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Home My WebLink AboutNOI 6.5.2025Notice of Intent: Bayview Bogs Restoration – Phase 1 Invasive Plant Management Yarmouth, Massachusetts JUNE 2025 PREPARED FOR Cape Cod Conservation District PREPARED BY SWCA Environmental Consultants NOTICE OF INTENT: BAYVIEW BOGS RESTORATION – PHASE 1 INVASIVE PLANT MANAGEMENT YARMOUTH, MASSACHUSETTS Prepared for Cape Cod Conservation District 303 Main Street / Route 28 West Yarmouth, MA 02673 SWCA Environmental Consultants 15 Research Drive Amherst, MA 01002 (413) 213-0202 www.swca.com SWCA Project No. 90594-001 June 2025 This page intentionally left blank. Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts i CONTENTS 1 Introduction .......................................................................................................................................... 1 2 Site Description ..................................................................................................................................... 1 2.1 Soils .............................................................................................................................................. 2 2.2 Developed Areas ........................................................................................................................... 2 3 Regulated Resource Areas ................................................................................................................... 2 3.1 Coastal Bank ................................................................................................................................. 2 3.2 Salt Marsh ..................................................................................................................................... 2 3.3 Land Subject to Tidal Action ........................................................................................................ 3 3.4 Land Subject to Coastal Storm Flowage ...................................................................................... 3 3.5 Inland Banks ................................................................................................................................. 3 3.6 Bordering Vegetated Wetlands ..................................................................................................... 3 3.7 Buffer Zones ................................................................................................................................. 4 3.8 Land Under Water Bodies and Waterways................................................................................... 4 3.9 Bordering Land Subject to Flooding ............................................................................................ 4 3.10 Riverfront Area ............................................................................................................................. 5 4 Other environmental Constraints ....................................................................................................... 5 4.1 WPA/Bylaw Aquatic Resource Areas .......................................................................................... 5 4.2 Vernal Pools ................................................................................................................................. 5 4.3 Rare Species Habitat ..................................................................................................................... 5 4.4 Areas of Critical Environmental Concern .................................................................................... 6 4.5 Outstanding Resource Waters ....................................................................................................... 6 4.6 Water Supply ................................................................................................................................ 6 5 Proposed Work & Impacts .................................................................................................................. 6 5.1 Aquatic Resource Area Impacts ................................................................................................... 8 5.2 Best Management Practices .......................................................................................................... 8 6 Regulatory Compliance ....................................................................................................................... 9 6.1 Massachusetts Wetlands Protection Act ....................................................................................... 9 6.1.1 General Provisions and Performance Standards ................................................................. 9 6.1.2 Riverfront Alternatives Analysis ...................................................................................... 13 6.2 Town Wetlands Protection Bylaw .............................................................................................. 14 7 Summary ............................................................................................................................................. 16 References Cited ........................................................................................................................................ 17 Appendices Appendix A. WPA Forms and Copies of Checks Appendix B. Figures Appendix C. Site Photographs Appendix D. Invasive Speices Management Plan Appendix E. Abutter Information APPENDIX A WPA Forms and Copies of Checks 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): 0 Rosetta Street a. Street Address Yarmouth b. City/Town 02673 c. Zip Code Latitude and Longitude: 41.651170 d. Latitude -70.268032 e. Longitude 28 f. Assessors Map/Plat Number 58.1.1 g. Parcel /Lot Number 2.Applicant: Mark a. First Name Forest b. Last Name Cape Cod Conservation District c. Organization 303 Main Street / Route 28 d. Street Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 508.439.9980 h. Phone Number i. Fax Number mforestcccd@gmail.com j. Email Address 3.Property owner (required if different from applicant): Check if more than one owner Michael a. First Name Jones b. Last Name Cape Cod Hospital c. Organization 27 Park Street d. Street Address Hyannis e. City/Town MA f. State 02601 g. Zip Code h. Phone Number 508-790-0030 i. Fax Number MGJones@CapeCodHealth.org j. Email address 4.Representative (if any): Chase a. First Name Bernier b. Last Name SWCA Environmental Consultants c. Company 15 Research Drive d. Street Address Amherst e. City/Town MA f. State 01002 g. Zip Code 508.232.6668 h. Phone Number i. Fax Number chase.bernier@swca.com j. Email address 5.Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $0.00 a. Total Fee Paid $0.00 b. State Fee Paid $0.00 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: Ecological restoration via invasive species control of an existing, abandoned cranberry bog by utilizing mechanical and chemical treatements. 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) 310 CMR 10.24(8) and 10.53(4) 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) 2115 c. Book 0015 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 2,6330 1. linear feet N/A 2. linear feet b. Bordering Vegetated Wetland 2,103,948 1. square feet N/A 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 3,314,916 1. square feet N/A 2. square feet 0 3. cubic feet of flood storage lost 0 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 Unnamed (coastal) 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:213,444 square feet 4.Proposed alteration of the Riverfront Area: 213,444 a. total square feet 114,563 b. square feet within 100 ft. 98,881 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 726 1. linear feet g.Rocky Intertidal Shores 1. square feet h. Salt Marshes 52,708 1. square feet 52,708 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 1,283 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. 0 a. square feet of BVW 0 b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 12/4/2023 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review∗ 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ∗∗ (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site ∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 12/4/2023 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C.Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f)OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking #b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3.For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Bourne to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Plymouth to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 12/4/2023 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town C.Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4.Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5.Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6.Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7.Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D.Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1.USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2.Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 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. a. Plan Title b. Prepared By c. Signed and Stamped by d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7.Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8.Attach NOI Wetland Fee Transmittal Form 9.Attach Stormwater Report, if needed. E.Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 2. Municipal Check Number 3. Check date 4. State Check Number 5. Check date 6. Payor name on check: First Name 7. Payor name on check: Last Name 5/28/2025 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: 0 Rosetta Street a. Street Address Yarmouth b. City/Town c. Check number $0.00 d. Fee amount 2.Applicant Mailing Address: Mark a. First Name Forest b. Last Name Cape Cod Conservation District c. Organization 303 Main Street / Route 28 d. Mailing Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 508.439.9980 h. Phone Number i. Fax Number mforestcccd@gmail.com j. Email Address 3.Property Owner (if different): Michael a. First Name Jones b. Last Name Cape Cod Hospital c. Organization 27 Park Street d. Mailing Address Hyannis e. City/Town MA f. State 02601 g. Zip Code h. Phone Number 508-790-0030 i. Fax Number MGJones@CapeCodHealth.org 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 2.h. 1 $0.00 #0.00 Step 5/Total Project Fee: $0.00 Step 6/Fee Payments: Total Project Fee: $0.00 a. Total Fee from Step 5 State share of filing Fee: $0.00 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $0.00 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.) noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 1 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Eligibility Checklist This Ecological Restoration Limited Project Eligibility Checklist guides the applicant in determining if their project is eligible to file as an Inland or Coastal Ecological Restoration Limited Project (310 CMR 10.53(4) or 310 CMR 10.24(8) respectively). These criteria must be met when submitting the Ecological Restoration Limited Project Notice of Intent to ensure that the restoration and improvement of the natural capacity of a Resource Area(s) to protect and sustain the interests identified in the WPA is necessary to achieve the project’s ecological restoration goals. 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. Regulatory Features of All Coastal and Inland Ecological Restoration Limited Projects (a)May result in the temporary or permanent loss of/or conversion of Resource Area: An Ecological Restoration Limited Project that meets the requirements of 310 CMR 10.24(8) may result in the temporary or permanent loss of Resource Areas and/or the conversion of one Resource Area to another when such loss is necessary to the achievement of the project’s ecological restoration goals. (b)Exemption from wildlife habitat evaluation: A NOI for an Ecological Restoration Limited Project that meets the minimum requirements for Ecological Restoration Projects and for a MassDEP Combined Application outlined in 310 CMR 10.12(1) and (2) is exempt from providing a wildlife habitat evaluation (310 CMR 10.60). (c)The following are considerations for applicants filing an Ecological Restoration Limited Project NOI and for the issuing authority approving a project as an Ecological Restoration Limited Project: The condition of existing and historic Resource Areas proposed for restoration. Evidence of the extent and severity of the impairment(s) that reduce the capacity of the Resource Areas to protect and sustain the interests identified in M.G.L. c. 131, § 40. The magnitude and significance of the benefits of the Ecological Restoration Project in improving the capacity of the affected Resource Areas to protect and sustain the other interests identified in M.G.L. c. 131, § 40. The magnitude and significance of the impacts of the Ecological Restoration Project on existing Resource Areas that may be modified, converted and/or lost and the interests for which said Resource Areas are presumed significant in 310 CMR 10.00, and the extent to which the project will: a.avoid adverse impacts to Resource Areas and the interests identified in M.G.L. c. 131, § 40, that can be avoided without impeding the achievement of the project’s ecological restoration goals. b.minimize adverse impacts to Resource Areas and the interests identified in M.G.L. c. 131, § 40, that are necessary to the achievement of the project’s ecological restoration goals. c.utilize best management practices such as erosion and siltation controls and proper construction sequencing to avoid and minimize adverse construction impacts to resource areas and the interests identified in M.G.L. c. 131, § 40. noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 2 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Eligibility Criteria - Coastal Ecological Restoration Limited Projects (310 CMR 10.24(8)) Complete this Eligibility Criteria Checklist before filling out a Notice of Intent Application to determine if your project qualifies as a Coastal Ecological Restoration Limited Project. (310 CMR 10.24(8)) Sign the Eligibility Certification at the end of Appendix A, and attach the checklist with supporting documentation and the Eligibility Certification to your Notice of Intent Application. General Eligibility Criteria for All Coastal Ecological Restoration Limited Projects Notwithstanding the requirements of 310 CMR 10.25 through 10.35, 310 CMR 10.54 through 10.58, and the Wildlife Habitat evaluations in 310 CMR 10.60, the Issuing Authority may issue an Order of Conditions permitting an Ecological Restoration Project listed in 310 CMR 10.24(8)(e) as an Ecological Restoration Limited Project and impose such conditions as will contribute to the interests identified in the WPA M.G.L. provided that the project meets all the requirements in 310 CMR 10.24 (8). The project is an Ecological Restoration Project as defined in 310 CMR 10.04 and is a project type listed below [310 CMR 10.24(8)(e)]. Tidal Restoration. Shellfish Habitat Restoration. Other Ecological Restoration Limited Project Type. The project will further at least one of the WPA (M.G.L. c. 131, § 40) interests identified below. Protection of public or private water supply. Protection of ground water supply. Flood control. Storm damage prevention. Prevention of pollution. Protection of land containing shellfish. Protection of fisheries. Protection of wildlife habitat. If the project will impact an area located within estimated habitat which is indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetlands, a NHESP preliminary written determination is attached to the NOI submittal that the project will not have any adverse long-term and short-term effects on specified habitat sites of Rare Species or the project will be carried out in accordance with an approved NHESP habitat management plan. noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 3 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Eligibility Criteria - Coastal Ecological Restoration Limited Projects (310 CMR 10.24(8)) (Cont.) General Eligibility Criteria for All Coastal Ecological Restoration Limited Projects (cont.) If the project is located in a Coastal Dune or Barrier Beach, the project avoids and minimizes armoring of the Coastal Dune or Barrier Beach to the maximum extent practicable. The project complies with all applicable provisions of 310 CMR 10.24(1) through (6) and 310 CMR 10.24(9) and (10). Additional Eligibility Criteria for Specific Coastal Ecological Restoration Limited Project Types These additional criteria must be met to qualify as an Ecological Restoration Limited Project to ensure that the restoration and improvement of the natural capacity of a Resource Area to protect and sustain the interests identified in the WPA is necessary to achieve the project’s ecological restoration goals. This Ecological Restoration Limited Project application meets the eligibility criteria for Ecological Restoration Limited Project [310 CMR 10.24(8)(a) through (d) and as proposed, furthers at least one of the WPA interests is for the project type identified below. Tidal Restoration Projects A project to restore tidal flow that will not significantly increase flooding or storm damage impacts to the built environment, including without limitation, buildings, wells, septic systems, roads or other man-made structures or infrastructure. Shellfish Habitat Restoration Projects The project has received a Special Projects Permit from the Division of Marine Fisheries or, if a municipality, has received a shellfish propagation permit. The project is made of cultch (e.g., shellfish shells from oyster, surf or ocean clam) or is a structure manufactured specifically for shellfish enhancement (e.g., reef blocks, reef balls, racks, floats, rafts, suspended gear). Other Ecological Restoration Projects that meet the criteria set forth in 310 CMR 10.24(8)(a) through (d). Restoration, enhancement, or management of Rare Species habitat. Restoration of hydrologic and habitat connectivity. Removal of aquatic nuisance vegetation to impede eutrophication. Thinning or planting of vegetation to improve habitat value. Fill removal and re-grading. Riparian corridor re-naturalization. River floodplain re-connection. noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 4 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Eligibility Criteria - Coastal Ecological Restoration Limited Projects (310 CMR 10.24(8)) (Cont.) Additional Eligibility Criteria for Specific Coastal Ecological Restoration Limited Project Types In-stream habitat enhancement. Remediation of historic tidal wetland ditching. Eelgrass restoration. Invasive species management. Installation of fish passage structures. Other. Describe: This project involves the construction, repair, replacement or expansion of public or private infrastructure (310 CMR 10.24(9). The NOI attachment labeled is an operation and maintenance plan to ensure that the infrastructure will continue to function as designed. The operation and maintenance plan will be implemented as a continuing condition in the Order of Conditions and the Certificate of Compliance. This project proposes to replace an existing stream crossing (310 CMR 10.24(10). The crossing complies with the Massachusetts Stream Crossing Standards to the maximum extent practicable with details provided in the NOI. The crossing type: Replaces an existing non-tidal crossing that is part of an Anadromous/Catadromous Fish Run (310 CMR 10.35) Replaces an existing tidal crossing that restricts tidal flow. The tidal restriction will be eliminated to the maximum extent practicable. At a minimum, in evaluating the potential to comply with the standards to the maximum extent practicable the following criteria have been consider site constraints in meeting the standard, undesirable effects or risk in meeting the standard, and the environmental benefit of meeting the standard compared to the cost, by evaluating the following: The potential for downstream flooding; Upstream and downstream habitat (in-stream habitat, wetlands); Potential for erosion and head-cutting; Stream stability; Habitat fragmentation caused by the crossing; The amount of stream mileage made accessible by the improvements; Storm flow conveyance; noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 5 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Eligibility Criteria - Coastal Ecological Restoration Limited Projects (310 CMR 10.24(8)) (Cont.) Additional Eligibility Criteria for Specific Coastal Ecological Restoration Limited Project Types Engineering design constraints specific to the crossing; Hydrologic constraints specific to the crossing; Impacts to wetlands that would occur by improving the crossing; Potential to affect property and infrastructure; and Cost of replacement. Eligibility Criteria - Inland Ecological Restoration Limited Project (310 CMR 10.53(4)) Complete this Eligibility Criteria Checklist before filling out a Notice of Intent Application to determine if your project qualifies as an Inland Ecological Restoration Limited Project. (310 CMR 10.53(4)) Sign the Eligibility Certification at the end of Appendix A, and attach the checklist with supporting documentation and the Eligibility Certification to your Notice of Intent Application. General Eligibility Criteria for All Inland Ecological Restoration Limited Projects Notwithstanding the requirements of any other provision of 310 CMR 10.25 through 10.35, 310 CMR 10.54 through 10.58, and 310 CMR 10.60, the Issuing Authority may issue an Order of Conditions permitting an Ecological Restoration Project listed in 310 CMR 10.53(4)(e) as an Ecological Restoration Limited Project and impose such conditions as will contribute to the interests identified in M.G.L. c. 131, § 40, provided that: The project is an Ecological Restoration Project as defined in 310 CMR 10.04 and is a project type listed below [310 CMR 10.53(4)(e)]. Dam Removal Freshwater Stream Crossing Repair and Replacement Stream Daylighting Tidal Restoration Rare Species Habitat Restoration Restoring Fish Passageways Other (describe project type): Invasive vegetation management noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 6 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Eligibility Criteria - Inland Ecological Restoration Limited Project (310 CMR 10.53(4)) (cont.) General Eligibility Criteria for All Inland Ecological Restoration Limited Projects The project will further at least one of the WPA (M.G.L. c. 131, § 40) interests identified below. Protection of public or private water supply Protection of ground water supply Flood control Storm damage prevention Prevention of pollution Protection of land containing shellfish Protection of fisheries Protection of wildlife habitat If the project will impact an area located within estimated habitat which is indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetlands, a NHESP preliminary written determination is attached to the NOI submittal that the project will have no adverse long-term and short-term effects on specified habitat sites of Rare Species or the project will be carried out in accordance with an approved NHESP habitat management plan. The project will be carried out in accordance with any time of year restrictions or other conditions recommended by the Division of Marine Fisheries for coastal waters and the Division of Fisheries and Wildlife in accordance with 310 CMR 10.11(3). If the project involves the dredging of 100 cubic yards of sediment or more or dredging of any amount in an Outstanding Resource Water, a Water Quality Certification has been applied for or obtained. The project complies with all applicable provisions of 310 CMR 10.53(1), (2), (7), and (8). noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 7 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Eligibility Criteria - Inland Ecological Restoration Limited Project (310 CMR 10.53(4)) (cont.) Additional Eligibility Criteria for Specific Inland Ecological Restoration Limited Project Types These additional criteria must be met to qualify as an Ecological Restoration Limited Project to ensure that the restoration and improvement of the natural capacity of a Resource Area to protect and sustain the interests identified in the WPA is necessary to achieve the project’s ecological restoration goals. This project application meets the eligibility criteria for Ecological Restoration Limited Project in accordance with [310 CMR 10.53(4)(a) through (d) and as proposed, furthers at least one of the WPA interests is for the project type identified below: Dam Removal Project is consistent with MassDEP’s 2007 Dam Removal Guidance. Freshwater Stream Crossing Repair and Replacement. The project as proposed and the NOI describes how: Meeting the eligibility criteria set forth in 310 CMR 10.13 would result in significant stream instability or flooding hazard that cannot otherwise be mitigated, and site constraints make it impossible to meet said criteria. The project design ensures that the stability of the bank is NOT impaired. To the maximum extent practicable, the project provides for the restoration of the stream upstream and downstream of the structure as needed to restore stream continuity and eliminate barriers to aquatic organism movement. The project complies with the requirements of 310 CMR 10.53(7) and (8). Stream Daylighting Projects The project meets the eligibility criteria for Ecological Restoration Limited Project [310 CMR 10.53(4)(a) through (d)] and as proposed the NOI describes how the proposed project meets to the maximum extent practicable, consistent with the project’s ecological restoration goals, all the performance standards for Bank and Land Under Water Bodies and Waterways. The project meets the requirements of 310 CMR 10.12(1) and (2) and a wildlife habitat evaluation is not included in the NOI. Tidal Restoration Project Restores tidal flow. the project, including any proposed flood mitigation measures, will not significantly increase flooding or storm damage to the built environment, including without limitation, buildings, wells, septic systems, roads or other man-made structures or infrastructure. noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 8 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Eligibility Criteria - Inland Ecological Restoration Limited Project (310 CMR 10.53(4)) (cont.) Other Ecological Restoration Projects that meet the criteria set forth in 310 CMR 10.53 (4) (a) through (d). Restoration, enhancement, or management of Rare Species habitat. Restoration of hydrologic and habitat connectivity. Removal of aquatic nuisance vegetation to impede eutrophication. Thinning or planting of vegetation to improve habitat value. Riparian corridor re-naturalization. River floodplain re-connection. In-stream habitat enhancement. Fill removal and re-grading. Flow restoration. Installation of fish passage structures. Invasive species management. Other. Describe: This project involves the construction, repair, replacement or expansion of public or private infrastructure. (310 CMR 10.53(7)) The NOI attachment labeled is an operation and maintenance plan to ensure that the infrastructure will continue to function as designed. The operation and maintenance plan will be implemented as a continuing condition in the Order of Conditions and the Certificate of Compliance. This project replaces an existing stream crossing (310 CMR 10.53(8)). The crossing type: Replaces an existing non-tidal crossing designed to comply with the Massachusetts Stream Crossing Standards to the maximum extent practicable with details provided in the NOI. Replaces an existing tidal crossing that restricts tidal flow. The tidal restriction will be eliminated to the maximum extent practicable. noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 9 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Eligibility Criteria - Inland Ecological Restoration Limited Project (310 CMR 10.53(4)) (cont.) At a minimum, in evaluating the potential to comply with the standards to the maximum extent practicable the following criteria have been consider site constraints in meeting the standard, undesirable effects or risk in meeting the standard, and the environmental benefit of meeting the standard compared to the cost, by evaluating the following: The potential for downstream flooding; Upstream and downstream habitat (in-stream habitat, wetlands); Potential for erosion and head-cutting; Stream stability; Habitat fragmentation caused by the crossing; The amount of stream mileage made accessible by the improvements; Storm flow conveyance; Engineering design constraints specific to the crossing; Hydrologic constraints specific to the crossing; Impacts to wetlands that would occur by improving the crossing; Potential to affect property and infrastructure; and Cost of replacement. noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 10 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Required Actions (310 CMR 10.11) Complete the Required Actions before submitting a Notice of Intent Application for an Ecological Restoration Project and submit a completed copy of this Checklist with the Notice of Intent. Massachusetts Environmental Policy Act (MEPA) / Environmental Monitor https://www.mass.gov/service-details/the-environmental-monitor For Ecological Restoration Limited Projects, there are no changes to MEPA requirements. Submit written notification at least 14 days prior to the filing of a Notice of Intent (NOI) to the Environmental Monitor for publication. A copy of the written notification is attached and provides at minimum: A brief description of the proposed project. The anticipated NOI submission date to the conservation commission. The name and address of the conservation commission that will review the NOI. Specific details as to where copies of the NOI may be examined or acquired and where to obtain the date, time, and location of the public hearing. Massachusetts Endangered Species Act (MESA) /Wetlands Protection Act Review Preliminary Massachusetts Endangered Species Act Review from the Natural Heritage and Endangered Species Program (NHESP) has been met and the written determination is attached. Supplemental Information for Endangered Species Review has been submitted. 1. Percentage/acreage of property to be altered: a.Within Wetland Resource Area Percentage/acreage b.Outside Wetland Resource Area Percentage/acreage 2. Assessor’s Map or right-of-way plan of site 3. 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. 4. Project description (including description of impacts outside of wetland resource area & buffer zone) 5. Photographs representative of the site 6. MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for-a-mesa-project-review) noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 11 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Required Actions (310 CMR 10.11) (cont.) Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP: Natural Heritage & Endangered Species Program MA Division of Fisheries & Wildlife 1 Rabbit Hill Road Westborough, MA 01581 7.Projects altering 10 or more acres of land, also submit: a. Vegetation cover type map of site b. Project plans showing Priority & Estimated Habitat boundaries 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/ma-endangered-species-act-mesa-overview; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59 – see C4 below) 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. Estimated Habitat Map of State-Listed Rare Wetlands Wildlife If a portion of the proposed project is 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), complete the portion below. To view habitat maps, see the Massachusetts Natural Heritage Atlas or view the maps electronically at: https://www.mass.gov/guides/masswildlife-publications#-massachusetts-natural- heritage-atlas- A preliminary written determination from Natural Heritage and Endangered Species Program (NHESP) must be obtained indicating that: Project will NOT have long- or short-term adverse effect on the actual Resource Area located within estimated habitat indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetlands Wildlife published by NHESP. Project will have long- or short-term adverse effect on the actual Resource Area located within estimated habitat indicated on the most recent Estimated Habitat Map of State- Listed Rare Wetlands Wildlife published by NHESP. A copy of NHESP’s written preliminary determination in accordance with 310 CMR 10.11(2) is attached. This specifies: Date of the map: noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 12 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Required Actions (310 CMR 10.11) (cont.) If the Rare Species identified is/are likely to continue to be located on or near the project, and if so, whether the Resource Area to be altered is in fact part of the habitat of the Rare Species. That if the project alters Resource Area(s) within the habitat of a Rare Species: The Rare Species is identified; NHESP’s recommended changes or conditions necessary to ensure that the project will have no short or long term adverse effect on the habitat of the local population of the Rare Species is provided; or An approved NHESP habitat management plan is attached with this Notice of Intent. Send the request for a preliminary determination to: Natural Heritage & Endangered Species Program MA Division of Fisheries & Wildlife 1 Rabbit Hill Road Westborough, MA 01581 Division of Marine Fisheries If the project will occur within a coastal waterbody with a restricted Time of Year, [see Appendix B of the Division of Marine Fisheries (DMF) Technical Report TR 47 “Marine Fisheries Time of Year Restrictions (TOYs) for Coastal Alteration Projects” dated April 2011 https://www.nae.usace.army.mil/Portals/74/docs/regulatory/StateGeneralPermits/MA/TR-47.pdf]. Obtain a DMF written determination stating: The proposed work does NOT require a TOY restriction. The proposed work requires a TOY restriction. Specific recommended TOY restriction and recommended conditions on the proposed work is attached. If the project may affect a diadromous fish run [re: Division of Marine Fisheries (DMF) Technical Reports TR 15 through 18, dated 2004: https://www.mass.gov/service-details/marine- fisheries-technical-reports] Obtain a DMF written determination stating: The design specifications and operational plan for the project are compatible with the passage requirements of the fish run. The design specifications and operational plan for the project are not compatible with the passage requirements of the fish run. noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 13 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Required Actions (310 CMR 10.11) (cont.) Send the request for a written or electronic determination to: South Shore – Bourne to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries – South Coast Field Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: DMF.EnvReview-South@state.ma.us North Shore – Plymouth to New Hampshire border: Division of Marine Fisheries – North Shore Field Station Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: DMF.EnvReview-North@state.ma.us Division of Fisheries and Wildlife – https://www.mass.gov/orgs/division-of-fisheries-and-wildlife Projects that involve silt-generating, in-water work that will impact a non-tidal perennial river or stream and the in-water work will not occur between May 1 and August 30. Obtain a written determination from the Division of Fisheries and Wildlife (DFW) as to whether the proposed work requires a TOY restriction. The proposed work does NOT require a TOY restriction. The proposed work requires a TOY restriction. The DFW determination with TOY restriction and other conditions is attached. MassDEP Water Quality Certification Project involves dredging of 100 cubic yards or more in a Resource Area or dredging of any amount in an Outstanding Resource Water (ORW). A copy and proof of the MassDEP Water Quality Certification pursuant to 314 CMR 9.00 is attached to the NOI. This project is a Combined Permit Application for 401 Dredging and Restoration (BRP WW 26). MassDEP Wetlands Restriction Order 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)? Yes No Department of Conservation and Recreation Office of Dam Safety For Dam Removal Projects, obtain a written determination from the Department of Conservation and Recreation Office of Dam Safety that the dam is not subject to the jurisdiction of the Office under 302 CMR 10.00, a written determination that the dam removal does not require a permit under 302 CMR 10.00 or a permit authorizing the dam removal in accordance with 302 CMR 10.00 has been issued. noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 14 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Required Actions (310 CMR 10.11) (cont.) Areas of Critical Environmental Concern (ACECs) Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Name of ACEC Minimum Required Documents (310 CMR 10.12) Complete the Required Documents Checklist below and provide supporting materials before submitting a Notice of Intent Application for an Ecological Restoration Project. This Notice of Intent meets all applicable requirements outlined in for Ecological Restoration Projects in 310 CMR 10.12. Use the checklist below to ensure that all documentation is included with the NOI. At a minimum, a Notice of Intent for an Ecological Restoration Project shall include the following: Description of the project’s ecological restoration goals; The location of the Ecological Restoration Project; Description of the construction sequence for completing the project; A map of the Areas Subject to Protection Under M.G.L. c. 131, § 40, that will be temporarily or permanently altered by the project or include habitat for Rare Species, Habitat of Potential Regional and Statewide Importance, eel grass beds, or Shellfish Suitability Areas. 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.) is attached with documentation methodology. List the titles and dates for all plans and other materials submitted with this NOI. a. Plan Title b. Prepared by c. Signed and Stamped by d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date If there is more than one property owner, attach a list of these property owners not listed on this form. Attach NOI Wetland Fee Transmittal Form. noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 15 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Yarmouth City/Town Minimum Required Documents (310 CMR 10.12) An evaluation of any flood impacts that may affect the built environment, including without limitation, buildings, wells, septic systems, roads or other man-made structures or infrastructure as well as any proposed flood impact mitigation measures; A plan for invasive species prevention and control; The Natural Heritage and Endangered Species Program written determination in accordance with 310 CMR 10.11(2), if needed; Any Time of Year restrictions and/or other conditions recommended by the Division of Marine Fisheries or the Division of Fisheries and Wildlife in accordance with 310 CMR 10.11(3), (4), (5), if needed; Proof that notice was published in the Environmental Monitor as required by 310 CMR 10.11(1; A certification by the applicant under the penalties of perjury that the project meets the eligibility criteria set forth in 310 CMR 10.13; If the Ecological Restoration Project involves the construction, repair, replacement or expansion of infrastructure, an operation and maintenance plan to ensure that the infrastructure will continue to function as designed; If the project involves dredging of 100 cubic yards or more or dredging of any amount in an Outstanding Resource Water, a Water Quality Certification issued by the Department pursuant to 314 CMR 9.00; If the Ecological Restoration Project involves work on a stream crossing, information sufficient to make the showing required by 310 CMR 10.24(10) for work in a coastal resource area and 310 CMR 10.53(8) for work in an inland resource area; and If the Ecological Restoration Project involves work on a stream crossing, baseline photo-points that capture longitudinal views of the crossing inlet, the crossing outlet and the upstream and downstream channel beds during low flow conditions. The latitude and longitude coordinates of the photo-points shall be included in the baseline data. This project is subject to provisions of the MassDEP Stormwater Management Standards. A copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) is attached. Provide information as the whether the project has the potential to impact private water supply wells including agricultural or aquacultural wells or surface water withdrawal points. Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Provided by MassDEP: MassDEP File Number WPA Form 3 -Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists City/Town Document Transaction Number Yarmouth Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Certification that the Ecological Restoration Project Meets the Eligibility Criteria noiappa.doc • rev 12/612023 I hereby certify under penalties of perjury that the Ecological Restoration Project Notice of Intent application does not meet the Eligibility criteria for an Ecological Restoration Order of Conditions set forth in 310 CMR 10.13, but does meet the Eligibility Criteria for a Ecological Restoration Limited Project set forth in 10.24(8) or 10.53(4) whichever is applicable. I certify that I am familiar with the information contained in the application, and that to the best of my knowledge and belief such info�k� true, comple and accurate. I further certify that I possess the authority to undertake the • p V vl:J!;sd Signature of Applicant or Authoriz ct Agent /V) A-RK K., Foe<::�'\ Printed Name of Applicant or Authorized Agent Date The certification must be signed by the applicant; however, it may be signed by a duly authorized agent (named in Item 2) if this form is accompanied by a statement by the applicant designating the agent and agreeing to furnish upon request, supplemental information in support of the application. Notice of Intent Appendix A Ecological Reslorallon Limtted Project Eligibility Checklists • Page 16 of 16 APPENDIX B Figures BAYVIEW BOGS REST�RATION Figure 2. Aerial Map --RoadD Parcel Boundary Yarmouth, MA o 5' Quadrangle: Hyannis 1 oo USGS 7. NAO 1983 StatePlane o SJ Massachusetts Maini�� :e� � 41.65180N 70.26730W A � MwEsriArcG/SOnline, 1:7,000 A ,,._. Base ·accessedApri/2025 WC Updated: 4/10/2025 s Meters 200 Project No. 93217 layout: Ae�al ENVIRONMENTillL (ONSULT,.,NTS Aprx: 9324 7 -bayviewBogsRestorat1on BAYVIEW BOGS RESTORATION Figure 3. Environmental Resources Map \ ' \ ' \ I \ \ ... ... ... -Coastal Bank -Inland Bank -- Perennial Stream (approx.) Bordering Land Subject to Flooding Land Subject to Coastal Storm Flowage E2Zl Land Subject to Tidal Action (3.5 Feet) Wetland (approx.) -Land Under Waterbodies and Waterways (approx.) -Salt Marsh (approx.) r_-., 35-foot Minimum Setback for Minor Structures 50-foot No Build Zone 100-foot Buffer Zoner_ -J 200-foot Riverfront Area --Road c::::J Municipal Boundary c:J Parcel Boundary Yarmouth, MA 0 USGS 7.5' Quadrangle: Hyannis NAD 1983 StatePlane 50 200 400 Feet Meters 100 Massachusetts Mainland FIPS 0 2001 Feet 41.6518°N 70.2673°W Base Map: Esri ArcG/S Online, accessed May 2025 Updated: 5/19/2025 Project No. 90594 layout: ERM 11x17 Aprx: 9324 7 _ bayviewBogsRestDration 1 :4,000 SWCA ENVIRONMENT,\l CONSULTANTS APPENDIX C Site Photographs C-1 Photograph C-1. Phragmites observed along property boundary. Photograph C-2. Additional overview of phragmites density. C-2 Photograph C-3. Japanese knotweed identified in various parts of the Site. Photograph C-4. Japanese knotweed located along forested boundary. C-3 Photograph C-5. Loosestrife located within a wetland area. Photograph C-6. Close up view of identified loosestrife. C-4 Photograph C-7. Honeysuckle observed along existing access road. Photograph C-8. Another identified honeysuckle bush. C-5 Photograph C-9. Bittersweet located along hillside. Photograph C-10. An autumn olive identified within herbaceous area. C-6 Photograph C-11. Additional autumn olive observed. Photograph C-12. Buckthorn located within forested area. C-7 Photograph C-13. A multiflora rose observed adjacent to a waterbody. Photograph C-14. An additional multiflora rose. C-8 Photograph C-15. Grey willow trees located along existing access road. Photograph C-16. View of grey willow canopy. C-9 Photograph C-17. Multivariate watermilfoil present within a waterbody. Photograph C-18. Native rose was located on site. APPENDIX D Invasive Species Management Plan Invasive Plant Management Plan for Bayview Bogs Ecological Restoration Design and Permitting Project Yarmouth, Massachusetts SWCA Project No. 90594-000-AMH Fuss & O’Neill, Inc. Contract No. 20240208.A10 PREPARED FOR Fuss & O’Neill, Inc. PREPARED BY SWCA Environmental Consultants INVASIVE PLANT MANAGEMENT PLAN FOR BAYVIEW BOGS ECOLOGICAL RESTORATION DESIGN AND PERMITTING PROJECT YARMOUTH, MASSACHUSETTS Prepared for The Cape Cod Conservation District In partnership with The Cape Cod Hospital and The Massachusetts Division of Ecological Restoration On behalf of Fuss & O’Neill, Inc. 550 Main Street, Suite 400 Springfield, MA 01103 Prepared by SWCA Environmental Consultants 15 Research Drive Amherst, Massachusetts 01002 (413) 256-0202 www.swca.com SWCA Project No. 0090594-000-AMH Invasive Plant Management Plan Bayview Bogs Ecological Restoration Design and Permitting Project, Yarmouth, Massachusetts i CONTENTS 1 Introduction .......................................................................................................................................... 1 1.1 Permit Compliance ....................................................................................................................... 1 2 Documentation of Invasive Plants on Site .......................................................................................... 2 3 Methods of Invasive Plant Management ............................................................................................ 2 3.1 Preconstruction Invasive Plant Management ................................................................................ 5 3.2 Active Construction Invasive Plant Management ........................................................................ 6 3.2.1 Mechanical Management: Clearing .................................................................................... 6 3.2.2 Chemical Management: Herbicide Application .................................................................. 8 3.3 Postconstruction Invasive Plant Management .............................................................................. 8 4 Summary ............................................................................................................................................... 9 Tables Table 1. Invasive Plant Species Observed (May 2024) ................................................................................ 2 Table 2. Invasive Plant Species Management Matrix Details ....................................................................... 4 Table 3. Invasive Plant Management Timeline............................................................................................. 5 Invasive Plant Management Plan Bayview Bogs Ecological Restoration Design and Permitting Project, Yarmouth, Massachusetts 1 1 INTRODUCTION This Invasive Species Management Plan (IPMP) has been developed to provide guidance in the support of the Bayview Bogs Ecological Restoration Design and Permitting Project (the project) in West Yarmouth, Massachusetts. The goal of the project is to restore a retired 44-acre commercial cranberry bog on an 89-acre parcel (the project area). Approximately 18.5 acres of the cranberry bog was commercially harvested as recently as the 1990s, the remainder having been retired earlier; since then, the bog has sat untouched. Over the intervening 25 to 30 years, much of the retired cranberry bog has been significantly naturalized with a variety of both native and invasive vegetation. One of the project goals is to “improve nuisance issues such as … invasive plant species to the extent practical through design and management.” It is best practice to inventory, manage, and hopefully eliminate as many invasive plant populations as practicable prior to the start of physical restoration of the project area to better ensure the success of future native restoration plantings. Furthermore, the physical restoration (construction) of the project area will likely involve activities that will disturb soil and existing vegetation, which could spread the existing invasive plant populations and/or encourage new invasive plants to establish in the project area. This plan details the current presence of invasive plant species at the project area (to the extent possible given surveying time of year restrictions) and includes best management techniques at three different time periods: prior to, during, and following construction in the project area. All management strategies are listed by invasive plant species and/or groupings of species, as different invasive plants may require different management methods at different times of year. Furthermore, this plan includes suggestions regarding specific plants based on differing conditions throughout the site. Invasive plant management will improve the habitat value of the project area, protect the proposed landscape and restoration plantings, and prevent the future spread of invasive species from documented locations into uninfested sections of the project area. In addition to measurements of spread prevention, this plan specifies an invasive plant management goal to reduce or eliminate the cover of invasive plants found on the project area. While the target objective is to eliminate as many populations of invasive plants as possible before the start of construction in 3 to 5 years, this may not be possible for some species/populations. The precise plan of invasive plant management will need to be reevaluated annually along with follow-up monitoring to ensure the best possible outcome. If restoration/project construction is delayed by 1 or more years, SWCA recommends that this management plan be reassessed and adjusted depending on changes at the project area. 1.1 Permit Compliance Aside from the permitting required for the project restoration, there are two types of permits that will need to be acquired in order to implement this IPMP. First, the Conservation Commission will need to grant approval for the destruction of (invasive) vegetation via mechanical, manual, and chemical means within jurisdictional resource areas. A Notice of Intent (WM03) will likely be required for this first phase of the project (invasive plant management). Following the issuance of a resulting Order of Conditions, the party who will be conducting herbicide application will need to submit an application for a License to Apply Chemicals to Waters of the Commonwealth (WM04) on an annual basis within any years in which herbicides will be used on-site. Invasive Plant Management Plan Bayview Bogs Ecological Restoration Design and Permitting Project, Yarmouth, Massachusetts 2 2 DOCUMENTATION OF INVASIVE PLANTS ON SITE Fuss & O’Neill, Inc. (F&O), conducted the visual assessment and documentation of existing invasive plants at the project area and subcontracted a survey to be conducted by drone. The data collected by the drone assessment and by the visual assessments conducted on foot are presented herein. The drone assessment was completed by Fluid State Consulting on May 6, 2024. It should be noted that early May is too early to consistently and accurately identify many of the invasive plants noted on-site; therefore, the initial mapping included in this plan will need to be refined and reassessed. Once confirmed, these pre- restoration invasive plant locations will provide a baseline against which future invasive plant surveys should be compared. The locations of invasive plants observed during the May 2024 site visit are annotated in the Invasive Plant Locations Plan (Appendix B). F&O also took photographs of key invasive plant populations during the May 2024 visit, which are included in the attached photograph pages (Appendix C). While the invasives documented in Appendix A represent preconstruction conditions on the day of the site visit, these species-specific extents should be confirmed during the growing season. Furthermore, it is possible that other invasive plants may be observed on-site after the start of construction. Areas and densities of invasive plants documented during the preconstruction site visit may underrepresent the full extent of invasive plants throughout the project area, as this visit was conducted via drone. The species observed during the May 2024 surveys include all species detailed in Table 1 below. Table 1. Invasive Plant Species Observed (May 2024) Common Name Scientific Name Garlic mustard Alliaria petiolata Purple loosestrife Lythrum salicaria Porcelain berry* Ampelopsis brevipedunculata Phragmites Phragmites australis Japanese knotweed Fallopia japonica Japanese honeysuckle Lonicera japonica Asiatic bittersweet Celastrus orbiculatus Autumn olive Elaeagnus umbellata Buckthorn spp. Frangula & Rhamnus spp. Burning bush Euonymus alatus Shrub honeysuckle Lonicera spp. Multiflora rose Rosa multiflora Gray willow Salix atrocinerea * Listed as “likely invasive” by the Massachusetts Invasive Plant Advisory Group. Not technically invasive. 3 METHODS OF INVASIVE PLANT MANAGEMENT While all invasive plants observed on-site will be carefully managed, there are three identified that are more easily spread through construction activities than the others. These three are Japanese knotweed, phragmites, and purple loosestrife. These plants are at a higher concern for spread due to their ability to Invasive Plant Management Plan Bayview Bogs Ecological Restoration Design and Permitting Project, Yarmouth, Massachusetts 3 spread through rhizome fragmentation and/or very high seed distribution. While the invasive plants in the project area have been there for a number of years and have likely distributed a lot of seed over those years, limiting future seed disbursement should take place whenever possible. Herbicide application will be a critical means of invasive plant management prior to, during, and following the proposed ecological restoration project. While manual and mechanical methods of management are relatively effective on some species present (most woody invasives and garlic mustard), as a former cranberry bog, the project area presents inherent difficulties with access that will limit the use of these methods. Garlic mustard is likely the only invasive plant that will be able to be feasibly managed through manual means prior to the start of restoration construction. Once construction does start, particular care needs to be given when clearing vegetation and/or mobilizing through areas where Japanese knotweed, phragmites, and purple loosestrife exist. See Section 3.2.1.1 for more details on how to carefully work through areas containing these species. Management has been split up into three phases: preconstruction, during construction, and postconstruction. Preconstruction methods include predominantly herbicide applications; during construction, a combination of chemical and mechanical management; and postconstruction methods should be determined based on follow-up monitoring, but will likely predominantly include careful spot foliar and hand-pulling efforts. The full range of management methods for each species or grouping of invasive plant species is included in Table 2. There should be one herbicide application event per year for each species; however, species’ management timings differ, which means at least two application events/visits will be required each year. This frequency can be amended as needed based on follow-up monitoring. All herbicides will be applied using low-volume backpack sprayers, as access prevents any other application equipment. Herbicide will be mixed with non-ionic surfactant and a marking dye. This will allow applicators to conduct selective herbicide application and remain aware of all plants treated, which eliminates unnecessary overspray. Mechanical methods can effectively manage all of the woody invasive plants present, especially when used in concert with herbicide application. Such methods include clearing, grubbing, and other excavation activities, which will all occur during restoration construction. F&O should work closely with the ecological restoration contractor to most effectively use both mechanical and chemical means of invasive plant management to meet the goals of this project as well as the restoration schedule. The act of excavation can certainly aid in the management of all species present on site, with the exception of phragmites and Japanese knotweed. However, if soil is displaced from its original location, any movement of invasive-infested soil to other areas of the site will risk spreading those invasive plants. This is particularly a concern for species that spread not only through seed and fruit, but also fragmentation. Instead, invasive plants that spread via fragmentation should be left in place, including cuttings, to be treated again at a later date in order to control resprouting. Alternatively, species that spread via fragmentation can be carefully disposed of off-site at facilities that accept invasive material or at incineration facilities. The use of environmental management tools such as flooding will likely have little to no effect on the species present on site. While some may be stressed by this action, they are unlikely to be significantly reduced or die back completely as a result. Invasive Plant Management Plan | Bayview Bogs Ecological Restoration Design and Permitting Project | Yarmouth, Massachusetts 4 Table 2. Invasive Plant Species Management Matrix Details Type/Reproduction Invasive Plant Mechanical/Manual Herbicide Soil Displacement Preconstruction Recom. Non-woody and non-woody vines Fruit and seed Garlic mustard (Alliaria petiolata) Second year (flowering) growth populations: hand pull before seed development in May. First year growth (rosettes): foliar application with glyphosate in the late summer/fall Soil excavation and movement could result in the spread of seed. Seed may be widespread, and this may not be avoidable. Clean equipment before leaving area and avoid soil movement if feasible. Can be easily managed prior to construction if not widespread and scattered sparsely through project area. Purple loosestrife (Lythrum salicaria) Remove plants to the roots, allow to solarize; or Dispose of off-site or cut off flowering heads to avoid seeding – both when flowering. Foliar treatment: glyphosate or triclopyr when flowering (June–July) May be difficult to manage and construction excavation could be more cost-effective. Porcelain berry (Ampelopsis brevipedunculata) Small populations: hand-pulling prior to seed development (in August/September). Large populations: excavation possible, but likely to disperse seed. Large populations: foliar application with glyphosate prior to seed development (in August/September) If not widespread and sparsely scattered through project area, pre-treatment is preferred. Non-woody Fruit, seed, and plant/rhizome fragmentation Phragmites (Phragmites australis) Alternate cutting and herbicide application for best result in 1st and 2nd years as needed. Goal of cutting is to reduce full growth height of phragmites. Cut in June/early July. Dense stands: foliar Sparse plants: clip and drip1 Herbicide: glyphosate or imazamox Timing: late August to mid-October Avoid disturbing rhizomes – very high risk of spread due to fragmentation. Cutting above-ground material in dormancy is fine if necessary. If burying on-site, bury 10 feet (Japanese knotweed) or 15 feet (phragmites) deep. Phragmites and Japanese knotweed should be treated each year before construction to avoid spread during excavation. Japanese knotweed (Fallopia japonica) Cut by hand in the early summer in first year and foliar treat after if feasible. Foliar treatment: glyphosate If cutting isn’t feasible, treat as much of each population each year as possible (August–September) Vine (woody & non) Fruit, seed, and plant fragmentation Japanese honeysuckle (Lonicera japonica) Can be effectively reduced through mechanical (with larger equipment) activities, but as much of the root system should be removed as possible. Follow-up herbicide application will almost always be needed when taking this approach. Small/young vines: foliar Woody/mature vines: cut-stem as close to base as possible Herbicide: glyphosate or triclopyr Like with the non-woody and non-woody vines, these plants may have a large seed bank on site. Moving soil is not ideal but may not be avoidable. Clean equipment before leaving area and avoid soil movement if feasible. While possible to reduce the vast majority of biomass of these invasive plants during construction activities, there are multiple years before those activities will commence. These plants will continue to spread and grow, and it is recommended to manage those populations/individuals that are feasible to manage (due to access, budget, etc.) prior to construction. During and postconstruction herbicide application should be anticipated, especially if preconstruction herbicide application does not occur. Asiatic bittersweet (Celastrus orbiculatus) Woody Fruit and seed Autumn olive (Elaeagnus umbellata) Young individuals: foliar Mature individuals: cut-stem Mature trees: hack and squirt3 Herbicide: glyphosate or triclopyr Buckthorn spp. (Frangula & Rhamnus spp.) Burning bush (Euonymus alatus) Shrub honeysuckle (Lonicera spp.) Multiflora rose (Rosa multiflora) Woody Fruit, seed, and fragmentation Gray willow (Salix atrocinerea) Note: These herbicides are recommended for use. Either equivalent herbicides or similar herbicides may be used upon approval. “Mature” is defined as stems 1 or more inches in diameter; “Young” is defined as stems less than 1 inch in diameter. “Solarization” is defined as leaving vegetation in a single stockpile in a sunny area for at least three months to decay and become non-viable. is used to indicate recommended as primary management method. 1. Clip and drip is a method of management of phragmites where the stem is cut as close to the ground as possible (approximately 1 foot) and concentrated herbicide is sprayed or dripped into the hollow stem with a specialized tool that will accurately apply herbicide directly to the stem and not surrounding vegetation or substrate. 2. Any invasive plants (as defined by MIPAG and DEP’s Inland Wetland Replication Guidelines), regardless of their documentation in this IPMP, will be managed if observed within the management limits. 3. Hack and squirt involves cutting into the bark of a tree to expose the cambium to apply concentrated herbicide directly to this exposed part of tree/shrub. Invasive Plant Management Plan Bayview Bogs Ecological Restoration Design and Permitting Project, Yarmouth, Massachusetts 5 Invasive plant management should occur through all phases of this project. A detailed schedule of management activities is presented in Table 3 below. Table 3. Invasive Plant Management Timeline Season Task Fall 2024 Initial invasive plant management for all viable species – predominantly woody vegetation and phragmites. Late spring/early summer 2025, 2026, 2027 Hand-pulling and/or herbicide application to garlic mustard (depending on density/extent – if extensive, herbicide might be better). Summer 2025, 2026 Monitoring of invasive plants. Herbicide application to fruiting woody invasive plants and all herbaceous invasive plants. Cut phragmites and Japanese knotweed – leave stalks in place. Late summer/early fall 2025, 2026, 2027 Herbicide application to Japanese knotweed and phragmites. Retreatment of woody invasive plants as time and budget allow. Late summer/early fall 2027 Potential start of restoration construction. Late spring/early summer 2028, 2029, 2030 Hand-pulling and/or herbicide application to garlic mustard. Summer 2028, 2029, 2030, 2031, 2032 Monitoring of invasive plants and as-needed management accordingly. * Fall refers to September through October; spring refers to the start of the growing season through early June; and summer refers to June through August. See Table 1 for species-specific management windows. 1. Recommendation for at least three rounds of herbicide application to occur before the start of construction. If the number detailed above can be achieved, that would be preferred. 3.1 Preconstruction Invasive Plant Management Preconstruction invasive plant management will be critical to the success of invasive plant management throughout this restoration project. The goal for invasive plant management prior to the start of construction is to reduce the continued addition of invasive propagules to the seed bank and to eliminate as many highly aggressive species on the project area as possible. This is an important phase, because once construction starts, activity and disturbances across the project area greatly increase, thereby increasing the likelihood of invasive plant spread. Additionally, excavation will result in exposed soil throughout the project area, which will increase the risk of new invasive plant colonization. Some populations and species of invasive plants, such as those populations small enough to be fully treated during each management event, may be fairly easy to eradicate prior to construction. However, sparse populations or those scattered over large areas would be more difficult, as well as any significant populations of Japanese knotweed, phragmites, or purple loosestrife. Any woody invasive plants that are very tall and/or dense may also be difficult to effectively manage with herbicides or handheld equipment prior to construction. However, these should be relatively easy to manage during construction activities. Because access to large portions of the project area is limited, mechanical methods such as mowers or other heavy equipment will not be feasible before construction begins. Therefore, all invasive management methods recommended will be limited to those conducted on foot with handheld equipment. As the goal is to eliminate as many populations of invasive plants as possible and reduce those that cannot be eradicated prior to construction, herbicide application will be the primary management method recommended during this phase of the restoration project except for garlic mustard if it can be hand- pulled within a reasonable amount of effort. Invasive Plant Management Plan Bayview Bogs Ecological Restoration Design and Permitting Project, Yarmouth, Massachusetts 6 As stated in Table 2, herbicide application may be conducted via foliar or cut-stem application. Foliar herbicide application is typically performed by low-volume backpack sprayer, or if feasible and access allows, hydrosprayer. A hydrosprayer has a larger area of effect and is recommended when the size and density of the invasive plant population warrants it and where non-target impacts are less of a concern. The recommended tool for conducting cut-stem application is the Buckthorn Blaster®, a handheld applicator with a sponge tip. Where cut-stem applications are performed, cut material should be left in place to decompose naturally (as it ultimately would if it were not cut). Requiring cut material to be removed from the site could be cost-prohibitive depending on the size and volume of material. Cut material can be collected in small stockpiles and used as habitat features until construction starts, when they may be redistributed or disposed of off-site. The specific implementation method (herbicide application or mechanical management) will be determined by F&O and/or an invasive plant management contractor based on site conditions in the field. During the preconstruction phase, any mechanical management (i.e., cutting) to take place is recommended to be conducted with hedge trimmers, chain saws, or small hand tools (pruners, loppers, etc.) and should be performed in concert with herbicide application. Recommended herbicide application guidelines are indicated in Table 2. These management methods and timings have been included based on the ideal window for each invasive plant occurring on the project area. This timing is related to the flowering period for most invasive plants. The ideal timing for management is at or just after peak flowering. Any follow-up management to occur within the same growing season should occur a minimum of 2 to 3 weeks following any previous treatment. A minimum of three rounds of herbicide applications should occur prior to beginning construction; if possible, five rounds should occur. Monitoring should continue in between each field season and the precise plan of management should be refined based on the results of each invasive survey. All herbicides recommended for treatments in this IPMP are approved for use in wetlands and can be used in sensitive areas. The invasive plant management contractor should complete and submit Herbicide Use Reports after each application. 3.2 Active Construction Invasive Plant Management Invasive plant management via herbicide application is recommended to continue as restoration construction starts. However, the focus of management during this phase will shift to managing the spread of invasive plants and working with the site contractor’s clearing and site activities to properly time invasive plant management events. The site clearing and general construction activities will ultimately help in the reduction of invasive plants if performed properly and in line with the guidance detailed below. These types of construction activities can effectively eliminate many woody invasive plants; any resprouting growth can typically be easily treated via targeted spot foliar application of herbicide. 3.2.1 Mechanical Management: Clearing It is assumed that clearing will be performed with a combination of excavators and land clearing equipment. Any equipment that is used to clear vegetation and or excavate soil for an area that contains invasive plants must be cleaned prior to moving into uninfested areas of the project area or beyond. Equipment cleaning must be performed outside of wetland resource areas and their buffers and must always be conducted prior to moving into uninfested areas. See Section 3.2.1.1 for more details. If Japanese knotweed or phragmites must be cleared during the growing season, then it must be handled carefully and not mixed in with uninfested spoils or debris or spread to areas where it does not currently exist. Although a minimum of three rounds of herbicide should be applied to all Japanese knotweed, Invasive Plant Management Plan Bayview Bogs Ecological Restoration Design and Permitting Project, Yarmouth, Massachusetts 7 phragmites, and other invasive plants on-site prior to the start of construction, if any actively growing stands of either phragmites or Japanese knotweed remain, there may be viable rhizomes within the soil that could spread throughout the site. If areas with live Japanese knotweed and phragmites must be excavated, then all excavated material must be stockpiled or buried in-place. Stockpiling should be located in a stable area where potentially viable propagules cannot transport to other portions of the site or waterways. If burying invasive plants, phragmites should be buried at least 15 feet deep, Japanese knotweed at least 10 feet deep, and any other invasive at least 4 feet deep. Because of the risk of resprouting, it should be assumed that any locations where invasive plants are buried will need to be surveyed and managed as needed. Any mowing decks or mechanized equipment used for clearing or excavating these species must be cleaned thoroughly before moving on to clear other areas. Any stockpiled invasive plant material or soil within invasive-infested areas must be stockpiled separately from uninfested material and will be clearly labeled as an invasive stockpile area. Section 3.2.1.1 includes best practices for equipment cleaning and stockpiling. 3.2.1.1 EQUIPMENT CLEANING AND STOCKPILING – DURING CONSTRUCTION All equipment must be cleaned using brushes, water, or compressed air prior to leaving areas with existing populations of invasive plant species. Using a combination of brushes and other hand tools to loosen compacted soil is preferable to the other two options, as brushes and hand tools minimize the dispersal of any propagules. Any equipment that is used for the movement or clearing of soil within invasive populations must be cleaned prior to leaving the invasive-infested area. Cleaning should be performed on the tracks and buckets of any machines that have potentially encountered invasive root/propagule material. If hand tools are used in clearing, they must also be cleaned prior to use in non-infested work areas. Cleaning activities should occur outside of areas with disturbed soils and away from any surface waters to avoid the spread of seed material downstream. In order to reduce the potential spread of invasives from infested to uninfested areas, perimeter erosion controls should be installed around the invasive-infested areas, particularly when there is bare soil in either the uninfested or infested areas in question. A single line of straw bales around the area in which invasive plant propagules are cleaned from equipment is typically a sufficient barrier. Final project close- out operations will include disposal of these perimeter controls. As they may contain viable invasive propagules, the receiving facility should be informed of that possibility and should be equipped to ensure that the perimeter controls are not reused after disposal. All equipment used for the transport of invasive plant and root material must be inspected and cleaned prior to use with non-invasive materials. Any soil and plant material remaining on equipment should be assumed to contain invasive material. 3.2.1.2 SOIL MOVEMENT AND STOCKPILING If possible, soils within areas of invasive plant presence should remain in place. However, if soils need to be removed from areas of invasive infestation, the following precautions must be taken to reduce spread. This is more important for invasive plants that have multiple modes or particularly aggressive modes of growth, such as invasive plants with rhizomes or sections of roots that can regenerate from fragments (Japanese knotweed, phragmites, Asiatic bittersweet, etc.). See Table 2 for more species-specific Invasive Plant Management Plan Bayview Bogs Ecological Restoration Design and Permitting Project, Yarmouth, Massachusetts 8 recommendations on soil movement. Moving soil and potentially viable propagules from areas with these plants identified is not recommended. It may be unavoidable to move soils with other invasive seeds present; therefore, the entire project area should be surveyed and treated as necessary during each during and postconstruction management visit. Any stockpile locations for the project should be marked on the final restoration construction plans. The stockpile area must be surrounded by perimeter sediment and erosion controls to eliminate the displacement of any material during rain events. Should the stockpile area remain small, silt fence and straw bales will suffice for perimeter controls. However, should the stockpile area exceed a height of 5 feet, lined jersey barriers wrapped in a semi-permeable fabric should be installed to contain the larger volume of sediment that could mobilize during a large storm event. The invasive stockpile area must be specifically inspected and treated during each herbicide application event. Secondary stockpile locations should only be established if required and must follow all precautions outlined above. All soils in areas that have been treated, and that are subsequently scheduled for excavation, may be considered suitable for reuse contingent on F&O’s determination that no evidence of invasive plant propagation has been documented for a 6-month period prior to excavation. Stockpile areas should be exposed and/or overturned multiple times before this determination is made. 3.2.2 Chemical Management: Herbicide Application Additional herbicide application efforts may be required to limit the spread of invasive plants across the project area following clearing and grubbing activities. All invasive plants should be targeted during each management visit, regardless of whether they were identified or treated during the preconstruction phase. Any new invasive plant locations found should be documented and monitored during future management events. The recommended application methods and schedule are outlined in Tables 2 and 3. All herbicides recommended for treatments in this IPMP are approved for use in wetlands and can be used in sensitive areas. The invasive plant management contractor should complete and submit Herbicide Use Reports after each application. 3.3 Postconstruction Invasive Plant Management The first 5 years following the implementation of the ecological restoration design are critical to the success of the invasive plant management strategy. Invasive plant management should continue for at least 5 years following the initiation of construction activities. A License to Apply Pesticides to Waters of the State Permit should be requested annually where management is proposed. Each year, the invasive species presence at the site should be mapped and the relative abundance and density of the invasive plant populations should be documented. Following the mapping and documentation of the invasive plant species, management techniques should be employed as directed within Table 2 of this IPMP. Applicators may alter the management timing and frequency depending on the needs of the project area. Every site is different, and the dynamics of each invasive plant population are very hard to predict based on their dispersal over the project area, age and extensiveness of root systems, viable seed bank on site, along with other factors. Over time, as invasive plant populations within the project area decline, the frequency of management efforts should diminish. It is recommended to document management efforts and results regularly, such as a yearly report that includes photographs of the invasive plants and management events, pesticide use reports, and recommendations for future management. Invasive Plant Management Plan Bayview Bogs Ecological Restoration Design and Permitting Project, Yarmouth, Massachusetts 9 4 SUMMARY F&O will work closely with the restoration contractor and invasive plant management contractor to manage invasive plants as early as feasible prior to construction and through the end of the monitoring period, which is projected to end in November 2032. The schedule presented in Table 3 is based on this preliminary estimation of timing and should be adjusted as permits and design documents are finalized. An invasive plant management contractor should be engaged to conduct herbicide application to all invasive plants observed on-site during all management events, as detailed in Section 3 of this IPMP. Regular documentation such as Pesticide Use Reports should be submitted after all management events. It is recommended that full invasive plant surveys be conducted by F&O or their subcontractors in the late spring/early summer of each year following the initial invasive plant management event. The results of each survey will determine the precise invasive plant management plan for the upcoming management season. However, the management methods outlined in this IPMP include the recommended methods and guidelines from which annual plans will be determined. A brief report on the changes in invasive plant coverage as well as all management activities performed should be recorded at the end of each year to document the progress of invasive plant management within the project area. This report should include a figure depicting the locations of invasive plant management and should detail the state of invasive plant presence in each treatment area. APPENDIX E Abutter Information Notification to Abutters under the Massachusetts Wetlands Protection Act and the Yarmouth Wetlands Bylaw In accordance with the Massachusetts Wetlands Protection Act and the Yarmouth Wetlands Bylaw you are hereby notified of the following: The Yarmouth Conservation Commission will hold a hybrid under the provisions of the Act and Bylaw for an Ecological Restoration Notice of Intent from Fuss and O’Neill for proposed invasive species management on a parcel located off Bayview Road at 0 Rosetta Street (Assessor Map 28, Lot/Parcel 58.1.1). The project proposes temporary impacts to Coastal Bank; Land Subject to Tidal Action; Land Subject to Coastal Storm Flowage; Bordering Vegetated Wetlands; 100-foot, 50-foot, and 35-foot Buffer Zones; and Riverfront Area as a result of targeted invasive species management. No other resource areas will be affected, and no permanent impacts are proposed by the project. Copies of the application can be viewed at the Yarmouth Conservation Commission located at 1146 Route 28, South Yarmouth, Massachusetts 02664. For more information, please contact the Yarmouth Conservation Commission at (508) 398-2231 or the Massachusetts Department of Environmental Protection (MassDEP) Southeast Regional Office (SERO) at (508) 946-2700. From:Allen, David To:Chase Bernier Subject:0 Rosetta St Date:Monday, May 5, 2025 10:27:27 AM Attachments:0 Rosetta St WY 28.58.1.1.pdf Good morning Chase, Attached is the abutters list you requested. Thank you, David Allen Town of Yarmouth Assessors Office 28/ 122/ / / TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH, MA 02664-4463 28/ 121/ / / TESSMER J RICHARD TR J RICHARD TESSMER 1996 TRUST 9 HALES HOLLOW DOVER, MA 02030 20/ 57/ / / TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH, MA 02664-4463 28/ 123/ / / MCNEILL LAURIE ANN 25 WEST MALTBIE AVE SUFFERN, NY 10901 28/ 124/ / / DIMICHELE ANTONIO DIMICHELE ANTONIETTA S 101 STONEHILL RD EAST LONGMEADOW, MA 01028 28/ 125/ / / BISHOP RICHARD A 17 POINT OF ROCKS RD YARMOUTH PORT, MA 02675-2077 28/ 149/ / / PICCOLO CLAIRE M C/O CLAIRE F LINNAN 16 RUSSO RD WEST YARMOUTH, MA 02673-8251 28/ 150/ / / FABER RICHARD M CO-TRS C/O FABER PRISCILLA H 38 NEW HAVEN RD SEYMOUR , CT 06483 20/ 40/ / / HAMMETT DANA HAMMETT DAWN 35 VISCOUNT RD LONGMEADOW, MA 01106 20/ 31/ / / SHRAGO ELLEN LINDA TRS SHRAGO JEFFREY K TRS 9544 NEWBRIDGE DRIVE POTOMAC, MD 20854 20/ 87/ / / GREELEY CHRISTINE K TR 48 GLENWOOD ST WEST YARMOUTH, MA 02673 20/ 85/ / / DORAN MARK DORAN 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