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HomeMy WebLinkAboutNOI (updated) 3.17.2025 Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 104 River Street, South Yarmouth Notice of Intent Application Replace and Elevate Existing Bulkhead Town of Yarmouth Conservation Commission March 2025 Prepared for: William A. Hearn Curragh Dobbin, Inc. PO Box 146644 Boston, MA 02114 BSC Job #50713.03 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 MARCH 5, 2025 www.bscgroup.com Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Attn: Brittany DiRienzo, Conservation Administrator RE: Notice of Intent Application, Replacement and Elevation of Existing Coastal Bulkhead, 104 River Street, South Yarmouth, MA, BSC Job #50713.03 Dear Yarmouth Conservation Commissioners, BSC Group, Inc. (BSC) is pleased to submit this Notice of Intent (NOI) Application on behalf of William Hearn (the Applicant), for the property located at 104 River Street, South Yarmouth, MA (the Site). The proposed project involves the replacement and elevation (in height) of an existing coastal wooden retaining wall with fill and associated ramp to access the permitted pier along the Bass River. The purpose of raising the height of the coastal retaining wall is to combat increasing coastal flooding and to address degradation of the existing structure. Additionally, the existing deck is to be replaced with a roof overhead. 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: William A. Hearn, Curragh Dobbin, Inc., PO Box 146644, Boston, MA 02114 Massachusetts DEP SERO, 20 Riverside Dr, Lakeville, MA 02347 Division of Marine Fisheries – Southeast Station, Attn Environmnetal Reviewer, 836 South Rodney French Blvd, New Bedford, MA 02744 Town of Yarmouth Waterways/Shellfish Advisory Committee Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 TABLE OF CONTENTS Item Attachment Yarmouth Application Forms 1 Notice of Intent Form 2 Project Description 3 USGS Site Locus Map 4 FEMA Map 5 NHESP Priority & Estimated Habitat Map 6 Site Photographs 7 Abutter Information 8 Shellfish Survey, March 2024 9 Site Plans 10 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): 104 River Street a. Street Address Yarmouth b. City/Town 02664 c. Zip Code Latitude and Longitude: 41.654058 d. Latitude -70.196837 e. Longitude 43 f. Assessors Map/Plat Number 44 g. Parcel /Lot Number 2. Applicant: William a. First Name Hearn b. Last Name Curragh Dobbin, Inc. c. Organization PO Box 146644 d. Street Address Boston e. City/Town MA f. State 02114 g. Zip Code h. Phone Number i. Fax Number bill@curraghdobbin.com j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner a. First Name b. Last Name River Street Nominee Trust c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Hannah a. First Name Raddatz b. Last Name BSC Group, Inc c. Company 349 Route 28 Unit D d. Street Address West 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): $481.00 a. Total Fee Paid $228.00 b. State Fee Paid $253.00 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 the replacement and elevation (in height) of an existing coastal wooden retaining wall with fill and associated ramp to access the permitted pier along the Bass River. The purpose of raising the height of the coastal retaining wall is to combat increasing coastal flooding and to address degradation of the existing structure. 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 230745 b. Certificate # (if registered land) c. Book d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 12/4/2023 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area Bass River 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: 8,404 square feet 4. Proposed alteration of the Riverfront Area: 1,815 sf a. total square feet 1,815 sf b. square feet within 100 ft. 0 c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 12/4/2023 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 79 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 1,815 sf 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 2025 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 3/5/2025 d. Final Revision Date Varies, 1" = 20' and 1" = 8' 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: 1548 2. Municipal Check Number 2/3/25 3. Check date 1549 4. State Check Number 2/3/25 5. Check date William 6. Payor name on check: First Name Hearn 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: 104 River Street a. Street Address Yarmouth b. City/Town 1548 c. Check number $228.00 d. Fee amount 2. Applicant Mailing Address: William a. First Name Hearn b. Last Name Curragh Dobbin, Inc c. Organization PO Box 146644 d. Mailing Address Boston e. City/Town MA f. State 02114 g. Zip Code h. Phone Number i. Fax Number bill@curraghdobbin.com j. Email Address 3. Property Owner (if different): a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. Notice of Intent 104 River Street Yarmouth, Massachusetts PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project at 104 River Street in South Yarmouth, MA (the Site) involves replacement of an existing coastal wooden revetment and to raise the height of the replacement structure by approximately 2.5’ to combat increasing flooding, with associated fill and access ramp over filled area to provide access to the permitted pier (SE83-2429) (the Project). Additionally, the existing deck will be replaced in the same footprint and will have a roof overhead. Lastly, a 4’ wide pervious shell path is proposed from the street to the pier and to the covered deck . This application is being submitted in accordance with the Town of Yarmouth Wetlands Protection Bylaw (the Yarmouth Bylaw) and Massachusetts Wetlands Protection Act and associated regulations (the WPA). 2.0 SITE DESCRIPTION The property located at 104 River Street in South Yarmouth, is bordered by private residences to the north, south, and west and the Bass River to the east. The lot is currently developed with an existing deck and maintained lawn, shrub lined areas adjacent to the northeastern property edge, and some mature trees. The jurisdictional wetland resource areas that are protected under the Yarmouth Bylaw and the WPA include: • Land Under Ocean (LUO) • Land Containing Shellfish • Bass River, Riverfront Area (RFA) • Coastal Bank • Land Subject to Coastal Storm Flowage (LSCSF) FEMA Flood Zone AE (elevation 11) and VE (elevation 13) 3.0 PROPOSED ACTIVITIES The applicant is proposing to replace the existing wooden coastal revetment, which is in poor condition and is experiencing erosion behind the wall, with a 3 inch by 10 inch T&G sheeting coastal revetment which will span 79 lf across the eastern property limit. The wall will tie into the existing revetments on the northern and southern properties in a similar manner to existing conditions to avoid any impacts to these properties and their structures. The replacement revetment will be anchored by tie rod system, placed 10 feet on center (OC) for the length of the wall. The existing tie rod system will be abandoned in place to reduce excavation, as the old tie rods are deeper than the proposed tie rods. Seven 10-inch pilings will be installed along the seaward edge of the new wall. The top of the proposed bulkhead is 2.5’ higher than existing. This is proposed to combat increasing flooding during storm events which has caused erosion behind the existing structure. This increase in elevation will require 70 cy of fill behind the revetment to raise the elevation of the land behind the wall to allow for the installation of tie rods and to allow for safe access to the revetment and permitted pier. This fill will also allow for a gentler slope, which will assist in the prevention of erosion, by slowing stormwater flow. This work can be considered as maintenance as the proposed bulkhead will be located within the footprint of the existing bulkhead. The proposed work is necessary to prevent failure of the existing structure, which would jeopardize the stability of the Site as well as the properties to the north and south, potentially lead to significant erosion of Coastal Bank and RFA and property damage. The purpose of this work is to protect the property from coastal flood damage, which has been increasing over recent years. Please see photo pages for photos of flood waters overtopping the existing bulkhead. The abutting properties also have bulkheads, however no impacts are anticipated off site as the result of the proposed work on the revetment, as the connection between the walls will not be altered as the result of the work. The increased height of the revetment will also not result in an Notice of Intent 104 River Street Yarmouth, Massachusetts alteration to wave reflection, as the orientation of the wall will remain the same. It should be noted that there are no areas of vegetated salt marsh located on or adjacent to work area. Additionally, there is no mapped eelgrass located adjacent to the structure or within 400 feet of the property. Also included in this application is the shellfish survey report that was completed in spring of 2024, which found that the Site hosted relatively low populations of Quahog, Oyster, and Soft-Shelled clams between Mean High Water (MHW) and 50’ seaward. Only a few shellfish were found between MHW and 10’ seaward, therefore it is unlikely that the proposed work will impact shellfish populations during construction. For more information, please refer to the associated Site Plans. All proposed work listed will occur within existing developed areas and within the footprint of existing structure. In addition, all proposed work has been designed to comply with all applicable performance standards under the WPA and the Yarmouth Bylaw. As the proposed activities will not significantly alter the existing conditions of the coastal bank, which the structure is built on top of, the RFA to the Bass River, or the buffer zone to adjacent resource areas, it is not anticipated that these activities will negatively impact jurisdictional resource areas and their associated buffer zones. A majority of the existing Site is vegetated with grasses, however there are 12 trees that are proposed to be removed to install the tie rods for the replacement bulkhead. On the north side of the property there are four oak trees and one cedar tree that are proposed to be removed. Two oak trees are 5” DBH, one oak tree is 4” DBH, one oak tree is 2” BDH, and 1 cedar tree Is 4” DBH.These trees will be replaced in kind; four oaks and one cedar will be replanted on the north side. On the south side of the property, four oak trees and three pine trees are proposed to be removed to install the tie rods. One oak tree is 12” DBH, one oak tree is 9” DBH, one oak tree is 6” DBH, one oak tree is 2” DBH, one pine tree is 9” DBH, and two pine trees are 6” DBH. The applicant is proposing to restore this area with native shrubs at a ratio of 3 shrubs per tree removed for a total of 21 shrubs. Six beach plum and 15 northern bayberry are proposed to replace the seven trees on the south side. Additionally, the applicant is also proposing to plant a 10’ wide strip (750 sf) of native shrubs adjacent to the new bulkhead, with a 4’ wide pervious shell path to the existing dock and deck. All proposed plants are native and can tolerate direct coastal exposure. The table below details the proposed plants, and planting locations are shown on the plan. Common Name Scientific Name Spacing Quantity Area (sf) Eastern red cedar Juniperus virginiana 8’ OC 1 - Black oak Quercus velutina 25’ OC 4 - Beach plum Prunus maritima 5’ OC 6 - Northern bayberry Myrica pensylvanica 4’ OC 15 - Virginia rose Rosa Vriginiana 3’ OC 30 250 Sweet fern Comptonia peregrina 2’ OC 36 200 Creeping juniper Juniperus horizontalis 3’ OC 30 250 Bearberry Arctostaphylos uvaursi 1’ OC 100 100 The anticipated construction sequencing for this project will likely follow the steps below: • Access to the site will be gained from the River Street roadway or via water along the Bass River during hightide • Should there be a need, sediment controls including silt fence, haybales/hay wattles, and/or silt curtains will be on hand. • Roll-off containers (or appropriate containers) will be positioned in driveway/lawn areas, which will be used to temporarily store construction debris. These debris will be trucked off site daily or as needed. Notice of Intent 104 River Street Yarmouth, Massachusetts • Various construction machinery, which may include a skid steer, backhoe, crane, and dump trucks will be employed to bring in stone for the revetment work, materials for the retaining wall, and sand fill. • Following the completion of construction activities, restoration of all disturbed areas on the site will take place. Any rutting will be buffed and/or filled with clean sand/soil and salt tolerant grass seed will be spread and mitigation plants will be planted (see planting table in mitigation section 7.0) In addition to replacing and elevating the bulkhead, the applicant is proposing to replace the existing deck at the Site, with a covered deck. The existing deck will need to be removed to install the tie rods for the new bulkhead. Once the bulkhead is installed, the new covered deck will be constructed in the same footprint as the existing deck. A foot path already exists leading from the road to the deck. The applicant is proposing to convert the existing dirt foot path to a pervious shell path and the path will lead from the road to the deck and the approved ramp. In total there are 0 sf of new proposed structures on Site; the bulkhead and covered deck are proposed within the same footprint as existing structures. Approximately 550 sf of temporary impacts will occur due to excavation to install the tie-backs for the new bulkhead. The proposed pervious shell walkway will overlap with the existing footpath on Site, however it will be expanded slightly (100 sf) to add a path to the approved ramp. To bring up the elevation of the bulkhead, approximately 70 CY of fill will be placed on Site over an area of 1,165 sf directly behind the wall. After the placement of fill, a 10’ wide strip will be planted with native shrubs as detailed in the table above. Four of the trees that will be removed will be replaced in kind, and the seven other trees proposed to be removed will be replaced at a ratio of 3:1 with native shrubs (bayberry and beach plum). In total, the mitigation planting areas cover 1,100 sf. 4.0 ALTERNATIVES ANALYSIS No Build Scenario: In this scenario the applicant would leave the existing bulkhead as is. This scenario is not desirable because the existing bulkhead is getting old, and the integrity of the structure is compromised. If left alone, the bulkhead could fail and cause significant erosion of the coastal bank at the Site and at the neighboring properties. Additionally, the land directly behind the bulkhead has experienced erosion due to recent flooding events at the Site. With sea level rise, the frequency of flooding events at this site will likely increase over time. This may lead to more frequent erosion events which could undermine the existing bulkhead and cause it to fail sooner. Replace in Kind Scenario: In this scenario, the bulkhead will be replaced in the same footprint and elevation as the existing bulkhead. As mentioned above, the land directly behind the bulkhead has experienced erosion due to recent flooding events at the Site. With sea level ris e, the frequency of flooding events at this site will likely increase over time. This may lead to more frequent erosion events which could undermine the existing bulkhead and cause it to fail sooner. Replace and Elevate Bulkhead Scenario: This is the proposed scenario where the old bulkhead is replaced and elevated by 2.5’ to an elevation of 6.5’. The increase in bulkhead elevation by 2.5’ feet will reduce the likelihood of flooding events overtopping the bulkhead and therefore reducing t he chances of flooding events causing erosion behind the structure. Notice of Intent 104 River Street Yarmouth, Massachusetts 5.0 COMPLIANCE WITH YARMOUTH PERFORMANCE STANDARDS Town of Yarmouth Wetland Protection Regulations 4.05 Coastal Banks: Any activity that is allowed on a coastal bank shall comply with the following provisions: (a) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on a coastal bank that provides significant sediment to an adjacent or downdrift coastal beach; except that such a coastal engineering structure shall be p ermitted when required to prevent storm damage to buildings constructed prior to August 10, 1978, including re-construction of such buildings subsequent to the effective date of these regulations, provided that the following requirements are met… This project does not include a new bulkhead. This project is for a replacement bulkhead. Therefore, this performance standard is complied with. (b) Any project on a coastal bank or within 100 feet of the top of a coastal bank, other than a structure permitted under section 4.05, (3), (a), shall not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action or flooding, and shall not have an adverse effect on the stability of a coastal bank. The proposed project will not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beached or land subject to tidal action or flooding. The existing coastal bank has a bulkhead and replacement of the bulkh ead will not cause any adverse effects to movement of sediment. 4.10 Land Subject to Coastal Storm Flowage 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; i. reducing the ability of the land to buffer more inland areas from flooding and wave damage; ii. 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. iii. 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; iv. causing, or creating the likelihood of, damage to other structures on land within the flood plain as debris (collateral damage); v. causing ground, surface or saltate pollution triggered by coastal storm flowage; 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. vii. prevention of the migration of resource areas such as salt marshes due to sea level rise. Notice of Intent 104 River Street Yarmouth, Massachusetts 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 planti ngs, or by restoring or creating other wetland resource areas. Where a previously developed coastal Resource Area has not been regulated under the applicable performance standards to protect the interests of flood control and storm damage prevention, the proposed work shall restore those interests 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. x. All groundwater elevations shall incorporate seasonable adjustments if test holes and or leaching components are 100 feet or closer from major estuaries. xi. Any proposed deck, shed, or other similar structure must be securely anchored to a footing or foundation. xii. Any activity shall preserve existing soils, vegetation, and other natural conditions that serve as buffers to coastal flooding and storm surges. The proposed project does meet the above-mentioned performance standards and will not have adverse effects on the interests protected by the bylaw. The proposed project is to replace an existing bulkhead within the same footprint. (b) Additional Performance Standards within the V Zone Within the V Zone, in addition to the general performance standards set forth in Section 4.10, (3)(a), the following additional performance standards shall apply: i. No new construction or footprint expansion of any building or other structure, road, impervious surface, or septic system shall be permitted. ii. No new construction or expansion of any structure that redirects or channelizes floods including retaining walls, fences, and sea walls shall be permitted. iii. With respect to any building or other structure, in the event of any substantial repair of the foundation, any substantial improvement (as defined in the state building code), the entire building or structure shall be elevated at least two (2) feet above the BFE. iv. The use of fill is prohibited except for bank, dune, or beach nourishment/restoration The proposed project meets the above-mentioned performance standards for work within the V zone. Project involves no new construction, just replacing an existing bulkhead. Only fill proposed in this project is for bank nourishment to support the replacement elevated bulkhead. c) Additional Performance Standards within the MoWA Within the MoWA, in addition to the general performance standards set forth in Section 4.10 (3)(a), the following additional performance standards shall apply: i. The new construction and footprint expansion of any building or other structure, road, impervious surface, or septic system shall be permitted, subject to the other provisions of the Bylaw and Regulations, provided that any building or occupied structure shall be elevated at least two (2) feet above the BFE. ii. No new construction or expansion of any structure that redirects or channelizes floods including retaining walls, fences, and sea walls shall be permitted. iii. With respect to any building or other structure, in the event of any substantial repair of the foundation, any substantial improvement, the entire building or structure shall be elevated at least two (2) feet above the BFE. The proposed project meets the above-mentioned performance standards for work within the MoWA. No new construction is proposed as part of this project, just a replacement bulkhead. Notice of Intent 104 River Street Yarmouth, Massachusetts 6.0 COMPLIANCE WITH WPA PERFORMANCE STANDARDS 310 CMR 10.30 Coastal Bank WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OR FLOOD CONTROL BECAUSE IT SUPPLIES SEDIMENT TO COASTAL BEACHES, COASTAL DUNES OR BARRIER BEACHES, 310 CMR 10.30(3) THROUGH (5) SHALL APPLY: The coastal bank at the Site exists as a bulkhead and does not supply sediment to coastal beaches, coastal dunes, or barrier beaches so performance standards 3 through 5 do not apply to this project. WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OR FLOOD CONTROL BECAUSE IT IS A VERTICAL BUFFER TO STORM WATERS, 310 CMR 10.30(6) THROUGH (8) SHALL APPLY: (6) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall have no adverse effects on the stability of the coastal bank. The proposed project is to replace an existing old bulkhead with a new bulkhead 2.5’ higher than existing. This project will enhance the stability of the coastal bank. Therefore, this performance standard is complied with. (7) Bulkheads, revetments, seawalls, groins or other coastal engineering structures may be permitted on such a coastal bank except when such bank is significant to storm damage prevention or flood control because it supplies sediment to coastal beaches, coastal dunes, and barrier beaches. The existing coastal bank is a bulkhead and does not supply sediment to coastal beaches, coastal dunes, and/or barrier beaches because it already exists as a vertical bulkhead. Therefore, this performance standard does not apply. (8) Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. The proposed project Site is not within mapped NHESP priority or estimated habitat areas so this performance standard does not apply. 310 CMR 10.58 Riverfront Area: The entire Site is located within RFA. The bulkhead will need a Chapter 91 license, and as such the project is exempt from RFA standards. The only work within the Riverfront Area is temporary disturbance to install tie rods and bring in fill to bring the grade up to the bulkhead elevation. Once this work is complete, the entire disturbed area will be seeded with a native coastal salt tolerant grass mix and planted with native salt tolerant shrubs. There are no permanent impacts to RFA and no new impervious surface on Site. 7.0 MITIGATION The proposed project has been designed to reduce impacts to jurisdictional resource areas and their associated buffer zones to the greatest extent practicable. Although it is not anticipated that sediment control will be needed, hay wattles, hay bales, silt curtains and/or silt fence can be made Notice of Intent 104 River Street Yarmouth, Massachusetts available during construction. All construction materials 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. To mitigate for project impacts including the removal of 12 trees, the applicant is proposing to plant native coastal salt tolerant vegetation within the disturbed areas. On the north side of the property there are four oak trees and one cedar tree that are proposed to be removed. These trees will be replaced in kind; four oaks and one cedar will be replanted on the north side. On the south side of the property, seven more trees are proposed to be removed to install the tie rods. The applicant is proposing to restore this area with native shrubs at a ratio of 3 shrubs per tree removed f or a total of 21 shrubs. Six beach plum and 15 northern bayberry are proposed to replace the seven trees on the south side. Additionally, the applicant is also proposing to plant a 10’ wide strip (750 sf) of native shrubs adjacent to the new bulkhead, with a pervious shell path to the deck and ramp. The table below details the proposed plants and planting locations are shown on the plan. Common Name Scientific Name Spacing Quantity Area (sf) Eastern red cedar Juniperus virginiana 8’ OC 1 - Black oak Quercus velutina 25’ OC 4 - Beach plum Prunus maritima 5’ OC 6 - Northern bayberry Myrica pensylvanica 4’ OC 15 - Virginia rose Rosa Vriginiana 3’ OC 30 250 Sweet fern Comptonia peregrina 2’ OC 36 200 Creeping juniper Juniperus horizontalis 3’ OC 30 250 Bearberry Arctostaphylos uvaursi 1’ OC 100 100 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 Cat 5: Coastal Retaining Wall 1 $4 x 79lf $316.00 Cat 1(a): Fill placed behind Wall 1 $110.00 $110.00 RFA Multi $165.00 Bylaw Fee (Cat 1) $100.00 Bylaw Fee (Cat 5, $2 per lf) $158.00 Legal Ad Fee $10.00 Step 5/Total Project Fee: $481.00 Step 6/Fee Payments: Total Project Fee: $481.00 a. Total Fee from Step 5 State share of filing Fee: $228.00 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $253.00 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.) Copyright:© 2013 National Geographic Society, i-cubed 70°11'0"W 70°11'0"W 70°12'0"W 70°12'0"W 41°40'0"N41°40'0"N41°39'0"N41°39'0"NDocument Path: P:\5071302\Environmental\GIS\pdf\Locus_Map.mxdDate Saved: 2/20/2024 6:55:36 PM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013National GeographicSociety, i-cubed104 RIVER STSOUTH YARMOUTH, MA Locus Map(Page size: 8.5 X 11) 1 inch = 1,667 feet 0 870 1,740 Feet H 1:20,000 ,SITELOCUS 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 10/15/2024 at 9:59 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°12'8"W 41°39'28"N 70°11'30"W 41°39'1"N Basemap Imagery Source: USGS National Map 2023 YARMOUTH DENNIS Document Path: P:\5071302\Environmental\GIS\pdf\NHESP_Map.mxdDate Saved: 2/20/2024 6:58:14 PM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:Source: 2013National GeographicSociety, i-cubed104 RIVER STSOUTH YARMOUTH, MA NHE SP Ma p (Page size: 8.5 X 11) 1 inch = 250 feet 0 130 260 Feet H 1:3,000 , PROJECTAREA Sources: Esri, HERE, Garmin,Intermap, increment P Corp.,GEBCO, USGS, FAO, NPS,NRCAN, GeoBase, IGN, Legend Town Boun dary kj Ce rtified Ver nal Pools kj Pot ential Vern al Pools NHESP Prior ity Habitats NHESP Estimat ed Habitats Areas of Critical Environmental Concern Photo 1: View of the property at 104 River Street, facing the Bass River. The platform with bench located above the wooden revetment is visible in the left-center of the photo. Facing East. Photo 2: View of platform above the southern portion of the wooden revetment, facing Stage Island and West Dennis Beach beyond. Facing Southeast. Site Photographs 104 River Street South Yarmouth, MA Page 1 Photo 3: View of wooden platform and the northern portion of the revetment, looking towards the property at 96 River Street. Erosion is evident behind the wall. Facing Northeast. Photo 4: View of wooden platform and the northern portion of the revetment, looking towards the property at 96 River Street. Erosion behind the wall is evident. Facing Northeast. Site Photographs 104 River Street South Yarmouth, MA Page 2 Photo 5: View of the existing bulkhead during a flooding event. Water has overtopped the existing bulkhead and is causing erosion behind the wall. Facing Northeast. Site Photographs 104 River Street South Yarmouth, MA Page 3 Photo 6: View of the existing bulkhead during a flooding event from the existing deck. Flood waters have overtopped the existing bulkhead. Facing Northeast. Site Photographs 104 River Street South Yarmouth, MA Page 4 34/ 52/ / / FITCH DOROTHY M 96 EVERGREEN ST SOUTH YARMOUTH, MA 02664 43/ 44/ / / HEARN WILLIAM A TR RIVER STREET NOMINEE TRUST 193 HUNNEWELL ST NEEDHAM, MA 02492 43/ 5/ / / HEARN WILLIAM A TR RIVER STREET NOMINEE TRUST 193 HUNNEWELL ST NEEDHAM, MA 02492 43/ 2/ / / BASS RIVER VIEWS LLC C/O MCCARTHY DAVID TR 109 RIVER ST SOUTH YARMOUTH, MA 02664 43/ 45/ / / MCCARTHY DAVID C C/O MCCARTHY DAVID TR 109 RIVER STREET SOUTH YARMOUTH, MA 02664 43/ 6/ / / BLUM GEOFFREY G TRS DONEGAN L & MILLIS J B TRS 605 WISTERIA WAY WAYLAND , MA 01778 43/ 43/ / / HEICK ROBERT BRUCE C/O HEICK ROBERT B TR 20 AUDUBON CIR CENTERVILLE, MA 02632 Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:104 River St., South Yarmouth, MA 02664Assessors Map 43, Lot 44______________________________________Andy Machado, Director of AssessingFebruary 3, 2025 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 __William Hearn_______________ 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 __104 River Street_______________ D. Proposed work is _replacement and elevation (in height) of existing coastal retaining wall with fill landward of the proposed replacement coastal retaining wall and ramp to access permitted pier. E. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2231 ext. 1288. F. Copies of the Notice of Intent may be obtained from either the applicant or applicant’s representative. Applicant’s phone number ________________________________ Or Applicant’s representatives phone number __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. Shellfish Survey 104 River Street Yarmouth, MA 1 SHELLFISH SURVEY DESCRIPTION 1.0 INTRODUCTION On March 26th, 2024, Paul Mancuso and Conor Gilbertson, Wetland Scientists of BSC Group (BSC) conducted a shellfish survey from MHW into Land Under the Ocean within the Bass River at 104 River Street in Yarmouth (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 on the western bank of the Bass River near the mouth of the river which drains into Nantucket Sound. Single-family homes line Bass River to the north and south of the Site and also to the west. The Bass River is an estuary with numerous existing residential piers, ramp, and float systems. The proposed project involves the construction of a pier, ramp, and float system at 104 River Street to allow for access to the water and a place for boat storage. The Bass River is recognized as suitable habitat for quahogs, soft-shell clams, and bay scallops. The following resource areas are located onsite: • Coastal Bank • Land Under the Ocean • Land Containing Shellfish • Land Subject to Coastal Storm Flowage (LSCSF) 3.0 SHELLFISH INVENTORY In order to evaluate existing shellfish habitat at the site, BSC conducted a shellfish survey from the Mean Highwater (MHW) line (the wooden bulkhead) out approximately 50’. The proposed pier extends 43’ beyond MHW so the survey included areas ~7’ beyond the pier, ramp, and float system. The weather during the survey was overcast with light rain and wind with temperatures around 40F. The survey commenced at approximately low tide at 8:00 am. In order to sample for shellfish within the project area, 5 transects, located ~10 feet apart, with plots located ~10 feet apart were surveyed as follows… Transect 1 – Located ~20 feet to the south of the center line of proposed pier, ramp, and float. Extending ~50 feet seaward from MHW. Transect 2 – Located ~10 feet to the south of the center line of proposed pier, ramp, and float. Extending ~50 feet seaward from MHW. Transect 3 – Located along center line of proposed pier, ramp, and float. Extending ~50 seaward of MHW. Transect 4 – Located ~10 feet to the north of the center line of proposed pier, ramp, and float. Extending ~50 feet seaward from MHW. Transect 5 – Located ~20 feet to the north of the center line of proposed pier, ramp, and float. Extending ~50 feet seaward from MHW. Shellfish Survey 104 River Street Yarmouth, MA 2 Figure 1: Showing approximate location of Transects for the shellfish survey at 104 River Street in Yarmouth. “T” stands for Transect. Each excavated plot was approximately 3’ x 3’ x 3’ and was surveyed using a standard clam rake. All 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 the waters of Bass River adjacent to 104 River Street. 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”). Shellfish Survey 104 River Street Yarmouth, MA 3 Table 1 – 104 River Street Shellfish Inventory Plot – Description Shellfish Substrate and Other Observations Transect 1 1: MHW 2 soft-shell Sandy 2: 10’ seaward 0 Sandy 3: 20’ seaward 1 oyster Sandy 4: 30’ seaward 0 Sandy 5: 40’ seaward 1 littleneck Sandy 6: 50’ seaward 0 Sandy Transect 2 1: MHW 0 Sandy 2: 10’ seaward 0 Sandy 3: 20’ seaward 0 Sandy 4: 30’ seaward 0 Sandy 5: 40’ seaward 0 Sandy 6: 50’ seaward 1 soft-shell Sandy Transect 3 1: MHW 0 Sandy 2: 10’ seaward 2 soft-shell Sandy 3: 20’ seaward 0 Sandy 4: 30’ seaward 0 Sandy 5: 40’ seaward 1 littleneck Sandy 6: 50’ seaward 0 Sandy Transect 4 1: MHW 0 Sandy 2: 10’ seaward 0 Sandy 3: 20’ seaward 1 cherrystone Sandy 4: 30’ seaward 0 Sandy 5: 40’ seaward 1 soft-shell Sandy 6: 50’ seaward 0 Sandy Transect 5 1: MHW 1 oyster Sandy 2: 10’ seaward 0 Sandy 3: 20’ seaward 1 soft-shell Sandy 4: 30’ seaward 1 cherrystone Sandy 5: 40’ seaward 0 Sandy 6: 50’ seaward 0 Sandy TOTAL NUMBER OF OBSERVATION PLOTS = 30 TOTAL NUMBER OF QUAHOGS = 4 TOTAL NUMBER OF SOFT-SHELL CLAMS = 7 TOTAL NUMBER OF RAZOR CLAMS= 0 TOTAL NUMBER OF BAY SCALLOPS = 0 TOTAL NUMBER OF OYSTERS = 2 The shellfish survey indicated this area within the Bass River is suitable habitat for shellfish. In total, 30 plots were surveyed for the presence of shellfish. Shellfish were found within 11 of the 30 (36%) plots. Shells of deceased individuals were found within some of the plot and observed on top of the sediment. In total, 4 living quahogs, 7 soft-shell clams, and 2 oysters were observed. Also found within the shellfish survey plots were numerous slipper snails. Along the wooden bulkhead there are healthy populations of barnacles and some oysters as well . Numerous jelly fish were observed floating through the survey area. Shellfish Survey 104 River Street Yarmouth, MA 4 4.0 TEMPORARY IMPACTS The proposed work includes construction of a pier, ramp, and float out into the waters of Bass River. 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. If necessary , the shellfish can be relocated prior to the work. 5.0 SUMMARY BSC’s shellfish survey identified the following: ▪ 4 Quahogs (Mercenaria mercenaria) were found within the 30 shellfish plots surveyed. ▪ 7 Soft-shell clams (Mya arenaria) were found within the 30 plots. ▪ 2 Eastern oysters (Crossostrea virginica) were found within the 30 plots and more growing along wooden bulkhead. Photo 1: View of 104 River Street in Yarmouth; location of proposed pier, ramp, and float. Facing east Photo 2: View along existing wooden bulkhead at 104 River Street in Yarmouth.Shellfish survey was conducted in this area. Facing north Site Photographs: Shellfish Survey 104 River Street Yarmouth, MA 03/26/2024 Page 1 Photo 1: View of two soft-shell clams uncovered during the shellfish survey at 104 River Street in Yarmouth. Photo 2: View of a quahog uncovered during the shellfish survey at 104 River Street in Yarmouth. Site Photographs: Shellfish Survey 104 River Street Yarmouth, MA 03/26/2024 Page 2 Photo 1: View of an oyster uncovered during the shellfish survey at 104 River Street in Yarmouth. Photo 2: Close up view of the wooden bulkhead at 104 River Street in Yarmouth. Oysters are growing along the wooden bulkhead along with some barnacles. Site Photographs: Shellfish Survey 104 River Street Yarmouth, MA 03/26/2024 Page 3 Notice of Intent 104 River Street Yarmouth, Massachusetts PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project at 104 River Street in South Yarmouth, MA (the Site) involves replacement of an existing coastal wooden revetment and to raise the height of the replacement structure by approximately 2.5’ to combat increasing flooding, with associated fill and access ramp over filled area to provide access to the permitted pier (SE83-2429) (the Project). Additionally, the existing deck will be replaced in the same footprint and will have a roof overhead. Lastly, a 4’ wide pervious shell path is proposed from the street to the pier and to the covered deck . This application is being submitted in accordance with the Town of Yarmouth Wetlands Protection Bylaw (the Yarmouth Bylaw) and Massachusetts Wetlands Protection Act and associated regulations (the WPA). 2.0 SITE DESCRIPTION The property located at 104 River Street in South Yarmouth, is bordered by private residences to the north, south, and west and the Bass River to the east. The lot is currently developed with an existing deck and maintained lawn, shrub lined areas adjacent to the northeastern property edge, and some mature trees. The jurisdictional wetland resource areas that are protected under the Yarmouth Bylaw and the WPA include: • Land Under Ocean (LUO) • Land Containing Shellfish • Bass River, Riverfront Area (RFA) • Coastal Bank • Land Subject to Coastal Storm Flowage (LSCSF) FEMA Flood Zone AE (elevation 11) and VE (elevation 13) 3.0 PROPOSED ACTIVITIES The applicant is proposing to replace the existing wooden coastal revetment, which is in poor condition and is experiencing erosion behind the wall, with a 3 inch by 10 inch T&G sheeting coastal revetment which will span 79 lf across the eastern property limit. The wall will tie into the existing revetments on the northern and southern properties in a similar manner to existing conditions to avoid any impacts to these properties and their structures. The replacement revetment will be anchored by tie rod system, placed 10 feet on center (OC) for the length of the wall. The existing tie rod system will be abandoned in place to reduce excavation, as the old tie rods are deeper than the proposed tie rods. Seven 10-inch pilings will be installed along the seaward edge of the new wall. The top of the proposed bulkhead is 2.5’ higher than existing. This is proposed to combat increasing flooding during storm events which has caused erosion behind the existing structure. This increase in elevation will require 70 cy of fill behind the revetment to raise the elevation of the land behind the wall to allow for the installation of tie rods and to allow for safe access to the revetment and permitted pier. This fill will also allow for a gentler slope, which will assist in the prevention of erosion, by slowing stormwater flow. This work can be considered as maintenance as the proposed bulkhead will be located within the footprint of the existing bulkhead. The proposed work is necessary to prevent failure of the existing structure, which would jeopardize the stability of the Site as well as the properties to the north and south, potentially lead to significant erosion of Coastal Bank and RFA and property damage. The purpose of this work is to protect the property from coastal flood damage, which has been increasing over recent years. Please see photo pages for photos of flood waters overtopping the existing bulkhead. The abutting properties also have bulkheads, however no impacts are anticipated off site as the result of the proposed work on the revetment, as the connection between the walls will not be altered as the result of the work. The increased height of the revetment will also not result in an Notice of Intent 104 River Street Yarmouth, Massachusetts alteration to wave reflection, as the orientation of the wall will remain the same. It should be noted that there are no areas of vegetated salt marsh located on or adjacent to work area. Additionally, there is no mapped eelgrass located adjacent to the structure or within 400 feet of the property. Also included in this application is the shellfish survey report that was completed in spring of 2024, which found that the Site hosted relatively low populations of Quahog, Oyster, and Soft-Shelled clams between Mean High Water (MHW) and 50’ seaward. Only a few shellfish were found between MHW and 10’ seaward, therefore it is unlikely that the proposed work will impact shellfish populations during construction. For more information, please refer to the associated Site Plans. All proposed work listed will occur within existing developed areas and within the footprint of existing structure. In addition, all proposed work has been designed to comply with all applicable performance standards under the WPA and the Yarmouth Bylaw. As the proposed activities will not significantly alter the existing conditions of the coastal bank, which the structure is built on top of, the RFA to the Bass River, or the buffer zone to adjacent resource areas, it is not anticipated that these activities will negatively impact jurisdictional resource areas and their associated buffer zones. A majority of the existing Site is vegetated with grasses, however there are 12 trees that are proposed to be removed to install the tie rods for the replacement bulkhead. On the north side of the property there are four oak trees and one cedar tree that are proposed to be removed. Two oak trees are 5” DBH, one oak tree is 4” DBH, one oak tree is 2” BDH, and 1 cedar tree Is 4” DBH.These trees will be replaced in kind; four oaks and one cedar will be replanted on the north side. On the south side of the property, four oak trees and three pine trees are proposed to be removed to install the tie rods. One oak tree is 12” DBH, one oak tree is 9” DBH, one oak tree is 6” DBH, one oak tree is 2” DBH, one pine tree is 9” DBH, and two pine trees are 6” DBH. The applicant is proposing to restore this area with native shrubs at a ratio of 3 shrubs per tree removed for a total of 21 shrubs. Six beach plum and 15 northern bayberry are proposed to replace the seven trees on the south side. Additionally, the applicant is also proposing to plant a 10’ wide strip (750 sf) of native shrubs adjacent to the new bulkhead, with a 4’ wide pervious shell path to the existing dock and deck. All proposed plants are native and can tolerate direct coastal exposure. The table below details the proposed plants, and planting locations are shown on the plan. Common Name Scientific Name Spacing Quantity Area (sf) Eastern red cedar Juniperus virginiana 8’ OC 1 - Black oak Quercus velutina 25’ OC 4 - Beach plum Prunus maritima 5’ OC 6 - Northern bayberry Myrica pensylvanica 4’ OC 15 - Virginia rose Rosa Vriginiana 3’ OC 30 250 Sweet fern Comptonia peregrina 2’ OC 36 200 Creeping juniper Juniperus horizontalis 3’ OC 30 250 Bearberry Arctostaphylos uvaursi 1’ OC 100 100 The anticipated construction sequencing for this project will likely follow the steps below: • Access to the site will be gained from the River Street roadway or via water along the Bass River during hightide • Should there be a need, sediment controls including silt fence, haybales/hay wattles, and/or silt curtains will be on hand. • Roll-off containers (or appropriate containers) will be positioned in driveway/lawn areas, which will be used to temporarily store construction debris. These debris will be trucked off site daily or as needed. Notice of Intent 104 River Street Yarmouth, Massachusetts • Various construction machinery, which may include a skid steer, backhoe, crane, and dump trucks will be employed to bring in stone for the revetment work, materials for the retaining wall, and sand fill. • Following the completion of construction activities, restoration of all disturbed areas on the site will take place. Any rutting will be buffed and/or filled with clean sand/soil and salt tolerant grass seed will be spread and mitigation plants will be planted (see planting table in mitigation section 7.0) In addition to replacing and elevating the bulkhead, the applicant is proposing to replace the existing deck at the Site, with a covered deck. The existing deck will need to be removed to install the tie rods for the new bulkhead. Once the bulkhead is installed, the new covered deck will be constructed in the same footprint as the existing deck. A foot path already exists leading from the road to the deck. The applicant is proposing to convert the existing dirt foot path to a pervious shell path and the path will lead from the road to the deck and the approved ramp. In total there are 0 sf of new proposed structures on Site; the bulkhead and covered deck are proposed within the same footprint as existing structures. Approximately 550 sf of temporary impacts will occur due to excavation to install the tie-backs for the new bulkhead. The proposed pervious shell walkway will overlap with the existing footpath on Site, however it will be expanded slightly (100 sf) to add a path to the approved ramp. To bring up the elevation of the bulkhead, approximately 70 CY of fill will be placed on Site over an area of 1,165 sf directly behind the wall. After the placement of fill, a 10’ wide strip will be planted with native shrubs as detailed in the table above. Four of the trees that will be removed will be replaced in kind, and the seven other trees proposed to be removed will be replaced at a ratio of 3:1 with native shrubs (bayberry and beach plum). In total, the mitigation planting areas cover 1,100 sf. 4.0 ALTERNATIVES ANALYSIS No Build Scenario: In this scenario the applicant would leave the existing bulkhead as is. This scenario is not desirable because the existing bulkhead is getting old, and the integrity of the structure is compromised. If left alone, the bulkhead could fail and cause significant erosion of the coastal bank at the Site and at the neighboring properties. Additionally, the land directly behind the bulkhead has experienced erosion due to recent flooding events at the Site. With sea level rise, the frequency of flooding events at this site will likely increase over time. This may lead to more frequent erosion events which could undermine the existing bulkhead and cause it to fail sooner. Replace in Kind Scenario: In this scenario, the bulkhead will be replaced in the same footprint and elevation as the existing bulkhead. As mentioned above, the land directly behind the bulkhead has experienced erosion due to recent flooding events at the Site. With sea level ris e, the frequency of flooding events at this site will likely increase over time. This may lead to more frequent erosion events which could undermine the existing bulkhead and cause it to fail sooner. Replace and Elevate Bulkhead Scenario: This is the proposed scenario where the old bulkhead is replaced and elevated by 2.5’ to an elevation of 6.5’. The increase in bulkhead elevation by 2.5’ feet will reduce the likelihood of flooding events overtopping the bulkhead and therefore reducing t he chances of flooding events causing erosion behind the structure. Notice of Intent 104 River Street Yarmouth, Massachusetts 5.0 COMPLIANCE WITH YARMOUTH PERFORMANCE STANDARDS Town of Yarmouth Wetland Protection Regulations 4.05 Coastal Banks: Any activity that is allowed on a coastal bank shall comply with the following provisions: (a) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on a coastal bank that provides significant sediment to an adjacent or downdrift coastal beach; except that such a coastal engineering structure shall be p ermitted when required to prevent storm damage to buildings constructed prior to August 10, 1978, including re-construction of such buildings subsequent to the effective date of these regulations, provided that the following requirements are met… This project does not include a new bulkhead. This project is for a replacement bulkhead. Therefore, this performance standard is complied with. (b) Any project on a coastal bank or within 100 feet of the top of a coastal bank, other than a structure permitted under section 4.05, (3), (a), shall not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action or flooding, and shall not have an adverse effect on the stability of a coastal bank. The proposed project will not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beached or land subject to tidal action or flooding. The existing coastal bank has a bulkhead and replacement of the bulkh ead will not cause any adverse effects to movement of sediment. 4.10 Land Subject to Coastal Storm Flowage 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; i. reducing the ability of the land to buffer more inland areas from flooding and wave damage; ii. 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. iii. 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; iv. causing, or creating the likelihood of, damage to other structures on land within the flood plain as debris (collateral damage); v. causing ground, surface or saltate pollution triggered by coastal storm flowage; 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. vii. prevention of the migration of resource areas such as salt marshes due to sea level rise. Notice of Intent 104 River Street Yarmouth, Massachusetts 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 planti ngs, or by restoring or creating other wetland resource areas. Where a previously developed coastal Resource Area has not been regulated under the applicable performance standards to protect the interests of flood control and storm damage prevention, the proposed work shall restore those interests 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. x. All groundwater elevations shall incorporate seasonable adjustments if test holes and or leaching components are 100 feet or closer from major estuaries. xi. Any proposed deck, shed, or other similar structure must be securely anchored to a footing or foundation. xii. Any activity shall preserve existing soils, vegetation, and other natural conditions that serve as buffers to coastal flooding and storm surges. The proposed project does meet the above-mentioned performance standards and will not have adverse effects on the interests protected by the bylaw. The proposed project is to replace an existing bulkhead within the same footprint. (b) Additional Performance Standards within the V Zone Within the V Zone, in addition to the general performance standards set forth in Section 4.10, (3)(a), the following additional performance standards shall apply: i. No new construction or footprint expansion of any building or other structure, road, impervious surface, or septic system shall be permitted. ii. No new construction or expansion of any structure that redirects or channelizes floods including retaining walls, fences, and sea walls shall be permitted. iii. With respect to any building or other structure, in the event of any substantial repair of the foundation, any substantial improvement (as defined in the state building code), the entire building or structure shall be elevated at least two (2) feet above the BFE. iv. The use of fill is prohibited except for bank, dune, or beach nourishment/restoration The proposed project meets the above-mentioned performance standards for work within the V zone. Project involves no new construction, just replacing an existing bulkhead. Only fill proposed in this project is for bank nourishment to support the replacement elevated bulkhead. c) Additional Performance Standards within the MoWA Within the MoWA, in addition to the general performance standards set forth in Section 4.10 (3)(a), the following additional performance standards shall apply: i. The new construction and footprint expansion of any building or other structure, road, impervious surface, or septic system shall be permitted, subject to the other provisions of the Bylaw and Regulations, provided that any building or occupied structure shall be elevated at least two (2) feet above the BFE. ii. No new construction or expansion of any structure that redirects or channelizes floods including retaining walls, fences, and sea walls shall be permitted. iii. With respect to any building or other structure, in the event of any substantial repair of the foundation, any substantial improvement, the entire building or structure shall be elevated at least two (2) feet above the BFE. The proposed project meets the above-mentioned performance standards for work within the MoWA. No new construction is proposed as part of this project, just a replacement bulkhead. Notice of Intent 104 River Street Yarmouth, Massachusetts 6.0 COMPLIANCE WITH WPA PERFORMANCE STANDARDS 310 CMR 10.30 Coastal Bank WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OR FLOOD CONTROL BECAUSE IT SUPPLIES SEDIMENT TO COASTAL BEACHES, COASTAL DUNES OR BARRIER BEACHES, 310 CMR 10.30(3) THROUGH (5) SHALL APPLY: The coastal bank at the Site exists as a bulkhead and does not supply sediment to coastal beaches, coastal dunes, or barrier beaches so performance standards 3 through 5 do not apply to this project. WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OR FLOOD CONTROL BECAUSE IT IS A VERTICAL BUFFER TO STORM WATERS, 310 CMR 10.30(6) THROUGH (8) SHALL APPLY: (6) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall have no adverse effects on the stability of the coastal bank. The proposed project is to replace an existing old bulkhead with a new bulkhead 2.5’ higher than existing. This project will enhance the stability of the coastal bank. Therefore, this performance standard is complied with. (7) Bulkheads, revetments, seawalls, groins or other coastal engineering structures may be permitted on such a coastal bank except when such bank is significant to storm damage prevention or flood control because it supplies sediment to coastal beaches, coastal dunes, and barrier beaches. The existing coastal bank is a bulkhead and does not supply sediment to coastal beaches, coastal dunes, and/or barrier beaches because it already exists as a vertical bulkhead. Therefore, this performance standard does not apply. (8) Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. The proposed project Site is not within mapped NHESP priority or estimated habitat areas so this performance standard does not apply. 310 CMR 10.58 Riverfront Area: The entire Site is located within RFA. The bulkhead will need a Chapter 91 license, and as such the project is exempt from RFA standards. The only work within the Riverfront Area is temporary disturbance to install tie rods and bring in fill to bring the grade up to the bulkhead elevation. Once this work is complete, the entire disturbed area will be seeded with a native coastal salt tolerant grass mix and planted with native salt tolerant shrubs. There are no permanent impacts to RFA and no new impervious surface on Site. 7.0 MITIGATION The proposed project has been designed to reduce impacts to jurisdictional resource areas and their associated buffer zones to the greatest extent practicable. Although it is not anticipated that sediment control will be needed, hay wattles, hay bales, silt curtains and/or silt fence can be made Notice of Intent 104 River Street Yarmouth, Massachusetts available during construction. All construction materials 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. To mitigate for project impacts including the removal of 12 trees, the applicant is proposing to plant native coastal salt tolerant vegetation within the disturbed areas. On the north side of the property there are four oak trees and one cedar tree that are proposed to be removed. These trees will be replaced in kind; four oaks and one cedar will be replanted on the north side. On the south side of the property, seven more trees are proposed to be removed to install the tie rods. The applicant is proposing to restore this area with native shrubs at a ratio of 3 shrubs per tree removed f or a total of 21 shrubs. Six beach plum and 15 northern bayberry are proposed to replace the seven trees on the south side. Additionally, the applicant is also proposing to plant a 10’ wide strip (750 sf) of native shrubs adjacent to the new bulkhead, with a pervious shell path to the deck and ramp. The table below details the proposed plants and planting locations are shown on the plan. Common Name Scientific Name Spacing Quantity Area (sf) Eastern red cedar Juniperus virginiana 8’ OC 1 - Black oak Quercus velutina 25’ OC 4 - Beach plum Prunus maritima 5’ OC 6 - Northern bayberry Myrica pensylvanica 4’ OC 15 - Virginia rose Rosa Vriginiana 3’ OC 30 250 Sweet fern Comptonia peregrina 2’ OC 36 200 Creeping juniper Juniperus horizontalis 3’ OC 30 250 Bearberry Arctostaphylos uvaursi 1’ OC 100 100