bank consists of natural substrate.
Cranberry Bogs (not field delineated)
The proposed force main between end of Arbutus Path and the proposed Water Resources
Recovery Facility will run within existing bog access roads adjacent to Cranberry bogs located
between West Yarmouth Road and Phases Brook (see Contract 5 Sheet C-13 thru C-14).
Cranberry bogs are located on the north side of Route 28 Main Street by #316 Main Street Cape
Abilities Thrift Shop.
3.4 Riverfront Area
Riverfront Area (RFA) is defined as: “the area of land between a river’s mean annual high water
line and a parallel line measured horizontally.” [310 CMR 10.58 (2)]
A 200-foot Riverfront Area (RFA) is associated with tributaries to Thornton Brook and Town
Brook culverted beneath Route 28 Main Street.
This project is exempt from the performance standards of the RFA according to 310 CMR 10.58
(6)(h) which reads:
“Notwithstanding the Provisions of 310 CMR 10.58(1) through (5), Certain Activities or Areas are
Grandfathered or Exempted from Requirements for the Riverfront Area: Construction, expansion,
repair, restoration, alteration, replacement, operation and maintenance of public or private local or
regional wastewater treatment plants and their related structures, conveyance systems, and
facilities, including utility lines.”
No further discussion is included for work within Riverfront Area.
3.5 Estimated Habitat
There is no state listed rare or endangered species within or adjacent to the project area
according to MassGIS Online Viewer (see Figure 1: Project Location Map).
Attachment A • Project Narrative
A-5
4.0 Work Proposed within LSCSF, RFA, and Buffer
Zones/Setbacks
4.1 General Sewer Construction
Although all of the sewer main construction will occur within existing streets and bog access
roads; temporary disturbances within LSCSF, RFA, and the 100-Foot Buffer Zone to BVW are
unavoidable since these resource areas and buffer zone extend onto the streets. Alterations
caused by sewer construction will be temporary and work areas will be restored to pre-
construction grades and stabilized to prevent erosion.
Before work starts, a row of staked compost logs will be installed at the limits of work within the
100-ft Buffer Zone to BVW and Coastal Bank to prevent the transport of sediment to
downgradient wetlands during construction. Construction of the sewer mains will require
excavation of a 4- to 8-foot wide trench to variable depths. Trenching work will require the use of
heavy equipment for excavating the trench and moving materials. Soils will be stockpiled next to
the trench after excavation. Following completion of trench excavation, crushed stone will be
placed for bedding material. Sewer mains will be installed, and the trench will be filled with clean
backfill material and covered with soils that were originally removed from the trench. The trench
will be final-graded, and streets will receive full width pavement. Disturbed areas will be
restored to pre-construction conditions.
The compost log barrier will be inspected weekly and after all storm events and repaired as
needed. The barrier will be left in place until the area is permanently stabilized. A stockpile of
silt fence will be maintained on site for routine maintenance and emergency repairs. Compost
logs will be replaced as necessary due to sediment build-up and degradation.
In the event that trench dewatering is necessary, water will be pumped and discharged to a pre-
determined upland location. Water to be discharged from dewatering activities will be filtered or
otherwise treated prior to discharge to prevent siltation to adjacent areas. The contractor will be
required to submit a dewatering plan to the Engineer and the Yarmouth Conservation
Commission for their review. The contractor is also required to submit the NPDES Notice of
Intent as part of the Construction General Permit (CGP) and prepare a Stormwater Pollution
Prevention Plan (SWPPP).
4.2 Work Within Land Subject to Coastal Storm Flowage (LSCSF)
Sewer main installation will result in approximately 15,552 square feet of temporary alteration to
LSCSF. Construction within LSCSF will proceed as described in Section 4.1. Sewer main
installation is not anticipated to have any adverse effects on LSCSF.
4.3 Work Within the 100-foot Buffer Zone/35-ft and 50-ft Setbacks
Construction within the 35-ft and 50-ft Setbacks and the 100-foot Buffer Zone will proceed as
described in Section 4.1. Sewer main installation is not anticipated to have any adverse effects on
100-foot Buffer Zone.
Attachment A • Project Narrative
A-6
5.0 Mitigation Measures
No adverse impacts to wetland resource areas are anticipated to occur as a result of this project.
The following precautions will be taken to prevent impacts to wetland resource areas.
Construction Period
Controlling erosion and transport of sediment to the downstream wetland resource areas
requires development of site-specific best management practices (BMPs), both structural controls
as well as proper management of construction activities. Please refer to Sheets CD-4 and CD-5 in
Attachment C for details on the erosion and sedimentation and control measures.
▪ Staked compost logs will be installed at the limit of work prior to commencement of
construction to prevent the transport of sediment and debris to downgradient drainage
ditch and to demarcate the limit of work. A stockpile of compost logs will be stored in an
easily accessible location for routine maintenance and emergency repairs. The compost log
barrier will be inspected weekly and after all storm events and repaired as needed. The
barrier will be left in place until the area is permanently stabilized.
▪ In the event that excavation de-watering is necessary, discharge will be settled to remove
sediment prior to discharge. The contractor will be required to submit a dewatering plan
to the Yarmouth Conservation Commission for review and approval.
▪ Stockpiled soils will be enclosed within a line of staked compost logs to prevent erosion or
siltation into resource areas. The compost log barrier will be inspected weekly and after all
storm events and repaired as needed. The barrier will be left in place until the area is
permanently stabilized.
▪ Work will proceed as rapidly as possible. Limiting the exposure time of disturbed soils to
wind and precipitation will minimize the soil erosion and subsequent sedimentation.
▪ Storm drain inlet protection will be provided for all storm drains which will collect runoff
from the work area. This protection will prevent sediment from entering the storm drain
system and being conveyed to wetland resource areas.
Spill Control Measures
▪ An equipment storage and refueling area will be established in the project vicinity. All
overnight storage of construction equipment and vehicles, refueling and light maintenance
activities will occur in this area. A construction fence will be installed around the limit of
this area to identify its limit.
▪ Spill containment equipment (e.g., oil absorbent pads, oil absorbent materials, containment
booms, shovels, etc.) will be stored in the equipment storage and refueling area in an easily
accessible manner for use in the clean-up of accidental releases of fuel, hydraulic fluid, or
other hazardous materials. Should there be an accidental release the proper authorities
will be notified in accordance with all applicable federal, state, and local laws.
▪ To minimize the possibility of hydraulic fluid leaks, all hydraulic lines on all construction
equipment and vehicles will be inspected at the end of each workday. If any excessive wear
Attachment A • Project Narrative
A-7
or leakage is observed, the line will be repaired prior to further use. In addition, a supply of
oil absorbent materials (i.e., pads, "speedy dry," and/or booms) will be maintained with the
equipment at the work area for immediate deployment in the event of an accidental release
of fuel, hydraulic fluid, oil, etc.
▪ Any oil, hydraulic fluid, or other hazardous materials will be stored in original containers;
fuels will be stored in tightly sealed containers which will be clearly marked; and all such
materials will be stored under a roof or in a covered enclosure.
6.0 Compliance with Performance Standards
Trench excavation and installation of new sewer pipe within existing streets will temporarily
alter LSCSF and buffer zones that extend onto the roadway. Work proposed herein and shown on
the attached project plans in Attachment C was designed to comply with the performance
standards of the MWPA and Regulations (310 CMR 10.00) as well as the local Bylaw and
Regulations.
6.1 WPA Performance Standards
6.1.1 Limited Projects
This proposed project meets the criteria for limited projects as stated in 310 CMR 10.53 (3)(d).
The following presents how this project complies with performance standards for these limited
projects.
(d) The construction, reconstruction, operation and maintenance of underground and overhead
public utilities, such as electrical distribution or transmission lines, or communication, sewer,
water and natural gas lines, may be permitted, in accordance with the following general
conditions and any additional conditions deemed necessary by the issuing authority:
1. The issuing authority may require a reasonable alternative route with fewer adverse effects
for a local distribution or connecting line not reviewed by the Energy Facilities Siting
Council.
2. Best available measures shall be used to minimize adverse effects during construction.
3. The surface vegetation and contours of the area shall be substantially restored; and
4. All sewer lines shall be constructed to minimize inflow and leakage.
1. The only alternatives to gravity sewers and sewerage pumping stations and force mains
would be:
(1) No action (i.e., continue to rely on on-site septic system) which does meet the objective of
the CWMP.
2. Best Management Practices (BMP’s) will be used to minimize wetland impacts during
construction and for the long term.
3. Surface contours and streets will be restored to pre-construction conditions and streets will
be patched.
Attachment A • Project Narrative
A-8
4. The proposed location of the new sewer lines has been carefully selected to minimize
wetlands and land under control of the Conservation Commission. Water-tight sewer pipe
will be used to minimize inflow and leakage.
6.1.2 Land Subject to Coastal Storm Flowage
The MWPA and Regulations have no performance standards for work within the LSCSF. Impacts
to LSCSF are temporary for the installation of the new sewer mains. Grades will be restored to
preconstruction contours and streets will receive full width pavement upon completion of work.
6.1.3 Buffer Zone
There are no performance standards in 310 CMR 10.00 for work within the 100-foot Buffer Zone.
6.2 Yarmouth Wetlands Protection Bylaw Standards
The proposed project meets the criteria for LSCSF as stated in Section 4.10 of the Yarmouth
Wetlands Protection Bylaw Standards. The following presents how this project complies with
performance standards for LSCSF.
Any activity within land subject to coastal storm flowage which will result in the building upon,
removing, filling or altering of land shall not have an adverse effect on the interests protected by the
bylaw by:
i. reducing the ability of the land to absorb and contain flood waters;
The proposed will not reduce the ability of the land to absorb and contain flood waters as impacts
to LSCSF are temporary and will be restored to pre-construction conditions upon completion of
the work.
ii. reducing the ability of the land to buffer more inland areas from flooding and wave damage;
See above.
iii. increasing the elevation or velocity of flood waters, or by redirecting or increasing flows or
causing channelization, in each case at the project site, adjacent or nearby properties, or any public
or private way.
See above.
iv. displacing or diverting flood waters to other properties or resource areas. Fences and privacy
walls, including walls separating one property from another, may obstruct or divert flood flow and
waves toward buildings and protected areas. Solid fences (stockade and similar) must be
constructed with 6 inches of clearance below to allow the passage of floodwaters and wildlife;
See above.
iv. causing, or creating the likelihood of, damage to other structures on land within the flood plain as
debris (collateral damage);
Not anticipated.
Attachment A • Project Narrative
A-9
v. causing ground, surface or saltate pollution triggered by coastal storm flowage;
Not anticipated.
vi. reducing the ability of the resource to serve as a wildlife habitat and migration corridor through
activities such as, but not limited to the removal of substantial vegetative cover and/or installation
of fencing and other structures which prevent wildlife migration across property.
The project area consists of paved streets and existing access road through the cranberry bogs.
There will be no removal of existing vegetative cover as part of the sewer installation.
vii. prevention of the migration of resource areas such as salt marshes due to sea level rise.
Not anticipated.
viii. If flood control and storm damage protection functions have already been impaired,
redevelopment must improve existing conditions by reducing impervious surfaces, restoring flood
control and storm damage protection functions, installing native plantings, or by restoring or
creating other wetland resource areas.
No new impervious area is proposed. Existing paved streets will be patched upon completion of
the sewer installation.
And shall meet the following requirements;
ix. Existing septic system and cesspool repairs will be allowed provided they meet all Title 5 and local
Board of Health thresholds.
Not Applicable
x. All groundwater elevations shall incorporate seasonable adjustments if test holes and or leaching
components are 100 feet or closer from major estuaries.
Not Applicable
xi. Any proposed deck, shed, or other similar structure must be securely anchored to a footing or
foundation.
Not Applicable
xii. Any activity shall preserve existing soils, vegetation, and other natural conditions that serve as
buffers to coastal flooding and storm surges.
There will be no removal of existing vegetative cover as part of the sewer installation.
7.0 Variance Request
The force main sewer installation within bog access roads from Arbutus Path to force main to be
installed under separate construction contract on the WRRF site will temporarily alter
approximately 730 square feet of the 35-ft Setback and approximately 70 square feet of the 50-ft
Setback and therefore a Variance is required from the Regulations. Per Section 7.1 of the
Attachment A • Project Narrative
A-10
Regulations, “the Conservation Commission may at its discretion, waive one or more of these
regulations when the proposed work potentially represents a significant ecological improvement
when compared to existing conditions, or will not adversely affect any areas subject to the
protection of these regulations. In addition, the Conservation Commission may, at its discretion,
waive one or more of these regulations when there is an overriding public benefit or safety issue at
hand and there is no feasible alternative to the proposed work.”
The installation of the force main within the bog access will not require clearing of any vegetation
as the construction will be within the limits of the access roads. Compost log will be installed at
the limit of work as shown on the project plans in Attachment C. The access roads will be
restored to preconstruction conditions upon completion of the work.
Overall, the project will result in a significant ecological improvement by helping to address the
nitrogen contamination in the Town’s estuaries.
8.0 Summary
The proposed work will not remove, fill, dredge, or alter the area subject to the protection of the
MWPA nor the local Yarmouth Wetlands Protection Bylaw and therefore the Town is seeking a
Negative Determination. Appropriate erosion and sedimentation control measures will be
implemented throughout the course of the proposed activities to prevent the transport of
sediment off the streets. All disturbances within LSCSF, Riverfront Area, the 100-foot Buffer
Zone, and the 35-ft and 50-ft Setbacks will be temporary, and the work areas will be restored to
pre-construction conditions and streets will receive full width pavement upon completion of
work.
ATTACHMENT B
MEPA CERTIFICATE
The Commonwealth of Massachusetts
Executive Office of Energy and Environmental Affairs
100 Cambridge Street, Suite 900
Boston, MA 02114
Charles D. Baker
GOVERNOR
Karyn E. Polito
LIEUTENANT GOVERNOR
Bethany A. Card
SECRETARY
Tel: (617) 626-1000
Fax: (617) 626-1181
http://www.mass.gov/envir
September 30, 2022
CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS
ON THE
NOTICE OF PROJECT CHANGE
PROJECT NAME : Yarmouth Comprehensive Wastewater Management Plan
PROJECT MUNICIPALITY : Yarmouth
PROJECT WATERSHED : Cape Cod
EEA NUMBER : 14659
PROJECT PROPONENT : Town of Yarmouth
DATE NOTICED IN MONITOR : August 24, 2022
Pursuant to the Massachusetts Environmental Policy Act (MEPA; M.G.L. c. 30, ss. 61-62L) and
Section 11.08 of the MEPA regulations (301 CMR 11.00), I have reviewed the Supplemental Single
Environmental Impact Report (Supplemental SEIR) and hereby determine that it adequately and
properly complies with MEPA and its implementing regulations.
Project History and Description
Beginning in 2003, the Town worked with its Integrated Water Resources Planning (IWRP)
Committee to develop a program to address community wastewater management needs, protect drinking
water sources, and restore valuable estuaries. The Town prepared the Single EIR (SEIR)/Comprehensive
Wastewater Management Plan (CWMP) as the final phase in the planning process. The SEIR/CMWP,
which identified a Recommended Program, was submitted to the MEPA Office in 2011. The Town
proposed to revise the traditional approach of onsite Title 5 septic systems and a septage-only treatment
plant for the following reasons:
1) To address the need to reduce the amount of nitrogen discharging to groundwater from Title
5 systems as a result of the population growth and the increased number of septic systems
2) To provide adequate treatment and disposal of wastewater for new development and
revitalize existing commercial facilities along the Route 28 corridor
3) To protect the community’s drinking water sources from future impacts due to elevated
EEA#14659 Supplemental SEIR Certificate September 30, 2022
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nitrogen levels in groundwater
4) To meet the Massachusetts Estuaries Program (MEP) goals since the Massachusetts
Department of Environmental Protection (MassDEP) will issue a watershed permit to area
communities with a Total Maximum Daily Load (TMDL) requirement for nitrogen removal
based on the results of the MEP studies
The 2011 CWMP proposed the five-phased construction of a new centralized municipal sewer
system, associated collection and conveyance systems, and implementation of non-structural elements to
achieve significant reductions of nitrogen loading and meet TMDL limits for the coastal embayments
surrounding the Town over a period of 25 to 30 years. The 2011 Recommended Program included:
• Yarmouth Wastewater Treatment Facility (WWTF)
Construction of a new centralized wastewater treatment and disposal facility, at the existing
Yarmouth-Dennis Septage Treatment Plant (STP) effluent recharge site, capable of achieving
effluent concentration limits of 3-5 milligrams per liter (mg/L) for Total Nitrogen (TN) with
an initial designed capacity to treat and dispose up to 0.65 million gallons per day (MGD) of
wastewater flows for Phases 1 and 2 and a build-out flow of 2.75 MGD.
• Proposed Sewer Implementation and Phasing
Construction of seven pumping stations, seven vacuum stations and ±125 miles of new
municipal sewer pipes to convey ±2.75 MGD of wastewater flows collected from 9,580
individual properties (±67 percent of Yarmouth parcels) located in the Lewis Bay, Parkers
Rivers and Bass River watersheds for treatment and onsite disposal at the WWTF.
Phase 1 would include construction of the new WWTF (operating at a lower design
capacity); the main gravity sewer along Route 28, from the Barnstable town line to the
Parkers River Bridge; the main pumping station (P3) near the Parkers River; and new
effluent recharge basins at Yarmouth’s existing Buck Island Road effluent recharge site (R1)
using open infiltration basins. Phase 1 would provide the main conveyance system for future
collection areas, the WWTF and the recharge basins.
Sewering of 27 sub-areas in five phases, with each phase in five-year increments, and
decommissioning of the Yarmouth-Dennis STP once the new WWTF was online.
• Parkers River Bridge
Widening of the bridge opening at Parkers River to accommodate increased tidal flushing to
meet the MEP goals for the Parkers River system.
• Non-Structural Program Elements
Implementing non-structural program elements designed to reduce nutrient loading including
growth management regulations; public outreach and education programs for controlling use
of fertilizer products on lawns, gardens and agricultural areas; low impact landscaping;
stormwater management controls; enhancement of embayment flushing rates; and water
conservation measures.
EEA#14659 Supplemental SEIR Certificate September 30, 2022
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• Adaptive Management Plan (AMP)
Employing an AMP to enable the Town to revisit the Recommended Program and modify the
phasing, timing, or exact areas to be sewered based on results of earlier implementation
phases to comply with anticipated nitrogen TMDLs. The strategy also allowed for inclusion
of additional features or innovative alternatives that would improve nitrogen removal levels.
The Town intended to continue to reassess each phase prior to design and construction.
While construction of Phases 1 and 2 would occur without a regional solution, regional
opportunities would be explored through the AMP. The Town anticipated that Barnstable and
Dennis would be further along in their planning processes and better positioned to examine
the viability of a regional solution with Yarmouth in later phases.
The Certificate on the SEIR was issued on August 26, 2011 and indicated that the SEIR/2011
CWMP adequately and properly complied with MEPA. The SEIR identified a number of conditions
under which an NPC would be required including updates associated with the MEP report for the Bass
River watershed. The NPC for the additional phases was submitted to MEPA in February of 2022. The
NPC Certificate issued on April 15, 2022 determined that further analysis was required and that the
project’s environmental impacts and mitigation measures had not been adequately analyzed prior to the
close of MEPA review. The Certificate therefore required a Supplemental SEIR, which is reviewed
herein.
Project Change Description
The 2011 Recommended Program was developed to align with the MEP nitrogen reduction goals
known at that time for the Lewis Bay and Parkers River watersheds. However, analysis of the
subsequent Bass River watershed MEP results concluded that updates to the 2011 Recommended
Program would be necessary to fully meet nitrogen reduction goals. The Town’s Water Resources
Advisory Committee (WRAC; formerly referred to as the IWRP Committee) was formed in 2018 to
coordinate the wastewater planning initiative that resulted in the activities described in this NPC. The
NPC summarizes the wastewater management plan that was presented in the 2011 CWMP and presents
the recommended revisions to the plan based on the results of the Bass River MEP report, which
concluded that the Yarmouth portion of the Bass River watershed would need to be included in the
wastewater collection system.1 The updated 2022 Recommended Program expands on the program as
presented in the 2011 CWMP and is comprised of eight phases over a period of 40 years (in five-year
increments) instead of five phases in a period of 25 to 30 years; the boundaries of the original five
phases have also been altered. The phases have been revised based on a variety of impacts including
economic growth, location, watershed, and nitrogen removal.
1 According to the NPC, the draft Barnstable Great Marshes-Bass Hole Estuarine System MEP Report was completed in
June 2017 but that system does not require nitrogen removal from Yarmouth so does not impact the 2011 Recommended
Program.
EEA#14659 Supplemental SEIR Certificate September 30, 2022
4
As described in the Supplemental SEIR, the Town now proposes to install a new Water Resource
Reclamation Facility (WRRF),2 15 pumping stations, nine vacuum stations, and ±174 miles of new
sewer mains3 to provide collection, treatment, and disposal of a total build-out flow of 3.537 MGD. This
revised plan represents an increase of 0.75+ mgd of flow capacity at the WRRF and 49 additional miles
of new sewer main, as compared to the 2011 Recommended Program. The proposed initial capacity of
the WRRF is 1.8 MGD of average daily flow for Phases 1 through 3. Construction for Phase 1 is
expected to start in 2023 or 2024. All proposed sewer construction will occur within existing Town- or
state-owned roadways except for the proposed 2,900 linear feet (lf) of cross-country force main (within
existing gravel roads) to the WRRF. Areas of the town not proposed for sewering will continue to rely
on onsite septic systems and will continue to be managed through adaptive management.
A summary of activities planned during the 8 phases of the 2022 Recommended Program is as
follows:
• Phase 1: construction of the new WRRF (at a lower design capacity), six pumping stations
and ±11 linear miles of gravity sewer mains, ±0.2 miles of low-pressure sewer mains and ±4
miles of force mains; a main gravity sewer interceptor along Route 28 from the Barnstable
town line to the Dennis town line (in coordination with Massachusetts Department of
Transportation (MassDOT) construction projects); and sewering businesses and resorts along
South Shore Drive
• Phase 2: sewering many users in higher density residential areas north and south of Route 28
within the Parkers River and Lewis Bay watersheds
• Phase 3: sewering business areas along Nantucket Sound and remaining residential areas
within the Lewis Bay watershed as well as residential areas within central Yarmouth
• Phase 4: sewering high-density residential area in the Bass River watershed and upgrades to
WRRF to accommodate full build-out flows
• Phase 5: sewering area south of Route 28 between Parkers River and Bass River as well as
the remaining area north of Route 28 and south of Route 6 in the Lewis Bay watershed
• Phase 6: sewering residential areas in the Parkers River and Bass River watersheds
• Phase 7: sewering businesses adjacent to Route 6 as well as the nearby schools and
residential areas in the Bass River watershed
• Phase 8: sewering the area north of Route 6 in the Bass River watershed
The 2022 Recommended Program will have an estimated construction cost of ±$541 million.
The estimated operation and maintenance (O&M) costs for the Recommended Program total ±$2.8
million in Year 1 (0.43 MGD) and $12.5 million at full build-out (3.54 MGD). Phase 1 will have an
estimated construction cost of $162.4 million. The Town is continuing to evaluate various cost recovery
models with the intent of using a combination of funding sources to avoid impacting the general tax rate.
The NPC indicates that a potential wastewater capital cost funding plan for Phase 1 of the program has
been developed and lists potential funding sources. Costs and funding plans will be refined as each
2 Previously referred to in the SEIR as the Yarmouth Wastewater Treatment Facility (WWTF).
3 Including ±79 miles of gravity sewer mains, ±67 miles of vacuum sewer mains, ±18 miles of low -pressure sewer mains and
±10 miles of force mains.
EEA#14659 Supplemental SEIR Certificate September 30, 2022
5
phase of the Recommended Program is implemented.
Project Site
Yarmouth is located in the central section of Cape Cod and is bordered by Cape Cod Bay to the
north, Dennis to the east, Nantucket Sound to the South, and Barnstable to the west. The Bass River and
its tributaries make up most of the Town’s border with Dennis. According to data from the 2020 U.S.
Census, Yarmouth has a population of 25,023 people, which increases substantially in the summer.
Yarmouth’s public drinking water is supplied from municipal groundwater wells located throughout
town. The Town-wide average daily wastewater flow is 2,551,000 gallons per day (gpd). The Town
does not have a municipal wastewater collection system (wastewater flow is directed primarily to septic
systems on each lot), and the only municipal wastewater facility is the Yarmouth STP, which accepts
septage from Yarmouth and Dennis and several other Cape Cod communities. The STP is located at 47
Workshop Road in South Yarmouth and was designed to treat an annual average flow of 57,500 gpd and
is permitted to discharge 28 million gallons per year to either of two disposal/reuse sites. Residuals from
the facility are hauled out of state to an approved landfill. Effluent from this facility is used as irrigation
source water for the Bayberry Hills golf courses. Seven parcels have onsite wastewater treatment plant
facilities, regulated by MassDEP to handle over 10,000 gpd collectively. The Town is divided into the
following watersheds: Nantucket Sound; Cape Cod Bay; Parkers River (North and South); Lewis Bay
(North and South); Bass River (North and South); Mill Pond; Dinah’s Pond; Hallet’s Mill Pond; Follin’s
Pond; and Barnstable Great Marsh-Bass Hole.
The proposed location of the WRRF and an effluent recharge site (R1) consists of a 155.4-acre
Town-owned parcel off Buck Island Road in West Yarmouth at which the Yarmouth STP effluent
recharge site is located. It is located in the Parkers River watershed. The site is located outside of Zone
II water supply protection areas and does not contain rare species habitat; while a complete wetlands
delineation has not yet been conducted, the site appears to include wetland resources areas and the
southern portion of the site appears to include areas identified as 100-year floodplain (the WRRF site is
outside of wetlands including the 100-year floodplain). The second effluent recharge site (R2) is
proposed at the Bass River Golf Course (BRGC), a Town-owned parcel off Highbank Road. It is located
in the Bass River watershed. The site is located outside of water supply protection zones and does not
contain rare species habitat; it appears to contain wetlands including 100-year floodplain.
Yarmouth contains both freshwater and coastal wetland resource areas, including Bordering
Vegetated Wetland (BVW), Riverfront Area (RFA), Bordering Land Subject to Flooding (BLSF), Land
Subject to Coastal Storm Flowage (LSCSF), Isolated Land Subject to Flooding (ILSF), and Salt Marsh.
The Federal Emergency Management Agency (FEMA) prepared a series of Flood Insurance Rate Maps
(FIRM), effective July 16, 2014, that depict flood zones across the Town. Coastal Flood Zones with
Velocity Hazard (VE zone) are located along the northern and southern coasts and the 100-year flood
plain extends landward from the coasts with varying Base Flood Elevations (BFE). The Massachusetts
Department of Conservation and Recreation’s (DCR) Cape Cod Rail Trail (CCRT) crosses the central
part of the Town. Areas of Priority and Estimated Habitat for rare species are located in several areas
within Yarmouth. The proposed Buck Island Road effluent recharge site is located within one mile of 5
EEA#14659 Supplemental SEIR Certificate September 30, 2022
6
EJ population(s) characterized by Minority (2) and Income (3).4 As described below, the Supplemental
SEIR identified the “Designated Geographic Area” (DGA) for the project as 1 mile around EJ
populations, included a review of potential impacts and benefits to the EJ populations within this DGA,
and described public involvement efforts undertaken to date.
Environmental Impacts and Mitigation
As previously described, the Town estimated that implementation of the 2011 CWMP would add
±3 acres of impervious area and impact 289,000 square feet (sf) of RFA, 27,000 sf of BLSF, and
1,548,000 sf of LSCSF and stated that depending on its final design, the project may require an
easement over or acquisition of Article 97-protected land. The 2011 CWMP would consist of 125 miles
of new sewer mains and would convey 2.75 MGD of wastewater flows from 9,580 individual properties
for treatment and onsite disposal at the proposed Yarmouth WWTF. The Supplemental SEIR confirms
that no easement or acquisition of Article 97-protected land will be required.5 The Supplemental SEIR
provided an updated estimate of potential wetland resource area impacts for the implementation of the
2022 Recommended Program (Phases 1-8), including sewering the Yarmouth portion of the Bass River
watershed, to include the addition of ±3 acres of impervious area, 94,120 sf of RFA, 60,120 sf of BLSF,
and 890,200 sf of LSCSF for the 2022 Program to include: 174 miles (+49 miles) of new sewer mains
and would provide treatment and disposal of a total build out flow of 3.537 MGD (+.75 MGD) at the
proposed WRRF.
The project is intended to improve aquatic health and water quality by providing more effective
wastewater treatment. Measures to avoid minimize and mitigate construction impacts include the use of
controls to minimize water quality, wetlands, noise and air impacts, and limiting areas of disturbance by
locating work within previously disturbed areas where possible. Detailed construction period mitigation
measures are listed in the SEIR, NPC, and Supplemental SEIR. Additional phase-specific mitigation
measures should be included in future permit applications and MEPA filings (if required).
MEPA Jurisdiction and Permitting
The CWMP originally underwent MEPA review including submission of a mandatory EIR
pursuant to 301 CMR 11.03(5)(a)(1) and 11.03(5)(a)(3) because it requires Agency Action and will
involve construction of a new wastewater treatment facility with a capacity of 2,500,000 or more gpd
and construction of one or more new sewer mains of ten or miles in length. It also originally exceeded
ENF review thresholds pursuant to 301 CMR 11.03(1)(b)(3) and 11.03(3)(b)(1)(f) because it may result
in the conversion of land held for natural resources purposes in accordance with Article 97 of the
Amendments to the Constitution of the Commonwealth to any purpose not in accordance with Article
97, and results in alteration of one-half or more acres of other wetlands (RFA, BLSF, and LSCSF).
Activities proposed under the CWMP would require a Sewer Connection/Extension Permit and a
4 The Bass River Golf Course effluent recharge site is located within 1 mile of one of the same EJ populations identified for
the Buck Island Road recharge site, characterized by Income.
5 The Supplemental SEIR states the land was acquired by eminent domain for recreation purposes in 1953 which predated
Article 97 (amendment to the Constitution of the Commonwealth in 1972).
EEA#14659 Supplemental SEIR Certificate September 30, 2022
7
Groundwater Discharge Permit (GDP) from MassDEP, a State Highway Access Permit from MassDOT,
and review under the Massachusetts Endangered Species Act (MESA) by the Massachusetts Division of
Fisheries and Wildlife (DFW) Natural Heritage Endangered Species Program (NHESP).
The activities under the CWMP also require Orders of Conditions from the Yarmouth
Conservation Commission (and on appeal only, a Superseding Order of Conditions from MassDEP);
review by the Massachusetts Historical Commission (MHC); concurrent review as part of the Cape
Code Commission (CCC) Development of Regional Impact (DRI) process; and a National Pollutant
Discharge Elimination System (NPDES) Construction General Permit from the U.S. Environmental
Protection Agency (EPA). The project may require Federal Consistency Review with the Massachusetts
Office of Coastal Zone Management (CZM) and a Section 10 and/or Section 404 Permits from the U.S.
Army Corps of Engineers (ACOE). The project is subject to the 2010 MEPA Greenhouse Gas Emissions
Policy and Protocol (GHG Policy).
The project changes disclosed in the February 2022 NPC (including construction of an additional
49 miles of sewer mains) implicates the mandatory EIR threshold at 301 CMR 11.03(5)(a)(3)
(construction of ten or more miles of sewer main). The project change also implicates the ENF threshold
at 301 CMR 11.03(5)(b)2., expansion of an existing wastewater treatment and/or disposal facility by the
greater of 100,000 gpd or 10% of existing Capacity. The 2022 Recommended Program will continue to
require the permits/approvals listed above with the exception of DRI approval from the CCC.6
The Town anticipates seeking Financial Assistance from the Commonwealth in the form of State
Revolving Fund (SRF) loans for subsequent planning and construction of each phase of the CWMP.
Therefore, MEPA jurisdiction is broad and extends to all aspects of the project that may cause Damage
to the Environment, as defined in the MEPA regulations.
Review of the Supplemental SEIR
The Supplemental SEIR indicates that there have been no material design changes to the CWMP
or Recommended Program since the filing of the NPC. The Supplemental SEIR contains a more detailed
Wastewater Flow Summary, a breakdown of estimated wetland impacts by phase, and additional
analysis of Greenhouse Gas Emissions (GHG). The Supplemental SEIR contained an updated output
report from the MA Climate Resilience Design Standards Tool prepared by the Resilient Massachusetts
Action Team (RMAT) (the “MA Resilience Design Tool”),7 for the three major project areas together
with information on climate resilience strategies to be undertaken by the project. It identified measures
to avoid, minimize and mitigate environmental impacts. The Supplemental SEIR provided a response to
comments on the NPC and draft Section 61 Findings. It also contained an assessment of the public
health impacts of the project and information related to impacts on EJ populations as required by 301
CMR 11.07(6)(n).
6 Under the CCC’s current regulations, the Yarmouth CWMP no longer requires DRI approval, but does require review by
the CCC for consistency with the Section 208 Area-Wide Water Quality Management Plan for Cape Cod (208 Plan).
7 https://resilientma.org/rmat_home/designstandards/
EEA#14659 Supplemental SEIR Certificate September 30, 2022
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Environmental Justice
As noted above, the project sites are located within 1 mile of 5 EJ populations characterized by
Minority (census tract 121.01, block groups 1 and 2) and Income (census tract 120.02 block group 18,
121.01, block group 3, and census tract 121.02 block group 1). Within census tracts containing the
above EJ populations within one mile of the project site, the following languages are identified as those
spoken by 5% or more of residents who also identify as not speaking English very well: Portuguese
Creole.
I note that under Section 58 of St. 2021, c. 8, An Act Creating a Next Generation Roadmap for
Massachusetts Climate Policy, and amendments to MEPA regulations effective December 24, 2021, all
projects filed on or after January 1, 2022 and located within at least 1 mile of an EJ population will be
required to provide additional analyses of environmental and public health impacts to identified EJ
populations in the form of an EIR. Two related MEPA protocols – the MEPA Public Involvement
Protocol for Environmental Justice Populations (“MEPA EJ Public Involvement Protocol”) and MEPA
Interim Protocol for Analysis of Project Impacts on Environmental Justice Populations (“MEPA Interim
Protocol for Analysis of EJ Impacts”) – are also in effect for new projects filed on or after January 1,
2022.9 While the original project commenced review prior to January 1, 2022 and the filing currently
under review stemmed from an NPC which is not subject to these requirements, the 2022 NPC and
Supplemental SEIR described the project’s past and planned efforts to reach out to EJ communities, and
provides an analysis of potential impacts to EJ populations.
To enhance the public involvement of EJ populations, the Town provided advance notification of
the Supplemental SEIR filing on July 10, 2022 to a list of community-based organizations (CBOs) and
tribes/indigenous organizations (the “EJ reference list”) provided by the EEA EJ Director. The advance
notification was translated into Portuguese Creole. The Town also provided outreach and project
documents on the Water Resources page of the Town website. As described in the 2022 NPC, outreach
has included:
• Monthly WRAC meetings open to the public and recorded for Town’s YouTube page
• Regular wastewater-specific agenda items at Board of Selectmen meetings
• Dedicated Town WRAC Webpage featuring wastewater program updates
• Email/Text signup list for wastewater program updates
• Watershed and neighborhood meeting presentations with informational flyers
As requested in the Certificate on the NPC, the Supplemental SEIR reviewed sources of potential
pollution that exist within the identified EJ populations, based on the mapping layers available in the
DPH EJ Tool. This analysis was conducted to determine if the WRRF or the two planned effluent
recharge locations would pose any disproportionate burden or risk on the EJ populations within 1 mile.
Based on the mapping layers, the following additional groundwater discharge permits were identified
within or immediately adjacent to the EJ populations:
8 This EJ population is within one mile of both effluent recharge sites.
9 Available at https://www.mass.gov/service-details/eea-policies-and-guidance.
EEA#14659 Supplemental SEIR Certificate September 30, 2022
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• The Cavalier Motor Lodge Redevelopment at 881 Route 28 in Yarmouth is authorized to
discharge into the ground from their wastewater treatment facilities 14,190 gpd of treated
effluent (MassDEP Groundwater Discharge Permit BWR No. 969) (adjacent to census tract
120.02 block group 1).
• Mill Pond Village Condominium off Camp Street in Yarmouth is authorized to discharge into the
ground from their wastewater treatment facilities 44,880 gpd of treated effluent (MassDEP
Groundwater Discharge Permit BWR No. 742) (within census tract 121.01, block group 2).
• Yarmouth STP located at 47 Workshop Road in Yarmouth is authorized to discharge into the
ground from 28 MGYR of treated effluent (MassDEP Groundwater Discharge Permit BWR No.
451) (adjacent to census tract 121.01, block group 1).
• Mayflower Place at 579 Buck Island Road in Yarmouth is authorized to discharge into the
ground from their wastewater facilities 25,000 gpd of treated effluent (MassDEP Groundwater
Discharge Permit BWR No. 305) (adjacent to census tract 121.01, block group 2 and census tract
121.02, block group 3).
The proposed location of the effluent recharge sites for the new WRRF included in the 2022
Recommended Program would be sited to the south of census tract 121.01 block group 3 and just south
and east of census tract 121.01 block group 1. The Supplemental SEIR indicates that the proposed
recharge sites, once constructed, will comply with permit standards for groundwater discharge and will
be an overall benefit to the Town, including EJ populations, by removing excess nitrogen from
groundwater via wastewater treatment. In addition, MassDEP sets discharge limitations for numerous
effluent characteristics to protect public health in the immediate vicinity of the discharge site as well as
the surrounding community, including protection of the EJ populations within the DGA. The permittee
is required to conduct daily, monthly, and annual monitoring to record the quality of the influent and the
quality and quantity of the effluent prior to discharge to the recharge facilities. The discharge permit also
has monthly and quarterly monitoring and reporting requirements for one upgradient and four
downgradient monitoring wells.
Based on the mapping layers available in the DPH EJ Tool, the Supplemental SEIR reports that
there are also a number of facilities that store hazardous materials within the identified EJ populations,
underground storage tanks associated with gas stations (3), and large quantity generators (2).While this
analysis indicates there is some indication of an existing “unfair or inequitable” burden, it asserts that
the project will not result in disproportionate adverse effects, or increase the risks of climate change, on
the EJ populations by materially exacerbating such existing burdens. The Supplemental SEIR presented
environmental benefits that will extend to EJ populations including reducing nutrients from groundwater
and protecting drinking water and surface waters that may be used for recreational purposes by the EJ
populations. By reducing onsite septic system inputs into the groundwater, the project will result in a
beneficial reduction of all contaminants contained in wastewater effluent including nitrogen,
phosphorus, bacterial and viral constituents, and contaminants of emerging concern (CEC’s) such as
pharmaceuticals and personal care products and per- and polyfluoroalkyl substances (PFAS).
Public Health
As noted above, the Supplemental SEIR included the required monitoring parameters required
by MassDEP under a groundwater discharge permit as listed in the table below.
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In addition to these limitations, the following criteria to protect public health must also be met:
• The pH of the effluent shall not be less than 6.5 nor greater than 8.5 at any time or not more than
0.2 standard units outside the naturally occurring range.
• The discharge of the effluent shall not result in any demonstrable adverse effect on the
groundwater or violate any water quality standards that have been promulgated.
• The monthly average concentration of BOD and TSS in the discharge shall not exceed 15
percent of the monthly average concentrations of BOD and TSS in the influent into the
permittee’s wastewater treatment facility.
• When the average annual flow exceeds 80 percent of the permitted flow limitations, the
permittee shall submit a report to MassDEP describing what steps the permittee will take in order
to remain in compliance with the permit limitations and conditions, inclusive of the flow
limitations established in the permit.
As discussed, the Supplemental SEIR identifies a number of public health benefits that would
accrue from the activities described in the 2022 Recommended Program, including removing excess
nitrogen from groundwater and protecting drinking water supplies.
Wastewater and Water Quality
As described above, the project includes construction of a new WRRF, 15 pumping stations, 9
vacuum stations and approximately 79 linear miles of gravity sewer mains, 67 linear miles of vacuum
sewer mains, 18 linear miles of low-pressure sewer mains and 10 linear miles of force mains. As
previously stated in comments on the NPC, MassDEP cautions against the use of vacuum sewers and
recommends a mix of gravity, low-pressure, and force main. The Supplemental SEIR states that the
Town will evaluate the types of sewers to be installed during each phase. The Town will consider long-
term operation and maintenance, customer use and reliance, and costs during the selection process. The
Town states a preference for gravity sewers in general.
As requested by the Certificate on the NPC, the Town states that the total expansion in treatment
capacity associated with the WRRF is 3.54 MGD at buildout. In addition, the Yarmouth Sewage
Treatment Plant (STP), which will remain online after construction of the WRRF, will continue to treat
110,000 gpd during the peak month. The Town further states the Yarmouth STP will continue to treat up
to 28 MG per year without violating permitted effluent quality limits.
EEA#14659 Supplemental SEIR Certificate September 30, 2022
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According to the NPC, a Permeable Reactive Barrier (PRB) is not part of the preferred plan for
the Town; however, the Town is keeping the PRB as an option if additional nitrogen removal is required
in the future. Conceptually, the Town believes that a PRB downgradient of a disposal site would
intercept the treated wastewater effluent mixed with groundwater and further reduce nitrogen
contributions to the receiving embayment. Implementation of a PRB is directly contingent on treatment
facility effluent quality and, therefore, would only be included in the future through adaptive
management. The Supplemental SEIR states the Town understands that further MEPA review may be
required if a PRB is recommended and comments from MassDEP indicate support for the Town’s use of
adaptive management. The Supplemental SEIR also identifies additional alternative strategies available
under an adaptive management approach. These include widening of the Route 6 Brides and the Cape
Cod Rail Trail Bridge to reduce the tidal restriction and increase flushing in the upper Bass River
Watershed. The Town is directed to consult with the MEPA office upon commencement of any non-
structural or other alternative strategies for wastewater management, including any bridge and/or road
widening efforts, to determine the need for further review. Any material change to the CWMP to
significantly increase the Town’s reliance on alternative strategies to obtain nitrogen removal credit may
require an additional NPC filing.
Comments from Mass DEP commend the Town for its effort to address nitrogen issues in a
phased approach and state that construction of a centralized treatment facility and expanding
methodically into the impaired watersheds with traditional sewering, will initiate some immediate
action. MassDEP indicates that acknowledgement and planning around buildout flows assures that the
plan not only addresses current needs but future needs as well. Comments from MassDEP state that
notwithstanding unpredicted changes in land use, the Town will achieve over removal of the estimated
removal requirements.
Wetlands and Waterways
As noted above, the Supplemental SEIR provided updated wetland impact information for the
implementation of the Recommended Program as 94,120 sf of RFA, 60,125 sf of BLSF, and 890,200 sf
of LSCSF. The Supplemental SEIR states that impacts to wetland resource areas are temporary for open
cut installation of the collection sewers within existing paved street with the exception of 7,290 square
feet of permanent impact to LSCSF and 2,940 square feet of RFA for construction of sewerage pumping
and vacuum stations. The number of wastewater pumping stations located with LSCSF has been reduced
since the filing of the NPC, including the following changes:
• South Shore Drive Pumping Stations 5 and 6 were consolidated into one pumping station to be
located on a Town-owned parcel on the north side of South Shore Drive. The consolidated
pumping station would still be located within the AE flood zone; however, consolidation reduces
the permanent impacts to LSCSF by approximately 590 square feet (based on a 12’ by 24’
building, and two 10’ by 15’ wet well and valve vault structures).
• Pumping Station 1 on Route 28 near Mill Pond has been shifted to a Town-owned parcel located
out of the AE flood zone.
• Pumping Station 4 at the intersection of Old Main Street and Route 28 has been shifted to a
Town-owned parcel located out of the AE flood zone.
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The following table details the temporary and permanent wetland impacts by phase:
According to the Supplemental SEIR, all work will comply with the performance standards of
the Massachusetts Wetlands Protection Act Regulations at 310 CMR 10.00 as well as the local
Yarmouth Wetlands Protection Bylaw (Bylaw) and Wetland Protection Regulations. The Supplemental
SEIR states that there are no performance standards for LSCSF but adds that the Bylaw Regulations
have performance standards for activities within LSCSF that results in altering land within 300 feet of a
major estuary. Comments from CZM note that LSCSF is a protected resource area under the Wetlands
Protection Act and that 310 CMR 10.03(5) indicates that each resource area subject to protection is
presumed to be significant to one of more of the interests of the Act. Comments from CZM point the
Town to the MassDEP and CZM produced guidance from 2017, Applying the Massachusetts Coastal
Wetlands Regulations: A Practical Manual for Conservation Commissions to Protect the Storm Damage
Prevention and Flood Control Functions of Coastal Resource Areas (“Coastal Manual”), that includes
guidance for protection of LSCSF. Comments from CZM state the proponent should address this
EEA#14659 Supplemental SEIR Certificate September 30, 2022
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guidance in the future Notice(s) of Intent for this project.10
Rare Species
Portions of the phased sewer main installations are located near or within Priority and Estimated
Habitat for state-listed species according to the Massachusetts Natural Heritage Atlas (15th edition).
The Supplemental SEIR states that for each phase that requires a Notice of Intent (NOI) from the
Yarmouth Conservation Commission and is within Priority Habitat and Estimated Habitat, the NOI will
be sent to NHESP for review. Furthermore, during the design of each phase of the project, detailed
construction plans will be provided to the NHESP to confirm the exemption status or determine the need
for further information. Comments from NHESP state that permitting under the Massachusetts
Endangered Species Act (MESA) should be added to the list of potential permits and approvals for the
project. In addition, comments from NHESP provides the following recommendations related to
mitigation planting and construction period Best Management Practices (BMPs):
• Native Plantings: Should any seed mixes be applied to disturbed soils not thereafter maintained
as lawn, all such mixes shall be composed of species native to the County in accordance with
‘The Vascular Plants of Massachusetts: A County Checklist First Revision’ (Dow Cullina, M., B.
Connolly, B. Sorrie, and P. Somers. 2011. MA NHESP DFW), as may be updated; available
from State Library of Massachusetts at http://archives.lib.state.ma.us.)
• State-listed Plants Shall Not Be Planted: Unless allowed by the Division in writing, all seed and
plants shall exclude any species on the MA Endangered Species List, even if the seeds are
sourced outside of Massachusetts. Please carefully review seed mixes at the time of purchase as
the specific composition and mixes change within a year. MESA list:
https://www.mass.gov/infodetails/list-of-endangered-threatened-and-special-concern-species
• Equipment excavating within water, wetlands or waterways should use biodegradable hydraulic
fluid.
• All equipment and stockpiled materials should be stored outside the floodplain and above flood
elevations during periods of flood risks and during inactivity.
Climate Adaptation and Resiliency
The Supplemental SEIR included three separate output reports from the MA Resilience Design
Tool to reflect exposure levels for three key project areas: the WRRF and effluent recharge site off Buck
Island Road, the Bass River Golf Course effluent recharge site, and the new sewer collection piping
along the shoreline. Based on the output reports, the different project areas have the following exposure
ratings based on their locations for the following climate parameters:
10 Comments from CZM also request copies of periodic monitoring results that will be conducted to track changes to estuary
water quality due to inlet widening at the Route 28 Bridge.
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As noted above, the Supplemental SEIR notes several changes to Phase 1 pump station locations
to remove them from the existing 100-year flood zone. Pumping stations located within the flood zone
will be elevated a minimum of 3 feet (to 14 feet NAVD88) above the current FEMA 100-yr floodplain
elevation (11 feet NAVD88). In addition, the Town commits to considering further elevation of the
pumping station structures above the recommended 50-yr planning period (i.e., 2070) flood zone
elevations per the RMAT Tool output reports. The MA Resilience Design Tool shows average Water
Surface Elevations for project areas with high exposure to sea level rise ranging from 12.4 to 14.9 ft
(NAVD88) (height varies based on asset and its location) in 2050 and 14.4 to 16.5 ft in 2070, based on a
100-year (1% annual chance) storm scenario. Projected Wave Action Water Elevations are even higher,
ranging from 13.7 ft to16.3 ft (NAVD88) in 2050 to 15.8 ft to 18.5 ft in 2070 (also based on the 100-
year, 1% annual chance storm scenario). Based on this information, the Town will need to consider
elevating beyond 3 feet in later project phases. The Supplemental SEIR also states resiliency measures
will be added to the collection systems located in the flood zone and in areas shown as being inundated
with 4 feet of SLR including watertight manhole covers for gravity sewers and for valve pits in the
vacuum sewers.
The Supplemental SEIR states the WRRF will be designed in accordance with TR-16: Guides for
the Design of Wastewater Treatment Works (TR-16) which are design guidelines for wastewater
treatment facilities in New England developed by the New England Interstate Water Pollution Control
Commission (NEIWPCC). These guidelines indicate that all critical equipment associated with
wastewater conveyance and treatment facilities should be constructed a minimum of 3 feet above the
effective FEMA 100-year floodplain elevation. The existing grade of the proposed WRRF site is above
the 100-yr floodplain elevation along Plashes Brook (located east of the proposed treatment plant site) of
11 feet NAVD 88. In compliance with TR-16, the plant will include redundant components in the event
of system failures. Additionally, an equalization tank at the head of the plant will be sized to handle peak
events. According to the Supplemental SEIR, the MA Resilience Design Tool recommends a return
period associated with a 100-year (1% annual chance) storm event as of a future planning year when
designing the WRRF based on its high exposure rating for sea level rise (SLR). The Supplemental SEIR
states the stormwater management facilities will be designed to meet the future 25-yr (4%) 24-hour
storm event as recommended by the MA Resilience Design Tool.
Comments from CZM state that the best available data should be used in the design of the
project and recommend the Massachusetts Coast Flood Risk Model is the best available source of
information about the distance further landward the flood zones are likely to extend in various scenario
EEA#14659 Supplemental SEIR Certificate September 30, 2022
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years (e.g., 2030, 2050, 2070). At the time each phase of the project is designed, it should consider the
best available information 50 years into the future. Since the project phases will be developed over time,
this planning horizon will be further out than 2070, depending on when the design is done. For the most
up-to-date sea level rise projections, the Town should consult the “Climate Standard Design Standards”
and “Design Criteria Guidance Language” documents published by RMAT.11 According to the Climate
Standard Design Standards document, best practice planning for “High” critical assets, such as the
critical wastewater infrastructure reviewed herein, would require consideration of the 200-year (0.5%
annual chance) and 50-year (2% annual chance) storm events as of 2070, respectively, for the sea level
rise and extreme precipitation parameters.
Greenhouse Gas Emissions (GHG)
The Supplemental SEIR included responses to DOER comments related to space and water
heating, building envelope and energy recovery associated with the WRRF which is currently in the
preliminary design phase. Specifically, the Town notes that it cannot commit to 100% replacement of
gas heating systems with electrical air sources and/or effluent source heat pumps but is committed to
minimizing gas use to the extent feasible. Additionally, a thermal energy demand intensity of 2.5
kBtu/sf-yr or less, as recommended in DOER comments, will likely not be feasible due to the ratio of
building envelope to conditioned space and potential incorporation of laboratory and locker room spaces
which require significant volumes of outside air. The design of the WRRF office spaces will target the
applicable path outlined by Mass Save for Commercial New Construction and Major Renovations. The
Supplemental SEIR also states that design of the WRRF’s space and water heating systems has not yet
begun; however, the town is committed to minimizing gas and other fossil fuel use to the extent feasible.
Following review of the Supplemental SEIR, DOER provided the following recommendations:
• Provide efficient electrification of space heating, as follows:
o For buildings with average ventilation rates of 0.5 cfm/sf or less at full occupancy,
provide all space heating with electric air source heat pumps.
o For buildings with average ventilation rates greater than 0.5 cmf/sf at full occupancy
utilize hybrid approach consisting of primary heating with electric air source heat pumps,
sized to 25% of the peak heating load, and secondary heating with gas, sized to 100% of
the peak heating load.
• Provide efficient electrification of domestic water loads (kitchen, bathroom, and shower) using
off-the-shelf, packaged air source heat pump water heating appliances.
• Consider efficient electrification of larger process water loads using air source heat pump water
heating equipment which uses outside air.
• Consider effluent-source and process-source for efficient electrification of space heating and
cooling as well as water heating.
• Provide ventilation energy recovery as follows (consistent with proposed energy efficiency
code):
11 Available at https://resilientma.mass.gov/rmat_home/designstandards/.
EEA#14659 Supplemental SEIR Certificate September 30, 2022
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o Sensible recovery ratio of at least 50% at heating design conditions for systems that
provide makeup air for Class 3 or 4 exhaust.
o Enthalpy recovery ratio of at least 70% at heating and cooling design conditions for all
other systems.
• Include concurrent heating and cooling energy recovery as follows:
o For office and other similar spaces, utilize electric air source heat pump systems which
have heat recovery, such as variable refrigerant flow systems.
o If there are effluent or process flows, consider using these as heat sources and/or heat
sinks per 4 above.
• Utilize TEDI reduction strategies to achieve the following targets:
o For normally-ventilated office building (average ventilation is 0.5 cfm/sf or less at full
occupancy): heating TEDI of 2.5 kBtu/sf-yr, or less, and a cooling TEDI of 21 kBtu/sf-yr,
or less.
o If the building is highly-ventilated (average ventilation rate is greater than 0.5 cfm/sf at
full occupancy): demonstrate that site energy is 51% of the site energy of a building
conforming to ASHRAE 90.1-2019 Appendix G, or less.
The Supplemental SEIR states the Town is committed to installation of a solar PV system in the
footprint of the infiltration basins. Although still in the early stages of design, the preliminary estimated
energy use for the WRRF is about 2,300 MWh/yr. The projected fossil fuel use for the HVAC system is
not available yet. A solar PV system at the WRRF is capable of producing 0.4MW per acre. If 50% of
the available acreage is utilized in the infiltration beds this would amount to a 1.4MW (AC) solar array
that could produce 2,100 MWh per year. The Supplemental SEIR includes a discussion of EV charging
at the WRRF site and states the number of chargers will be reviewed during the design stage. Comments
from DOER (on the NPC) recommend installation of as many EV charging stations as possible and
making all spaces EV ready. The Town commits to working closely with MassDEP and DOER during
the final design of the WRRF.
The Town commits to providing a certification to the MEPA Office signed by an appropriate
professional (e.g., engineer, architect, general contractor) indicating that all of the GHG mitigation
measures committed to by the Town as described in the SEIR, NPC and Supplemental SEIR, or as
modified as part of the MassDEP permitting process, have been incorporated into the WRRF. This
certification should be supported by as-built plans. For those measures that are operational in nature (i.e.
TDM, recycling) the Town should provide an updated plan identifying the measures, the schedule for
implementation and how progress towards achieving the measures will be obtained.
Construction Period
The Supplemental SEIR contained mitigation commitments including those to address comments
from MassDEP related to air quality, solid waste management, and hazardous waste management during
the construction period.
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Mitigation/Draft Section 61 Findings
The Supplemental SEIR provided draft Section 61 Findings for use by State Agencies in future
permitting actions associated with projects disclosed in the CWMP. The Section 61 Findings should be
provided to State Agencies to assist in the permitting process and issuance of final Section 61 Findings.
The Town will provide a GHG self-certification to the MEPA Office that is signed by an appropriate
professional (e.g., engineer, architect, transportation planner, general contractor) indicating that all of the
GHG mitigation measures or equivalent measures that are designed to collectively achieve identified
reductions in GHG emissions from stationary and mobile sources and land alteration have been
incorporated into the project. To the extent the project will take equivalent measures to achieve the
identified reductions, I encourage the Town to commit to achieving the same level of GHG emissions
identified in the mitigated (design) case expressed in volumetric terms (e.g., tpy).
Environmental Justice
• Ensure effluent Recharge Facility meets the requirements of 314 CMR 5.00 to protect Public
Health for identified EJ Populations;
• Compensatory flood storage will be provided for impacts to Bordering Land Subject to
Flooding (BLSF) to ensure that there will be no downstream flooding impacts from the
proposed below ground pumping station located within BLSF;
• Traffic management plans will be generated during the design phase to mitigate traffic
impacts;
Wetlands and Waterways
• The requirements of any applicable Yarmouth Conservation Commission Order of
Conditions for each phase of construction will be followed;
• The Contractor will submit a dewatering plan for review and approval by the Conservation
Commission prior to the start of work for each phase of construction. The plan will include
the methods and discharge points proposed to be used by the Contractor. The Contractor will
be required to retain the services of a Professional Engineer registered in Massachusetts to
prepare dewatering and drainage system designs and submittals;
• Erosion and sedimentation control will be installed prior to site preparation activities. The
Contractor will be required to contact the Yarmouth Conservation Agent to inspect siltation
controls prior to excavation. Filter bags will be placed in catch basins that discharge into
wetlands, water supply or surface water bodies;
Climate Resiliency
• Base floor elevation to be 3 ft above the effective FEMA Base Flood Elevation or the 2070
predicted 100-yr flood elevation, if feasible , for Wastewater Pumping Stations and Vacuum
Stations;
• Waterproof Manhole Structures will be used;
• Stormwater Management Facilities designed to meet year 2070, 25-yr, 24-hr storm event as
recommended by the MA Resilience Design Tool Report and the current 100-yr 24-hr storm
event as required by the Massachusetts Stormwater Standards;
Construction Period
• Work areas will be restored to pre-construction conditions. Seed or sod will be placed on all
areas disturbed;
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• Construction materials will be stored outside of wetlands and floodplains;
• Topsoil removed for construction will be stockpiled and reused to revegetate areas crossed
by trenches;
• Construction equipment will be equipped with silencers or mufflers design to operate with
the least possible noise level in compliance with state, federal, and Town of Yarmouth
regulations;
• Minimize air emissions by using an emission control device such as a diesel oxidation
catalyst or diesel particulate filter on each piece of diesel construction equipment, using ultra-
low sulfur diesel (ULSD) fuel, prohibiting motor vehicle engines from idling more than five
minutes and retrofitting diesel equipment with emissions controls meeting EPA’s Tier 4
Emissions Standards;
• Perform dust control operations including street sweeping;
• Implement a construction waste management plan;
• Managing contaminated soil and groundwater in accordance with applicable Massachusetts
Contingency Plan (MCP) requirements and under the supervision of a Licensed Site
Professional (LSP).
• Minimize water quality impacts by using sedimentation and erosion controls around work
areas and other stormwater management measures required by the Order of Conditions issued
by the Yarmouth Conservation Commission and the Storm Water Pollution Prevention Plan
(SWPPP) prepared in accordance with the NPDES General Permit;
• Maintain safe roadway conditions for pedestrians, bicyclists and motorists;
• Routine vehicle and equipment maintenance and refueling will only occur in designated areas
located more than 100-feet from wetland resource areas. At each staging area, spill clean-up
equipment (shovels, brooms, absorbent pads and materials) will be maintained for use in the
event of an accidental spill;
Hazardous Materials
• Excavated materials will be managed in accordance with applicable Massachusetts
Contingency Plan (MCP) requirements. These provisions include identification of
contaminated materials, segregation, proper stockpiling or containment, and sampling and
analysis to determine the appropriate facility for reuse, recycling, or disposal of these
materials;
• Dewatering discharges will be managed in accordance with MCP requirements, including
identification of contaminated groundwater, proper containment and pretreatment, and
required sampling and analysis;
• Hazardous materials management activities will be conducted under the supervision of a
Licensed Site Professional (LSP) in accordance with MCP Utility-Related Abatement
Measure or Immediate Response Action provisions, as appropriate;
GHG Measures
• Install PV system in the footprint of the infiltration basins (8.5 acres) estimated to generate
2,100 MWh/yr;
• Improve building envelope through higher R-value insulation in walls, roof, and if
appropriate, basement walls and ceiling;
• Install lower U-value windows to improve envelope performance;
• Incorporate window glazing to balance and optimize daylighting, heat loss and solar heat
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____________________________
gain performance;
• Install high-efficiency HVAC systems and premium efficiency motors;
• Incorporate motion sensors into lighting, daylighting, and climate controls;
• Install high efficiency lighting, including compact fluorescent lamps (CFLs) and LED
technology as appropriate;
• Provide automated energy management control system with the capacity to adjust and
maintain set points and schedules;
Conclusion
Based on review of the Supplemental SEIR, comment letters, and in consultation with Agencies,
I find that the Supplemental SEIR adequately and properly complies with MEPA and its implementing
regulations. The project may proceed to permitting. Participating Agencies and the Proponent should
forward copies of the final Section 61 Findings to the MEPA Office for publication in accordance with
301 CMR 11.12. If any changes are made to the project, the Proponent should consult with the MEPA
Office to determine whether a Notice of Project Change may be required.
September 30, 2022
DATE Bethany A. Card
Comments received:
09/19/2022 Natural Heritage and Endangered Species Program (NHESP)
09/22/2022 Massachusetts Department of Coastal Zone Management (CZM)
09/23/2022 Massachusetts Department of Environmental Protection (MassDEP) –
09/23/2022
Southeast Regional Office (SERO)
Cape Cod Commission (CCC)
09/29/2022 Massachusetts Department of Energy Resources (DOER)
BAC/JAH/jah
Yarmouth Comprehensive Wastewater Management Plan, EEA No. 14659
Yarmouth, Massachusetts
ATTACHMENT C
PROJECT PLANS (BOUND SEPARATELY)