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HomeMy WebLinkAboutNOI NarrativeNotice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts ii Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts 1 1 INTRODUCTION SWCA Environmental Consultants (SWCA) is pleased to file this Ecological Restoration Limited Project Notice of Intent (ER NOI) on behalf of the Cape Cod Conservation District (CCCD) (Applicant) in support of the first phase of the proposed Bayview Bogs Restoration – Phase 1 Invasive Plant Management (Project), which includes invasive plant management. The site is located at an approximately 89-acre parcel located off Bayview Road in West Yarmouth, Massachusetts (Assessor’s Map 28, Lot/Parcel 58.1.1) (Site). A completed “WPA Form 3” and “WPA Form 3 Appendix A” are included in Appendix A of this submittal. The CCCD is exempt from WPA fees. The Project is proposed on land owned by Cape Cod Hospital. Figure 1 in Appendix B depicts the extent of the Project on a U.S. Geological Survey (USGS) topographic map. The proposed Project includes restoring a retired approximately 44-acre commercial cranberry bog on an approximately 89-acre parcel. This first phase of the Project includes invasive plant management only, in order to eliminate as much of the existing invasive plant populations as possible prior to the start of excavation and wetland restoration activities. 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 largely naturalized with a variety of both native and invasive vegetation. The Project proposes to complete invasive species management and treatment at the Site as part of this ER NOI. The Project will temporarily impact Coastal Bank; Salt Marsh; Land Subject to Tidal Action (LSTA); Land Subject to Coastal Storm Flowage (LSCSF); Bordering Vegetated Wetlands (BVWs); 100-foot, 50-foot, and 35-foot Buffer Zones; Bordering Land Subject to Flooding (BLSF), and 200-foot Riverfront Area (RFA). No permanent adverse impacts are proposed. This permit application has been developed in accordance with the Massachusetts Wetlands Protection Act (Massachusetts General Laws [M.G.L.] c. 131, § 40) (WPA) and its implementing regulations (310 Code of Massachusetts Regulations [CMR] 10.00 et seq.) as well as the Town of Yarmouth Wetlands Protection Bylaw (Bylaw) (Chapter 143) and its implementing regulations. Seven hardcopies and an electronic copy of this ER NOI are being submitted to the Yarmouth Conservation Commission (Commission), with an electronic copy also sent to the Massachusetts Department of Environmental Protection (MassDEP) using the eDEP filing system. The Project is proposed as a Category 2.h for the proposed management of invasive species; however, the CCCD is exempt from WPA fees. The Bylaw also imposes a $300 NOI fee for Category 2 project. Documentation of the payment of fees is provided in Appendix A. 2 SITE DESCRIPTION The Project Site is approximately 89 acres, containing retired commercial cranberry bogs, wooded marshes, wetlands, and hydrologic connections. The topography of the Site is generally flat and gently slopes south from a high elevation of approximately 17 feet in the northern portion of the Site to a low of approximately 3 feet in the southern portion. SWCA reviewed the Federal Emergency Management Administration (FEMA) Floodplain Insurance Rare Maps (FIRMs). A portion of the Project Site is within the 100-year floodplain; therefore, LSCSF and BLSF are present on-site (FEMA 2024). Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts 2 2.1 Soils According to the Web Soil Survey (Natural Resources Conservation Service [NRCS] 2019), 2 soil types, including Carver coarse sand and Freetown coarse sand, are mapped within the Project area. Carver coarse sand is mapped primarily in the northern and southern portions of the Site. Freetown coarse sand is mapped in the central portion of the Site. Carver coarse sane is not listed as hydric while Freetown coarse sand is listed as hydric. 2.2 Developed Areas The area surrounding the Site consists primarily of developed residential land with single-family homes, small businesses, and the Cape Cod Hospital (see Figure 2 in Appendix B). 3 REGULATED RESOURCE AREAS SWCA reviewed multiple mapping resources available from the Massachusetts Bureau of Geographic Information System (MassGIS) and others including, but not limited to, MassDEP mapped wetlands and hydrologic connections, hydrography, aerial imagery, FEMA FIRMs, USGS topographic quadrangles, potential and certified vernal pools, NRCS soils, and Natural Heritage & Endangered Species Program (NHESP) rare species habitat mapping among others. SWCA completed a desktop review of the Site to identify wetlands and streams in April 2025. Representative photographs are included in Appendix C. The following sections describe the on-site regulated resource areas. 3.1 Coastal Bank Coastal Bank is the resource area which that comprises, “the seaward face or side of any elevated landform, other than a coastal dune, which lies at the landward edge of a Coastal Beach, LSTA, or other wetland,” as defined under 310 CMR 10.30(2). A formal delineation was not completed to determine the extent of Coastal Bank in the field. Since the project is an Ecological Restoration Limited Project, the limits of aquatic resource areas were based on a desktop evaluation utilizing available mapping resources such as MassGIS wetlands and hydrology, USGS streams, and aerial imagery. Coastal Bank on the property is associated with the “unnamed” stream in the southwestern portion of the Site. The stream begins onsite, south of the bog and flows south into Lewis Bay. This tidal creek connects the former cranberry bog to Lewis Bay. The agricultural ditches within the Site do not meet the definition of Coastal Bank. Coastal Bank is afforded a 100-foot Buffer Zone regulated by both the WPA and Bylaw. 3.2 Salt Marsh Salt marsh is a, “coastal wetland that extends landward up to the highest high tide line…and is characterized by plants that are well adapted to or prefer living in, saline soils,” as defined under 310 CMR 10.32(2). Within the Site, one area of saltmarsh is mapped in the southwestern portion of the Site. More specifically, Salt Marsh occurs north of Park Avenue adjacent to the stream located east of Highland Street and west of Park Street. That area is dominated by common reed (Phragmites australis) and exhibits characteristics typical of Salt Marsh. Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts 3 3.3 Land Subject to Tidal Action LSTA includes, “land subject to the periodic rise and fall of a coastal water body, including spring tides. According to available data from the National Oceanic and Atmospheric Administration (NOAA), the highest regular tidal elevation on the Site is approximately 3.5 feet (NOAA 2025). However, the only portion of the Site to experience tidal water fluctuations is the portion of the unnamed stream south of the drop weir water control structure. All other areas of the Site are cutoff from normal tidal flushing by collapsed or otherwise blocked culverts, berms, or other obstructions, including the areas north of Park Street that are east of Vernon Street and Russo Road and west of Glenwood Street. 3.4 Land Subject to Coastal Storm Flowage LSCSF is defined as, “land subject to inundation caused by coastal storms up to and including that caused by the 100-year storm, surge of record or storm of record, whichever is greater” As part of evaluating resource areas at the site, SWCA reviewed the FEMA FIRM Community Panel Number 25001C0569J for the Town of Yarmouth and determined that portions of the Project area are within LSCSF (FEMA 2014). The only area that occurs within LSCSF includes a small area north of Park Avenue between Vernon Street and Glenwood Street. Figure 3 in Appendix B depicts the extent of LSCSF within and in proximity to the Site. 3.5 Inland Banks Inland Bank is the resource area which confines waterways and water bodies. For streams, it extends from Mean Annual Low Water (MALW) to Mean Annual High Water (MAHW). As set forth in 310 CMR 10.54(2)(a)-(c), Inland Bank is defined as, “the portion of the land surface which normally abuts and confines a water body. It occurs between a water body and a BVW and adjacent floodplain, or in the absence of these, it occurs between a water body and an upland. The upper boundary is the first observable break in slope or the MAHW, whichever is lower. The lower boundary is the MALW level.” Bank on the property is associated with the three areas of open water mapped by MassDEP. Where they occur within and between BVWs, Inland Bank is afforded a 100-foot Buffer Zone regulated by both the WPA and Bylaw. 3.6 Bordering Vegetated Wetlands As set forth in 310 CMR 10.55(2) (a-c), a BVW is defined as areas where the soils are saturated and/or inundated such that they support a predominance of wetland indicator plants and the BVW boundary is determined as “the line within which 50% or more of the vegetational community consists of wetland indicator plants and saturated or inundated conditions exist.” The Bylaw incorporates the definition of BVW as defined in the WPA. BVWs are afforded a 100-foot Buffer Zone based on the WPA and Bylaw. Outside of the salt marsh in the southwest of the Site, the on-Site wetlands do not meet the definition of salt marsh under 310 CMR 10.32(2). While a portion of the Project area is subject to tidal action (i.e., the southwest area where the salt marsh is mapped north of Park Avenue, east of Highland Street and west of Park Street), the highest spring tide in Yarmouth is predicted at only approximately 3.5 feet (NOAA 2025). Additionally, the plant composition of most of the Site includes numerous species that are only moderately salt tolerant such as purple loosestrife (Lythrum salicaria), gray willow (Salix atrocinerea), buckthorn (Frangula spp.), and honeysuckle (Lonicera spp.), among others. Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts 4 SWCA identified multiple BVW (i.e., abandoned cranberry bogs) areas within 100 feet of area where the Project is proposed to occur. The wetlands consist of former cranberry bogs that have lain fallow and other vegetation, including invasive species, have become established. A portion of the area is mapped as cranberry bog by MassDEP with other portions that were previously in active cranberry production now mapped as deciduous wooded swamp, shrub swamp, and shallow emergent marsh or fen; however, the entire area was previously operated as an active cranberry bog. Given the Project is an Ecological Restoration Limited Project, a formal delineation was not completed in the field. Instead, the extent of BVW was determined via desktop assessment utilizing MassGIS wetland mapping and aerial photography. All proposed invasive plant management activities will be performed with the level of sensitivity appropriate for wetland resources, regardless of where the invasive plants are located. Therefore, a precise delineation of BVW on the site will not be necessary at this stage. 3.7 Buffer Zones The WPA regulates a 100-foot Buffer Zone associated with Coastal Bank, Salt Marsh, Bank, and BVW. The Bylaw further regulates the 100-foot Buffer Zone as a resource area with restrictions at the inner 50- foot Buffer Zone and 35-foot Buffer Zone. No performance standards are set forth for Buffer Zone under the WPA; however, the Bylaw has enacted performance standards for the 100-foot Buffer Zone as well as for the 50-foot and 35-foot Buffer Zones under Section 6.02 of the Bylaw regulations. The Buffer Zones within the Project Site consist of undeveloped, upland mixed successional forest and scrub-shrub habitats. Adjacent to the Project Site, the Buffer Zone contains residential and commercial development with associated roads and appurtenances. Various indicators of previous impacts such as cranberry bog agricultural operations, grading, invasive species, and urban refuse as well as other anthropogenic alterations are present throughout the Buffer Zones. 3.8 Land Under Water Bodies and Waterways As defined in 310 CMR 10.56(2), LUWW is the land beneath any creek, river, stream, pond, or lake. Said land may be composed of organic muck or peat, fine sediments, rocks, or bedrock. LUWW occurs within the Banks on the Site. This was not flagged in the field. The Bylaw has incorporated a similar definition. 3.9 Bordering Land Subject to Flooding BLSF is defined as, “an area with low, flat topography adjacent to and inundated by flood waters rising from creeks, rivers, streams, ponds, or lakes, It extends from the Banks of these waterways and water bodies; where a BVW occurs, it extends from said wetland…The boundary of BLSF is the estimated maximum lateral extent of flood waters which will theoretically result from the statistical 100-year frequency storm. Said boundary shall be that determined by the reference to the most recently available flood profile data prepared for the community within which the work is proposed under the National Flood Insurance Program (NFIP)…said boundary, so determined, shall be presumed accurate…” Typically, BLSF coincides with the 100-year flood zone (i.e., the area inundated by the 1% chance for annual flood). As part of evaluating resource areas at the site, SWCA reviewed the FEMA FIRM Map Number 25001C0569 for the Town of Yarmouth and determined that portions of the project area occurs within BLSF (FEMA 2024). Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, West Yarmouth, Massachusetts 5 3.10 Riverfront Area Perennial rivers are afforded a 200-foot RFA under the WPA and Bylaw. As set forth in 310 CMR 10.58(2)(a), the 200-foot RFA is defined as “the area of land between a river's MAHW line and a parallel line measured horizontally.” The Bylaw has incorporated the WPA definition of RFA. The on-site unnamed stream south of the drop weir water control structure is a perennial stream according to 310 CMR 10.58(2)(a)1. a. which states, “A river or stream shown as perennial on the most recent USGS or more recent map by [MassDEP] is perennial,” since it is depicted as a solid blue line on the most recent USGS Hyannis Topographic Quadrangle (USGS 2024). The USGS Quadrangle depicts multiple perennial streams and stream segments throughout the Site; however, this is inconsistent with observed field conditions and historical understanding of the area. More specifically, the section of stream mapped as perennial from Main Street (i.e., Route 28) at the northern boundary of the Site and continues south is not a perennial stream and was previously developed as an agricultural ditch to supply water to the cranberry bogs to the south. Additionally, the culvert under Route 28 is completely blocked, severing the hydrologic connection to this ditch on-Site. Similarly, the disjunct sections shown as perennial stream throughout the Site are also agricultural ditches created to transport irrigation water throughout the cranberry bog when it was operational. Within the Project area, 200-foot RFA consists of the undeveloped mixed wooded marshes, wetlands, and retired cranberry bogs. Within the Site, RFA habitat is dominated by wetlands as well as other successional upland habitats. 4 OTHER ENVIRONMENTAL CONSTRAINTS 4.1 WPA/Bylaw Aquatic Resource Areas The only regulated aquatic resource areas that occur within the Site include Coastal Bank; Salt Marsh; LSTA; LSCSF; LUWW; Bank; BVW; LUWW; 100-foot, 50-foot, and 35-foot Buffer Zones; and 200- foot RFA. The Site does not contain any other aquatic resource areas regulated under the WPA or Bylaw. 4.2 Vernal Pools SWCA biologists reviewed available MassGIS datasets to determine if the Project is located within or near mapped Certified Vernal Pools or Potential Vernal Pools. There are no certified or potential vernal pools mapped within or near the Project according to available MassGIS data (MassGIS 2025, 2013). 4.3 Rare Species Habitat SWCA reviewed the MassGIS database to determine if the existing parcel was located within or adjacent to areas designated as NHESP Priority Habitats of Rare Species (Priority Habitat) or Estimated Habitats of Rare Wildlife (Estimated Habitat). There is no mapped Priority Habitat or Estimated Habitat on or adjacent to the Project Site (MassGIS 2021a, 2021b). However, anecdotal evidence suggests the presence of protected reptiles on the Site; therefore, SWCA submitted a Scientific Collection Permit (SCP) to NHESP to handle protected reptiles so that listed species can be relocated out of harm’s way during Project implementation. Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts 6 4.4 Areas of Critical Environmental Concern SWCA reviewed MassGIS data layers to determine if the Project is located within any Areas of Critical Environmental Concern (ACEC). An ACEC is a designated area in Massachusetts that receives special recognition because of the quality, uniqueness, and significance of its natural and/or cultural resources. ACECs are identified so that they may be protected and maintained. SWCA determined that there are no ACECs within or near the site (MassGIS 2009). 4.5 Outstanding Resource Waters SWCA reviewed the MassGIS database to determine if the site was located within Outstanding Resource Waters (ORWs). ORWs are watershed areas that have been classified as such under the Massachusetts Surface Water Quality Standards and are areas that contain surface waters and their tributaries, including certain wetlands, that have been designated for protection based on their outstanding socio-economic, recreational, ecological and/or aesthetic values. These waters have been identified so that the quality of the waters may be protected and maintained. There are no ORWs located within or adjacent to the proposed project area (MassGIS 2010). 4.6 Water Supply The Project is not located within any surface water supply watersheds, or surface water supply protection areas (MassGIS 2023a, 2023b). A small portion of the northern Project area is located within a Zone II wellhead protection area (MassGIS 2024). However, the Project is not expected to impact private water supply wells including any agricultural or aquacultural wells or surface water withdrawal points. 5 PROPOSED WORK & IMPACTS The proposed Project includes non-native invasive vegetation management. Invasive plant management will include a combination of chemical (i.e., herbicide), manual, and mechanical means of invasive plant management based on the most effective and most selective management options for each invasive plant located on site. A detailed Invasive Species Management Plan (ISMP) has been developed, which describes the precise methods that will be used for each invasive plant species. This ISMP is included in Appendix D. During a May 2024 inventory of invasive plant species on the Site, a total of 13 invasive species were observed within the Project area. Table 1 summarizes the invasive plant species identified during that visit. Restoration efforts will require temporary impacts to Coastal Banks, Salt Marsh, LSTA, LSCSF, Banks, BVW, associated Buffer Zones, BLSF, and 200-foot RFA. Table 1. Invasive Plant Species Observed On-Site (May 2024) Common Name Scientific Name Garlic mustard Alliaria petiolata Purple loosestrife Lythrum salicaria Porcelain berry* Ampelopsis brevipedunculata Common reed Phragmites australis Japanese knotweed Fallopia japonica Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts 7 Common Name Scientific Name Japanese honeysuckle Lonicera japonica Asiatic bittersweet Celastrus orbiculatus Autumn olive Elaeagnus umbellata Buckthorn spp. Frangula spp. and 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 (MIPAG); not technically invasive (MIPAG 2025). All impacts proposed in this ER NOI are temporary; no adverse impacts will occur. Access to the Site to implement management methodologies will be via on foot and will not require the use of heavy machinery. Mechanical removal will be accomplished via hand pulling and cutting with handheld equipment. Chemical management via herbicide will be completed via foliar or cut-stem application. The ISMP does include more intrusive methods of invasive plant management (e.g., active construction mechanical clearing); however, those efforts are not included as part of this effort and will be included in a separate NOI. This ER NOI is relevant to pre-construction invasive plant management only. The current treatment schedule that has been funded is provided in Table 2. Table 2. Invasive Plant Management Timeline Season Task 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. In addition to management, the Applicant would like to conduct post-management monitoring events annually if additional funding becomes available. These monitoring events would help determine the efficacy of the previous year’s management and allow the Project team to prioritize management areas each season. Adaptive management is critical to any successful invasive plant management program. The results of each monitoring event would provide the Project team with valuable data, which would inform changes to the precise approach each year. All management activities will be limited to those described in the ISMP. Any additional management approaches (if needed and if funding is available to implement those approaches) will be submitted to the Commission for approval prior to implementation. Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts 8 5.1 Aquatic Resource Area Impacts Temporary impacts to aquatic resource areas are required for the proposed Project. Temporary impacts include a total of up to approximately 84.75 acres during invasive vegetation management which includes herbicide treatment and mechanical removal. The Project does not propose changes to topography, grades, vegetative cover, or other adverse impacts. Given the extent of non-invasive species within the Project area, it is expected that native species will readily rebound and revegetate the Site without the need for harsher intervention. Table 3 summarizes the proposed impacts to aquatic resource areas. As an Ecological Restoration Limited Project, management of invasive vegetation on the Site will result in ecological improvement to habitat and ecological functions, which will result in long-term net benefit to the Project area. Table 3. Summary of Proposed Impacts to Aquatic Resource Areas Resource Area Temporary Permanent Coastal Bank 726.0 lf 0.0 lf Salt Marsh 1.2 ac 0.0 ac Land Subject to Tidal Action 2.0 ac 0.0 ac Land Subject to Coastal Storm Flowage 1,283 sf 0.0 sf Inland Bank 2,633.0 lf 0.0 lf Bordering Vegetated Wetlands 48.3 ac 0.0 ac 100-foot Buffer Zone 78.8 ac 0.0 ac 50-foot Buffer Zone 69.6 ac 0.0 ac 35-foot Buffer Zone 65.1 ac 0.0 ac Land Under Water Bodies and Waterways 0.0 ac 0.0 ac Bordering Land Subject to Flooding 76.1 ac 0.0 ac Riverfront Area 4.9 ac 0.0 ac Note: lf = linear foot; sf = square foot; ac = acre 5.2 Best Management Practices Where work is proposed within or in proximity to jurisdictional aquatic resource areas the Applicant proposes to protect these areas and downgradient resource areas through the implementation of construction best management practices (BMPs). The following measures will be implemented to protect and minimize potential adverse impacts to downgradient wetlands and surface waters: •Avoiding excessive vegetation removal or areas of exposed soils within and adjacent to the aquatic resource areas. •Herbicide application by licensed applicators experienced in sensitive resource area management •Proper storage and utilization of all hazardous materials (e.g., fuels, herbicide, etc.) Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts 9 6 REGULATORY COMPLIANCE Proposed projects that are subject to the WPA and its implementing regulations as well as the Bylaw and its implementing regulations must demonstrate how they comply with the general provisions and applicable performance standards. The following tables provide a detailed overview of the general provisions and performance standards under the WPA and Bylaw. 6.1 Massachusetts Wetlands Protection Act Since the proposed Project will impact jurisdictional aquatic resource aeras, the following tables describe how the Project complies with the general provisions at 310 CMR 10.03 (Table 4), 10.24 (Table 5), 10.30(3 – 8) (Table 6), 10.32(3 – 6) (Table 7), 10.53 (Table 8), 10.55(4) (Table 9), and 10.58(4) (Table 10). Some resource areas, including LSTA and LSCSF to not have associated performance standards under the WPA. Additionally, as there is no NHESP mapped habitat for rare species within the project area, 310 CMR 10.58 is not applicable. Similarly, as an ecological restoration project, the Project is exempt from the requirement to complete a Wildlife Habitat Evaluation under 310 CMR 10.53(4)(c). 6.1.1 General Provisions and Performance Standards Table 4. General Provisions of the Wetlands Protection Act (310 CMR 10.03) Citation Regulation Compliance 310 CMR 10.03(1)(a)1. The area is not significant to the protection of any of the interests identified in the WPA. No area of the Project presumed to be not significant to the protection of the interests of the WPA. 310 CMR 10.03(1)(a)2. Work within a resource area will contribute to the protection of the interests of the WPA. The Project proposes to manage invasive species throughout Site which contributes to the protection of the interests of the WPA. 310 CMR 10.03(1)(a)3. Work within the buffer zone will contribute to the protection of the interests of the WPA; except that work that lies both within the riverfront area and within all or a portion of the buffer zone to another resource shall comply with the performance standards for riverfront area. The Project proposes to manage invasive species throughout Site which contributes to the protection of the interests of the WPA. 310 CMR 10.03(1)(b) Claims of work outside of any jurisdictional area impacting a jurisdictional area must demonstrate the work has had an adverse impact. Not applicable. 310 CMR 10.03(2) Credible evidence from a competent source to support the position taken when contesting MassDEP’s position. Not applicable. 310 CMR 10.03(3) Installation of subsurface sewage disposal systems. Not applicable. 310 CMR 10.03(4) Presumption concerning point-source discharges. Not applicable. 310 CMR 10.03(5) Each resource area is presumed to be significant to the interests of the WPA. All resource areas on-Site are presumed to be significant to the interests of the WPA. 310 CMR 10.03(6) Presumption concerning the application of herbicides. Not applicable. 310 CMR 10.03(7)(a) Filing fees for NOIs pursuant to the WPA. The Project is proposed as a Category 2.h. for the management of nuisance vegetation. However, the CCCD is exempt from the WPA fees. Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts 10 Table 5. General Provisions of Coastal Resources Areas (310 CMR 10.24) Citation Regulation Compliance 310 CMR 10.24(1) Significance of resource areas with no presumptions. Two resource areas, LSTA and LSCSF, are not provided a presumption in the regulations. 310 CMR 10.24(2). Projects in one resource area adversely affecting another resource area. While the Project does occur within Coastal Banks, Salt Marsh, LSTA, and LSCSF, other resource areas will not be adversely impacted. 310 CMR 10.24(3). Overcoming the presumption that a resource area is not significant to an interest of the WPA. Not applicable. The Project does not propose that any resource areas do not contribute to the protection of the interests of the WPA. 310 CMR 10.24(4)(a) Other state statutes or bylaws. No response required. 310 CMR 10.24(4)(b) Restrictive Orders Not applicable. 310 CMR 10.24(5)(a) ACECs Not applicable. 310 CMR 10.24(6) “May be permitted” Final Orders and Conditions No response required. 310 CMR 10.24(7) Orders of Condition, Limited Projects, rare species Not applicable. The Project is proposed as an Ecological Restoration Limited Project under 310 CMR 10.24(8) 310 CMR 10.24(8)(a) Ecological Restoration Limited Projects The Project proposes to manage invasive vegetation on the Site that will result in an ecological uplift to the existing habitat. The Project is not located within mapped Priority or Estimated Habitat. There are no expected time of year restrictions associated with the proposed work. There is no work in Coastal Dune or Barrier Beach. 310 CMR 10.24(8)(b) Allowed loss or conversion of resource areas No response required. 310 CMR 10.24(8)(c) Exemption from completing Wildlife Habitat Evaluations No response required. 310 CMR 10.24(8)(d) Approval of Ecological Restoration Limited Projects SWCA believes the proposed Project complies with all of the requirements of 310 CMR 10.24(8)(d). 310 CMR 10.24(8)(e) Types of Ecological Restoration Limited Projects The Project meets the Ecological Project definition of “Other Ecological Restoration Project” since it proposes the management of nuisance vegetation and improves habitat. 310 CMR 10.24(9) Operation and Management Plans for infrastructure Not applicable. 310 CMR 10.24(10) Stream crossings Not applicable. Table 6. Coastal Bank Performance Standards (310 CMR 10.30(3 – 8) Citation Regulation Compliance 310 CMR 10.30(3) No new bulkhead, revetment, seawall, groin, or other coastal engineering structures. Not applicable. 310 CMR 10.30(4). Projects on or within 100 feet landward of the top of Coastal Bank shall not have an adverse effect on the movement of sediment from wave action Not applicable. The proposed management of invasive vegetation will not impact the ability of sediment to migrate from between Coastal Bank and adjacent resource areas. 310 CMR 10.30(5). Orders of Conditions and Certificates of Compliance for new buildings within 100 feet landward shall contain specific conditions Not applicable. Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts 11 Citation Regulation Compliance 310 CMR 10.30(6) Projects on or within 100-feet of the top of Coastal Bank shall have no adverse impact on the stability of the bank The proposed management of invasive vegetation will not impact the stability of the bank. 310 CMR 10.30(7) Bulkheads, revetments, seawalls, groins, or other coastal engineering structures permitted when Coastal Bank is significant to storm damage prevention or flood control. Not applicable. 310 CMR 10.30(8) No adverse impacts to rare species or their habitats. There is no Priority or Estimated Habitat mapped in the Project area. Table 7. Salt Marsh Performance Standards (310 CMR 10.32(3 – 8) Citation Regulation Compliance 310 CMR 10.32(3) Project shall not destroy any part of Salt Marsh or have any adverse effect on its productivity. The Project will not adversely impact Salt Marsh. As an ecological restoration project to control invasive species, the habitat quality resulting from the Project is expected to increase. 310 CMR 10.32(4). Small projects within Salt Marsh Not applicable. 310 CMR 10.32(5). Restoration, rehabilitation, or creation of Salt Marsh The Project will restore previously impacted Salt Marsh that had been converted to cranberry bog production. 310 CMR 10.32(6) No adverse impacts to habitats of rare species There is no Priority or Estimated Habitat mapped on the Site. Table 8. General Provisions of Inland Resources Areas (310 CMR 10.53) Citation Regulation Compliance 310 CMR 10.53(1) Significance of resource areas with no presumptions. Not applicable. All resource areas within the Project area include presumptions of significance. 310 CMR 10.53(2). Sites subject to Restriction Orders. Not applicable. 310 CMR 10.53(3). Limited projects Not applicable. The Project is proposed as an Ecological Restoration Limited Project under 310 CMR 10.53(3). 310 CMR 10.53(4)(a) Ecological restoration limited projects. The Project proposes to manage invasive vegetation on the Site that will result in an ecological uplift to the existing habitat. The Project is not located within mapped Priority or Estimated Habitat. There are no expected time of year restrictions associated with the proposed work. There is proposed dredging, and the Project complies with all applicable provisions under 310 CMR 10.53(1), (2), (7), and (8). 310 CMR 10.53(5) Limited projects supporting existing agriculture and reconstruction or construction of certain water dependent projects. Not applicable. 310 CMR 10.53(6) Limited projects for access to Riverfront Area. Not applicable. 310 CMR 10.53(7) Operation and maintenance plans for public or private infrastructure. Not applicable. 310 CMR 10.53(8) Stream crossings. Not applicable. Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts 12 Table 9. Bordering Vegetated Wetlands Performance Standards (310 CMR 10.55(4)) Citation Regulation Compliance 310 CMR 10.55(4)(a). Where the presumption is not overcome, any proposed work in a BVW shall not destroy or otherwise impair any portion of said area. The Proposed project will only result in temporary impacts to BVW and will result in a net ecological uplift. 310 CMR 10.55(4)(b) Issuing authority may issue an Order of Conditions for the loss of up to 5,000 sf of BVW when properly mitigated in addition to any necessary conditions imposed by the Commission or MassDEP. The Project will not result in any permanent loss or adverse impact to BVW. 310 CMR 10.55(4)(b)1. Surface of the replacement area to be created shall be equal to that of the area that will be lost. Not applicable. 310 CMR 10.55(4)(b)2. Ground water and surface elevation of replacement area shall be approximately equal to that of the lost area. Not applicable. 310 CMR 10.55(4)(b)3. Overall horizontal configuration and location of the replacement area with respect to the bank shall be similar to that of the lost area. Not applicable. 310 CMR 10.55(4)(b)4. Replacement area shall have an unrestricted hydraulic connection to the same waterbody or waterway associated with the lost area. Not applicable. 310 CMR 10.55(4)(b)5. Replacement area shall be located within the same general area of the water body or reach of the waterway as the lost area Not applicable. 310 CMR 10.55(4)(b)6. At least 75% of the replacement area shall be reestablished with indigenous wetland plant species within two growing seasons and sols must be stabilized. Not applicable. 310 CMR 10.55(4)(b)7. Replacement area shall be provided in a manner which is consistent with all other general performance standards for each resource area permanently impacted. Not applicable. 310 CMR 10.55(4)(c)1.-3. Issuing authority may issue an Order of Conditions permitting the loss of BVW <500 sf, extends in a linear configuration, and no other alternatives are available. The Project will not result in any permanent loss or adverse impact to BVW. 310 CMR 10.55(4)(d). No project may be permitted which will have any adverse effect on specified habitat sites of rare species. There is no Priority or Estimated Habitat mapped on the Site. 310 CMR 10.55(4)(e). Work within ACECs Not applicable. Table 10. Riverfront Area Performance Standards (310 CMR 10.58(4)) Citation Regulation Compliance 310 CMR 10.58(4)(a). Work shall meet the performance standards for all other resource areas within the RFA Other resource areas within the 200-foot RFA are Salt Marsh, LSTA, LSCSF, BVW, and BLSF. The Project meets all the performance standards of these resource areas excluding LSTA and LSCSF that do not have performance standards established under the WPA. 310 CMR 10.58(4)(b). No project may be permitted which will have any adverse effect on rare wetland or upland, vertebrate or invertebrate species. There is no Priority or Estimated Habitat mapped on the Site. Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts 13 Citation Regulation Compliance 310 CMR 10.58(4)(c)1.-3. There must be no practicable and substantially equivalent economic alternative. The proposed mechanical and chemical management of invasive species is the only practicable and economically equitable alternative. 310 CMR 10.58(4)(d). Work, must have no significant adverse impact on the RFA The Project proposes to manage invasive species on the Site that will result in a net ecological uplift of the existing habitat. 310 CMR 10.58(4)(d)1. Issuing authority may allow the alteration of ≤5,000 sf or 10% of the RFA within the lot, whichever is greater. The Project will not result in any permanent loss or adverse impact to RFA. 310 CMR 10.58(4)(d)1.a. At a minimum, a 100-foot-wide area of undisturbed vegetation is provided. The Project will not result in the loss of any vegetation with any permanent impacts. 310 CMR 10.58(4)(d)1.b. Stormwater is managed according to standards established by MassDEP. Not applicable. The Project will not result in any changes to grades or vegetative cover that will increase stormwater volume or velocity that would require compliance with MassDEP stormwater standards. 310 CMR 10.58(4)(d)1.c. Proposed work does not impair the capacity of the riverfront area to provide important wildlife habitat functions. As an ecological restoration project, the Project is exempt from the requirement to complete a wildlife habitat evaluation. 310 CMR 10.58(4)(d)1.d. Proposed work shall not impair groundwater or surface water quality by incorporating erosion and sedimentation controls and other measures to attenuate nonpoint source pollution. The Project will not result in any large-scale soil disturbance that would result in adverse impacts to groundwater or surface water quality that would necessitate erosion and sedimentation controls. 310 CMR 10.58(4)(d)2.a.-d. Within 25-foot riverfront areas, any proposed work shall cause no significant adverse impact. Not applicable. 310 CMR 10.58(4)(d)3.a.-b. Issuing authority shall allow the construction of a single-family house, a septic system if no sewer is available, and a driveway. Not applicable. 310 CMR 10.58(4)(d)4.a.-c. Issuing authority may allow the construction of a commercial structure of minimum feasible dimension. Not applicable. 6.1.2 Riverfront Alternatives Analysis Several Project alternatives were evaluated including a No Action Alternative, Alternative Methods to Manage Invasive Species, and Management of Invasive Vegetation with Limited Disturbance (Preferred Alternative. The management approaches balanced efficiency and sensitivity; no alternative sites are available for consideration. 6.1.2.1 NO ACTION ALTERNATIVE Under the No Action Alternative, the Project would not occur. Invasive species management would not be implemented, and the Site would remain as-is. Invasive species would continue to persist throughout the Project area and the invasive species may spread during the anticipated future restoration construction phase. This alternative does not meet the purpose and need of the Project and does not accomplish the goals of the Project proponents to restore the Site to a natural wetland habitat dominated by native species; therefore, this alternative was not selected. Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts 14 6.1.2.2 ALTERNATIVE METHODS TO MANAGE INVASIVE SPECIES This alternative evaluated various other methods to manage invasive vegetation including extensive soil removal via mechanical management. To implement this alternative, extensive heavy machinery and soil disturbance would be required. This alternative would result in adverse impacts from grading and would require alterations to the landscape grades to allow for heavy machinery access. The risk for potential adverse impacts from large-scale soil disturbance would require extensive erosion and sedimentation controls and restoration efforts creating additional costs. While elements of this approach may be proposed at particular location later during a future phase of restoration construction, this alternative also does not meet the purpose and need for the Project during this pre-construction management phase and does not meet the Project goals of the applicant. Therefore, this alternative was not selected. 6.1.2.3 MANAGEMENT OF INVASIVE VEGETATION (PREFERRED ALTERNATIVE) Under the proposed alternative, invasive vegetation will be managed vial low-impact mechanical and chemical methods. Mechanical management consists of hand-pulling and cutting with hand tools. Chemical management will be implemented through low-volume backpack sprayer and similar, targeted methods. Access to the site will be on foot or via the existing farm road. This alternative results in only temporary, minimal impacts to the Project area and is an economical option that aligns with the Project’s purpose and need while also meeting the Project applicant’s goals. This alternative was selected as the preferred alternative. 6.2 Town Wetlands Protection Bylaw The Town has enacted a local Bylaw and implementing regulations that provide additional restrictions for work within jurisdictional resource areas. The following tables describe how the Project complies with the Bylaw regulations at Section 4.05(3) (Table 11), Section 4.10(3) (Table 12), Section 5.02(3) (Table 13), Section 6.01 (Table 14), Section 6.02 (Table 15), and Section 6.03 (Table 16). Table 11. Coastal Banks (Section 4.05(3)) Citation Regulation Compliance Sec. 4.05(3)(a) No new bulkhead, revetment, seawall, groin, or other coastal engineering structures Not applicable. Sec. 4.05(3)(b) No adverse effect due to wave action on the movement of sediment from Coastal Bank to Coastal Beaches or LSTA or LSCSF Not applicable. The proposed management of invasive vegetation will not impact the ability of sediment to migrate from between Coastal Bank and adjacent resource areas. Table 12. Land Subject to Coastal Storm Flowage (Section 4.10(3)) Citation Regulation Compliance Sec. 4.10(3) LSCSF overlaying other resource areas LSCSF occurs concurrently with 100-foot, 50-foot, and 35-foot Buffer Zones. Sec. 4.10(3)(a) Building upon, removing, filling, or altering of land shall not have adverse effect on the interests of the Bylaw. The Project will not result in the permanent loss of any vegetation with any adverse impacts. All impacts are temporary, and the Project will result in a net ecological uplift of the on-Site habitats. Sec. 4.10(3)(b) Zone V additional performance standards Not applicable. Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts 15 Citation Regulation Compliance Sec. 4.10(3)(c) MoWA additional performance standards Not applicable. Table 13. Inland Wetlands (Section 5.02(3)) Citation Regulation Compliance Sec. 5.02(3)(a) Any proposed work shall not destroy any portions of any wetland or impair its ability to perform protected functions The Project will not result in the permanent loss of any vegetation with any adverse impacts. All impacts are temporary, and the Project will result in a net ecological uplift of the on-Site habitats. Table 14. Setbacks and Buffer Zones (Section 6.01) Citation Regulation Compliance Sec. 6.01(1) No new structures allowed within 50 feet of certain resource areas. Not applicable. No structures are proposed. Sec. 6.01(2) Minor structures up to 140 square feet may be allowed no closer than 50 feet but no closer than 35 feet. Not applicable. No structures are proposed. Sec. 6.01(3) Prohibited activities within resource areas and their 35-foot Buffer Zone. Sec. 6.01(3)(d) prohibits the use of pesticides (e.g., herbicides), “unless part of an approved invasive species removal program.” The proposed Project includes the removal and management of invasive species via mechanical and chemical (i.e., herbicide) treatment. A detailed ISMP has been developed and is included in Appendix D. Sec. 6.01(4) Prohibited activities within resource areas and their 50-foot Buffer Zone Sec. 6.01(3)(d) prohibits the use of pesticides (e.g., herbicides), “unless part of an approved invasive species removal program.” The proposed Project includes the removal and management of invasive species via mechanical and chemical (i.e., herbicide) treatment. A detailed ISMP has been developed and is included in Appendix D. Sec. 6.01(5) Lawns Not applicable. Table 15. [Buffer Zone] Mitigation and Restoration (Section 6.02) Citation Regulation Compliance Sec. 6.02(1) 35-foot undisturbed buffer zone retention The Project will not result in the loss of any vegetation with any permanent impacts. Sec. 6.02(2) 50-foot undisturbed buffer zone retention requiring no further enhancement The Project will not result in the loss of any vegetation with any permanent impacts. Sec. 6.02(3) 50-foot undisturbed buffer zone mitigation Not applicable. Sec. 6.02(4) Planting requirements Not applicable. Table 16. [Buffer Zone] Trees and Other Vegetation (Section 6.03) Citation Regulation Compliance Sec. 6.03(1) Vista pruning Not applicable. Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts 16 Sec. 6.03(2) Replacement of trees removed Not applicable. Sec. 6.03(3) Mitigation constrained parcels Not applicable. Sec. 6.03(4) LSCSF tree preservation Not applicable. 7 SUMMARY The Applicant is seeking a 5-year Order of Conditions (OOC) from the Commission for the invasive vegetation management and treatments of the Bayview Bogs Restoration Project within Coastal Bank, Salt Marsh, LSTA, LSCSF, Bank, BVW, Buffer Zones, BLSF, and 200-foot RFA. No other resource areas will be impacted. Impacts are limited to restoration via invasive plant management and have been minimized and mitigated as much as practicable. The Project complies with the general provisions, performance standards, and policies of the WPA and Bylaw as applicable. Additionally, the proposed project qualifies as an Ecological Restoration Limited Project under the category of “other” as an invasive plant management project. Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts 17 REFERENCES CITED Cowardin, L. W., V. Carter, F. C. Golet, and E. T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S. Department of the Interior, Fish and Wildlife Service, Office of Biological Sciences, Washington, D.C. 131 pp. Federal Emergency Management Agency. 2024. Flood Insurance Rate Map, Barnstable County, Massachusetts (all jurisdictions), Panel 569 of 875, Map Number 25001C0569, Effective Date July 16, 2024. Available at: https://msc.fema.gov/portal/search?AddressQuery=byaview%20street%2C%20yarmouth%2C%20ma. Accessed April 28, 2025. Massachusetts Bureau of Geographic Information (MassGIS) 2009. Areas of Critical Environmental Concern. Available at: https://www.mass.gov/info-details/massgis-data-areas-of-critical-environmental- concern. Accessed April 10, 2025. MassGIS. 2010. Outstanding Resource Waters. Available at: https://www.mass.gov/info-details/massgis- data-outstanding-resource-waters. Accessed April 10, 2025. MassGIS. 2013. NHESP Potential Vernal Pools. Available at: https://www.mass.gov/info- details/massgis-data-nhesp-potential-vernal-pools. Accessed April 10, 2025. MassGIS. 2021a. NHESP Priority Habitats of Rare Species. Available at: https://www.mass.gov/info- details/massgis-data-nhesp-priority-habitats-of-rare-species. Accessed April 10, 2025. MassGIS. 2021b. NHESP Estimated Habitats of Rare Wildlife. Available at: https://www.mass.gov/info- details/massgis-data-nhesp-estimated-habitats-of-rare-wildlife. Accessed April 10, 2025. MassGIS. 2023a. Surface Water Supply Watersheds. Available at: https://www.mass.gov/info- details/massgis-data-surface-water-supply-watersheds. Accessed April 10, 2025. MassGIS. 2023b. Surface Water Supply Protection Areas (Zone A, B, C). Available at: https://www.mass.gov/info-details/massgis-data-surface-water-supply-protection-areas-zone-a-b-c. Accessed April 10, 2025. MassGIS. 2024. MassDEP Wellhead Protection Areas (Zone II, Zone I, IWPA). Available at: https://www.mass.gov/info-details/massgis-data-massdep-wellhead-protection-areas-zone-ii-zone-i-iwpa. Accessed April 10, 2025. MassGIS. 2025. NHESP Certified Vernal Pools. Available at: https://www.mass.gov/info- details/massgis-data-nhesp-certified-vernal-pools. Accessed April 10, 2025. Massachusetts Invasive Plant Advisory Group. 2025. Annotated Species Lists. Available at: https://massnrc.org/mipag/index.htm. Accessed April 10, 2025. National Oceanic and Atmospheric Administration. 2025. NOAA Tide Predictions, South Yarmouth, Bass River, MA, 2025. Available at: https://tidesandcurrents.noaa.gov/noaatideannual.html?id=8447504. Accessed April 28, 2025. Natural Resources Conservation Service. 2019. Web Soil Survey. Available at: https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm. Accessed April 10, 2025. Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts 18 U.S. Geologic Survey. 2024. Hyannis Quadrangle, Massachusetts – Barnstable County, 7.5-minute Series. Available at: https://ngmdb.usgs.gov/topoview/viewer/#15/41.6541/-70.2482. Accessed April 28, 2025. Notice of Intent: Bayview Bogs Restoration Phase 1 - Invasive Plant Management, Yarmouth, Massachusetts 19 This page intentionally left blank.