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HomeMy WebLinkAboutNOI Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 146 Mayflower Terrace, South Yarmouth Notice of Intent Proposed Pier, Ramp, and Float System and Stone Revetment Replacement Town of Yarmouth Yarmouth Conservation Commission December 2024 Prepared for: Robert and Maureen Kelly 27 Library Lane Chatham, MA 02633 BSC Job #0101231.00 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 DECEMBER 23, 2024 www.bscgroup.com Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Attn: Brittany DiRienzo, Conservation Administrator RE: Notice of Intent Application, Proposed Replacement Pier, Ramp and Float System and Stone Revetment Replacement, 146 Mayflower Terrace, South Yarmouth, MA, BSC Job #0101231.00 Dear Yarmouth Conservation Commissioners, BSC Group, Inc. (BSC) is pleased to submit this Notice of Intent (NOI) Application on behalf of Robert and Maureen Kelly (the Applicant), for a project located at 146 Mayflower Terrace, South Yarmouth, MA (the Site). The proposed project involves replacement of the existing concrete bulkhead wall with a new sloped stone revetment approximately 2 feet taller than existing, the replacement of an existing pier, which does not reach beyond the existing salt marsh or MLW, with a new pier, ramp and float system which reaches safe berthing depths around -4 elevation on NAVD 88 (or -3 MLW). The proposed project activities will be located within Dinahs Pond, which contains Land Under Ocean and Land Containing Shellfish, Salt Marsh, Coastal Bank, and Land Subject to Coastal Storm Flowage. The applicant would also like to make repairs to the existing pier for use while waiting to complete the permitting process for the new pier. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Yarmouth Wetlands Protection By-law and associated Regulations. Enclosed please find the Notice of Intent application, project plans and accompanying materials. If you have any questions or require additional information, please contact our office at (508) 778 – 8919 or via email at hraddatz@bscgroup.com. Sincerely, BSC Group, Inc. Hannah Raddatz Ecologist, Associate CC: Robert and Maureen Kelly, 27 Library Lane, Chatham, MA 02633 Yarmouth Waterways/Shellfish Advisory Committee, 424 MA-28, West Yarmouth, MA 02673 Department of Environmental Protection, Southeast Regional Office, 20 Riverside Drive, Lakeville, MA 02347 Division of Marine Fisheries – Southeast Marine Fisheries Station, Attn: Environmental Reviewer, 836 South Rodney French Blvd., New Bedford, MA 02744 (via Email: dmf.envreview-south@mass.gov) Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 DECEMBER 23, 2024 www.bscgroup.com Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Attn: Brittany DiRienzo, Conservation Administrator RE: Variance Request Under Town of Yarmouth Wetland Protection Regulations, Associated with Notice of Intent for Proposed Replacement Pier, Ramp and Float System and Stone Revetment Replacement 146 Mayflower Terrace, South Yarmouth, MA, BSC Job #0101231.00 Dear Yarmouth Conservation Commissioners, BSC Group, Inc. (BSC) is pleased to submit this request for variance to waive a performance standard under Part 3 Regulations for Docks, Pier and Dredging, Performance Standards for Tidal and Estuarine Docks and Piers, associated with the project in the submitted Notice of Intent (NOI) Application on behalf of Robert and Maureen Kelly (the Applicant), for a project located at 146 Mayflower Terrace, South Yarmouth, MA (the Site). The proposed project involves replacement of the existing concrete bulkhead wall with a new sloped stone revetment and the replacement of an existing pier, with a new pier, ramp and float system which reaches safe berthing depths around -4 elevation on NAVD 88 (or -3 MLW). The proposed project activities will be located within Dinahs Pond, which contains Land Under Ocean and Land Containing Shellfish, Salt Marsh, Coastal Bank, and Land Subject to Coastal Storm Flowage. The performance standard associated with this variance request is 3.01 (10), which requires that, “the maximum length of dock, pier and float configurations shall not be greater than 80 feet from Mean High Water”. The proposed pier, ramp and float system, which will be located in the footprint of the existing pier, will extend 114 feet from the MHW line, but only 94 feet of this structure will be permanent. This exceeds the limit of this performance standard, however, this extension beyond 80 feet is necessary to achieve safe berthing and docking depths, as well as achieving appropriate depths under the float and any vessels at low tide (greater than 3 feet). This structure also meets all other performance standards associated with tidal piers, docks, and floats, as well as performance standards associated with work in Land Under Ocean and Land Containing Shellfish. It is not anticipated that this extension will result in any significant negative impacts to jurisdictional resource areas and their natural functions. Therefore, it is requested that this performance standard be waived to allow this pier, ramp and float system to be constructed as proposed. If you have any questions or require additional information, please contact our office at (508) 778 – 8919 or via email at hraddatz@bscgroup.com. Sincerely, BSC Group, Inc. Hannah Raddatz Ecologist, Associate TABLE OF CONTENTS Item Attachment Town of Yarmouth NOI Application Forms 1 Notice of Intent Form 2 Project Description 3 USGS Site Locus Map 4 NHESP Priority & Estimated Habitat Map 5 FEMA Map 6 Photo Page 7 Abutter Information 8 Shellfish Report 9 Amnesty Permit for Pier and Ramp 10 Site Plans 11 Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 12/2024 Page 1 of 2 Administrative Checklist Notice of Intent General Information: All filings must be made on Town of Yarmouth forms. The filing deadline is two weeks prior to the next scheduled Conservation Commission meeting for new applications. Failure to follow this Checklist shall result in an Administratively Incomplete Application and will not be advertised for a Public Hearing. Refer to the meeting schedule. Contact the Conservation Office if you need assistance. Submitting an Application: Does the property have any outstanding/expired Orders of Conditions? If so, please file a Request for Certificate of Compliance for each outstanding/expired Order, as the Commission may not issue a new Order until any outstanding/expired Orders have been closed and recorded. (*see page 2) Hardcopy filing dropped off or mailed to the Conservation Office including: 1 Administrative Checklist 1 complete NOI application WPA form 3 with original signatures. Typed signatures will not be accepted. Detailed narrative of the project including existing & proposed conditions, construction sequence, type of equipment, staging locations, drainage and stormwater, erosion controls, invasive species management and alternative analysis. The narrative shall include how the project meets performance standards per 310 CMR 10.0 & TOY Wetland Regulations, delineation sheets (if BVW or vegetated wetlands are present) or other resource area calculations, and supporting information. 1 100’ radius map, current abutters list identifying the property owners who are to be notified per 310 CMR 10.00 and abutter notification form. Abutters list must be certified by the Town Assessor’s office. The Assessor’s office requires 7 days advance notice. All abutters must be notified via certified mail. Certified Mail Receipts (PS Form 3800) for all abutters. Green cards to be submitted at the hearing. 1 original and 6 copies of the plan, folded separately, right side out with title and project address visible. All plans shall reference NAVD1988 unless otherwise noted. See plan requirements Yarmouth’s share of State filing fee: Separate check made payable to “Town of Yarmouth” (refer to NOI Wetland Fee Transmittal Form) By-law filing fee: Separate check made payable to “Town of Yarmouth” Legal ad fee: Separate check made payable to “Town of Yarmouth” Please list project property’s street address on checks. Refer to Fee Schedule DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection Box 4062 Boston, MA 02211 CONSERVATION OFFICE Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 12/2024 Page 2 of 2 DEP Submittal and Digital filing If you are filing with MassDEP using eDEP, please include a copy of the submittal confirmation with your application. If not filing via eDEP, a PDF of your application, plan, and all other supporting information must be sent VIA EMAIL the same day to DEP, Southeast Region at SERO_NOI@mass.gov with the subject line in the email per DEP’s request listed as “YARMOUTH - NOI - Street Address - Applicant Name” and copied bdirienzo@yarmouth.ma.us and jjerolimo@yarmouth.ma.us. We must receive a copy of this email with the application as proof that it has been submitted to DEP. Initial below I CERTIFY that all on-site requirements will be completed by noon on the Friday prior to the hearing date. All proposed structures must be staked, and all relevant resource areas and buffer zones must be staked or flagged. Please consult the Yarmouth Wetland Regulations, page 17. Without proper staking your project may be deemed incomplete and be continued to the next hearing date. I understand that in person representation is required at the scheduled hearing to present to the conservation commission If Applicable Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program Certified Mail Receipt for Massachusetts Division of Marine Fisheries. If filing via email, CC bdirienzo@yarmouth.ma.us and jjerolimo@yarmouth.ma.us Waterway’s jurisdiction – Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his/her representative must provide the Conservation office with proof that this has been done or the filing will not be accepted. Other Requirements o Does the proposed project meet the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? If so, you must file with ZBA after conservation permitting is completed. o If a vacant lot, have you completed and received a determination for the Building Department for a lot inquiry form? *To view all Conservation files/permits for the property address online, go to www.yarmouth.ma.us/LF Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231 Site Access Authorization Form General Information: If the applicant is not the property owner, please submit this form with your application. The owner must be sent a copy of the application on the same day it is filed with this office. Property Address: _____________________________________________________________ Assessors Map/Lot: _____________________________________________________________ I (we) hereby authorize the individual members of the Yarmouth Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch. 131, s. 40) and/or the Yarmouth Wetlands Protection Bylaw (Chapter 143). Authorized Signature: _______________________________________ Date: ______________ Please Print Name: _________________________________________ If other than owner, please state whether tenant, agent, or other: _____________________ Mailing Address: ________________________________________________ ________________________________________________ ________________________________________________ Phone: __________________________ Cell: __________________________ Email: __________________________ Fax: __________________________ DEPARTMENT OF CONSERVATION wpaform3.doc • rev. 12/4/2023 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 146 Mayflower Terrace a. Street Address Yarmouth b. City/Town 02664 c. Zip Code Latitude and Longitude: 41.696830 d. Latitude -70.173599 e. Longitude 120 f. Assessors Map/Plat Number 14 g. Parcel /Lot Number 2. Applicant: Robert and Maureen a. First Name Kelly b. Last Name c. Organization 27 Library Lane d. Street Address Chatham e. City/Town MA f. State 02633 g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner a. First Name b. Last Name Kelly Robert E Jr Tr c. Organization 27 Library Lane d. Street Address Chatham e. City/Town MA f. State 02633 g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Hannah a. First Name Raddatz b. Last Name BSC Group, Inc c. Company 349 Route 28 Unit D d. Street Address Yarmouth e. City/Town MA f. State 02673 g. Zip Code 508-778-8919 h. Phone Number i. Fax Number hraddatz@bscgroup.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $856.00 a. Total Fee Paid $415.50 b. State Fee Paid $440.50 c. City/Town Fee Paid wpaform3.doc • rev. 12/4/2023 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town A. General Information (continued) 6. General Project Description: The proposed project involves in replacement of an existing pier with a pier, ramp and float system which reaches safe berthing depths within Dinahs Pond. An existing cement and stone retaining wall will also be replaced with a sloped stone revetment wall along the existing wall's footprint. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) 36404 c. Book 239 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 12/4/2023 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 12/4/2023 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 9.9 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 100 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 2.2 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 9.9 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 628 (pier system) and 1,604 (stone wall and fill) 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 12/4/2023 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 Phone: (508) 389-6360 MassMapper 12/2024 b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work  (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site  Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act.  MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 12/4/2023 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Bourne to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Plymouth to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 12/4/2023 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 12/4/2023 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town D. Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. Plan to Accompany A Notice of Intent a. Plan Title BSC Group, Inc b. Prepared By Kieran J. Healy, PLS c. Signed and Stamped by 12/23/2024 d. Final Revision Date 1" = 20' e. Scale f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 514 2. Municipal Check Number 12/26/2024 3. Check date 513 4. State Check Number 12/26/2024 5. Check date Maureen Kerwin and Robert 6. Payor name on check: First Name Kelly 7. Payor name on check: Last Name noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 146 Mayflower Terrace a. Street Address Yarmouth b. City/Town 513 c. Check number $415.50 d. Fee amount 2. Applicant Mailing Address: Robert and Maureen a. First Name Kelly b. Last Name c. Organization 27 Library Lane d. Mailing Address Chatham e. City/Town MA f. State 02633 g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property Owner (if different): a. First Name b. Last Name Kelly Robert E Jr Tr c. Organization 27 Library Lane d. Mailing Address Chatham e. City/Town MA f. State g. Zip Code 02633 h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Category 5 ($4 per lf) for pier and wall replacement 1 $4 x 214 lf $856.00 Yarmouth Bylaw (Cat 5, $2 x 214 lf) $428.00 Legal Ad $10.00 Step 5/Total Project Fee: $856.00 Step 6/Fee Payments: Total Project Fee: $856.00 a. Total Fee from Step 5 State share of filing Fee: $415.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $440.50 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Notice of Intent 146 Mayflower Terrace Yarmouth, Massachusetts PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed Project is located at 146 Mayflower Terrace, in South Yarmouth, MA (the Site) involves the replacement of an existing pier with a pier, ramp, and float system that will extend to safe berthing depths, as well as the replacement of an existing concrete bulkhead wall with a new sloped, stone revetment (the Project). The applicant would also like to make minor repairs to the existing pier and ramp to make the structure safe to use while the permitting process for the replacement pier system is underway. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act 310 CMR 10.00 (WPA) and the Town of Yarmouth Wetland Protection Bylaw and Regulations (the Yarmouth Bylaw). 2.0 SITE DESCRIPTION The Site is bordered by private residential properties, with Dinahs Pond to the south, which leads to Kelleys Bay to the east and the Bass River to the south. The Bass River, which is a tidal waterbody, flows out to Nantucket Sound. On the site, a narrow salt marsh runs along the concrete and stone retaining wall and ends landward of MLW of Dinahs Pond. The shellfish habitat at this site was surveyed and the associated shellfish report is attached within this NOI application. The areas of conservation jurisdiction on the site that are protected under the WPA and the Bylaw include: • Land Under Ocean (LUO, associated with Dinahs Pond) • Land Containing Shellfish • Salt Marsh • Coastal Bank • Land Subject to Coastal Storm Flowage (LSCSF) (Zone VE Elevation 9') • 100-foot Buffer Zone to Salt Marsh and Coastal Bank 3.0 PROPOSED ACTIVITIES The applicant is proposing to replace an existing pier which is in poor condition and does not provide safe berthing depths for launching vessels or provide appropriate space and depths to dock a vessel. The current wooden pier ends at the edge of salt marsh where water depths are roughly -1 or shallower in elevation. This pier has an Interim Permit from Chapter 91 (Ch 91) and because of ownership changes and potential design changes, this pier will need a full Ch 91 license. Currently the height of the pier is blocking the growth of salt marsh grasses and does not meet the current design standards for saltwater piers located within salt marsh. Additionally, the existing low cement and stone retaining wall which is in poor condition will be replaced with a sloped stone revetment wall with associated fill to bring up the height of the areas behind the stone wall. A ramp over the wall will be installed as well to give access to the pier. The replacement pier, ramp and float system will overlap the existing location of the pier and will extend roughly 114' into Dinah's Pond from MHW (without the seasonal ramp and floats, only 94' extension into pond). The pier portion of the system will be 94' by 4’ and supported by 22 (twenty-two) 10" pilings for the pier, ramp and floats (for anchoring). The portion of the pier, 72 square feet (sf), which will be constructed over the salt marsh will roughly match the Notice of Intent 146 Mayflower Terrace Yarmouth, Massachusetts existing pier's footprint. However, the pier over the marsh will be grated and will be elevated at least 6.3' over the salt marsh. This will allow appropriate light and space for the salt marsh grasses, while also allowing passage along the intertidal zone, as required by Ch 91 and the Yarmouth Bylaw. The proposed ramp will be 3' x 20' and will connect to the proposed 8' x 24' float. These structures will be seasonal (to comply with the November 1 and April 1 removal requirements) and will be stored outside of all jurisdictional resource areas and their associated buffer zones in the off-season. The floats will have roughly 3.6' of water below them at low tide and will prove safe docking and berthing depths for a vessel, without the risk of scouring the sub- surface. Overall, impacts to the jurisdictional resource areas associated with Dinah's Pond and areas adjacent to the pond will be limited to the impacts of the 10" pilings to support the pier and ramp, and to anchor the float. Roughly 9.9 sf of impacts to LUO and Land Containing Shellfish within Dinah's Pond and 2.2 sf within salt marsh is proposed. The entire pier, ramp and float system from MHW extending into Dinahs Pond is 628 sf. The proposed replacement stone revetment will be constructed over the footprint of the existing wall, extending 100' along the edge of salt marsh and within coastal bank. The height of the stone wall will be raised by 2' compared to existing to provide additional flood protection to the property. In order to allow access over the wall, 554 sf (21 cubic yards) of fill will be placed landward of the wall and a ramp will be installed over the filled area and stone revetment to provide access to the pier. This coastal bank (from the edge of salt marsh to the top of coastal bank is within existing lawn) is not a sediment source for adjacent beaches and does not receive wave action due to the location of Dinahs Pond, which is greater than 4 miles from Nantucket Sound and any areas with regular wave action. Even during a storm event, the replacement and elevation of the wall and addition of fill is not anticipated to result in negative impacts to adjacent properties or structures from flooding or stormwater run-off. In addition the wall will not be built further seaward so no impacts to salt marsh are anticipated. All proposed work has been designed to comply with all applicable performance standards under the WPA and the Yarmouth Bylaw. By using best management practices during the removal of existing structures, construction of the pier, as well as during the seasonal installation and removal of the ramp and float, no long-term negative impacts to jurisdictional resource areas and their associated buffer zones are anticipated as a result of this project. The nature of the proposed activities will require only minor temporary disturbance, while the pier itself will result in only minor alterations to LUO, Land Containing Shellfish, and salt marsh within and adjacent to Dinahs Pond. Because the existing coastal bank is protected by the degraded concrete bulkhead no new/changes in impacts are expected from the sloped stone revetment considered a "softer" solution than a vertical bulkhead, by allowing wave run-up and slowing storm energy vs. reflecting energy like a vertical bulkhead can do. The anticipated construction sequencing for this project will likely follow the steps below: • Access to the site will be gained from the roadway off Mayflower Terrace for access to the site from the upland, while access in the water will be gained from a nearby launching point for a vessel required for the piling installation. Notice of Intent 146 Mayflower Terrace Yarmouth, Massachusetts • Roll-off containers (or appropriate containers) will be positioned in upland areas, which will be used to temporarily store construction debris. This debris will be trucked off site as needed. All construction materials will be stored outside of the resource area to the greatest extent practicable. • The property owners wish to repair the existing structure in the spring for summer use in 2025, understanding the full new Chapter 91 license will take about a year. Once the new license is issued, they will move ahead with the full replacement and expansion project. Therefore, the applicant will conduct minor and necessary repairs to the existing ramp and pier within the footprint of the existing structure. • The existing stone revetment wall will be removed and replaced in small sections to reduce the likelihood of erosion entering the salt marsh/LUO. Work will be completed from the edge of lawn using an excavator or similar machinery. • The new stone revetment will be constructed in the place of the previous wall in small sections and fill will be brought in behind the new stone revetment to final grade. Sediment controls will be installed above the wall and the area will be final graded with loam and stabilized with grass seed and topped with hay. Once the new lawn has stabilized, erosion controls will be removed. • Most of the pile installation will be conducted via barge and will be done from mid to high tide to avoid scouring. The first few sets of piles will be installed from the landward side of the wall to prevent the need for the barge to sit on or adjacent to the salt marsh. Piles are typically installed with a vibration hammer mounted to an excavator arm, with the excavator on a barge. • Following all work, the work site will be cleaned and any ruts or disturbance to vegetation will be stabilized using appropriate methods. 4.0 COMPLIANCE WITH PERFORMANCE STANDARDS UNDER THE YARMOUTH BYLAW The proposed pier and the associated plan have been designed to comply with all performance standards of the 3.01 Performance Standards for Tidal and Estuarine Docks and Piers for all portions that apply to this project and the Site, including the various design standards, material and signage requirements, public access, navigation, and recreational uses of the waterbody, setbacks to adjacent structures to the greatest extent practicable. The existing pier is not centered on the property line, however, to reduce impacts to salt marsh and to prevent encroachment on the setbacks to neighboring piers, the pier is proposed to remain in its current location. The proposed pier does extend more than 80' from the MHW line, however the proposed length is the minimal length required to provide berthing and docking depths required by the bylaw. A variance under a sperate letter will be submitted to seek a waiver from this performance standard in order to construct the pier system as proposed. For the proposed work within LUO (Section 4.01, (3)), in salt marsh (Section 4.06 (3)), Land Containing Shellfish (Section 4.08 (3)), LSCSF (Section 4.10 (3)(a)), and coastal bank (Section 4.05, (3)), the project will comply with all relevant performance standards. Specifically for Land Containing Shellfish, as living quahogs of various sizes were located within 43% of the plots (as noted in the attached shellfish survey), this project will take measures to avoid impacts to shellfish habitat to the greatest extent practicable and will coordinate directly with the Yarmouth Shellfish Constable prior to conducting piling Installation, if requested by Notice of Intent 146 Mayflower Terrace Yarmouth, Massachusetts the Shellfish Constable. Should it be deemed necessary, shellfish within the piling installation location can be removed prior to piling installation and relocated adjacent to the project site. 5.0 MITIGATION The proposed project has been designed to reduce impacts to jurisdictional resource areas and their associated buffer zones to the greatest extent practicable. All construction materials and vehicles will be staged as far from resource areas as possible. All debris and construction materials will be contained within an appropriate receptacle (roll-off containers or similar) and/or immediately removed from the Site. Sediment controls will be on hand for the removal and installation of the sloped stone revetment wall and any excavated materials not placed back into the fill area will be removed from the site and disposed of properly. Any sediment resulting from these construction activities that enter the salt marsh will be immediately removed by hand. 70°10'0"W 70°10'0"W 70°11'0"W 70°11'0"W 41°42'0"N41°42'0"NDocument Path: P:\010123100\Ecology\Mapping\mxd\146Mayflower_Locus.mxdDate Saved: 12/22/2024 11:21:45 AM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale: 146 MAYFLOWER TERRACESOUTH YARMOUTH, MA USGS Site Locus Map (Page size: 8.5 X 11) 1 inch = 1,667 feet 0 875 1,750 Feet H 1:20,000 ,SITELOCUS Service LayerCredits: Copyright:©2013 NationalGeographic Society,i-cubed 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 FLOODHAZARD AREAS Without Base Flood Elevation (BFE)Zone A, V, A99With BFE or Depth Zone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areasof 1% annual chance flood with averagedepth less than one foot or with drainageareas of less than one square mile Zone X Future Conditions 1% Annual Chance Flood Hazard Zone 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 Hazard Zone 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 basemapaccuracy standards The flood hazard information is derived directly from theauthoritative NFHL web services provided by FEMA. This mapwas exported on 12/22/2024 at 10:45 PM and does notreflect changes or amendments subsequent to this date andtime. The NFHL and effective information may change orbecome 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 approximatepoint selected by the user and does not representan authoritative property location. 1:6,000 70°10'43"W 41°42'3"N 70°10'6"W 41°41'36"N Basemap Imagery Source: USGS National Map 2023 M ID -C A P E H W Y L E G E N D D R MAYFLOWER TER 146 MAYFLOWER TERRACESOUTH YARMOUTH, MA THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Environmental Resource Map HFile Location: P:\010123100\Ecology\Mapping\mxd\146Mayflower_NHESP.mxdDate Saved: 12/22/2024 12:01:11 PM 0 125 250 Feet 1 inch = 250 feet Resource Areas Reviewed:NHESP Certified Vernal Pools; PotentialVernal Pools; NHESP Priority Habitats;NHESP Estimated Habitats; NHESPRestricted Data; Areas of CriticalEnvironmental Concern; MassDEPEelgrass Mapping Project; CZM ShellfishSuitability Areas; DMF DesignatedShelfish Growing Areas Scale: , PROJECTAREA Legend kj Certified Vernal Pools kj Potential Vernal Pools NHESP Priority Habitats NHESP Estimated Habitats Areas of Critical Environmental Concern Shellfish Suitability Areas American Oyster Bay Scallop Quahog Soft-shelled Clam 1:3,000 Proposed NOI for Pier Replacement 146 Mayflower Terrace, South Yarmouth, MA Photo 1: View of existing pier and stone/cement retaining wall along southern property edge. Salt marsh extends to the edge of the retaining wall.Looking Northeast. Photo 2:View of existing lawn above Dinahs Pond. Existing pier and retaining wall are visible in the far right of the image. Looking Southeast. Photo Page 1 Proposed NOI for Pier Replacement 146 Mayflower Terrace, South Yarmouth, MA Photo 3: View of the end of existing pier and stone/cement retaining wall along southern property edge. Salt marsh extends from the retaining wall and ends landward of MLW.Looking Northeast. Photo 4: View of stone/cement retaining wall along southern property edge and salt marsh which extends towards the property at 140 Mayflower Terrace (pier on neighboring property is visible in far left of imagine). Looking Northwest Photo Page 2 NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT & TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143 In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A. The name of the applicant is __Robert and Maureen Kelly____ B. The applicant has filed a Notice of Intent with the Yarmouth Conservation Commission, seeking permission to remove, fill, dredge or alter an Area Subject to Protection under the Wetlands Protection Act (MGL c. 131 s. 40 & Town of Yarmouth Wetland By-Law, Chapter 143). C. The address of the lot where the activity is proposed is _146 Mayflower Terrace D. Proposed work is _The proposed project involves the replacement of an existing pier, which does not reach beyond the existing salt marsh or MLW, with a new pier, ramp and float system which reaches safe berthing depths around -4 elevation. New pier system will meet all required setbacks to waterway and adjacent structures. E. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2231 ext. 1288. F. Copies of the Notice of Intent may be obtained from the applicant’s representative. Applicant’s representatives phone number __508-778-8919 G. Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 H. Person sending this notification (applicant, representative or other) Name __Hannah Raddatz, BSC Group_______________ Address _349 Route 28 Unit D_____________________ Town _West Yarmouth___ State _MA____ Zip _02673__ Telephone _508-778-8919_________________________ NOTES : • Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. • Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. • You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application. 120/ 3/ / / SILVERMAN JAMES H COTE MICHAEL J 137 MAYFLOWER TERR SOUTH YARMOUTH, MA 02664 120/ 4/ / / MOULTON PATRICK MOULTON DORI 139 MAYFLOWER TERR SOUTH YARMOUTH, MA 02664 120/ 5/ / / LILLY JASON R C/O LILLY TINA M TR 143 MAYFLOWER TERRACE SOUTH YARMOUTH, MA 02664 120/ 6/ / / TALLMAN ANNE S 147 MAYFLOWER TERR SOUTH YARMOUTH, MA 02664 120/ 8/ / / PARKER RONALD III 155 MAYFLOWER TERR SOUTH YARMOUTH, MA 02664 120/ 12/ / / DWYER THOMAS A TRS DWYER LISA G TRS 160 MAYFLOWER TERR SOUTH YARMOUTH, MA 02664 120/ 13/ / / MAJEWSKI MICHAEL 154 MAYFLOWER TERR SOUTH YARMOUTH, MA 02664 120/ 14/ / / MACHUNSKI JANET K TRS C/O KELLY ROBERT E JR TR 27 LIBRARY LN CHATHAM, MA 02633 120/ 15/ / / DININNO NICHOLAS J JR DININNO DONNA M 161 OLDE TAVERN RD LEOMINSTER, MA 01453 120/ 16/ / / BANNO JANE E 134 MAYFLOWER TERR YARMOUTH PORT, MA 02675 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:146 Mayflower Terr., Yarmouth Port, MA 02675Assessors Map 120, Lot 14______________________________________Andy Machado, Director of AssessingDecember 26, 2024 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 1.0 INTRODUCTION On September 9th, 2024, Paul Mancuso and Conor Gilbertson, Wetland Scientists of BSC Group (BSC) conducted a shellfish survey from MHW into Land Under the Ocean within Dinahs Pond at 146 Mayflower Terrace (the Site). The purpose of the survey was to evaluate shellfish habitat, shellfish species, and shellfish population density within the proposed project area. This shellfish survey accompanies a Notice of Intent application for a proposed pier, ramp, and float at the Site. 2.0 SITE DESCRIPTION The Site is located in a residential neighborhood on Dinahs Pond which connects to Kelly’s Bay and the Bass River. The property is bordered by single-family homes to the north, south, and west with Dinahs Pond to the west. Numerous existing residential piers, ramp, and float systems exist along the shore of Dinahs Pond. The proposed project involves the construction of a pier, ramp, and float system at 146 Mayflower Terrace to allow for access to the water and a place for boat docking. This portion of Dinahs Pond is recognized as suitable habitat for quahogs (Mercenaria mercenaria) and soft-shell clams (Mya arenaria). The following resource areas are located onsite: • Land Under the Ocean • Land Containing Shellfish • Land Subject to Coastal Storm Flowage (LSCSF) • Salt Marsh 3.0 SHELLFISH INVENTORY In order to evaluate existing shellfish habitat at the site, BSC conducted a shellfish survey from the Mean High Water (MHW) line (the existing bulkhead) out to into the waters of Dinahs Pond. The weather during the survey was sunny with temperatures around 74F. The survey commenced at approximately 11:00 am as low tide was approaching. In order to sample for shellfish within the project area six transects were established. Each transect was located approximately 10 feet apart, with plots located approximately 10 feet apart along each transect. Transect 1 – Located ~20 feet to the south of the existing elevated walkway. Transect 2 – Located ~10 feet to the south of the existing elevated walkway. Transect 3 – Located along center line of existing elevated walkway. Transect 4 – Located ~10 feet to the north of the existing elevated walkway. Transect 5 – Located ~20 feet to the north of the existing elevated walkway. Transect 6 – Located ~30 feet to the north of the existing elevated walkway. 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 Figure 1: Showing approximate location of Transects for the shellfish survey at 146 Mayflower Terrace in Yarmouth. “T” stands for Transect. Each excavated plot was approximately 3’ x 3’ x 3’ and was surveyed using a standard clam rake. Any shellfish uncovered during the survey were recorded and then placed back into their respective plot and buried back in the sand. Table 1 on the next page details the shellfish inventory observed in Dinahs Pond at 146 Mayflower Terrace. Quahog clams were recorded based on size. Sizes of quahogs are as follows; seed (<1.5”), littleneck (1.5” -2”), cherrystone (2”-4”), chowder (>4”). Table 1 – Shellfish Inventory Plot – Description Shellfish Substrate and Other Observations Transect 1 1: MHW Ribbed mussels Salt Marsh 2: 10’ seaward 0 Sandy 3: 20’ seaward 0 Sandy 4: 30’ seaward 0 Sandy 5: 40’ seaward 1 chowder Algae/ Muck 6: 50’ seaward 0 Algae/ Muck 7: 60’ seaward 1 cherrystone Algae/ Muck 8. 70’ seaward 1 chowder Algae/ Muck Transect 2 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 1: MHW Ribbed mussels Salt Marsh 2: 10’ seaward 0 Sandy 3: 20’ seaward 0 Sandy 4: 30’ seaward 0 Sandy 5: 40’ seaward 1 chowder, 1 cherrystone Algae/ Muck 6: 50’ seaward 0 Algae/ Muck 7: 60’ seaward 1 littleneck Algae/ Muck 8. 70’ seaward 2 chowder Algae/ Muck Transect 3 1: MHW Ribbed mussels Salt Marsh 2: 10’ seaward 0 Sandy 3: 20’ seaward 0 Sandy 4: 30’ seaward 0 Sandy 5: 40’ seaward 1 cherrystone Algae/ Muck 6: 50’ seaward 1 chowder Algae/ Muck 7: 60’ seaward 0 Algae/ Muck 8. 70’ seaward 1 chowder, 1 littleneck Algae/ Muck Transect 4 1: MHW Ribbed mussels Salt Marsh 2: 10’ seaward 0 Sandy 3: 20’ seaward 0 Sandy 4: 30’ seaward 1 littleneck Sandy 5: 40’ seaward 0 Algae/ Muck 6: 50’ seaward 1 chowder Algae/ Muck 7: 60’ seaward 1 chowder Algae/ Muck 8. 70’ seaward 0 Algae/ Muck Transect 5 1: MHW Ribbed mussels Salt Marsh 2: 10’ seaward 0 Sandy 3: 20’ seaward 0 Sandy 4: 30’ seaward 0 Sandy 5: 40’ seaward 0 Algae/ Muck 6: 50’ seaward 1 littleneck Algae/ Muck 7: 60’ seaward 1 cherrystone Algae/ Muck 8. 70’ seaward 1 chowder Algae/ Muck Transect 6 1: MHW 0 Salt Marsh 2: 10’ seaward 0 Sandy 3: 20’ seaward 0 Sandy 4: 30’ seaward 0 Sandy 5: 40’ seaward 0 Algae/ Muck 6: 50’ seaward 0 Algae/ Muck 7: 60’ seaward 1 chowder, 1 cherrystone Algae/ Muck 8. 70’ seaward 1 chowder Algae/ Muck TOTAL NUMBER OF OBSERVATION PLOTS = 48 TOTAL NUMBER OF QUAHOGS = 21 TOTAL NUMBER OF SOFT-SHELL CLAMS = 0 TOTAL NUMBER OF RAZOR CLAMS= 0 TOTAL NUMBER OF BAY SCALLOPS = 0 TOTAL NUMBER OF OYSTERS = 0 The shellfish survey indicated this area within Dinahs Pond is suitable habitat for quahogs. No living soft-shell clams were observed throughout the survey; however, a few deceased individuals (shells) were observed. On 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 all transects, plot 1 was located within existing salt marsh and was therefore not excavated. Healthy populations of ribbed mussels and fiddler crabs were observed growing within the salt marsh. Shellfish were found within 17 of the 40 (43%) excavated plots. In total, 21 quahogs were uncovered during the survey. Sediments in the area were sandy closer to shore within about 30’ of the salt marsh, and beyond that a thick layer of algae covered softer mucky sediment. Most of the quahogs were found beyond the sandy sediment and growing in the softer mucky sediments. Other species noted within the shellfish survey area include blue crab, spider crab, and minnows. 4.0 TEMPORARY IMPACTS The proposed work includes construction of a pier, ramp, and float out into the waters of Dinahs Pond. This work will only have minor impacts to the intertidal area, Land Under Ocean, and Land Containing Shellfish. To minimize impacts to shellfish, the project will adhere to any time-of-year restrictions recommended by DMF. Specifically, the work could occur during the fall/winter/early spring months when shellfish life cycle activity is reduced. During the winter, shellfish live at increased depths in the tidal bottom with reduced metabolism. This would reduce potential impacts to shellfish compared to performing the work during the summer. The pile driving will occur at high tide to prevent the barge from resting on the sediment surface. 5.0 SUMMARY BSC’s shellfish survey identified the following: ▪ 21 Quahogs (Mercenaria mercenaria), 0 soft-shell clams (mya arenaria) were found within the 40 excavated shellfish plots. ▪ Quahogs were mostly found 40’ and beyond from the salt marsh growing in the softer mucky sediments compared to the sandy sediments found closer to shore.