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HomeMy WebLinkAboutNOI 7.1.2025STRONGTREE ENGINEERING WWW.STRONGTREE.ENGINEERING To: Town of Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02644 Sending Via: Hand Delivery x Plans x Check(s) Attachments: 8 - 24 x 36 Plans 1- Complete NOI filing package Remarks: Transmittal Letter Specifications Sample x Reports Other: Please let us know if there is anything else we can provide. Signed: Jack O'Leary Copies To: N/A Date:07/01/2025 Contract Documents Buffer Zone Restoration Project 11 Elizabeth Lane Yarmouth, MA Notice of Intent Project Narrative June 26, 2025 TABLE OF CONTENTS Summary Page 2 1.0 General Site Description Page 3 1.1 Soil and Groundwater Page 3 1.2 FEMA Designation Page 3 1.3 Rare Species Page 3 1.4 ACEC Page 4 1.5 Wetland Resource Areas Page 4 2.0 Proposed Project Page 4 2.1 Erosion Control Page 5 ATTACHMENT A — FIGURES Figure 1— USGS Topographic Map Figure 2 — FEMA Flood Zone Map Figure 3 — MassDEP Wetlands Figure 4 — NHESP Habitat Figure 5 — NRCS Soils Map ATTACHMENT B — SITE PHOTOGRAPHS ATTACHMENT C — PROPOSED RESTORATION PLAN ATTACHMENT D— WETLAND FIELD INSPECTION AND DELINEATION REPORT & DEP DATA SHEETS ATTACHMENT E — MASSDEP WPA NOI FORM 3 AND FEE TRANSMITTAL FORM SUBMISSION CONFIRMATION ATTACHMENT F — YARMOUTH ASSESSORS CERTIFIED ABUTTERS LIST AND PROOF OF CERTIFIED MAILINGS ATTACHMENT G — YARMOUTH CONSERVATION COMMISSION CHECKLISTS AND TOWN FORMS Notice of Intent Project Narrative Buffer Zone Restoration Project 11 Elizabeth Lane Yarmouth, MA Summary The Applicant, Gerry Mulligan, proposes to remove a portion of the existing rear patio from the 50' buffer zone and restore areas located within that area at his single-family residence located at 11 Elizabeth Lane in Yarmouth, Massachusetts, referred to as the "Site". The Site is located at the end of Elizabeth Lane with frontage on the south end of Big Sandy Pond. The proposed restoration work is located within 100' of the Bordering Vegetated Wetland (BVW) associated with the pond which indicates the necessity of filing a Notice of Intent, as stipulated under the Massachusetts Wetlands Protection Act (WPA) and the Town of Yarmouth Wetland Protection Regulations. The parcel is approximately 0.73 acres and contains a single-family dwelling, attached rear deck, rear patio, driveway, and appurtenances. The property is not located within a Massachusetts Endangered Species Act (MESA) Estimated Habitats of Rare Wildlife although, the rear portion of the site is located in a Priority Habitats of Rare Species that encircles all of Big Sandy Pond, as defined by the Massachusetts National Heritage and Endangered Species Program (NHESP). Erosion and sediment controls will be implemented during the proposed site work and is shown on the restoration plan. A discussion of proposed restoration work is detailed below. Anticipated list of required permits; Yarmouth Conservation Commission Order of Conditions (OOC) for review of the proposed restoration work. 1.0 General Site Description The Site is located at the end of Elizabeth Lane in West Yarmouth, MA. The property borders the southern edge of Big sandy Pond where there is a narrow section of associated bordering vegetated wetland (BVW) at the edge of the pond which extends to the west to a wooded swamp (WS) both shown on the plan and attachments (see attached Figure 3-MassDEP Mass Mapper Wetlands) and the Wetland Field Inspection and Delineation Report dated April 24, 2025. On this property there is an existing single-family dwelling with an associated deck and patio located to the rear of the structure. Currently there is a dry block and concrete paver patio 2 located within 39.4' of the wetland resource area and these are shown on the attached Proposed Restoration Plan. 1.1 Soil and Groundwater Based on available data and maps (see attached Figure 5-Soil Map) from the US Department of Agriculture (USDA) Natural Resource Conservation Service (NRCS), the soils in the vicinity of the existing dwelling are considered to be Carver coarse sand, with 3 to 8% slopes (Map Unit 252B), which are coarse sands typically associated with outwash plains, excessively drained soils with low run- off potential. The developed portion of the site sets high above Big Sandy Pond and groundwater in this soil is considered to be at or near elevation 15.0. 1.2 FEMA Designation According to the FEMA Flood Insurance Rate Map (Panel No. 25001C0586J, effective July 16, 2014)), a portion of this parcel at the edge of Big Sandy Pond is located within an 'T' Flood Zone - Area of Minimal Flood Hazard. (see attached, Figure 2- FEMA Flood Zone Map). 1.3 State -listed Rare Species Habitat, Estimated Rare Wildlife Habitat, and Vernal Pools According to the most recent version of the Massachusetts Natural Heritage Atlas (15,h Edition, August 1, 2021) and NHESP data available on MassGIS online, there is mapped Priority Habitat of Rare Species that covers roughly half of the property, that portion closest to Big Sandy Pond. Its location is depicted on the Proposed Restoration Plan and encircles Big Sandy Pond in its entirety. (see attached, Figure 4-NHESP Priority Habitat Map). According to the MassGIS data layer, there are no certified or potential vernal pools on or near the Site. NHSEP only reviews activity through the NOI process if it is in Estimated Habitat. This activity is in Priority Habitat and is exempt from review since it is a lot less than 2 acres in an approved subdivision (321 CMR 10.14). Also, restoration of a disturbed area would act to enhance wildlife values. 1.4 Areas of Critical Environmental Concern (ACEC) According to Massachusetts Department of Conservation and Recreation (DCR) maps and regulations, no portion of the property or proposed work area falls within an Area of Critical Environmental Concern (ACEC). 3 1.5 Wetland Resource Areas Wetland resource area delineations were conducted by Professional Wetland Scientist, John F. McGrath, Jr., on April 10, 2025. Resource areas were delineated in accordance with Delineating Bordering Vegetated Wetlands (BVW) under the Massachusetts Wetlands Protection Act (WPA) (September 2022). A copy of the Wetland Field Inspection and Delineation Report dated April 24, 2025 and DEP Data Sheets were completed and are attached to the N01 filing. 2.0 Proposed Project The Applicant proposes to remove the existing modular concrete block retaining wall and portion of the patio area that is located within the 50' buffer zone of the BVW and restore the area with native shrubs in accordance with the Proposed Restoration Plan. The sequence of proposed work is as follows: 1. Post DEP signage and construct erosion control barriers. Notify Conservation Agent for inspection prior to work. 2. Remove the modular concrete block retaining wall and dry placed pavers from the 50' buffer zone and store outside of the 50' buffer zone area. Remove and store black metal fence for reuse. 3. Remove stone dust base from the 50' buffer zone and transport to a location off -site. 4. Replace areas where stone dust was removed from the 50' buffer zone with native topsoil. 5. Reconstruct modular concrete block retaining wall at the new edge of patio outside of the 50' buffer zone. 6. Plant medium-sized native shrubs as specified on the Proposed Restoration Plan. 7. Stabilize exposed soil with wood chips and seed as specified on the Proposed Restoration Plan. 8. Re-establish the modular black metal fence currently located in the rear yard area outside the 50' buffer zone limit. 4 2.1 General Erosion and Sedimentation Control The Applicant will implement best management practices (BMP) for erosion and sediment control to protect downgradient areas by implementing a sediment and erosion control program during and immediately following work activities as shown on the Proposed Restoration Plan. The amount of land disturbed during construction will be minimized to reduce the potential for erosion and sedimentation. Silt sock or straw wattle barrier (8-inch minimum) will be installed along the limits of work and the property lines, as well as immediately north and south of the work area. These measures will be staked in place (stakes driven to a minimum of 6" below surface grade), remain in place, and be maintained in good condition until demobilization of equipment and surface vegetation (grass) establishment is achieved to stabilize all disturbed soils. All work will be conducted by small machinery (skid steer, mini excavator, etc.). Any stockpiled soil, sand, or gravel will be surrounded by a staked silt sock or straw wattle barrier (8-inch diameter minimum) when not in use. 5 Buffer Zone Restoration Project 11 Elizabeth Lane Yarmouth, MA Notice of Intent Project Narrative June 26, 2025 TABLE OF CONTENTS Summary Page 2 1.0 General Site Description Page 3 1.1 Soil and Groundwater Page 3 1.2 FEMA Designation Page 3 1.3 Rare Species Page 3 1.4 ACEC Page 4 1.5 Wetland Resource Areas Page 4 2.0 Proposed Project Page 4 2.1 Erosion Control Page 5 ATTACHMENT A — FIGURES Figure 1— USGS Topographic Map Figure 2 — FEMA Flood Zone Map Figure 3 — MassDEP Wetlands Figure 4 — NHESP Habitat Figure 5 — NRCS Soils Map ATTACHMENT B — SITE PHOTOGRAPHS ATTACHMENT C — PROPOSED RESTORATION PLAN ATTACHMENT D— WETLAND FIELD INSPECTION AND DELINEATION REPORT & DEP DATA SHEETS ATTACHMENT E — MASSDEP WPA NOI FORM 3 AND FEE TRANSMITTAL FORM SUBMISSION CONFIRMATION ATTACHMENT F—YARMOUTH ASSESSORS CERTIFIED ABUTTERS LIST AND PROOF OF CERTIFIED MAILINGS ATTACHMENT G — YARMOUTH CONSERVATION COMMISSION CHECKLISTS AND TOWN FORMS ATTAcUMENT A Figures 11 Figure 1 USGS Topographic Map '['I Elizabeth Lane, West Yarmouth, n x Q% a o'o� �cII O W LLwp m m Qi� Ox n°s R LLk °o v o L 3 a .umo c m o c tL .;-i_ m @ II N 6 �w LL o o L c a m ' c _ LL O O a m U Ct C O S z 'O II N Z N£ (6 � .my. ti 3 W m _ ct0i �? > 3 U m y li m) tQ N = d O 47 U 'Y p C W 7 i L m N c� 3 il! 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Ea L m f� O O a 8 0 46 £ y y Q> y tl1 U C 15 O 002,0 Z ;a A — W Om L Nj G cx L6 G 3� ar Q£ N .yr N C a N NII fGZ O NJ +n vfcm £'O uw oa CL oo£N miy-,LLfl L. mz�omma �da�cicn Q N—' m L N N E V N£ 601 3 FIIF A £.CD 0 Lq r a 0 T C) N Figure 3 MassDEP Mass Mapper Wetlands 11 Elizabeth Lane, West Yarmouth Figure 4 Mass Mapper NHESP Habitat 11 Elizabeth Lane, West Yarmouth, MA ATTACHMENT B Site Photographs NE E SE S 30 e0 90 120 150 180 1_ I I• !: !! i i i �I I• I 1 I• -1 1 I•! i' AW k, Z �"'t f i41 Fil 25097 11 EI_ ZAB i H LN YAR-MOUTH" STRO I a TREE E IGAI EERING 21 f ant° 2025, 12:32:56 - W NW N NE 240 270 300 330 0 30 6C • I #. I i I i' f I• i I t I I• f 1 I, I I" f � � Piz%•��4k� 3� l,. � 25097 11 EUZARETH I N Y.EkRMOUTH STRG qG TREE ENG EER"I i3 21 Mat 2095, 12'32:30 PHOTO LOG PROJECT LOCATION - RESIDENCE AT 11 Elizabeth Lane, Yarmouth DATE OF PHOTOS -May 21, 2025 Facing North EST M1 TREE` Backyard facing SW PHOTO LOG PROJECT LOCATION - RESIDENCE AT 11 Elizabeth Lane, Yarmouth DATE OF PHOTOS -May 21, 2025 0 346-N (T) LAT: 41.659415 LON:-70.238884 ±9ft A 27ft Front view of the house ® 358°N (T) LAT. 41.659534 LON-70.238981 ±16ft A 30ft Front patio ATTACHMENT C Proposed Restoration Plan ATTACHMENT D Wetland field inspection and delineation report & DEP Data sheets EST MWZZ 2021 Date: April 24, 2025 RE: Wetland Field Inspection & Delineation, Job # 25097 Project Address: 11 Elizabeth Lane, West Yarmouth, MA On Thursday, April 24, 2025, a site inspection was made on the above referenced property. The purpose of the inspection was to delineate a bordering vegetated wetland area located along the southwest corner of Big Sandy Pond. The methodology considered for establishing and reviewing the BVW boundary follows the Massachusetts Department of Environmental Protection September 2022 publication, "Delineating Bordering Vegetated Wetlands". The wetland boundary was delineated with pink survey ribbon. The wetland boundary delineated commences with boundary marker "ST-1" opposite the northeast property corner at the Pond and terminates with wetland boundary marker "ST-12" near the northwest property corner where the pond connects to a Wooded Swamp. These wetland areas are both depicted on the current online MassDEP Wetland Map as an "Open Water" (OW) and a "Wooded Swamp`; (WS). Wetland plant species identified during my inspection included Red maple, Black tupelo, Highbush blueberry, Sweet pepperbush, Swamp sweetbells, Swamp azalea, sphagnum mosses and other wetland indicator species. Upland plant species identified included Red oak, White oak, Common sassafras, Pennsylvania sedge, Wintergreen and other upland plant species. Hydric soil profiles observed in the BVW included thin mucky Loamy Sands 10YR 3/1, over a reduced Bg horizon, 10YR 6/1. Non-hydric soil profiles in the uplands consist of thin Loamy Sand A/E horizons over a bright sandy i_oam Bw1 horizon, 10YR 5/6. The Barnstable County Soil Survey information from the UCDAViS MRCS website describes the predominant soil series associated with this site as a non-hydric Carver Series. www.strongtreeengineering.com (774) 559-3942 Screen shot of property location taken from the MassaEP Wetland Map Photograph taken on 4/24/2025 of the wetland area facing west www.stronetree.eneineerine (774) 559-3942 Indicators of wetland hydrology were observed in the BVW where saturated soil was found in test holes at 5"-6" below the surface. In addition, elevated tree root systems, water -stained leaves and water marks were also observed in the BVW. DEP Data Forms were prepared and are attached to this report. In addition to wetland resource area considerations, the subject property is shown in a NHESP Priority Habitats of Rare Species area on the current Mass Mapper overlay and may require a filing with NHESP. John F. McGrath, Jr. John F. McGrath, Jr., MS, RS, PWS Senior Wetland Scientist Strong Tree Engineering iohn. mcerath C@strongtree.eneineerine www.strongtree.engineering (774) 559-3942 BORDERING VEGETATED WETLAND DETERMINATION FORM Project/Site: 11 Elizabeth Lane City/Town: Yarmouth, MA Sampling Date: 4/24/2025 Applicant/Owner: Gerard Mulligan Sampling Point or Zone: Point #1, ST-2 Investigators): John F. McGrath, Jr., PWS Latitude / Longitude: 41-39-35.2N, 70-14-19.3W Soil Map Unit Name: Carver Series NWI or DEP Classification: Upland area Are climatic/hydrologic conditions on the site typical for this time of year? Yes=No = (If no, explain in Remarks) Are Vegetation �, Soil , or Hydrology significantly disturbed? (if yes, explain in Remarks) Are Vegetation 0 , Soil , or Hydrology 0 naturally problematic? (if yes, explain in Remarks) SUMMARY OF FINDINGS — Attach site map and photograph log showing sampling locations, transects, etc. Wetland vegetation criterion met? YesONo I r I Is the Sampled Area Yes= No 1-71 Hydric Soils criterion met? YesNo ✓Q within a Wetland? Wetlands hydrology present? Yes®No Q Remarks, Photo Details, Flagging, etc.: Plot above and in the vicinity of ST-2 within the upland area. HYDROLOGY Field Observations: Surface Water Present? Yes= No r Depth (inches) Water Table Present? Yes 0 No Depth (inches) Saturation Present (including capillary fringe)? Yes= No F_7 - Depth (inches) Wetland Hydrology Indicators Reliable Indicators of Wetlands Indicators that can be Reliable with Indicators of the Influence of Water Hydrology Proper Interpretation =Water -stained leaves =Hydrological records I Direct observation of inundation =Evidence of aquatic fauna =Free water in a soil test hole Drainage patterns =Iron deposits Saturated soil Drift lines Algal mats or crusts Water marks Scoured areas Oxidized rhizospheres/pore Moss trim lines Sediment deposits linings [Thin muck surfaces = Presence of reduced iron Surface soil cracks (Plants with air -filled tissue = Woody plants with adventitious Sparsely vegetated concave (aerenchyma) =Plants with polymorphic leaves roots = Trees with shallow root systems surface Microtopographic relief =Plants with floating leaves Woody plants with enlarged Geographic position (depression, = Hydrogen sulfide odor lenticels toe of slope, fringing lowland Remarks (describe recorded data from stream gauge, monitoring well, aerial photos, previous inspections, if available): i nis form is only for BVW delineations. Other wetland resource areas may be present and should be delineated according to the applicable regulatory provisions. Form Revised July 2023 Sampling Point Point41. ST-2 VEGETATION - Use both common and scientific names of plants. Tree Stratum Plot size 20' (steep slope) Indicator Absolute Dominant? Wetland Status % Cover (yes/no) Indictor? Common name Scientific name (yes/no) 1. Red oak FACU 80.0 Yes No 2. Black tupelo FACW 10.0 No Yes 3. 4. S. 6. 7. 8. 9. 90.0 = Total Cover Shrub/Sapling Stratum Plot size 15' Indicator Absolute Dominant? Wetland Status % Cover (yes/no) Indictor? Common name Scientific name (yes/no) 1. Sweet pepperbush FAC 50.0 Yes Yes 2. 3. 4. S. 6. 7. 8. 9. 50.0 = Total Cover Herb Stratum Plot size 5' Indicator Absolute Dominant? Wetland Status % Cover (yes/no) Indictor? Common name Scientific name (yes/no) 1. Pennsylvania sedge FACU 30.0 Yes No 2. Wintergreen FACU 5.0 No No 3. 4. 5. 6. 7. 8, 9. 10. 11. 12. 35.0 = Total Cover Form Revised July 2023 Sampling Point Point *1. sT-2 VEGETATION — continued. Woody Vine Stratum Plot size Indicator Absolute Dominant? Wetland Status % Cover (yes/no) Indictor? Common name Scientific name (yes/no) 1. 2. 3. 4. 0.0 = Total Cover Rapid Test: Do all dominant species have an indicator status of OBL or FACW? Yes Lj No Dominance Test: Number of dominant species Number of dominant species that are wetland indicator plants Do wetland indicator plants make up _> 50% of dominant plant species? Yes _—NoFV I_ 3 1 Prevalence Index: OBL species Total % Cover (all strata) Multiply by: Result X 1 =a FACW species X 2 = a FAC species X 3 = o FACU species X 4 = o UPL species X 5 =o Column Totals (A) o (B)a Prevalence Index B/A = O Is the Prevalence Index <_ 3.0? Yes __No�_ Wetland vegetation criterion met? Yes No FVI_ Definitions of Vegetation Strata Tree - Woody plants 3 in. (7.62 cm) or more in diameter at breast height (DBH), regardless of height Shrub / Sapling - Herb - Woody vines - Woody plants less than 3 in. (7.62 cm) DBH and greater than or equal to 3.3 ft. (1 m) tall All herbaceous (non -woody plants, regardless of size, and woody plants less than 3.3 ft. (1 m) tall All woody vines greater than 3.3 ft. (1 m) in height Cover Ranges Range Midpoint 1-5 % 3.0 % 6-15 % 10.5 % 15-25 % 20.5 26-50 % 38.0 % 51-75 % 63.0 % 76-95 % 85.5 % 96-100 % 98.0 Form Revised July 2023 SOIL Sampling Point Point 41, ST-2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) °I Typel Location2 Texture Remarks 0"-2" 10YR 3/1 100 Loamy Sand A/E 2"-14" 10YR 5/6 100 Sandy Loam Bw 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains 2Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators (Check all that apply) �Histosol (Al) ❑ Polyvalue Below Surface (S8) Indicators for Problematic Hydric Soils F-1 2 cm Muck (A10) Histic Epipedon (A2) Thin Dark Surface (S9) 5 cm Mucky Peat or Peat (S3) 1_1Black Histic (A3) Loamy Gleyed Matrix (F2) ❑Iron -Manganese Masses (F12) Hydrogen Sulfide (A4) Depleted Matrix (F3) ❑ Stratified Layers (AS) Redox Dark Surface (176) [MI;;:TDepleted Below Dark Surface (A11) Depleted Dark Surface (F7) ❑ Mesic Spodic (A17) ❑ Red Parent Material (F21) Q Very Shallow Dark Surface (F22) hick Dark Surface (Al2) ❑ Redox Depressions (F8) Sandy Mucky Mineral (S1) Sandy Gleyed Matrix (S4) Sandy Redox (S5) ❑ Other (Include Explanation in Remarks) ❑Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed) Type: Depth (inches): Remarks: Profile in upland vary, A/E with bright Bw, matched Carver Series profile. Hydric Soils criterion met? Yes M No I Form Revised July 2023 BORDERING VEGETATED WETLAND DETERMINATION FORM Project/Site: 11 Elizabeth Lane Applicant/Owner: Gerard Mulligan City/Town: Yarmouth, MA Sampling Date: 4/24/2025 Sampling Point or Zone: Point#1, ST-2 Investigator(s): John F. McGrath, Jr., PWS Latitude / Longitude: 41-39-35.2N, 70-14-19.3W Soil Map Unit Name: Carver Series NWI or DEP Classification: upland area Are climatic/hydrologic conditions on the site typical for this time of year? Yes[ No =(If no, explain in Remarks) Are Vegetation _, Soil 0 , or Hydrology significantly disturbed? (If yes, explain in Remarks) Are Vegetation 0 , Soil 0 , or Hydrology 0 naturally problematic? (if yes, explain in Remarks) SUMMARY OF FINDINGS — Attach site map and photograph log showing sampling locations, transects, etc. Wetland vegetation criterion met? Yes No Is the Sampled Area Yes= No LJ Hydric Soils criterion met? YesNo Iu within a Wetland? Wetlands hydrology present? YesNo = Remarks, Photo Details, Flagging, etc.: Plot above and in the vicinity of ST-2 within the upland area HYDROLOGY Field Observations: Surface Water Present? Yes= No L� Depth (inches) Water Table Present? Yes= No � Depth (inches) Saturation Present (including capillary fringe)? Yes No F77 Depth (inches) Wetland Hydrology Indicators Reliable indicators of Wetlands Indicators that can be Reliable with Indicators of the Influence of Water Hydrology Proper Interpretation =Water -stained leaves = Hydrological records Direct observation of inundation =Evidence of aquatic fauna =Free water in a soil test hole Drainage patterns =iron deposits Saturated soil Drift lines Algal mats or crusts Water marks Scoured areas Oxidized rhizospheres/pore Q Moss trim lines Sediment deposits linings Thin muck surfaces Presence of reduced iron Surface soil cracks Plants with air -filled tissue Woody plants with adventitious Sparsely vegetated concave (aerenchyma) =Plants with polymorphic leaves roots =Trees with shallow root systems surface Microtopographic relief =Plants with floating leaves = Woody plants with enlarged Geographic position (depression, = Hydrogen sulfide odor lenticels toe of slope, fringing lowland Remarks (describe recorded data from stream gauge, monitoring well, aerial photos, previous inspections, if available): This form is only for BVW delineations. Other wetland resource areas may be present and should be delineated according to the applicable regulatory provisions. Form Revised July 2023 Sampling Point Point#1, ST-2 VEGETATION - Use both common and scientific names of plants. Tree Stratum Plot size 20' (steep slope) Indicator Absolute Dominant? Wetland Status % Cover (yes/no) Indictor? Common name Scientific name (yes/no) 1. Red oak FACU 80.0 Yes No 2. Black tupelo FACW 10.0 No Yes 3. 4. 5. 6. 7. 8. 9. 90.0 = Total Cover Shrub/Sapling Stratum Plot size's' Indicator Absolute Dominant? Wetland Status % Cover (yes/no) Indictor? Common name Scientific name (yes/no) 1. Sweet pepperbush FAC 50.0 Yes Yes 2. 3. 4. 5. 6. 7. 8. 9. 50.0 = Total Cover Herb Stratum Plot size 5' Indicator Absolute Dominant? Wetland Status % Cover (yes/no) Indictor? Common name Scientific name (yes/no) 1. Pennsylvania sedge FACU 30.0 Yes No 2. Wintergreen FACU 5.0 No No 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 35.0 = Total Cover Form Revised July 2023 Sampling Point Pdnt41, ST-2 VEGETATION — continued. Woody Vine Stratum Plot size Indicator Absolute Dominant? Wetland Status % Cover (yes/no) Indictor? Common name Scientific name (yes/no) 1. 2. 3. 4. 0.0 = Total Cover Rapid Test: Do all dominant species have an indicator status of OBL or FACW? Yes Lj No Dominance Test: Number of dominant species Number of dominant species that are wetland indicator plants Do wetland indicator plants make up >_ 50% of dominant plant species? Yes __ No [ 1_ 3 1 Prevalence Index: OBL species Total % Cover (all strata) Multiply by: Result X 1 =0 FACW species X 2 =0 FAC species X 3 = 0 FACU species X 4 = 0 UPL species X 5 =0 Column Totals (A) 0 (B)0 Prevalence Index B/A = O Is the Prevalence Index :5 3.0? Yes _= No = Wetland vegetation criterion met? Yes No _ Definitions of Vegetation Strata Tree - Woody plants 3 in. (7.62 cm) or more in diameter at breast height (DBH), regardless of height Shrub / Sapling - Herb - Woody vines - Woody plants less than 3 in. (7.62 cm) DBH and greater than or equal to 3.3 ft. (1 m) tall All herbaceous (non -woody plants, regardless of size, and woody plants less than 3.3 ft. (1 m) tall All woody vines greater than 3.3 ft. (1 m) in height Cover Ranges Range Midpoint 1-5 % 3.0 % 6-15 °%0 10.5 % 15-25 % 20.5 % 26-50 % 38.0 % 51-75 % 63.0 % 76-95 % 85.5 % 96-100 % 98.0 Form Revised July 2023 SOIL Sampling Point Point #1, ST-2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Location' Texture Remarks 0"-2" 10YR 3/1 100 Loamy Sand A/E 2"-14" 10YR 5/6 100 Sandy Loam Bw 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains 2Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators (Check all that apply) Indicators for Problematic Hydric Soils LaHistosol (Al) ❑ Polyvalue Below Surface (S8) a2 cm Muck (A10) Histic Epipedon (A2) Thin Dark Surface (S9) 5 cm Mucky Peat or Peat (S3) Black Histic (A3) Loamy Gleyed Matrix (F2) ❑ iron -Manganese Masses (F12) Hydrogen Sulfide (A4) Depleted Matrix (F3) ❑ Mesic Spodic (A17) Stratified Layers (AS) Redox Dark Surface (F6) ❑ Red Parent Material (F21) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) ❑ Very Shallow Dark Surface (F22) Thick Dark Surface (Al2) n Redox Depressions (F8) Sandy Mucky Mineral (S1) Sandy Gleyed Matrix (S4) Sandy Redox (S5) ❑ Other (include Explanation in Remarks) =Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed) Type: Depth (inches): Remarks: Profile in upland vary, AtE with bright Bw, matched Carver Series profile. Hydric Soils criterion met? Yes - No Form Revised July 2023 BORDERING VEGETATED WETLAND DETERMINATION FORM Project/Site: 11 Elizabeth Lane City/Town: Yarmouth, MA Sampling Date: 4/24/2025 Applicant/Owner: Gerard Mulligan Sampling Point or Zone: Point #2, ST-2 Investigator(s): John F. McGrath, Jr., PWS Latitude / Longitude: 41-39-35.2N, 70-14-19.3W Soil Map Unit Name: Carver Series NWI or DEP Classification: Wetland area Are climatic/hydrologic conditions on the site typical for this time of year? Yes =No =(if no, explain in Remarks) Are Vegetation �Soil = , or Hydrology significantly disturbed? (If yes, explain in Remarks) Are Vegetation , Soil F7 , or Hydrology naturally problematic? (If yes, explain in Remarks) SUMMARY OF FINDINGS — Attach site map and photograph log showing sampling locations, transects, etc. Wetland vegetation criterion met? Yes ✓ No ® Is the Sampled Area Yes= No Hydric Soils criterion met? Yes ✓ No � within a Wetland? Wetlands hydrology present? Yes ✓ No Remarks, Photo Details, Flagging, etc.: Plot below and in the vicinity of ST-2 within the wetland area HYDROLOGY Field Observations: Surface Water Present? Yes F�_ No IV Depth (inches) Water Table Present? Yes [ No = Depth (inches) 6.00 Saturation Present (including capillary fringe)? Yes= No 1r � Depth (inches) 5.00 Wetland Hydrology Indicators Reliable Indicators of Wetlands Indicators that can be Reliable with Indicators of the Influence of Water Hydrology Proper Interpretation =Water -stained leaves = Hydrological records I Direct observation of inundation =Evidence of aquatic fauna =Free water in a soil test hole Drainage patterns =iron deposits ✓ Saturated soil Drift lines Algal mats or crusts ✓ Water marks Scoured areas Oxidized rhizospheres/pore Moss trim lines Sediment deposits linings ✓ Thin muck surfaces = Presence of reduced iron Surface soil cracks Plants with air -filled tissue = Woody plants with adventitious Sparsely vegetated concave (aerenchyma) =Plants with polymorphic leaves roots Trees with shallow root systems 5urface Microtopographic relief =Plants with floating leaves = Hydrogen sulfide Woody plants with enlarged Geographic position (depression, odor lenticels toe of slope, fringing lowland Remarks (describe recorded data from stream gauge, monitoring well, aerial photos, previous inspections, if available): f mb iurrn is only Tor rsvvv aeiineations. other wetland resource areas may be present and should be delineated according to the applicable regulatory provisions. Form Revised July 2023 Sampling Point Paint#2, ST-2 VEGETATION - Use both common and scientific names of plants. Tree Stratum Plot size W (steep slope) Indicator Absolute Dominant? Wetland Status % Cover (yes/no) Indictor? Common name Scientific name (yes/no) 1. Red oak FACU 10.0 No No 2. Black tupelo FACW 80.0 Yes Yes 3. 4. S. 6. 7. 8. 9. 90.0 = Total Cover Shrub/Sapling Stratum Plot size 15' Indicator Absolute Dominant? Wetland Status % Cover (yes/no) Indictor? Common name Scientific name (yes/no) 1. Sweet pepperbush FAC 50 Yes Yes 2. 3. 4. S. 6. 7. 8. 9. 50.0 = Total Cover Herb Stratum Plot size 5' Indicator Absolute Dominant? Wetland Status % Cover (yes/no) Indictor? Common name Scientific name (yes/no) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. - 12. --+- 0.0 = Total Cover Form Revised July 2023 Sampling Point Point#2, sT-2 VEGETATION — continued. Woody Vine Stratum Plot size Indicator Absolute Dominant? Wetland Status % Cover (yes/no) Indictor? Common name Scientific name (yes/no) 1. 2. 3. 4. 0.0 = Total Cover Rapid Test: Do all dominant species have an indicator status of OBL or FACW? Yes Lj No ✓ Dominance Test: Number of dominant species Number of dominant species that are wetland indicator plants Do wetland indicator plants make up >_ 50% of dominant plant species? Yes _1No= 2 2 Prevalence Index: OBL species Total % Cover (ail strata) Multiply by: Result X 1 =0 FACW species X 2 =0 FAC species X 3 = 0 FACU species X 4 = 0 UPL species X 5 =0 Column Totals (A) 0 (B)0 Prevalence Index B/A = O Is the Prevalence Index _< 3.0? Yes _= No = Wetland vegetation criterion met? Yes ✓ No Definitions of Vegetation Strata Tree - Woody plants 3 in. (7.62 cm) or more in diameter at breast height (DBH), regardless of height Shrub / Sapling - Herb - Woody vines - Woody plants less than 3 in. (7.62 cm) DBH and greater than or equal to 3.3 ft. (1 m) tall All herbaceous (non -woody plants, regardless of size, and woody plants less than 3.3 ft. (1 m) tali All woody vines greater than 3.3 ft. (1 m) in height Cover Ranges Range Midpoint 1-5 % 3.0 % 6-15 % 10.5 % 15-25 % 20.5 % 26-50 % 38.0 % 51-75 % 63.0 % 76-95 % 85.5 % 96-100 % 98.0 % Form Revised July 2023 SOIL Sampling Point Point #2, ST-2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators) Depth Matrix Redox Features (inches) Color (moist) 1 Color (moist) % Type' Location Texture Remarks 0"-2" 10YR 3/1 100 Loamy Sand O/A 2"-10" 10YR 6/1 100 Sand Bg 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains2 Location_ PL=Pore Lining, M=Matrix Hydric Soil Indicators (Check all that apply) Indicators for Problematic Hydric Soils Histosol (A1) Polyvalue Below Surface (58) Q2 cm Muck (A10) Histic Epipedon (A2) Thin Dark Surface (S9) 5 cm Mucky Peat or Peat (S3) Black Histic (A3) Loamy Gleyed Matrix (F2) ❑ iron -Manganese Masses (F12) Hydrogen Sulfide (A4) Depleted Matrix (F3) ❑ Mesic Spodic (A17) Stratified Layers (A5) Redox Dark Surface (F6) Q Red Parent Material (F21) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) ❑ Very Shallow Dark Surface (F22) Thick Dark Surface (Al2) n Redox Depressions (F8) 21 Sandy Mucky Mineral (S1) rb-715andy Gleyed Matrix (S4) Sandy Redox (S5) ❑ Other (Include Explanation in Remarks) Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed) Type: Depth (inches): Remarks: Profile in upland vary, A/E with bright l3w, matched Garver Series profile. Hydric Soils criterion met? Yes _[El_ No _Ll- Form Revised July 2023 90" ATTACHMENT E MassDEP WPA NQI Fonn 3 and fee transmittal form submission confirmation. 0 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 yourlocal Conservation Commission regarding any municipal bylaw or ordinance. Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DocumentTransactionNumber Yarmouth City/Town A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 11 Elizabeth Lane a. Street Address Latitude and Longitude: 47 f. Assessors Map/Plat Number 2. Applicant: Gerry a. First Name c. Organization 11 Elizabeth Lane d. Street Address Yarmouth 02673 b. City/Town c. Zip Code 41.6616 d. Latitude 14 g. Parcel /Lot Number Mulligan b. Last Name Yarmouth MA e. City/Town f. State (781) 219-8627 h. Phone Number i. Fax Number -70.2456 e. Longitude 02673 g. Zip Code claddaghger anhotmail.com j. Email Address 3. Property owner (required if different from applicant): a. First Name c. Organization d. Street Address e. City/Town f. State h. Phone Number i. Fax Number 4. Representative (if any): ❑ Check if more than one owner b. Last Name j. Email address Jack O'Leary a. First Name b. Last Name Strong Tree Engineering, LLC c. Company P.O. BOX 62 d. Street Address g. Zip Code wpaform3.doc • rev. 12/4/2023 Page 1 of 9 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MasspEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Yarmouth CitylTown Sagamore Beach MA 02562 e. City/Town f. State g. Zip Code 774-559-2942 jack.oleary@strongtree.engineering h. Phone Number i. Fax Number j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $110.00 $42.50 67.50 a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid A. General Information (continued) 6. General Project Description: (see attached project narrative) 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, g ❑ Transportation forestry) 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 If yes, describe which limited project applies to this project. (See 310 CMR © No 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County c. Book 30949-D b. Certificate # (if registered land) d. Page Number wpaform3.doc • rev. 1214/2023 Page 2 of 9 n W Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number ' . A Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Yarmouth City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. R 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. B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cunt°d) Resource Area Size of Pr000sed Alteration Proposed Replacement cif any,) a. ❑ Bank 1.linear feet 2.linear feet For all projects b ❑ Bordering affecting other Resource Areas, Vegetated Wetland g 1. square feet 2, square feet please attach a narrative explaining how c. ❑ Land Under 1, square feet 2. square feet the resource Waterbodies and area was Waterways 3. cubic yards dredged delineated. Resource Area Size of Proposed Alteration Proposed Replacement of any) d. ❑ Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. ❑ Isolated Land Subject to 1, square fleet Flooding 2. cubic feet of flood storage lost 3. cubic feet replaced f. ❑ Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. -New agricultural projects only ❑ 200 ft. - All other projects wpaform3.doc • rev. 12/4/2023 Page 3 of 9 rd Massachusetts Department of Environmental Protection Provided by MassDEP: �- Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Yarmouth City/Town 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. s. Has an alternatives analysis been done and is it attached to this NOI? No Yes 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 13.2.f. above. 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 Resource Area document transaction number a ❑ Designated Port Areas g (provided on your receipt page) b. 0 Land Under the with all Ocean supplementary information you submit to the Department. c. ❑Barrier Beach d. ❑ Coastal Beaches Size of Proposed Alteration Proposed Replacement (if any) Indicate size under Land Under the Ocean, below 1. square feet 2. cubic yards dredged Indicate size under Coastal Beaches and(or Coastal Dunes below 1. square feet 2. cubic yards beach nourishment Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Coastal Banks 1. linear feet Rocky Intertidal Shores 1. square feet h. OSalt Marshes 1. square feet Proposed Replacement (if any) 2. sq ft restoration, rehab., creation wpaform3.doc • rev. 12/4/2023 Page 4 of 9 4 Massachusetts Department of Environmental Protection Provided by MassDEP: �! Bureau of Resource Protection - Wetlands MaSsDEP File Number WPA Form 3 - Notice of intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Yarmouth City/Town 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 I. ❑ Land Subject to Coastal Storm 1. square feet Flowage 4. ❑ Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW 5. ❑ Project Involves Stream Crossings a. number of new stream crossings b. square feet of Salt Marsh b. number of replacement stream crossings 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 ActtWetlands 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 Alatural Heritage Atlas or go to httn:/Jmaos.massaisstate.ma.us/PRI EST HAD/viewer htm. a.— Yes IN b. Date of map If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 Phone: (508) 389-6360 wpaform3.doc • rev. 12/4/2023 Page 5 of 9 IH Massachusetts Department of Environmental Protection Provided by MassDEP: Ll Bureau of Resource Protection - WetlandsMassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Yarmouth C4/Town If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CM 10.18). To qualify for a streamlined, 30-day, MESANVetlands 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` ❑ Percentage/acreage of property to be altered: (a) within wetland Resource Area (b) outside Resource Area percentage/acreage 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 2" (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site C. Other Applicable Standards and Requirements (cont'd) (c) MESA filing fee (fee information available at https://www. mass.gov/how-to/how-to-fii le -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 M OR Check One of the Following k* Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https•//www mass aov/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. 2- 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. 12f4/2023 Page 6 of 9 4 Massachusetts Department of Environmental Protection Provided by MassDEP: ��--- Bureau of Resource Protection -Wetlands MassDEP File Number - Notice of Intent WPA Form 3 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Yarmouth City/Town 1. ❑ Project is exempt from MESA review Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, httos://www mass aov/service-details/exemptions from review for 12roiectsactivities in rio rite -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-south0-m_ assmov 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-north0)mass aov 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). C. Other Applicable Standards and Requirements (cont'd) 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online users: a. ❑ Yes 0 If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your No Website for ACEC locations). Note: electronic filers click on Website. document transaction b. ACEC number (provided on your 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water withreceiall page) (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? supplementary a. ❑ Yes ® No information you submit to the 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? wpaform3.doc • rev. 12/4/2023 Page 7 of 9 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Ll t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Yarmouth Cityfrown 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: 1.0 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. 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. D. Additional Information (coat°d) 3. x❑ 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. X List the titles and dates for all plans and other materials submitted with this NOI. Proposed Restoration Plan a. Plan Title Strong Tree Engineering, LLC Justin Lamoureux, PE b. Prepared By c. Signed and Stamped by wpaform3.doc • rev. 12/4/2023 Page 8 of 9 0 Massachusetts Department of Environmental Protection Provided by MassDEP Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent { t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Yarmouth City/Town 1 "=20' 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. s. ® 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 T1�ris lttal Form) to confirm fee payment: 04 07/01/2025 2. Municipal Check Number 1105 4. State Check Number Strong Tree Engineering 6. Payor name on check: First Name 3. Check date 07/01 /2025 5. Check date 7. Payor name on check: Last Name F. Signatures and Submittal Requirements wpaform3.doc • rev. 12/4/2023 Page 9 of 9 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands ProtecLltion Act M.G.L. c. 131, §40 Yarmouth City/Town I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. AGENT 7/1/2025 1. Signature of Applicant 2. Date 3. Signature of Property Owner (if diffe ) 4. Date 7/1 /2025 5. Signature of Representati (if any) 6. Date For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc • rev. 12/4/2023 Page 10 of 9 711 /25, 11:47 AM Strong Tree Engineering Mail - Wetland filing signature request I"- Gmail Wetland filing signature request Jack O'Leary <jack.oleary@strongtree.engineering> To: gerry mulligan <claddaghger@hotmail.com> Cc: Tabor Bent <tabor.bent@strongtree.engineering> Gerry: Jack O'Leary <jack.oleary@strongtree.engineering> Agreed and thank you for authorizing me to be your agent. Safe travels! Jack O'Leary PG CPESC Senior Project Director Strong Tree Engineering Survey I Site Plans I Permitting (781; 206-7521 mobile EST "2/ P1f On Tue, Jul 1, 2025 at 11:42AM gerry mulligan <claddaghger@hotmail.com> wrote: Get Outlook for iOS From: Jack O'Leary <ja ck.o lea ry@strongtree.e ngi neeri ng> Sent: Tuesday, July 1, 2025 4:32:24 PM To: claddaghger@hotmaiLcom <claddaghger@hotmail.com> Cc: Tabor Bent <taborbent@strongtree.engineering> Subject: Wetland filing signature request Mr. Mulligan: Tue, Jul 1, 2025 at 11:47 AM We have prepared the "Notice of Intent" wetland filing for your property and I will be filing it shortly. A copy of the application form is attached for your review and signature. After review please sign it on page 10 as the applicant and owner, above my signature as your representative, and return it to me via email. You can use the signature feature in Acrobat to do so, but please don't use a typed signature, Yarmouth will not accept that. Sorry about the last-minute request - the filing deadline is tomorrow noon, we will file as soon as we get your signature. Jack O'Leary PG CPESC Senior Project Director Strong Tree Engineering Survey I Site Plans I Permitting (781) 206-7521 mobile ESI 20V ?'RED https://mail.google.com/mail/u/0/?ik=9c6f8db4Ol&view=pt&search=all&permmsgid=msg-a:r8280249929505917056&dsgt=l&simpl=msg-a:r828024992.,, 1/1 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. To calculate filing fees, refer to the category fee list and examples in the instructions Tor filling out WPA Form 3 (Notice of Intent). 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 A. Applicant Information 1. Location of Project: 3 Q 11 Elizabeth Lane a. Street Address c. Check number Applicant Mailing Address: Gerry a. First Name C. organization 11 Elizabeth Lane d. Mailing Address Yarmouth b. City/Town $42.50 d. Fee amount Mulligan b. Last Name Yarmouth MA 02673 e. City/Town f. State g. Zip Code 781-219-8627 claddaghger@hotmaiLcom h. Phone Number i. Fax Number j. Email Address Property Owner (if different): a. First Name c. Organization b. Last Name d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number Fees j. Email Address noifeelf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection - Bureau of Resource Protection - Wetlands ' N01 Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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. B. Fees (continued) Step 1/Type of Activity Category 1 Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee 1 110 Step 5/Total Project Fee: Step 6/Fee Payments: Total Project Fee: State share of filing Fee: 110 110.00 110.00 a. Total Fee from Step 5 42.50 b. 1/2 Total Fee less $12.50 noifeetf.doc - Wetland Fee Transmittal Form • rev. 10111 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NO I Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town share of filling Fee: c.1/2 Total Fee plus $12.50 G. 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.) noifeetfdoc - Wetland Fee Transmittal Form - rev. 10/11 Page 3 of 2 ATTACHMENT F Yarmouth assessors certified abutters list and proof of certified mailings. NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT & TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143 In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A. The name of the applicant is _Gerry Mulligan B. The applicant has filed a Notice of Intent with the Yarmouth Conservation Commission, seeking permission to remove, fill, dredge or alter an Area Subject to Protection under the Wetlands Protection Act (MGL c. 131 s. 40 & Town of Yarmouth Wetland By -Law, Chapter 143). C. The address of the lot where the activity is proposed is _11 Elizabeth Lane D. Proposed work is Restoration of 50 foot buffer zone E. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more information, call (508) 398-2231 ext. 1288. Copies of the Notice of Intent may be obtained from either the applicant or applicant's representative. Applicant's phone number Or Applicant's representatives phone number 774-559-3942 G. Information regarding the date, time and place of the public hearing may be obtained by calling the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288 H. Person sending this notification (applicant, representat ve or other) Name : Strong Tree Engineering Attn.: Jack O'Leary Address _P.O. Box 62 Town _Saga more Beach_ State _MA Zip `02562 Telephone 774-559-3942 NOTES: • Notice of the public hearing, including date, time and place will be published at least five (5) days in advance in a newspaper of general circulation. • Notice of the public hearing, including date, time and place will be posted in the Town Hall not less than forty-eight hours in advance. • You may also contact the Southeast Regional Office of the Department of Environmental Protection at (508) 946-2800 for more information about this application. 47/ 17/ KERMENSKI ANN B 6 ELIZABETH LN WEST YARMOUTH, MA 02673 47/ 16/ / / CAPALDI GERALD P TR HH CAPE REALTY TRUST 10 ELIZABETH LN WEST YARMOUTH, MA 02673 471 15/ ROBB ANDREW W 12 ELIZABETH LN SOUTH YARMOUTH, MA 02664 47/ 141 I / MULLIGAN GERARD PHELAN CAROLINE 11 ELIZABETH LANE WEST YARMOUTH, MA 02673 47/ 13/ / / SEVIGNY JOSEPHINE M 7 PORTER TERR WEST ROXBURY, MA 02132 471 11/ I I JALALI ALI A TR JALALI JEAN G TR 51 TUDOR RD NEEDHAM, MA 02492 Please use this signature to certify this list of properties abutting within 100' of the parcel located at: 11 Elizabeth Ln., West Yarmouth, MA 02673 Assessors Map 47, Lot 14, Andy Mac do, Director of Assessing June 30, 2025 i6 ��3���t ►�$�� J 'CO MAK, C +fir G TR s �DM 1 10 *M,MA0? ? F i �$ - V a +. s ;- rn WEST,. YARMOUTR MA 02673 471 t f 3?). 1ROR4 AN[ REW W 12 ELiZARETH LN SOUTH YARMOUTH, MA 02664 CA $"Am 471 wv fit 411 141 ! t 06/ifil ri' apt �1 ,�.. 71 131 RRELAN CAROUNE, � 7 PORTER TRR r ' 31 ELF . T31 `� N# iilRY, A 02132 WEST YANK #AA 02673 s ATTACHMENT Yarmouth Conservation Comission checklists and town forms. dog YAK 0 0 H /ycORPORAiEO Y Y Y Y t .lVatice c+f Atent CONSERVATION OFFICE 9kggfI. — •� U►12 C4fZr All filings must be made on Town of Yarmouth forms. The filing deadline is two weeks prior to the next scheduled Conservation Commission meeting for new applications. Failure to follow this Checklist shall result in an Administratively Incomplete Application and will not be advertised for a Public Hearing. Refer to the meeting schedule. Contact the Conservation Office if you need assistance. Does the property have any outstanding/expired Orders of Conditions? If so, please file a Request for Certificate of Compliance for each outstanding/expired Order, as the Commission may not issue a new Order until any outstanding/expired Orders have been closed and recorded. (*see page 2) H:71 filing dropped off or mailed to the Conservation Office including: dministrative Checklist y 1 complete NOI application WPA form 3 with original signatures. Typed signatures will not be accepted. L-00.0-Detailed narrative of the project including existing & proposed conditions, construction sequence, type of equipment, staging locations, drainage and stormwater, erosion controls, invasive species management and alternative analysis. The narrative shall include how the project meets performance standards per 310 CMR 10.0 & TOY Wetland Regulations, delineation sheets (if BVW or vegetated wetlands are /present) or other resource area calculations, and supporting information. 1 100' radius map, current abutters list identifying the property owners who are to be notified per 310 CMR 10.00 and abutter notification form. Abutters list must be certified by the Town Assessor's office. The Assessor's office requires 7 days advance notice. All abutters must be notified via certified mail. V Certified Mail Receipts (PS Form 3800) for all abutters. Green cards to be submitted at the hearing. V1 original and 7 copies of the plan, folded separately, right side out with title and project address visible. Allplans shall reference NAVD1988 unless otherwise noted. See plan requirements _Yarmouth's share of State filing fee: Separate check made payable to "Town of Yarmouth" //' (refer to NOI Wetland Fee Transmittal Form) by-llaw filing fee: Separate check made payable to "Town of Yarmouth" '� Legal ad fee: Separate check made payable to "Town of Yarmouth" Please list project property's street address on checks. Refer to Fee Schedule �DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection Box 4062 Boston, MA 02211 Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 4/2025 Page 1 of 2 DEP Submittal and Digital filing If you are filing with MassDEP using eDEP, please include a copy of the submittal confirmation with your application. I/ /If not filing via eDEP, a PDF of your application, plan, and all other supporting information must be sent VIA EMAIL the same day to DEP, Southeast Region at SERO NOI(a-mass.gov with the subject line in the email per DEP's request listed as "YARMOUTH - NOI - Street Address - Applicant Name" and copied bdirienzo(a)varmouth.ma.us and llerolimo(cwarmouth.ma.us. We must receive a copy of this email with the application as proof that it has been submitted to DEP. Initial below I CERTIFY that all on -site requirements will be completed by noon on the Friday prior to the hearing date. All proposed structures must be staked, and all relevant resource areas and buffer zones must be staked or flagged. PI se consult the Yarmouth Wetland Regulations, page 17. Without proper staking your project may be eemed incomplete and be continued to the next hearing date. I understand that in person representation is required at the scheduled hearing to present to the conservation commission if Applicable Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program Certified Mail Receipt for Massachusetts Division of Marine Fisheries. If filing via email, CC bdirienzo(o)_yarmouth.ma.us and iierolimo(cD-yarmouth.ma.us Waterway's jurisdiction — Any coastal projects such as, but not limited to, docks, piers, bulkheads, revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural Resources office by certified mail or hand delivery. The applicant or his/her representative must provide the Conservation office with proof that this has been done or the filing will not be accepted. Other Requirements o Does the proposed project meet the applicable regulations of the Town of Yarmouth Zoning bylaws? Do you need to file with the Yarmouth Board of Appeals? If so, you must file with ZBA after conservation permitting is completed. o If a vacant lot, have you completed and received a determination for the Building Department for a lot inquiry form? *To view all Conservation files/permits for the property address online, go to www.varmouth.ma.us/LF Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492 Tel. (508)-398-2231 Ext. 1288 Rev 4/2025 Page 2of2 TOWN OF YARMOUTH 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492 (508) 398-2231, Ext. 7007 REVISED FEE SCHEDULE Conservation Commission Effective June 20, 2025 Payment is required at the time of the application by cash or check payable to the Town of Yarmouth Include the project address in the mem Permit Type Fee $ Administrative Review $50 Request for Determination of Applicability $100.00 Notice of Intent - Category 1 $150.00 $300.00 Notice of Intent - Category 2 Notice of Intent - Category 3 $450.00 Notice of Intent - Category 4 $550.00 Notice of Intent - Category 5 $3 / linear foot, plus $750 for saltwater piers/docks and $200 for freshwaterpiers/docks Notice of Intent - Category 6/ANRAD $3 / linear foot Extension Permit $100 Request Approval of a Revised Plan $50.00 Request for an Amended Order of Conditions $150.00 Administrative Re -issuance of a Document $25.00 Request for Certificate of Compliance $75.00 Request for Certificate of Compliance > 2 years after expiration of the OOC, and all subsequent COC re after a de ' $150.00 After -the fact filing (Working without a permit) 2 x the regular fee Stormwater Management Permit Application* $200 Clegal Advertising $15 ' �/S STRONG TREE ENGINEERING PO BOX 977 EAST SANDWICH, MA 02537-0977 PAY TO THE ORDER OF V �� 's x �= a (ta-'tJ roll U6 BANK OFAMERICA���/ ACH R/f 011000138 FOR 7'Stzgg- 1I 1104 53-13/110 MA ( 26975 DATE GI 01 ?P Z-5 u'001104u' 1:011000138I: 46601243598DO STRONG TREE ENGINEERING PO BOX 977 EAST SANDWICH, MA 02537-0977 RAY THE a inn o r* ORDEE R OF ' Y [ t' -Fo --t/u 6 d-�lf, BANKOFAMERICA--�j ACHR/T 011000138 j L FOR 2 570 �I- C t r Zq' ,iC-(4t �g a s� solco DOLLARS t 1105 53.13/110 MA i 26975 DATE U I Z° s �Z- 56 DOLLARS 6 Sa a.K Features _ �ci�nn rird.Imm � 4 mg- I w a■OO L LO 5a' ':0 L L000 1381: 4660 L 24 3 5980v STRONG TREE ENGINEERING PO BOX 977 EAST SANDWICH, MA 02537-0977 PAY TO THE /- OLO ORDER OF f Rl BANKOFAMERICA--�� ACH RJr 011000138 FOR 2 S b�- i j fNO l � 118001107110 1:0 L L000 138e: 1107 53-13/110 MA 26975 DATE o11(a vS 46P301243598011' $ q5o DOLLARS saan.,f, Features OelaOs as !tank. STRONG TREE ENGINEERING PO BOX 977 1108 EAST SANDWICH, MA 02537-0977 53-13/110 MA 26975 STRONG TREE ENGINEERING PO BOX 977 EAST SANDWICH, MA 02537-0977 1108 53-13/110 MA 26975 DATE v� cal 2� zu PAY TO THE 0 �sy V\ 0 ` �` ` �� �� ORDER OF "j Y V�- t �C� (a v:s 0-1t cf6 DOLLARS BANK OF AM ERICA���/ ACH R/T 011000138 FOR 25oa�- �{ �`t k�� Ce9�c�� Y 1 NP 112001108112 1:0 1 1000 i 381: 4660 1 24 3 5980n®