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HomeMy WebLinkAboutNarrative 12.2.2025 1 1 Introduction On behalf of the Cape Cod Conservation District (Applicant), Fuss & O’Neill, Inc. has prepared this Notice of Intent (NOI) for an Ecological Restoration Project (ERP) for the restoration of Bayview Bogs, a former cranberry bog located at 0 Rosetta Street, West Yarmouth, Massachusetts. The proposed project is a collaborative partnership between Cape Cod Hospital (as landowner), the Cape Cod Conservation District (as Applicant), and the Massachusetts Division of Ecological Restoration (DER) to restore the former cranberry bogs into a healthy wetland ecosystem through the removal of man-made barriers to tidal flow and the reversal of hydrologic modifications put in place when the bogs were under active cranberry production. Active cranberry farming on the Site has been retired for more than 25 years. Approximately 18.5 acres of cranberry bogs were still being commercially harvested in the 1990s with the remainder of the bogs retired earlier. The location of the project is depicted on the USGS Topographic Map included as Figure 1, and the Site Plans provided as Appendix A. Pending funding, the construction is anticipated to begin in late 2026 or early 2027. This timeline may be extended if more time is needed to obtain project funding. The project qualifies as an Ecological Restoration Project as defined in the Massachusetts Wetlands Protection Act, M.G.L. c. 131 § 40 Regulations at 310 CMR 10.04 and proposed activities qualify for the project types listed in 310 CMR 10.13(5) – Tidal Restoration Projects. As such, the project requires the filing of a “WPA Form 3A - Notice of Intent for an Ecological Restoration Project.” The project has proposed alterations to Bank, Bordering Vegetated Wetland (BVW), Riverfront Area, Land Under Water Bodies and Waterways (LUWW), Salt Marshes, Coastal Bank, and Land Subject to Coastal Storm Flowage which are protected resource areas under the Massachusetts Wetlands Protection Act, M.G.L. c. 131 § 40, 310 CMR 10.00. In addition to an Order of Conditions from the Yarmouth Conservation Commission, the following permits and approvals are required for the project: • Executive Office of Environmental Affairs – Massachusetts Environmental Policy Act (MEPA) Office Notice of Ecological Restoration Project (Confirmation received November 10, 2025, see Appendix F) • Massachusetts Historical Commission (MHC) Project Notification Form (PNF) • U.S. Army Corps of Engineers (USACE) Pre-Construction Notification (PCN) • Coastal Zone Management (CZM) Federal Consistency Concurrence • EPA Sole Source Aquifer Project Review • National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges from Construction Activities 1.1 Project Locus The Project Locus, as defined in 310 CMR 10.04, is an approximately 90-acre area located primarily on Yarmouth Assessor Parcel No. 58.1.1. The project includes work on several additional Hospital-owned parcels that contain portions of the former cranberry bog system, all of which are owned by Cape Cod Hospital. See Table 1-1 for a full list of project parcels. Land cover consists primarily of former cranberry bogs, woodland, and wetland environments that are located within the local floodplain. There are two Conservation Restrictions recorded against the title to the main parcel which, collectively, permanently protect approximately 66 acres of the approximately 90-acre site. Both Conservation Restrictions are held by 2 the Yarmouth Conservation Trust (YCT) and authorize ecological restoration within the restricted portions with the written approval of the YCT. The project proponents have requested the necessary authorizations under the CR for the proposed project. Table 1-1 Project Locus Parcels Map Number Lot Number Acreage Address 28 58.1.1 89.2 0 Rosetta Street 28 58.1.2 1.2 26 Oval Drive 28 58.1.4 1.1 22 Round Drive 36 93 9.0 4 Bayview Street 36 8 2.3 30 Bayview Street 36 10 0.3 40 Bayview Street 28 58.3 0.3 74 Bayview Street 28 58.4 0.4 86 Bayview Street 28 57 0.3 72 Bayview Street 28 73 0.5 28 Rosetta Street See Figure 1 for a USGS Topographic Map and Figure 2 for the FEMA Flood Rate Insurance Map (FIRM). 1.2 Project Site The Project Site (i.e., limit of work; further described in 310 CMR 10.04) consists of previous agricultural land and adjacent uplands. Cranberry bog farming occurred at the Site beginning on or about the late 1800s and continued intermittently until 1997 when commercial cranberry farming activities ceased and the bog was retired. The Project Site is defined in the Site Plans in Appendix A, and photos of existing conditions are included in Appendix B. 1.3 Existing Environment At retired commercial cranberry farms, a diversity of infrastructure is typically left behind and permanent alterations made to the landscape to support the previous farm operations are encountered. These alterations often include but are not limited to culverts, berms/dikes, water control structures, irrigation ponds, irrigation pipes, pump houses, perimeter ditches, interior ditches, canals, dams, sand fill atop native wetland soil, etc. Additionally, features observed include the filling, grading, and ditching of floodplains, and overall physical simplification of the landscape resulting in very little topographic change or complexity. At the Bayview Bogs Site, these features are present. One aspect that makes Bayview Bogs rather unique is the years of bog abandonment post-farming and prior to restoration that have resulted in the overgrowth of tall vegetation, including trees, on top of the altered bog soils and sand fill and further exacerbated by the altered hydrology. Presently, the fallow agricultural fields are bisected into units of cells with uniform earthen dikes that create barriers to surface flow and ecological connectivity. Ditches run along the toe of dikes, which create barriers to groundwater flow and drain the wetlands. 3 1.3.1 Existing Wetland Resource Areas Existing wetland resource areas are depicted on the Site Plans (Appendix A) and are based on field investigations that verified and refined DEP’s mapping, dated December 2017, of wetland resource areas at the Site. Field investigations were performed in April and May 2024, and November 2025 by Michael Soares (Senior Wetland Scientist) and Julianne Busa, PhD (Certified Senior Ecologist, Professional Wetland Scientist) of Fuss & O’Neill. Field investigations were conducted using the methodology presented in the Massachusetts Handbook for Delineation of Bordering Vegetated Wetlands (September 2022), the Corps of Engineers Wetlands Delineation Manual (January 1987), and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast Region (January 2012). Results of the field investigations were generally consistent with the DEP’s published mapping with minor refinements. Wetland resource areas located on the Project Site include Bank, Bordering Vegetated Wetland (BVW), Riverfront Area, Land Under Water Bodies and Waterways (LUWW), Salt Marsh, Coastal Bank, and Land Subject to Coastal Storm Flowage which are protected resource areas under the Massachusetts Wetlands Protection Act, M.G.L. c. 131 § 40 (the WPA), 310 CMR 10.00 (WPA Regulations). Wetland resource areas within and adjacent to the Site are shown on the Site Plans in Appendix A. 1.3.2 Rare Species According to the Natural Heritage & Endangered Species Program (NHESP) 15th edition, effective August 2021, the site is not within the limits of mapped Estimated or Priority Habitat for Rare Wildlife and Priority Habitat for Rare Species. While there is no regulatory obligation to address rare species, the project team has coordinated with NHESP for input on ways to enhance potential rare species habitat within the project design as described further in Section 4.1.9 below. 2 Ecological Restoration Goals 2.1 Purpose and Need The purpose of this project is to restore a naturally resilient wetland ecosystem through the removal of manmade barriers to hydrologic connectivity and tidal flow. In addition to this core ecological restoration mission, in collaboration with Cape Cod Hospital, Bayview Bogs offers a unique opportunity to enhance the healing mission of the Hospital, offering Hospital staff, patients, and family members a tranquil place for contemplation and reflection, and a place to take advantage of the therapeutic benefits of nature. Bayview Bogs will also be open to the larger community as a resource for passive recreation, offering a loop walking trail and boardwalks that allow residents from the local neighborhoods to experience the restored wetlands up-close and watch them evolve and grow over time. The need for the proposed project is due to the poor condition of the existing site, which is overgrown with invasive species, and no longer functioning as a natural wetland. The degree of hydrologic modification, including but not limited to the network of existing berms, ditches, dikes, and water control structures on the site (put in place for agricultural purposes) is such that the site has not and will not revert to healthy wetlands without intervention to restore tidal flow and natural hydrology despite being retired from cranberry farming for more than 20 years. At the southern/downgradient end, the former bog system is currently separated from Lewis Bay by an artificial agricultural berm and water control structure which restricts tidal influence from making its way upgradient into the bog system. 4 2.2 Ecological Restoration Goals The restoration design focuses on restoring tidal flow and healthy wetlands by undoing human alterations and implementing process-based restoration techniques intended to put the site on a trajectory toward long- term ecosystem recovery and continued dynamic change over time. Restoration practices at the site will enhance ecological function and habitat, as well as increase the habitat diversity of upland areas. Restoration activities have been designed to promote the recovery of a system that incorporates long-term natural restoration processes as the system continues to re-naturalize following initial restoration measures, and to allow for natural adaptation to a changing coastline as sea level rises and tidal influence reaches deeper into the restored site enabling potential marsh migration. The project team aims to achieve the following project goals and objectives with this restoration project: • Restore natural and more complex wetland and upland areas using a comprehensive ecological restoration approach at the retired cranberry farmland. • Create and connect a diversity of quality wetland types and wetland-upland transition zones for the benefit wildlife habitat. • Advance climate change preparedness, including enhanced climate resiliency, and opportunities for climate adaptation. • Remove barriers, such as culverts and water control structures to ensure appropriate wetland hydrologic conditions. • Create safe, passive recreational opportunities, including long-term management and stewardship. • Improve nuisance issues such as mosquitoes, ticks, and invasive plant species to the extent practical through design and management. • Create a design that will result in a self-sustaining ecosystem. • Ensure the involvement of a diversity of community stakeholders, including local environmental justice populations. Furthermore, the project furthers seven of the eight interests of the Wetlands Protection Act (Act): protection of ground water supply, flood control, storm damage prevention, prevention of pollution, protection of land containing shellfish, protection of fisheries, and protection of wildlife habitat. 2.2.1 Protection of Ground Water Supply As noted in the MA Wetlands Protection Act (Act), wetlands are significant in part because of their ability to remove and/or detain sediments, nutrients, and other pollutants that may be present in stormwater runoff and flood waters. Because of the dense development of land around Bayview Bogs, wetland restoration of the retired cranberry bogs will play an important role in protecting the quality of freshwater resources. Protection of groundwater supply will be enhanced through the proposed project in the following ways: • Increased residence time of surface water flowing into and through the site from the surrounding watershed, resulting in an increase in natural filtration processes, groundwater recharge, and attenuation of peak flows following storm events. • Increased native plants in restored wetlands, resulting in an increase in nutrient uptake, flow dispersion, and attenuation of flow velocities. 5 2.2.2 Flood Control The project proposes to dismantle a majority of the existing infrastructure that was designed to move water efficiently and effectively through the site. Without the water control structures, ditches, and berms that concentrate flow, the restored wetlands will provide increased residence time for stormwater, increased holding/storage capacity within the wetland soils and deeper marsh habitats, reducing peak flow volumes. A hydrologic modeling study was completed to look at 1) normal tidal inundation patterns under existing conditions and proposed restoration conditions with agricultural infrastructure removed, 2) a variety of inland precipitation conditions under existing and proposed conditions, and 3) future projected 2070 precipitation and sea level rise for both existing and proposed site conditions. Results of the modeling confirmed that the intended benefit of restoring tidal flow into the southern end of the site is achieved under proposed conditions—the model demonstrates that regular tidal inundation will be able to expand into the low-slope transition zone and extended tidal creek as designed. The modeling also indicated that the proposed restoration will not expand the extents of flooding on any of the surrounding properties during storm events, and the restored wetlands provide additional storage capacity that result in a decrease in water surface elevations during large storm events. At the southeastern end of the site, where an undersized and partially buried existing Town-owned culvert passes under Park Avenue and the roadway is already a low point (elevation 3.25), the modeling demonstrates that in a 100- year inland storm, the road is already overtopping under existing conditions. The proposed restoration will reconnect former cranberry bog cells at the southeast side of the site that were isolated following construction activities in the 1990’s to the larger restored wetland system. This will allow all outflows from the bog system to ultimately flow to the primary tidal creek connection, rather than the severely undersized and clogged secondary culvert on Park Avenue; the modeling indicates that this will result in a decrease in stormwater-driven flooding at Park Avenue, an improvement over existing conditions. Note that tidally-driven flooding of Park Avenue is not impacted by the restoration project. Similarly, under a 100-year storm surge, the entirety of the neighborhood and bog system are expected to experience flooding—at this scale of inundation, the project has no impact (positive or negative) on flooding outcomes. 2.2.3 Storm Damage Prevention Restoring wetlands will attenuate storm damage by increasing flood storage capacity, reducing peak flow volumes, and desynchronizing the input of stormwater runoff from surrounding neighborhoods. As noted in the WPA, vegetated banks and wetlands serve to maintain soil/sediment stability, which in turn contributes to storm damage prevention by curbing erosion and siltation. The proposed project will enhance bank stability in the following ways: • Proposed wetland restoration is designed to dismantle the infrastructure responsible for erosive, channelized flows. • Proposed roughening of bog cells to create microtopography will prevent erosive flow and promote slower, diffuse, braided flow paths through hummocky, vegetated wetlands. • Native wetland plants will stabilize sediment/soil, reduce sediment transport, and slow/desynchronize high flows downstream into the tidal creek. 6 2.2.4 Prevention of Pollution The proposed project contributes to the prevention of two types of pollution: nutrient pollution, and sedimentation. Nutrient pollution is a non-point source pollutant associated with stormwater runoff from the surrounding watershed and other surface waters that do not experience natural filtration processes. Soluble nutrients are picked up and transported into waterways, where they can contribute to eutrophication and algal blooms, foster overgrowth of plant matter, and reduce biologically available oxygen. Sediment is considered a pollutant because it can increase turbidity and alter habitat, degrading water quality for human use and wildlife. The proposed project prevents pollution from all three sources: • Proposed restoration is designed to reduce erosion by slowing flows and preventing additional sediment from being exposed or transported downstream. • The restored wetlands and decreased flow velocities provide more opportunity for sediment to settle out of the water, and for wetlands to perform ecosystem services functions, including filtration of nutrients and other pollutants. 2.2.5 Protection of Fisheries and Land Containing Shellfish By restoring the site, the proposed wetlands will protect downstream fisheries and shellfish habitat by filtering nutrients and sediment from the water before it reaches Lewis Bay. 2.2.6 Protection of Wildlife Habitat The proposed restoration will improve habitat conditions by increasing connectivity, diversity, quality, and quantity of wetland resource areas. Restoration of tidal flow, hydrologic connectivity, and BVW proposed through this project will significantly increase: • The amount of land area that can indefinitely support high-quality wildlife habitat. • The number and quality of connections for wildlife movement between existing upland/wetland habitats within and around the Site, as well as new connections proposed through the project. • The overall physical diversity and complexity of the Site. A primary goal of wetland restoration within the bog cells is to undo the existing simplified landscape that resulted from decades of commercial cranberry farming by re-introducing habitat complexity through the creation of microtopography, large wood habitat features, and upland “islands.” The project also proposes to proactively enhance turtle nesting habitat on site. 3 Alternatives Analysis Multiple alternatives were considered for various elements of this project, including conceptual focus on freshwater wetland restoration versus salt marsh restoration, alternative surface treatments, degree of berm and agricultural ditch removal, restoration concept for areas of existing mature trees, and management of the three existing manmade ponds. The preferred alternative provides a balance between environmental benefits, climate resilience, public benefits (including to Environmental Justice communities), and project costs. 7 3.1 No Action Alternative This alternative proposes to leave the retired cranberry bog and its infrastructure in their existing degraded conditions. This option would maintain trail connectivity as it currently exists, maintain the existing manmade ponds in their current condition, and maintain existing vegetation (which has trended toward upland habitat on much of the site). This alternative does not address the legacy impacts of agricultural activities and infrastructure on historic wetlands at the site. As a result, existing conditions will continue to hinder wetland development and allow the establishment of simplified habitats that are uncharacteristic of natural wetland ecosystems. Further, leaving the downgradient berm and water control structure in place would continue to restrict tidal flow into the system except in extreme high tide or storm surge events; during such events, saltwater that overtopped the berm would be restricted from draining off the site. Although this alternative avoids the costs associated with design, permitting, and implementation, it does not meet the goals of ecological restoration for either freshwater wetlands or salt marsh migration. 3.2 Restoration Focus: Freshwater Wetlands vs. Salt Marsh Migration As noted above, the Bayview Bogs site is situated just upstream of existing salt marsh, with a tidal creek that flows inland from Lewis Bay, up to the manmade berm and water control structure at the downgradient end of the bog system. Removal of this berm will remove the restriction to tidal flow and allow tidal influence into the site. Initially, under present-day conditions, tidal flow will extend only a short distance into the site. However, tidal influence can be expected to expand over time, extending further into the site as sea level rise results in an increase in the mean high tide level. As with many near-coastal cranberry bog restoration projects, this project faces an interesting ecological dilemma—how best to plan for a wetland restoration that will allow the site to function as a high-quality freshwater wetland in the near-term, while simultaneously setting it up to transition to a high-quality salt marsh system with increasing tidal influence over time. For this site, given site elevations and the projected path of change over time, the project team determined that the restoration goals would be best served by preferencing restoration of healthy functioning freshwater wetlands throughout the majority of the site, incorporating a smaller marsh migration transition zone at the southern-most end of the site designed to accommodate short-term salt marsh migration in areas that will receive near-term tidal influence. Upgradient of this area, in keeping with the process-based restoration approach that forms the foundation of the project, the site will be allowed to naturally transition from freshwater wetlands to tidal wetlands at its own pace as the coastline gradually adjusts with sea level rise. 3.3 Surface Treatment Alternatives: Microtopography vs. Positive Drainage A critical consideration in planning for this long-term transition is the treatment of the bog surface. Restoration of cranberry bogs to freshwater wetlands typically involves substantial “roughening” of the former bog platforms. This treatment, which can be performed in a variety of methods, generally involves turning over the sanded bog surface using heavy equipment. Roughening is the physical action that breaks apart the existing mat of cranberry plants and the underlying sanded surface. The objectives of this restoration activity are to: break up the mat of cranberry plants; de-compact and mix the sanded surface with organics; expose underlying native peat deposits, to promote groundwater expression and germination of the dormant seed bank of native wetland plants; and relocate soils within the bog cells to fill existing ditches and create physical diversity (aka, microtopography) to increase habitat. On the other hand, salt marsh restoration 8 typically preferences positive drainage to avoid having water trapped in pools on the marsh and potentially drowning sensitive marsh grasses. At Bayview Bogs, given the decision to restore freshwater wetlands across the majority of the site, we have incorporated typical 12” microtopography surface treatment into much of the restoration area. At the southern end of the bog, where near-term tidal inundation is anticipated based on elevations, the design includes a low-slope, smooth-surfaced marsh migration transition zone. Immediately upgradient of this zone is a narrow zone of 6” microtopography to maintain freshwater wetland conditions but create a surface that will be more easily smoothed out by future tidal flows and welcoming to marsh migration. 3.4 Degree of Berm and Agricultural Ditch Removal The removal of all berms at the site is most efficient for restoring natural hydrologic conditions. At Bayview Bogs, interior berms are not extensive, and there is sufficient space in deposition areas and perimeter ditches to relocate berm material. The design therefore incorporates removal of all water control structures within berms and removal of the full (or near-full) lateral extent of berms separating bog cells to maximize hydrologic connectivity in the system. In most locations, the full depth of berms will also be removed. In particular locations, berms will be removed down to a specified grade to form an earth grade control which will allow for restored hydrologic connectivity in higher water conditions, while simultaneously preventing higher elevation bog cells from being drained of water in lower water conditions. As the berms currently provide the trail surface for existing trails through the bog system, maintenance of access following restoration will require the installation of boardwalks wherever sections of berm are removed. Boardwalks carried on helical piers will be constructed across these restored areas where needed to maintain connectivity of the trail network and allow visitors to view and engage with the various restored wetland habitats. Elimination of these berms will substantially restore the hydrologic connections between the bogs, and critically, the connection between the tidal creek and the bogs, and provide the optimal conditions to create self-sustaining wetlands. The existing artificial agricultural ditches effectively drain the bog platform and concentrate that drainage from the site in an unnatural way. Historic USGS topographic maps of the site indicate that there were no historic streams through the site, with the only natural waterway the tidal creek that historically conveyed tidal flows from Lewis Bay up into the site. The intent of these agricultural ditches was to control water movement through the site, allowing individual bogs to be flooded and drained quickly, as required for cranberry production. The existing ditches are incised below the bog platforms, causing water to drain and concentrate in the ditches, moving the water quickly downgradient, rather than allowing it to spread across the bog surfaces as is characteristic of natural wetland hydrology. Filling the ditches is proposed to restore a more natural hydrologic regime characterized by low velocity flow through broad, vegetated rather than bypass the restored bogs. This will in turn yield wetter conditions that facilitate wetland development in the restored bogs and increase residence time and thereby provide increased opportunities for both flood storage and nutrient attenuation. 3.5 Restoration of Areas of Existing Mature Trees Because of the altered hydrology on the site designed to drain much of the wetland areas, and as is typical of many retired cranberry bogs, several sections of the site are transitioning to uplands—in the case of Bayview Bogs, the site has been retired from agriculture for several decades and extensive mature tree 9 cover has developed. Notably, much of this vegetation is invasive, with significant populations of gray willow (Salix cinerea) in addition to other woody invasives (these and other invasives on site are currently being managed through an ongoing pre-restoration treatment program under a separate NOI). Leaving these areas as is would fail to restore wetland habitats and simultaneously maintain a very low-diversity system, however leaving trees in place while restoring hydrology would ultimately result in large expanses of standing dead as the trees die off due to rewetting of the site. Further, existing conditions limit visibility and provide cover for extensive encampments of unhoused individuals throughout portions of the site. As these are not desirable options in keeping with the wetland restoration goals, the preferred alternative is to remove a majority of the trees internal to the former cranberry bog cells to allow for thorough filling of the ditches and surface microtopography to best meet the project’s wetland restoration goals. As noted on the plans, select native trees will be preserved to enhance habitat diversity, provide shelter and food for wildlife species, and form scattered upland islands throughout the wetland system; this activity will be field-directed by the designer during construction. 3.6 Management of Existing Ponds At least two of the existing ponds on the site are manmade features from remnant agricultural operations. However, they provide habitat diversity on the site. Rather than converting these areas to BVW, the proposed design will preserve the ponds, with earthwork proposed to soften unnaturally steep edges and create fringing wetland or emergent marsh habitats to more naturally blend the ponds with the surrounding habitat. The most southern pond already exhibits this type of fringing marsh. This pond margin has been identified as a light-touch-zone and will serve as the reference habitat for restoring pond edges at the other two pond locations. 4 Proposed Project 4.1 Ecological Restoration Elements The Project will restore nearly 47-acres of former cranberry bogs by removing the agricultural berms and water control structures that currently block tidal exchange with Lewis Bay to restore tidal connectivity, recreate healthy functioning freshwater wetlands, and allow for a gradual transition to salt marsh as sea level rises. Over a decade of assessment, design, and construction implementation of wetland and stream ecological restoration projects on retired cranberry farms by DER and partners shapes the current technical approach for this project. Massachusetts has restored nearly 500 acres of wetlands on retired cranberry farmland and more than 10 miles of stream through eight completed cranberry bog projects. Sixteen more are in various stages of planning, design, permitting and construction. Similar project teams partnered on the successfully completed Eel River Headwaters (2010), Tidmarsh Farms Phase I (2016), Foothills Preserve (2020), Childs River (2022), Mattapoisett Bog (2025), Coonamessett River Upper and Lower Bogs (2018, 2025), and Windswept Bog (2025) restoration projects. The restoration results have been positive, dramatic, and immediate. (Findings concerning DER’s technical restoration approach with partners, which has been refined over the past 10 years, as well as benefits of restoration on former cranberry farmland can be found in a 2020 report “Learning from the Restoration of Wetlands on Cranberry Farmland: Preliminary Benefits Assessment” published by Living Observatory: https://view.publitas.com/p222-2239/preliminary-benefits- assessment/page/1.) Retired cranberry bogs across the Northeast region are heavily modified from decades of intensive land and water manipulation. All this work emphasizes the central role of hydrology and 10 connectivity in reestablishing healthy and self-sustaining natural systems on degraded former agricultural lands. 4.1.1 Restored Tidal Connection The ultimate outlet from the former cranberry bogs currently consists of a drop-inlet water control structure which prevents tidal influence from making its way into the site. The water control structure and berm will be removed in their entirety to restore tidal flow. The downgradient marsh platform elevation and tidal creek elevation will be restored through the removed berm area and carried into the site to create a low-slope marsh migration transition zone with positive drainage toward the tidal creek. 4.1.2 Removal of Irrigation Lines All irrigation lines encountered within the bog cells or other areas of active restoration will be removed and disposed of. 4.1.3 Removal of Water Control Structures, Berms, and Agricultural Ditches All other remnant agricultural water control structures and berms interior to the site will be removed to restore hydrologic connectivity across bog cells. All material that comprises the berms – sand, soil, and possibly stone – will be repurposed at the site to plug drainage/irrigation ditches, restore upland areas, and achieve the desired grades for successful wetland restoration. Specifically, material excavated from berms will typically be used to fill perimeter ditches and/or exported to upland depositional areas. The existing network of artificial drainage ditches efficiently moves surface water through the site and significantly reduces the residence time of surface water in bog cells. The network of ditches concentrates flow and prevents the broad, diffuse movement of surface water across the surface of the bog cell. To reverse these modifications, all perimeter and internal agricultural ditches that were previously constructed to direct and control water will be filled to reestablish natural hydrology, allowing water to spread across the bog surface instead of being conveyed to ditches and bypassing the bog platforms. Material from the bog platforms (higher in organic content) will be preferenced for filling of internal ditches. 4.1.4 Earth Grade Controls At select berm removal locations, rather than removing the full depth of berm material, the berms will be removed down to a specified grade and naturalized to form an earth grade control which will allow for restored hydrologic connectivity in higher water conditions, while simultaneously preventing higher elevation bog cells from being drained of water in lower water conditions. These earth grade controls are proposed at the berms at three locations: 1) from Bog cell A into Bog cell C, 2) from Bog cell B into Bog cell C, and 3) from Bog cell C into Bog cell E. At each of these locations, the upgradient bog cell platform and observed ground water elevations are approximately 1-foot higher than the corresponding elevations in the downgradient cell. The proposed grade controls will help to maintain sufficient ground water elevations in the upgradient cells to maintain wetland hydrology and support wetland vegetation communities. 11 4.1.5 Diffuse Flow Path Connections Additional excavation will occur in upland areas between existing bog cells E and F and between bog cells F and G to create diffuse flow paths that foster connectivity between the former bog cells at the south end of the site which are currently functioning in isolation from the larger system. Providing a connection from Bog cells F and G to Bog cell E will also allow flow to move from F/G into E during periods of higher water, lessening concern about limited drainage capacity at the restricted culvert under Park Avenue at the south end of Bog G by redirecting this outflow toward the north and ultimately through the primary tidal creek connection under Park Avenue further west. Existing ditches north of the pond will be naturalized to create diffuse flow paths to spread water across the former bog cell surface at this end of the site (shown on the Site Plans as Bog H in Appendix A). In each of these cases, proposed modifications will consist of earthwork to create flow paths that are more natural and promote broad, shallow, diffuse, and geomorphically complex surface flows across the site. 4.1.6 Excavation Areas In order to facilitate development of a variety of wetland habitats and mimic natural wetland conditions seen already in select locations on site, excavation is proposed in select areas to lower the ground surface elevation and promote the formation of semi-permanently and seasonally flooded wetlands that support wetland and/or aquatic vegetation. The selection of these areas has been based on in-situ monitoring well data and soil probing investigations which confirmed that conditions are present (i.e., shallow groundwater table, native peat deposits) to sustain semi-permanently and seasonally flooded wetlands at these locations. All excavated material will be repurposed at the site to plug drainage/irrigation ditches and achieve the desired grades for successful wetland restoration. Additional areas of excavation have been identified along the northwest edge of Bog E where existing bog cell elevations are higher than that of the surrounding bog platform. Excavation from these areas is intended to achieve average surface elevations consistent with those of the adjacent bog cell platform and avoid having these areas become too dry to support wetland development. Excavated material from these areas will be used to fill perimeter ditches or exported to upland depositional areas. 4.1.7 Microtopography/ “Roughening” Surface Treatment to Create Hummock-Hollow Topography Microtopography or “roughening” will be employed as a surface treatment across significant portions of the former bog cell platforms. This method rearranges material in place to create high points and low points (a heterogenous landscape), adding significant microtopography and landscape diversity through ‘messing up’ the surface in lieu of full excavation. For retired cranberry bogs, roughening is the physical action that breaks apart the existing mat of cranberry plants and the underlying sanded surface. The objectives of this restoration activity are to break up the mat of cranberry plants; de-compact and mix the sanded surface with organics; expose underlying native peat deposits, promote groundwater expression and germination of the dormant seed bank of native wetland plants; and relocate soils within the bog cells to fill existing ditches and create physical diversity (aka, microtopography) to increase habitat. This approach can achieve a variety of elevations that allow for engagement of groundwater throughout the site, rather than a wholesale lowering of the surface elevation through export of material. The standard microtopography detail proposed for the site 12 will result in variations of approximately 12-inches between the highs and lows across each bog platform. Microtopography also allows for incorporation of bog platform material into the irrigation ditches to fill ditches and erase the linear network of ditching currently seen across the site. A zone of 6-inch microtopography is proposed immediately upgradient of the low-slope marsh migration zone to provide an interim surface treatment and further facilitate natural long-term marsh migration. Note that site work involved in microtopography will also include the intentional clearing of decades of overgrown upland and invasive vegetation. This proposed clearing is necessary to allow natural processes to restore and revitalize the wetland over time in areas that have otherwise trended toward upland habitats and require intervention to restore wetland hydrology. Many of the trees removed from these areas will be re- incorporated into the wetland surface for habitat roughness and complexity; others will be buried in depositional areas or possibly chipped and removed from the site. 4.1.8 Naturalization of Existing Ponds Of the three existing ponds on site, only the southern-most pond has relatively natural banks that transition into emergent wetlands. Earthwork is proposed along the banks of the remaining two ponds to soften the steep, constructed banks and create fringing wetlands to enhance habitat diversity. 4.1.9 Turtle Nesting Habitat While the site is not officially mapped as rare species habitat, the project design has incorporated input from the NHESP staff to proactively enhance rare species habitat capacity in both wetland areas and upland areas to provide refuge for turtles and other wildlife within an otherwise developed and urbanized area. In particular, several areas previously identified as turtle nesting habitat are being preserved in the design and will be protected during construction. Additional areas of nesting habitat are proposed in areas with similar conditions. See Appendix A for site plans, and Appendix C for the conceptual design, including ecological restoration elements. 4.2 Access Improvements and Site Amenities In addition to ecological restoration, Bayview Bogs will offer meaningful public health and recreational benefits. New walking trails, a therapeutic landscape area, scenic overlooks, and seating areas will increase access to open space and promote passive outdoor recreation, which is directly linked to physical and mental health benefits. The site’s proximity to the Hospital means it will also serve as a place of respite and healing for healthcare workers, patients, and their families, providing a natural, restorative environment for contemplation, reflection, and healing. This directly aligns with the healing mission of the Hospital and will provide long-term health and wellness benefits to the broader community. 4.2.1 At-Grade Trail Network The existing farm road that surrounds the perimeter of the bog cells will remain as the basis for the primary trail loop. Portions of this trail that are part of the Therapeutic Landscape Area (see next section) and 13 intended to provide full ADA-compliant accessibility will have a hardened surface; the remainder of the bog road will remain a natural dirt surface as it is today. 4.2.2 Therapeutic Landscape Area The Therapeutic Landscape Area is proposed immediately east of Bayview Ave and the Hospital and contains more programmed elements to provide a space of respite and reflection that compliments the Hospital’s healing mission by providing exposure to the therapeutic benefits of immersion in nature. This area is located within existing uplands and will feature shorter ADA-compliant trail loop options to allow visitors of all abilities to enjoy the site. The design incorporates seating and semi-private nooks for individuals or small clusters of people to gather and look out over the restored wetlands. 4.2.3 Neighborhood Connection Points and Trailheads In addition to the access point at the Therapeutic Landscape Area, the site will have several trailhead connections into the surrounding neighborhoods, typically in locations where historic connector trails once existed. These will allow neighbors to benefit from easy access to the site as well as provide an alternate walking or biking route from areas near Virgina Street and Cleveland Way to make their way toward the beach or other points of the neighborhood away from vehicular traffic. Trailheads will feature small upland kiosks and wayfinding signage. 4.2.4 Boardwalks Raised boardwalks are proposed to balance pedestrian access with ecological restoration. Boardwalks will be constructed to maintain trail connectivity in areas along the existing farm road where agricultural berms are being removed. A longer “marsh meander” boardwalk is also proposed across Bog Cell E to create accessible trail access to the central portion of the site for education and engagement purposes. The boardwalks are specifically designed to allow for full removal of constructed agricultural berms to restore natural hydrologic connectivity and reduce human impact on sensitive marsh areas by keeping foot traffic elevated and contained. The use of helical piles ensures that only minimal, pinpoint disturbance occurs at each structural post and groundwater and surface flows can move freely under the boardwalks. The boardwalks will also allow natural tidal flow and sediment movement to continue uninterrupted as tidal influence moves deeper into the site in the future — a critical element for the long-term health and function of the restored wetland system. 4.2.5 Overlooks and Benches A series of small (100 square feet or less) overlooks are planned throughout the site with benches or informal seating (e.g. boulders). Some overlooks will be at-grade natural surfaces, others will be constructed as platforms similar to the boardwalks and supported on helical piers. Overlooks and seating areas along the trail network will provide users of all ability and mobility levels with rest points and opportunities to experience the restored site up-close and observe the dynamic nature of the wetland habitats as they evolve and grow over time. 14 4.2.6 Signage Educational signage and wayfinding signage is planned throughout the restored site to assist in navigating the trail network and provide information on the restoration process, restored wetland habitats, and future marsh migration potential of the site. See Appendix A for site plans, and Appendix C for the conceptual design, including access improvements and site amenities. 5 Wetland Restoration Monitoring Plan Wetland restoration success is measured by attainment of the successful and stable long-term establishment of wetland hydrology, hydric soil development, percent coverage of hydrophytic plants, and function and value development. The following post-construction monitoring program is proposed to evaluate and document the effectiveness of the project in achieving the restoration goals. The monitoring program will be implemented at the conclusion of construction and will continue for a period of three full growing seasons. In the first season following restoration, restored areas will be monitored for vegetative emergence from the buried native seed bank, as well as groundwater elevations and surface water flows. Based on 10+ years of prior experience from other successful cranberry bog restoration projects, the native seedbank within the former cranberry bogs is expected to be uncovered by the restoration techniques and to begin to emerge in the first growing season. Vegetation communities will be monitored for emergence and percent cover. Should insufficient emergence be observed or if vegetation does not match the targeted wetland community types, the project team will consider whether additional strategic planting of wetland species should be incorporated into the restoration. The extant native seed bank is also anticipated to provide sufficient seed source for vegetative cover in the restored upland areas. Construction specifications have been written to provide for seeding of any areas, which, upon post-restoration visual monitoring, are not vegetating with sufficient cover to stabilize the soil surface. Monitoring of invasive vegetation and treatment of remaining invasives will be ongoing, in keeping with the Invasive Species Management Plan outlined prior to restoration. Photo monitoring points will be established in the field and sampled pre-restoration. Post-restoration photos will be taken at these locations to track change over time as the restoration progresses. Photos will be taken immediately following restoration and at regular intervals throughout the growing season for comparison to the baseline pre-restoration photos. Direct visual observations will be used to monitor flow of water through the restored site, in particular: • Noting conditions at the restored tidal connection and the extent of tidal inundation during typical tidal cycles and extreme high tide events. (Note that tidal inundation extents are anticipated to be limited to the southern end of the site in the near-term, with longer-term expansion of tidal influence expected to accompany sea level rise.) 15 • Monitoring flows across the restored diffuse flow paths, particularly from Bog cell G into Bog cell E. • Monitoring of water levels in the excavation areas and microtopography areas within each bog cell and functioning of the earth grade controls to maintain sufficient water in upgradient bog cells to promote healthy wetland hydrology. Annual vegetation monitoring will be conducted to assess establishment, survival and coverage of native plantings in restored wetland habitats. A brief report will be provided after the conclusion of each growing season that documents overall percent-cover of native vegetation at the site, a list of dominant species observed, and any observances of invasive vegetation within the restored areas. Additionally, DER has a standardized Ecological Monitoring Plan that it employs at each one of its Cranberry Bog Restoration Program (CBRP) project sites both pre- and post-restoration. The goal of CBRP monitoring is to assess, evaluate, and learn from cranberry bog wetland restoration projects to advance the mission of the CBRP. The Plan draws on the jurisdictional definition of wetlands provided in the 1987 U.S. Army Corps of Engineers (USACE) Wetlands Delineation Manual (WDM), which states that to determine wetland status, three conditions must be met: (1) flooded or saturating hydrology, (2) hydric soils, and (3) wetland- adapted vegetation. The CBRP Monitoring Plan outlines key questions that monitoring may help answer, specifies parameters to be tracked, details sampling schemes, and describes the analytical and reporting methods that will be used. The Plan targets sampling pre-restoration, and in years 1 (as close to time zero as appropriate), 3, 5, 7, and 10. 6 Impacts The proposed project will result in temporary and permanent impacts to wetland resource areas. Impacts are summarized in Table 6-1 below. 16 Table 6-1 Summary of Wetland Resource Area Impacts Resource Area Total Impact Area/Length Net Change (Gain or Loss of Resource) Following Restoration Notes Bank 2,633 lf +~500 lf Temporary impacts to existing bank. Creation of bank anticipated from extension of tidal creek. Bordering Vegetated Wetland (BVW) 109,540 sf (2.5 acres) +2,040,130 sf (46.8 acres) Significant additional BVW will be restored from former cranberry bog cells (45.8 acres) and areas of berm removal (~1 acre). Retired Cranberry Bog 1,994,408 sf (45.8 acres) -1,994,408 sf (-45.8 acres) Loss due to former cranberry bogs converted to BVW. Riverfront Area 213,444 sf (4.9 acres) +~120,000 sf (~2.75 acres) Increase anticipated from northward expansion of tidal creek into marsh transition zone. Land Under Water Bodies and Waterways (LUWW) 88,262 sf (2.0 acres) No change Temporary impacts. Salt Marsh 52,708 sf (1.2 acres) No change No immediate change. Restoration of tidal flow will allow for marsh expansion in the future with sea level rise. Coastal Bank 726 lf No change No immediate change anticipated. Land Subject to Coastal Storm Flowage (LSCSF) 3,316,199 sf (76.1 acres) No change No change. 6.1 Inland Bank The project will result in approximately 2,633 linear feet (lf) of impacts to Inland Bank. Impacts to Bank will result from restoration work to naturalize the banks of existing manmade ponds. These impacts will be temporary in nature and will not impair: 1. The physical stability of the Bank; 2. The water carrying capacity of the existing channel within the Bank; 3. Groundwater and surface water quality; 4. The capacity of the Bank to provide breeding habitat, escape cover and food for fisheries; and 5. The capacity of the Bank to provide important wildlife habitat functions. 17 In addition, extension of the existing tidal creek into the site will create approximately 500 lf of new Bank. Immediately post-restoration, this stretch of the creek is anticipated to be freshwater tidal, and has therefore been counted as Inland Bank. 6.2 Bordering Vegetated Wetland As indicated on Form 3A, the project will result in impacts to approximately 2,103,948 sf (48.3 acres) of BVW; this number is broken down in Table 6-1 to areas consisting of retired cranberry bog versus areas of healthy, natural BVW on site. Temporary impacts may occur to up to 109,540 sf (2.5 acres) of BVW outside of the cranberry bog cells. The proposed restoration will permanently restore 1,994,408 sf (45.8 acres) of existing retired cranberry bog to BVW. An additional 45,722 sf (~1 acre) of BVW will be restored via berm removal and removal of fill to restore wetland connectivity between different bog cells. These areas were previously degraded due to legacy impacts of agricultural activities, and will be restored to improve wetland functions and processes and allow the site to re-naturalize. Collectively, this will result in a net increase in BVW of approximately 46.8 acres. The created BVW will enhance the ecological, habitat, and hydrologic values of the Site and support the interests of the Act. The wetland will be created as shown on the Site Plans in Appendix A and will be monitored for invasive species and wetland performance post-restoration. With regard to the performance standards: 1. Proposed work within BVW will restore wetlands and result in improvement over existing conditions. 2. Proposed work will not result in a loss of BVW. 3. The project will not have an adverse effect on habitats of rare vertebrate or invertebrate species. 4. The project will not destroy or impair portions of BVW within an Area of Critical Environmental Concern. 6.3 Riverfront Area The proposed project will impact approximately 213,444 sf (4.9 acres) of Riverfront Area. Riverfront is associated with the tidal creek which currently terminates at the bog outlet; the associated 200-foot arc from this terminus extends northward into the retired cranberry bog. The project proposes grading in this area to extend the tidal creek and create a low-slope transition zone for future marsh migration. This extension of the creek will result in an associated net increase of approximately 120,000 sf (2.75 acres) of riverfront area. Relative to the Performance Standards in 310 CMR 10.58(4), proposed work in Riverfront: 1. Will not negatively impact other resource areas. 2. Will not impact rare species. 3. Is the most practicable and substantially equivalent economic alternative evaluated. 4. Will have no significant adverse impact on the riverfront area. 6.4 Land Under Water Bodies and Waterways The project may conservatively result in approximately 88,262 sf (2.0 acres) of temporary impacts to LUWW. LUWW exists within the three existing ponds, at least two of which are manmade agricultural infrastructure. No work is explicitly planned within LUWW; however, temporary impacts may occur from adjacent construction activities. 18 Temporary alteration of LUWW will not impair: 1. The water carrying capacity provided by said land in conjunction with the banks; 2. Ground and surface water quality; 3. The capacity of said land to provide breeding habitat, escape cover and food for fisheries; and 4. The capacity of said land to provide important wildlife habitat functions. 6.5 Salt Marsh The proposed project may conservatively result in temporary impacts to up to approximately 52,708 sf (1.2 acres) of Salt Marsh. No construction work is currently planned within existing salt marsh (located immediately north of Park Avenue along the tidal creek), However, management of Phragmites in this area is currently underway under a separate Order of Conditions, and once invasive vegetation is better controlled, the project team may discover additional tidal restrictions (e.g., remnant agricultural berms or other obstructions to tidal flow) that require removal. We have conservatively included this area in our limit of work and impact calculations to allow for flexibility in restoration actions needed to improve the condition of the salt marsh, in accordance with the performance standards for salt marsh, which allow that a project which will restore or rehabilitate may be permitted. 6.6 Coastal Bank The proposed project may conservatively result in temporary impacts to up to approximately 726 lf of Coastal Bank. Limited temporary impacts are expected from grading and excavation needed to remove the berm and water control structure at the bog outlet and extend the tidal creek and marsh platform into the restored cranberry bog. No other immediate impacts to Coastal Bank are anticipated, however, as with Salt Marsh, we have conservatively included the entirety of the Coastal Bank extending down to Park Avenue within our limit of work and impact calculations to allow for flexibility in restoration actions needed to improve the condition of the tidal creek and remove any additional obstructions to tidal flow discovered following the management of Phragmites along and in the creek. 6.7 Land Subject to Coastal Storm Flowage The majority of the proposed project is within LSCSF. The project will therefore temporarily impact approximately 3,316,199 sf (76.1 acres) of LSCSF for the purposes of ecological restoration. The proposed restoration will not result in any adverse impacts and is anticipated to positively enhance the ability of LSCSF to provide such ecosystem services as: 1. Improving the ability of the land to absorb and contain flood waters. 2. Improving the ability of the land to buffer more inland areas from flooding and wave damage. 3. Decreasing the elevation or velocity of flood waters. 4. Improving the ability of the resource to serve as a wildlife habitat and migration corridor. 5. Enhancing capacity for the migration of salt marshes due to sea level rise. 19 6.8 Construction Sequence The proposed project will be constructed in one or more phases, depending on the availability of funding to implement the restoration design. Phasing and construction within each phase will be sequenced so as to conduct all restoration activities in a manner that a) maintains the existing berms and farm roads needed for equipment to access bog cells farthest from the designated construction access until they have been fully restored and b) maintains downgradient water control structures to serve as the primary means of sediment and water control while upgradient restoration work is performed. In each phase, ecological restoration requires the following work to be performed, generally in the order described: • Installation of erosion and sedimentation controls and re-routing of surface water around the work area, if needed. (Note that the existing water control structures and irrigation ditch infrastructure will provide most of the water control needed to manage phased restoration.) • Clearing and grubbing of bog cells is expected to take place either immediately prior to roughening and excavation or as part of the same earthwork operations in each bog cell. Wood will either be immediately incorporated into the restored wetland surface or stockpiled for use in filling ditches or as woody debris elsewhere in the restoration work at the direction of the designer. Prior to beginning earthwork in a given bog cell or area of the site, the contractor will review with the designer trees or clusters of trees to be preserved as upland habitats. • Roughening and/or excavation of bog surfaces to disrupt the compacted sanded surface, fill all irrigation ditches, create microtopography, promote groundwater expression, and expose the native seed bank in underlying peat deposits. • In phases where applicable, modify existing, incised irrigation/drainage ditches between bogs and/or excavate upland soils to create a diffuse flow path with pit-&-mound topography. • Removal of the constructed berms proposed for removal, relocation of berm material to perimeter irrigation/drainage ditches within adjacent bogs or, if needed, to designated depositional areas. • Removal of WCS currently located in berms proposed for removal. • Grading around the bog perimeters to establish a transition zone from restored wetlands to adjacent upland habitats. Removal of the downgradient outlet and berm at the upper end of the tidal creek to restore tidal flow into the site is anticipated to be one of the last elements of restoration. This will facilitate continued use of the structure for water and sediment control during work across other portions of the site and avoid introducing tidal flow into the site while other work is occurring. Boardwalk and overlook construction (as well as the construction of the Therapeutic Landscape Area) are anticipated to occur as one of the last elements of the project, and will follow the implementation of all ecological restoration elements within each area of the site. 6.9 Construction Period Best Management Practices Construction-period Best Management Practices (BMPs) have been incorporated into the design to minimize potential impacts to the environment during construction and build upon the successful implementation of past cranberry bog restoration projects in Massachusetts. These include: 20 • Construction sequencing planned to enable use of existing water control structures as the primary water and sediment controls during construction • Construction tracking pad • Cofferdams to protect the work area from incoming tide when the downgradient tidal restriction is being removed • Additional erosion and sediment controls (e.g., silt fence, straw bales, erosion control blanket) to be installed to protect down-gradient resource areas where no active work is planned (e.g. the down- gradient tidal creek) and around upland areas where trail surfacing or construction of Therapeutic Landscape elements are proposed • If needed, a pumping settling basin and/or bypass piping to reduce ground saturation of work areas • Minimization of construction equipment access and disturbance outside of existing access roads and disturbed areas • Adherence to best practices regarding construction time of year (TOY) with respect to wildlife expected or encountered on site o Note that no official TOY Restrictions are required for the work. There are no mapped rare species habitats on site, and in an April 2025 correspondence with Massachusetts Division of Fisheries and Wildlife, it was determined there are no TOY restrictions for fisheries. See Appendix D. o The project team has also consulted on construction best management practices with NHESP staff for specific species, including turtles. A construction tracking pad will be installed at construction access points to minimize sedimentation into the roadways (Bayview Street). The construction tracking pad will consist of filter fabric overlaid with washed stone. The roadway will be swept as needed to remove material that may be tracked onto the pavement. Note, however, that construction traffic into and out of the site will be limited; equipment is generally expected to arrive on site at project initiation and remain throughout the duration of the project. Other than debris to be disposed of, no material is proposed to leave the site, and materials to be brought into the site are quite limited with the exception of lumber and materials associated with the ADA trails and Therapeutic Landscape Area. All erosion and sedimentation controls will be regularly monitored and maintained as necessary to ensure proper functioning for their intended purpose. As noted above and on the Site Plans (Appendix A), the existing water control structures will be used as the primary means of sediment and water control during construction, as these structures provide a built-in means of managing flows and containing sediment. Where these structures are proposed to be removed as part of the restoration, phasing of removals will be planned to account for this use. A detailed dewatering plan will be developed by the selected contractor prior to construction which shall provide additional detail and will be provided to the Yarmouth Conservation Commission for review and approval prior to start of construction. No equipment will be stored, maintained, or repaired in wetland resource areas. A National Pollutant Discharge Elimination System (NPDES) General Permit “General Permit” for Discharges from Construction Activities will be obtained prior to construction since the construction Site is greater than 1- 21 acre. A Stormwater Pollution Prevention Plan (SWPPP) will be developed prior to submitting the registration under the NPDES General Permit in accordance with the conditions of the General Permit.7 7 Operations and Maintenance Plan 7.1 Restored Wetlands The project proposes a process-based restoration approach which focuses on repairing the natural movement and storage of water as a driver for wetland recovery and ultimate re-establishment of a self- sustaining wetland system. The restored wetlands have thus been designed to operate autonomously with minimal maintenance. The majority of the existing infrastructure on site will be removed as part of the restoration project, further minimizing maintenance needs. Primary maintenance will be related to invasive species management. See Appendix E for the Invasive Plant Management Plan. Additional maintenance efforts may include: • Repair of eroded areas • Repair of earth grade controls as needed to re-establish design elevations consistent with conditions depicted on design drawings and/or to modify elevations to meet the design intent of achieving dispersed flow through the former bog cells. • Removal and disposal of any manmade/foreign debris or trash. • Critically, the system is also intended to be dynamic over time. Change is expected and welcomed, particularly as tidal inundation expands across new portions of the site with sea level rise in the future. 7.2 Boardwalks The boardwalks and viewing platforms are not expected to be treated and will be allowed to weather naturally. Maintenance of the boardwalks will consist of repair/replacement of any damaged boards and/or railings in places where height above the ground surface dictates a requirement for safety rails. Additions of trail and educational signage may also be considered part of future maintenance. Boardwalk crossings should be inspected annually and after significant storm events. This monitoring should include the following: • Check for active erosion; take appropriate corrective actions to stabilize any areas of erosion • Inspect structural integrity of the boardwalk • Remove accumulated litter, non-natural debris 7.3 Trails To ensure that the accessible trail remains safe, functional, and enjoyable for all users while minimizing environmental impact and sustaining long-term durability, the following routine operations and maintenance should be conducted: 22 • Inspection Schedule: Conduct monthly inspections for surface condition, drainage functionality, vegetation encroachment, and trail signs. • Surface Maintenance: Regrade uneven surfaces, and repair surface after erosion. • Vegetation Management: Trim overhanging branches and clear invasive vegetation at least twice per year to maintain width and prevent tripping hazards. • Signage Maintenance: Regularly clean, repair, or replace trail signs to provide clear guidance and information to users. Annual Maintenance Tasks • Erosion Control Measures: Reinforce trail edges to prevent erosion caused by water runoff. • Infrastructure Repair: Evaluate and repair bridges, boardwalks, or benches along the trail. 8 Regulatory Compliance 8.1 Abutter Notification Abutters within 100-feet of the Project Locus will be notified via certified mail at least seven days prior to the public hearing in accordance with 310 CMR 10.05(4) and the Town of Yarmouth Wetlands Protection Regulations. A copy of the certified abutters list and abutter notification form are provided in Appendix F. 8.2 Massachusetts Environmental Policy Act (MEPA) A Notice of Ecological Restoration Project was submitted to the MEPA office on September 29, 2025. In an email dated November 10, 2025 (see Appendix G) the MEPA office confirmed that, under 301 CMR 11.01(2)(b)4., the Secretary did not decide within 10 days after the comment period that an Environmental Notification Form (ENF) is required for the proposed project, and therefore any Agency Action required for the Project may be taken at this time if required to obtain a Restoration Order of Conditions, provided that the Agency Action is deemed to be conditioned on the ultimate issuance of the Restoration Order of Conditions. A Notice of Intent Ecological Restoration Project was published in the November 26, 2025, edition of the Environmental Monitor (see Appendix H). 8.3 MassDEP Stormwater Management Guidelines The project will not include creation of any new point source discharges, or expansion of a drainage system for increased collection. Per the recommended final decision issued on July 29, 2016 in the Matter of Berkshire Community College Docket # WET-2015-023 from the MassDEP Office of Appeals and Dispute Resolution, it was ruled that 310 CMR 10.05(6)(k) through (q) does not apply to a project that does not propose a “point source” or “stormwater discharge” within resource areas or their Buffer Zones. Construction-period BMPs will be implemented for erosion and sedimentation control including installation of sediment control barriers, and installation of a temporary pump settling basin and other water control measures as appropriate. A SWPPP pursuant to the requirements of EPA’s Construction General Permit will be prepared prior to construction detailing appropriate stormwater management practices. 23 Ultimately the restoration project will result in stormwater benefits by increasing the ecosystem’s natural capacity to attenuate stormwater, providing greater storage in the upper watershed, and limiting erosion and sedimentation caused by high velocity flows through measures designed to slow and spread stormwater inputs through the system. 8.4 Water Supply Wells The Proposed Project does not have the potential to negatively impact private water supply wells, including agricultural or aquacultural wells or surface water withdrawal points. Figures USGS Topographic Map FEMA FIRM (Panel No. 25001C0569J, July 16, 2014) Appendix B – Site Photos Bayview Bogs Ecological Restoration/Yarmouth Photo 1: Looking at the outlet of the most downstream water control structure and berm that separate the former cranberry bogs from the tidal creek and connectivity with Lewis Bay. Photo 2: Standing on the berm at the final water control structure that outlets from the bog system, looking downstream (south) along the tidal creek that connects to Lewis Bay. The structure at foreground blocks tidal influence from entering the site. Bayview Bogs Ecological Restoration/Yarmouth Photo 3: Typical view of one of the remnant agricultural ditches within the former cranberry bog. Photo 4: View of one of the more naturalized areas at the interior of the site, where the edges of the agricultural ditch have become less defined. Bayview Bogs Ecological Restoration/Yarmouth Photo 5: Trash left behind in an upland area associated with a homeless encampment. Photo 6: Looking northwest along the old farm road that traverses the outer edge of the former cranberry bogs. The retired cranberry bog platform and an agricultural ditch are visible at right of image. Bayview Bogs Ecological Restoration/Yarmouth Photo 7: Looking south toward Park Avenue, at the inlet of the more westerly Town-owned culvert that connects the tidal creek to Lewis Bay. The road crossing is the most southerly limit of the proposed project site. (No work is proposed at the culvert at this time.) Photo 8: Looking South from Park Avenue at the more westerly Town-owned culvert, toward Lewis Bay. This portion of the tidal creek and adjacent salt marsh are not within the proposed project; photo included for downstream context. Bayview Bogs Ecological Restoration/Yarmouth Photo 9: Standing on Park Avenue at the more eastern Town-owned culvert, looking north into the project site. As seen in the image, the area is dominated by the invasive plant Phragmites australis. Appendix C – Concept Renderings