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HomeMy Public PortalAbout2022 03 22 Public Meeting PacketUSGS Topographic Map USGS Topographic Maps Property Tax Parcels NHESP Map for 3057 Main Street NHESP Priority Habitats of Rare Species NHESP Estimated Habitats of Rare Wildlife Property Tax Parcels Site Photos. 3057 Main Street. 1.25.22 INDEPENDENT ENVIRONMENTAL CONSULTANTS, INC. 162 West Long Pond Road, Plymouth, MA 02360 508-274-0310 February 28, 2022 Brewster Conservation Commission Brewster Town Hall 2198 Main Street Brewster, MA 02631 Re: Wetlands Mitigation (1,200 sq.ft.) – 162 Underpass Road, Brewster, MA Commission Members, Independent Environmental Consultants, Inc. (IEC) has prepared this wetlands mitigation plan for the proposed project and Notice of Intent filing for 162 Underpass Road, Brewster, MA. The applicant proposes to create a 1,200 sq.ft. wetland area, adjacent to wetland flags A14 towards A17 of the BVW wetland (wooded swamp) located within this property. This new section of BVW wetland will be created at the toe of slope adjacent to the delineated edge of wetlands. Refer to the project site plans for 162 Underpass Road, Brewster, MA, prepared by Moran Engineering, Inc. Prior to any work activities a silt sock will be installed at the edge of wetlands from wetland flag A14 towards wetland flag A17. The area of land located just upland at the toe of slope along wetland flags A14 towards A17 will be lowered in elevation to the same elevation of the adjacent BVW wetland (edge of wetlands). Existing soils will be removed to the depth of the existing BVW wetland – land surface elevation, for the creation of the 1,200 sq.ft. wetland mitigation area. A peat soil mixture will be added to the wetland mitigation area. Native wetland plant species will then be planted within the selected wetland mitigation area. The new native wetland plants include the following: SAPLINGS - Red Maple saplings; SHRUBS – Highbush Blueberry, Northern Arrowwood, Sweet Pepperbush; HERBS – Cinnamon Fern, Tussock Sedge. The wetland mitigation will also be seeded with a FACW wetland seed mixture. The wetland mitigation planting area will be planted during the growing season, with suitable planting temperatures and soil conditions. The new plantings will be planted according to accepted horticultural practices. The wetland mitigation planting area will be monitored for 3 years. Annual reports concerning the new wetland mitigation area will be submitted to the Brewster Conservation Commission. The new wetland mitigation area will increase the size of the BVW wetland by 1,200 sq.ft. The wetland mitigation area will provide new wildlife habitat, and will also increase and enhance wildlife habitat values for a variety of wildlife species. This wetland mitigation area will improve wildlife corridors and will improve wetland wildlife habitat areas within the subject property. Paul J. Shea, PWS President wpaform3.doc • rev. 6/18/2020 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): 162 Underpass Road a. Street Address Brewster b. City/Town 02631 c. Zip Code Latitude and Longitude: d. Latitude e. Longitude 77-9 f. Assessors Map/Plat Number 10 g. Parcel /Lot Number 2. Applicant: Paul a. First Name Wallace b. Last Name c. Organization P.O. Box 444 d. Street Address Brewster e. City/Town MA f. State 02631 g. Zip Code 508-246-2892 h. Phone Number i. Fax Number paulwallace@outerbarco.com j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner John a. First Name Peters b. Last Name c. Organization 162 Underpass Road d. Street Address Brewster e. City/Town MA f. State 02631 g. Zip Code 508-241-5754 h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Paul a. First Name Shea b. Last Name IEC c. Company 162 West Long Pond Road d. Street Address Plymouth e. City/Town MA f. State 02360 g. Zip Code 508-274-0310 h. Phone Number i. Fax Number paulshea162@gmail.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $440.00 a. Total Fee Paid $207.50 b. State Fee Paid $232.50 c. City/Town Fee Paid wpaform3.doc • rev. 6/18/2020 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town A. General Information (continued) 6. General Project Description: Proposed clean up of existing property, grading and landscaping, creation of new bvw wetland areas, and planting of the 50' buffer zone areas with native plant species, within this property at 162 Underpass Road, Brewste, MA. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) c. Book d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 6/18/2020 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 6/18/2020 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 6/18/2020 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 Phone: (508) 389-6360 2019 b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work  (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site  Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act.  MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 6/18/2020 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Hull to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 6/18/2020 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 6/18/2020 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Brewster City/Town D. Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. Proposed Plan to Accompany NOI for 162 Underpass Road, Brewster, MA a. Plan Title Moran Engineering b. Prepared By Daniel Croteau, P.E. c. Signed and Stamped by February , 2022 d. Final Revision Date 1" = e. Scale f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 2. Municipal Check Number 3. Check date 4. State Check Number 5. Check date Paul 6. Payor name on check: First Name Wallace 7. Payor name on check: Last Name noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Applicant Information 1. Location of Project: 162 Underpass Road a. Street Address Brewster b. City/Town c. Check number $207.50 d. Fee amount 2. Applicant Mailing Address: Paul a. First Name Wallace b. Last Name c. Organization P.O. Box 444 d. Mailing Address Brewster e. City/Town MA f. State 02631 g. Zip Code 508-246-2892 h. Phone Number i. Fax Number paulwallace@outerbarco j. Email Address 3. Property Owner (if different): John a. First Name Peters b. Last Name c. Organization 162 Underpass Road d. Mailing Address Brewster e. City/Town MA f. State 02631 g. Zip Code 508-241-5754 h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Category 1 4 $110.00 $440.00 Step 5/Total Project Fee:$440.00 Step 6/Fee Payments: Total Project Fee: $440.00 a. Total Fee from Step 5 State share of filing Fee: $207.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $232.50 c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) PROJECT – Notice of Intent application for 162 Underpass Road, Brewster, MA Isolated Land Subject to Flooding (By-law) – Isolated Wetland (By-law) The subject property located at 162 Underpass Road in Brewster contains an isolated topographical depression area located adjacent to the existing driveway, and adjacent to Underpass Road. In 1998, a very small topographical depression was classified as Isolated Land Subject to Flooding (ILSF) under the Town of Brewster Wetlands By-law. This ILSF is not classified a state regulated wetland resource area, or a state ILSF. This topographical depression area and Town ILSF has experienced site alterations, filling, and impacts since 1998. The small ILSF area is approximately 300 sq.ft. in size. This ILSF have been inspected and evaluated many times, including during the winter season (wet season) when groundwater elevations are typically at the highest elevations; and after significant rain events during the wet season. No standing water has been observed within the small topographical depression area. No standing water or pooling of water has been observed within the topographical depression area. No wetland wildlife habitat exists within the small topographical depression area. The depression area does not contain greater than 50% wetland vegetative species. Existing soils around and within the depression area are mostly loose sandy soils, with underlying areas of silt and clays. Previously, the topographical depression area we are proposing to fill with suitable soils was noted to be Isolated Land Subject to Flooding (By-law). The subject area is approximately 300 sq.ft. in size, and could contain on best estimates 450 cubic feet of water (17 cy). Refer to attached letter from Daniel P. Croteau, P.E., Moran Engineering Assoc., LLC, dated 3-3-22. While we disagree with the existing isolated wetland classification, we have accommodated for this storage within our NOI application by directing the stormwater towards the existing large BVW wetland located downgradient, which can accommodate such limited volume onsite within the existing topography on-site. No flood storage capacity will be lost, and there is even proposed capacity of four times the area for restoration with native wetland plantings along the BVW. A new area of BVW wetland (1,200 sq.ft.) will be created within the area of wetland flags A14 towards A17, adjacent to the BVW wetland resource area. This will meet the performance standard for this isolated flood area, specifically by allowing the relocation of the flood storage into an area that can accommodate it on-site. The current location is underlain by silt and clays, which removes its potential to protect/affect public/private drinking water or groundwater, so accommodating this flood storage meets the applicable performance standards. The proposed site changes are protective of the applicable wetland interests, and will result in an increase of wetland areas, and enhanced wildlife habitat values. 1 of 1 M ORAN E NGINEERING A SSOC., LLC 941 Main Street, P.O. Box 183, South Harwich, MA 02661 Daniel P. Croteau, PE Richard Judd, RS Michael Ladue, PLS (508) 432-2878 FAX (508) 432-3501 MoranEng@gmail.com March 3, 2022 Paul Shea, PWS Independent Environmental Consultants, Inc. 162 West Long Pond Road, Plymouth, MA 02360 To: Paul Shea Paul, the following calculation was performed per your request of a determination of the holding capacity of the I.LS.F depicted on the 1997 site plan at 162 Underpass Road. The boundary of the ILSF delineated on the plan is assumed per regulation to be depicting the outer limit of the flooding indicators and the perimeter of the largest observed or record volume of water confined in the area. The surface area of the ILSF shown is measured from the plan as 300 sf. Further the plan shows 2ft contours with the edge of the ILSF being 2ft or less above the bottom of this depressed area. Using the adjacent contours as a guide to the ground slope within the ILSF, an average depth of 1.5 ft for the record volume would allow for a conservative estimate. The volume held within the depicted I.L.S.F is best estimated as: 300 sf x 1.5 ft = 450 cf (17 cy). Sincerely, Daniel P. Croteau, PE Civil Engin eering • Land Surveying PROPOSED PROJECT – 162 Underpass Road, Map 77-9, Parcel 10, Brewster, MA The proposed project by the applicant includes the cleaning up of the existing property located at 162 Underpass Road in Brewster. Refer to project site plan prepared by Moran Engineering. The proposed work activities include the following: 1. General clean-up of the existing property. Removal of all the large concrete drainage structures, old wood structures, metal, old construction equipment, trucks, boat, and debris within this property. 2. Existing bvw wetland (wooded swamp) located onsite within the northern section of the property, wetland flags include A1 – A21, edge of bvw wetland. Proposed filling of an upland (non-wetland) topographical depression area located adjacent to Underpass Road and the driveway to 162 Underpass Road. Slope the land to allow natural drainage flow downgradient to the north towards the bvw wetland and stream located to the north, towards wetland flags A3 – A5. 3. Proposed cleaning of the existing culvert at wetland flag A3, concrete culvert which carries a stream under Underpass Road via a concrete culvert. Which allows the stream to flow into the subject property, and bvw wetland at flag A3. 4. Proposed cleaning up of the bvw wetland and the 50’ buffer zone areas within the property. 5. Creation of a new, narrow, linear area of bvw wetland (1,200 sq.ft.) located within the property, located near and adjacent to wetland flags A14 towards A17. Creating new square footage (1,200 sq.ft.) of bvw wetlands located within the property by slightly lowering the topography just upgradient of flags A14 towards A17. Plant native wetland plant species: Sapling, Shrub, Herbaceous within the new linear wetland area. Bump out the 50’ buffer zone associated with the new wetland area from flags A14 towards A17. Proposed native plants for new BVW wetland area include: SAPLINGS – Red Maple, Tupelo; SHRUBS – Highbush Blueberry, Northern Arrowood, Sweet Pepperbush; HERBS – Cinnamon Fern, Sedges. 6. Any existing altered areas of the 50’ buffer zone located within the site that need to be revegetated will be revegetated with native plant species currently growing within the 50’ buffer zone areas onsite. The objective is to have a fully vegetated 50’ buffer zone to provide protection for the bvw wetland located downgradient of bvw wetland flags A6 to A17. 7. The new bvw wetland areas and the replanted 50’ buffer zone areas will provide new wildlife habitat for a variety of wildlife species within this subject property. The replanted 50’ buffer zone areas will provide a natural vegetated buffer zone for the bvw wetland located downgradient within this property. ALTERNATIVES ANALYSES – 162 Underpass Road, Brewster, MA ALTERNATIVE 1 This alternative is the chosen alternative by the applicant which includes the cleaning up of the existing property, the removal of concrete drainage structures, construction equipment, trucks, boats, storage sheds, debris. This alternative includes the filling and grading of the existing topographical depression area (300 sq.ft.) located onsite, which is located adjacent to Underpass Road, and adjacent to the entrance driveway to 162 Underpass Road. This landscaped area will be planted with native plant species. This alternative includes the creation of a linear area (1,200 sq.ft.) of BVW wetland located within the land just upland of wetland flags A14 towards A17. The new area of BVW wetland (1,200 sq.ft.) will be planted with native plant species (wetland plant species). This will increase the square footage of BVW wetland within the property. Areas of the 50’ buffer zone located within this site will be revegetated with the planting of native trees, saplings, shrubs, and herbaceous species, to create a new vegetated 50’ buffer zone area to add protection to the existing BVW wetland. The new BVW wetland area and the new 50’ buffer zone areas will increase wildlife habitat areas and wildlife habitat values within this subject property. This alternative will result in improved site conditions, an improved vegetative community, increased wetland habitat, and improved wildlife habitats located within the BVW wetland, and improved wildlife habitats located within the 50’ buffer zone areas within this subject property. ALTERNATIVE 2 This alternative is a scaled down version of alternative 1, which will result in less improvements to the property, to the BVW wetland, and the 50’ buffer zone. This alternative will result in less improvements to the wetlands, the 50’ buffer zone, and the wildlife habitats within this property, as compared to the overall improvements that were mentioned in alternative 1. This is not the chosen alternative of the applicant. ALTERNATIVE 3 The alternative is the no-build or no-work alternative, which would leave the existing property, the BVW wetland, the 50’ buffer zone areas, and the topographical depression area, in their current conditions. With this alternative, there will be no new areas of BVW created, there will be no improvements to the BVW wetland, the 50’ buffer zone, or the wildlife habitat located within this subject property. This is not the chosen alternative of the applicant. The site will remain in its current physical conditions. Variance – 50’ Buffer Zone, 162 Underpass Road, Brewster, MA The proposed project will require a variance from the Brewster Conservation Commission for proposed work activities located within the 50’ buffer zone of the BVW wetland located within the subject property. The proposed work activities located within the 50’ buffer zone include the following: 1. The removal of debris, concrete drainage structures, construction equipment, and sheds currently located within the 50’ buffer zone of the BVW wetland onsite. 2. Filling, grading, and landscaping associated with the proposed filling of the onsite topographical depression area, with associated work activities located within the 50’ buffer zone. 3. The planting of native trees, saplings, shrubs, and herbaceous species within the 50’ buffer zone; to increase the vegetative community of the 50’ buffer zone, which will improve and increase the wildlife habitat values of the 50’ buffer zone of the BVW wetland, and will also increase the overall protection of the BVW wetland, by replanting past disturbed areas of the 50’ buffer zone, and by planting new native plant species throughout the 50’ buffer zone of the BVW wetland. 4. The 50’ buffer zone within this property will be restored and enhanced by the proposed native plantings located within the 50’ buffer zone area. 5. A variety of wildlife species (resident & migratory) will benefit from the replanting of the 50’ buffer zone areas within this property, and the revegetated 50’ buffer zone areas and enhanced 50’ buffer zone areas will provide valuable new wildlife habitat, and protected wildlife travel corridors for a variety of wildlife species. 6. The creation of new forested wetland areas (BVW wetland) located within the existing 50’ buffer zone area, at wetland flags A14 towards A17 within this property, (1,200 sq.ft. of new bvw wetland) which will increase size of the onsite bvw wetland. 7. The creation of new foested upland areas (50’ buffer zone), vegetated (overstory, understory, herbaceous layers) located within the 50’ buffer zone area, which will result in new wildlife habitat areas, and a vegetated 50’ buffer zone area, which will act as a natural vegetated buffer zone for the downgradient BVW wetland. The proposed project, which includes the creation of 1,200 sq.ft. of BVW wetland and the restoration of 50’ buffer zone areas within the property, will result in significant improvements to the existing conditions located within the 50’ buffer zone within this property, and the creation of new wildlife habitat areas within the BVW wetland and the 50’ buffer zone of the BVW located within this subject property. cherry cherry oak apple sycamore maple oak oak 44 42 40 40 38 38 36 36 34 34 32 32 30 30 28 28 26 26 24 24 22 22 20 20 18 18 16 16 14 14 12 12 10 10 42 Maple 26" Oak 14" CAPE COD BAY CB (FND) CB (FND) PROPERTY IS LOCATED IN THE FEMA 100 YEAR, VE FLOOD ZONE EL=15.0 PER MAP# 25001C0414J Zone VE Zone X Coastal B a n k Top of Reventm e n t Wrack Line Top of SlopeBottom of Slope186.88'193.98'180.00'Flag Pole Bottom of Reve n t m e n t Path with Wooden Steps DB ST SAS Current Septic System per BOH records Area of Ivy 50' BUFFE R Z O N E 100' B U F F E R Z O N E oak oak pine pine oak oak cherry 1,597 sqft of Invasive Plant Management and Native Planting 2,674 sqft of Invasive Plant Management and Native Planting 10 Eastern red cedar 2 White oak 1 Birch 3 Pitch pine 6 Scrub oak 7 Pitch pine sycamore maple sycamore maple Remove 2 invasive sycamore maples Existing pitch pine saplings Remove 1 invasive sycamore maple AUTUMN OLIVE TO BE MANAGED SHRUB HONEYSUCKLE/ BITTERSWEET TO BE MANAGED AUTUMN OLIVE GROVE WITH RUGOSA ROSE UNDERSTORY TO BE MANAGED 12 Arrowwood 14 Sweetfern 7 Sweetfern 6 Bayberry 4 Carolina rose 42 Bayberry and Beach plum 5 Bayberry and Beach plum 18 Arrowwood 19 Sweetfern 48 SPA 46 44 46 48 48 48 46LIMIT OF WORKPROPOSEDSHEDVEGETATION MANAGEMENT, PLANTING, AND VIEW CORRIDOR FROM SE9-1905 Seed native grasses on areas of bare soil within footpath and newly installed stairway Native mitigation planting 1,500 SQFT 350 sqft Lawn removal for vegetated buffer 2 Black cherry 5 Black chokeberry 12 Carolina rose 175 sqft Lawn removal for vegetated buffer ADDI T I O N COVE R E D P A T I O PRO P O S E D P A V E D DRIV E W A Y WALK W A Y STEP STEP STEP STEPWALK W A Y PROP O S E D P A T I O (DRY- L A I D ) EXIST I N G 3 B E D R O O M D W E L L I N G +1 BE D R O O M E X P A N S I O N BH WALKWAYPRO P O S E D 2 - C A R GAR A G E 5 American holly THIS DRAWING AND ALL IDEAS EMBODIED THEREIN IS PROPRIETARY INFORMATION OF WILKINSON ECOLOGICAL DESIGN, INC. (WED) AND SHALL NOT BE COPIED, REPRODUCED, OR DISCLOSED IN CONNECTION WITH ANY WORK OTHER THAN THE PROJECT FOR WHICH IT HAS BEEN PREPARED, IN WHOLE OR PART, WITHOUT PRIOR WRITTEN AUTHORIZATION FROM WED. © 2022 WILKINSON ECOLOGICAL DESIGN, INC. FOR PERMITTING PURPOSES ONLY THIS DRAWING IS NOT INTENDED FOR CONSTRUCTION NOTES: REV DATE DESCRIPTION LEGEND: DRAWN BY:CHECKED BY: DATE:SCALE: SURVEY PROVIDED BY: 1-Mar-22 k:\clients\dune rd_23_bre\consult\plans (phase 2 pool)\resto\20220131_resto_dune rd_23_bre.dwg 1 OF 1 IPJS 1" = 20'2/23/2022 JATHAS 23 DUNE ROAD BREWSTER, MA RESTORATION PLAN J.M. O'REILLY & ASSOCIATES, INC. 1573 MAIN STREET - ROUTE 6A P.O. BOX 1773 BREWSTER, MA 02631 00 20'40' N Scale: 1"= 20' RESTORATION PLAN1 6,296 SQFT MITIGATION INVASIVE PLANT REMOVAL AND RESTORATION PLANTING 4,271 SQFT LAWN REMOVAL 525 SQFT ADDITIONAL NATIVE MITIGATION PLANTING 1,500 SQFT 36 MITIGATION TREES count common name scientific name size 5 American Holly Ilex opaca #15 1 Birch Betula populifolia #15 2 Black Cherry Prunus serotina #3 - #5 10 Eastern Red Cedar Juniperius virginiana 6'-7' 10 Pitch Pine Pinus rigida #5 6 Scrub Oak Quercus ilicifolia #1 2 White Oak Quercus alba #10 144 NATIVE SHRUBS count common name scientific name size 30 Arrowwood Viburnum dentatum 3'-4' 5 Black Chokeberry Aronia melanocarpa #1 53 Bayberry & Beach Plum Morella caroliniensis #1 Prunus maritima #1 16 Carolina Rose Rosa carolina #1 40 Sweetfern Comptonia peregrina #1 590 NATIVE GRASSES AND FORBS common name scientific name size American Beachgrass Ammophila breviligulata plug/culm Little Bluestem Schizachyrium scoparium plug Switch Grass Panicum virgatum plug Anise Hyssop Agastache foeniculum #1 Black Eyed Susan Rudbeckia fulgida #1 Eastern Showy Aster Eurybia spectabilis #1 Foam Flower Tiarella cordifolia #1 Purple Coneflower Echinacea purpurea #1 Tall White Beardtongue Penstemon digitalis #1 White Wood Aster Eurybia divaricata #1 1. APPROXIMATELY THREE GROWING SEASONS WILL BE REQUIRED TO CONTROL AND/OR ERADICATE INVASIVE PLANT SPECIES. AFTER THREE GROWING SEASONS, MONITORING AND MINIMAL MAINTENANCE WILL BE ONGOING. 2. HERBICIDES ARE TO BE APPLIED BY LICENSED INDIVIDUALS ONLY. 3. A TEMPORARY, AUTOMATED ABOVE-GROUND IRRIGATION SYSTEM WILL BE REQUIRED FOR THE FIRST TWO/THREE GROWING SEASONS WHILE NEW PLANTS ARE ESTABLISHING. ONCE PLANTS ARE ESTABLISHED IRRIGATION WILL BE REMOVED. 4. ALL RESTORATION PLANTINGS WILL INCORPORATE EXISTING NATIVE SPECIES UNLESS OTHERWISE SPECIFIED IN THE APPROVED DOCUMENTS. 5. ANY DISCREPANCIES BETWEEN THE PLANTING SPECIFICATION AND THE PLAN, THE PLAN SHALL TAKE PRECEDENCE. 6. ALL EXPOSED SOILS WITHIN THE VEGETATION MANAGEMENT AREAS WILL BE SEEDED WITH NATIVE CAPE COD MEADOW MIX UNLESS OTHERWISE SPECIFIED. LAND MANAGEMENT PLAN 23 Dune Road | Brewster, MA February 22, 2022 N EXISTING CONDITIONS DIAGRAM #23 DUNE R O A D NTS TOP OF C O A S T A L B A N K EXISTING REV E T M E N T SCRUB OAK SHRUBLANDPITCH PINE OAK WOODLAND 50’ BUFFER 100’ BUFFER 2 INTRODUCTION The purpose of this Land Management Plan (LMP) is to describe vegetation management of State-listed and non-native plant species and the restoration of native plant communities. These actions will provide mitigation for the proposed construction activities. PROJECT GOALS The two primary goals of this LMP are to: 1. Restore and conserve native plant communities throughout all jurisdictional areas of the property outside existing landscape surrounding the residence. 2. Improve the vegetative buffer along the top of slope by converting a portion of the existing lawn into a dense buffer of native grasses, forbs, and low growing shrubs. The project goals and activities serve the interests of the Massachusetts Wetlands Protection Act and the Brewster Wetland By- law. Proposed activities will meet all applicable resource area performance standards, improve conditions for the benefit of extant wildlife, diversify plant species, and promote natural communities. The numbered photo points and directions correspond to the numbered images on page three. 1 2 22 11 3 EXISTING CONDITIONS The existing residence and landscape is located in the center of the property. The vegetation outside of the existing landscape is a mixture of Scrub Oak Shrubland, located on the face of the Coastal Bank, and a Pitch Pine Oak Woodland. The Scrub Oak Shrubland includes the project area associated with SE9-1905. Two distinct areas of State-listed invasive and non-native vegetation were identified on the property. The areas shown in red on the Existing Conditions Diagram is dominated by large mature autumn olive. The canopy of autumn olive has shaded out most native species, except for poison ivy growing in the shady conditions. Non-native rugosa rose is growing along the top of the existing revetment where more sunlight is available. Asiatic bittersweet is also growing within the invasive plant thicket by wrapping itself to the other invasive shrubs to reach the sunlight. The area shown in orange is also highly invaded with State-listed invasive and non-native vegetation. The tree canopy in this area is a mixture of native pitch pine, oak, and black cherry with invasive Norway maples. The ground layer vegetation is dominated by a think cover of English ivy, as seen in the picture below. A hedge of shrub honeysuckle runs along the eastern property line. 11 22 N PROJECT AREA DIAGRAM NTS #23 DUNE R O A D Planting from SE9-1905 EXISTING REV E T M E N T LAWN CONVERSION TO VEGETATED BUFFER MITIGATION PLANTING 50’ BUFFER 100’ BUFFER 4 PROPOSED PROJECT ACTIVITIES The project goals will be met through the following proposed activities: 1. Removal of invasive and non-native vegetation that will outcompete the native plant community restoration efforts. 2. Planting of appropriate native species to restore native plant communities and planting to increase the width of a dense native vegetated buffer along the top of slope. Vegetation Management Vegetation management will target invasive, non-native, and aggressive plant species within the project area including autumn olive, Norway maple, Asiatic bittersweet, shrub honeysuckle, English ivy, and all other invasive, non-natives, and aggressive native vines approved for management. While the plan does not propose functional eradication of aggressive native species like poison ivy, it should be reduced to encourage the health of other native plant species and to allow for establishment of the target native plant communities. 5 Invasive plant species can cause profound changes to environmental conditions of a site including soil nutrient levels, sun exposure, increased erosion, and the ability to negatively affect resources for wildlife. Autumn olive. According to the Nature Conservancy, this plant was introduced in 1830 as an ornamental plant that could provide habitat, and food to wildlife, and act as erosion control. For these reasons it was widely planted by the Soil Conservation Service. Its high seed production (200,000 seeds from one mature plant) was thought to be a positive attributes, but quickly lead to its rapid and uncontrollable spread. Autumn olive can also out compete native species by changing the chemistry of soil to stop germination of other plants, a process called allelopathy. It also produces its own nitrogen, allowing the plant to grow in even the most unfavorable soils. Asiatic bittersweet poses a serious threat to restoration efforts due to its high reproductive rate, long-range dispersal mechanisms, and the ability to root-sucker. Vines of this plant species also have the ability to aggressively wrap around and grow over other vegetation, strangling mature trees. Even entire plant communities can be over-topped and shaded out by the vine’s rapid growth. Norway Maple have very shallow roots and produce a great deal of shade which makes it difficult for grass and other plants to grow in the understory below. This tree also spreads rapidly at maturity because of the large volume of seed that are produced. English ivy is an aggressive invader that threatens to overtake multiple vegetation levels, from ground cover to mature trees, as it smothers plants and limits their ability for photosynthesis. The vines can weigh a tree down making it more susceptible to storm damage. Treatment methods for the targeted plant species will include “cut and wipe” to treat individual stems, or low-volume foliar application, only where necessary. Low-volume spot application will only be used for the target species of vine honeysuckle and English ivy if the stem diameters are too small to make the “cut and wipe” method effective. All herbicide applications will be performed by Massachusetts licensed applicators. Pre-treated vegetation will be removed mechanically in areas that are accessible to equipment and remaining root materials will be root-grappled, as necessary, in preparation for seeding and soil stabilization. Native soils will not be removed from the project area. Hand removal is proposed n areas where no machine access is possible or where machines could damage native vegetation and/or stability of the bank. Where invasive vines, including bittersweet, are intertwined with viable native species, they will be treated and left in place until desiccated, then removed in order to avoid damaging underlying vegetation. Immediately following vegetation management, all bare soil will be seeded with the native seed mix listed on the Restoration Plan and covered with a biodegradable mulch product, or biodegradable erosion control blankets, where necessary. Plant Management Protocols in the Appendix on page eight include species-specific information on the environmental effects of the targeted non-native and invasive species and management strategies of the species. Native Plant Restoration After invasive species management has reached approximately 85% eradication of the target plant species, the project area will be planted with the native trees and shrubs to restore the target plant community types. Refer to the Restoration plan for a full listing of the proposed species and locations. The planting will increase the plant diversity, variety of insect food, soft mast, and types of cover habitat present. Native plant restoration recommendations are based on a number of environmental factors including soils, topography, solar exposure, salt tolerance, and existing plant communities. Recommendations primarily consider the long term health of the resource area by proposing to increase biological diversity through the removal of invasive species and the restoration of native a plant community. Regulatory Compliance It is WED’s professional opinion that project activities described in this Land Management Plan serve the interests of he Massachusetts Wetlands Protection Act and the Brewster Wetland By-law. Proposed activities will meet all applicable Resource area performance standards, improve conditions for the benefit of extant wildlife, diversify plant species, and promote natural communities. 6 Spring • Pre-treat invasive and non-native plant species approved for removal with an herbicide appropriate to the species. Treatment methods, depending on species, size, and environmental conditions, will consist of “cut and wipe” method to individual stems, and low-volume foliar application only where necessary for plant species like English ivy and vine honeysuckle. • Seed bare soils from initial vegetation management with native grass seed mix and cover with a biodegradable mulch product, or biodegradable erosion control blankets, where necessary. Summer/Fall • As previously treated trees, shrubs, and vines re-sprout and any remaining seed bank germinates, selectively treat using a cut and wipe application to all previously listed species at the appropriate rates if necessary, other wise hand pull targeted species. General Notes: • Herbicides used are to be applied by knowledgeable, Massachusetts licensed individuals only. • All herbicide applications will avoid non-target native species. Winter/Spring • After most other deciduous plants have gone dormant, hand-pull small quantities of any persistent target species, or cut and wipe application as necessary. • Monitor plant response to earlier management treatments and calibrate follow-up treatments accordingly. Summer/Fall • As previously treated trees, shrubs, and vines re-sprout and any remaining seed bank germinates, selectively treat using a cut and wipe application to all previously listed species at the appropriate rates if necessary, other wise hand pull targeted species. • Complete the planting within area of vegetation management if invasive and non-native plants have been reduced by 85% and install an automated, temporary, above ground irrigation system to help establish new plants to the growing conditions. THREE YEAR LAND MANAGEMENT TIMELINE Season 1 Season 2 7 Season 3 Winter/Spring • After most other deciduous plants have gone dormant, hand-pull small quantities of any persistent target species, or cut and wipe application as necessary. • Monitor plant response to earlier management treatments and calibrate follow-up treatments accordingly. Summer/Fall • As previously treated trees, shrubs, and vines re-sprout and any remaining seed bank germinates, selectively treat using a cut and wipe application to all previously listed species at the appropriate rates if necessary, other wise hand pull targeted species. Ongoing Ongoing Maintenance • If land management treatments have been successful, only monitoring and hand removal will be required to keep non-native and invasive species from being reintroduced. Invasive plants generally take a minimum of three to five years of active management to reach a level of successful control. • Invasive plant removal is recommended to be an ongoing part of the life of the Order of Conditions for this project in order to maintain the restored condition of the plant communities on the property. Ongoing invasive plant removal is typically carried out three to five times per year depending on the site conditions and client preference. We ask that this condition be incorporated into the Special Conditions of the Order. 8 APPENDIX Invasive Plant Management Protocol Invasive Plant Management Protocols are designed to maximize the effectiveness of treatments and minimize disturbance to natural resources through mechanical removal, hand removal, or selective herbicide application where necessary. Appropriately timed treatments are based on individual plant life cycles, growing seasons and levels of infestation. A program of selective herbicide application will be instituted during time periods when the plants will translocate the herbicide most efficiently to the roots materials. As the carbohydrate transfer is dictated primarily by weather, the management timeline is specified by season only, necessitating field expertise to initiate timely management procedures. Please reference the Three Year Land Management Timeline for specific treatment times. The Massachusetts Invasive Plant Advisory Group (MIPAG) is responsible for classifying plants as invasive in the state of Massachusetts. The plant species listed in the protocols below include their invasive status as defined by MIPAG. 1. Asiatic Bittersweet (Celastrus orbiculatus) poses a threat to the preservation of native plant communities because it has the ability to form dense stands in open fields and forests alike. It is most effectively controlled using a “cut-and-wipe” method of herbicide application with an ultra-low volume Triclopyr-based herbicide. A low volume foliar spray or a basal bark treatment is also very effective. (MIPAG Listed Invasive). 2. Autumn Olive (Elaeagnus umbellata) is a deciduous shrub or small tree that has the ability to fix atmospheric nitrogen, allowing the species to readily out-compete native species and amending the surrounding soils with nitrogen that is available for other invasive plants as well. A cut-stump herbicide application with glyphosate-based herbicide is most effective treatment for this species. (MIPAG Listed Invasive). 3. English Ivy (Hedera helix) is an aggressive evergreen vine that is often used as an ornamental groundcover. It has the potential to completely out-compete all low-growing vegetation where it is growing. English ivy can also grow into trees where it will cover the trunk and branches, excluding light from the leaves and killing the branches from the ground up. The tree eventually becomes susceptible to blow over due to its weakened state and the added weight of the vine. Mechanical uprooting followed by treatments of a Triclopyr-based herbicide is the preferred treatment method for this plant. (Not a State-Listed invasive). 4. Poison Ivy (Toxicodendron radicans), although a nuisance to people, is a native plant with high wildlife value. The berries which appear in late summer persist into the winter months and provide many songbirds and other wildlife with food in a time when other foods are scarce. Nonetheless Poison ivy can be an aggressive plant of woodlands and wetlands, and spreading tenaciously in landscapes that have been disturbed. Selective management of this species within the areas of invasive plant removal is important so that it does not overwhelm the area and impede other native plants from becoming established. (Not a State-Listed invasive). 5. Privet (Ligustrum spp.) is a ubiquitous garden escapee that can be particularly aggressive in heavier soils and adjacent to wetlands. Mature plants annually produce hundreds of viable seedlings which spread the species rapidly through a variety of habitats. Plants up to 4-inch basal caliper can be mechanically uprooted. A cut stump herbicide application is most effective treatment method for these species when the basal diameter exceeds 4 inches. (MIPAG Listed Likely Invasive, Massachusetts Prohibited Plant List). 6. Norway maple (Acer platanoides) is a significant invasive tree species observed throughout Massachusetts. Norway maple readily re-sprouts from the stump when cut. This species’ dense foliage and understory growth habit can significantly impact the native forest understory stratification. This tree spreads rapidly at maturity because of the large volume of seed that are produced. By managing this invasive tree, the numerous understory species will respond positively, increasing fruit production and understory canopy development. Additional sunlight will also enhance the herbaceous groundcovers. A cut and wipe treatment with Glyphosate- based herbicide is recommended, with follow up treatments for suckering growth. (MIPAG Listed Invasive, Massachusetts Prohibited Plant List). 7. Rugosa Rose (Rosa rugosa) is native to coastal regions of eastern Asia. In Massachusetts, rugosa rose has been widely planted due to its large showy flowers, salt tolerance, and perception as an effective erosion control plant. Rugosa rose has been found to be less effective than native coastal plants at preventing erosion, as its prolific growth habit tends to shades out more effective erosion control plants. Rugosa rose should be mechanically uprooted if conditions allow; where this is not possible, a cut and wipe or low-volume foliar treatment with a Triclopyr-based herbicide should be used. Regular hand pulling of juvenile plants and spot herbicide treatments are also recommended for persistent re-sprouts. (not a State-Listed invasive). 8. Shrub Honeysuckle (Lonicera morrowii & bella) poses a major threat to native habitats. These species aggressively out-competes other native shrubs in the edge habitat and woodland understory. Shrub honeysuckle will invade a wide variety of native habitats, with or without any previous disturbance. According to vegetation management guidelines published by the University of Illinois at Urbana-Champaign, shrub honeysuckle is suspected of producing allelopathic 9 chemicals that inhibit the growth of other plants and allows the honeysuckle to out-compete native plants. Honeysuckle should be mechanically uprooted if conditions allow, where this is not possible a cut and wipe herbicide treatment should be used. Regular hand pulling of juvenile plants and spot herbicide treatments are also recommended for persistent re-sprouts. (MIPAG Listed Invasive, Massachusetts Prohibited Plant List). 9. Vine Honeysuckle (Lonicera japonica) is an aggressive perennial vine that can thrive in a range of habitats. It grows in full sun to full shade and can form dense mats that out- compete native vegetation. It produces many seeds that are dispersed by birds and mammals. Japanese honeysuckle is semi-evergreen and will continue to photosynthesize after surrounding deciduous vegetation is dormant. Taking advantage of its persistent leaves, control should consist of a late fall application of Glyphosate-based herbicide to eradicate. (MIPAG Listed Invasive). Plant Inventory Native species: Bayberry Morella caroliniensis Black Cherry Prunus serotina Black Oak Quercus velutina Crinkle Hairgrass Deschampsia flexuosa Eastern Red Cedar Juniperus virginiana Goldenrod Solidago spp. Highbush Blueberry Vaccinium corymbosum Pennsylvania sedge Carex pensylvanica Pitch Pine Pinus rigida Pokeweed Phytolacca americana Poison-Ivy Toxicodendron radicans Scrub Oak Quercus ilicifolia Virginia Creeper Parthenocissus quinquefolia White Oak Quercus alba Invasive & Non-Native species: Apple Malus spp Asiatic Bittersweet Celastrus orbiculatus Autumn Olive Elaeagnus umbellata English Ivy Hedera helix Japanese Black Pine Pinus thunbergii Norway Maple Acer platanodies Privet Ligustrum spp. Rugosa Rose Rosa rugosa Shrub Honeysuckle Lonicera morrowii & bella Vine Honeysuckle Lonicera japonica Definitions 1. Tree: Massachusetts DEP defines tree as woody plants with a dbh of 5 inches or greater and a height of 20 feet or more in their handbook entitled, “Delineating Bordering Vegetated Wetlands Under the Massachusetts Wetlands Protection Act”. 2. Sapling (tree): The Massachusetts Department of Environmental Protection Division(DEP), in their handbook entitled, “Delineating Bordering Vegetated Wetlands Under the Massachusetts Wetlands Protection Act”, defines sapling as woody vegetation under 20 feet in height with a diameter at breast height (dbh) greater than or equal to 0.4 inches to less than 5 inches. 3. DBH: DBH stands for Diameter at Breast Height and is a standard method for measuring the diameter of a tree trunk. A DBH measurement it taken at 4.5 feet above ground using a specially calibrated measuring tape. References Bravo, M. (2005). Japanese Honeysuckle, Plant Conservation Alliance’s Alien Plant Working Group, Least Wanted: Alien Plant Invaders of Natural Areas. Plant Conservation Alliance’s Alien Plant Working Group. Retrieved from https://www.invasive. org/alien/fact/loja1.htm Britton, N. L., & Brown, H. C. (1913). An Illustrated Flora of the Northern United States and Canada (2nd ed., Vol. 3). Charles Scribner’s Sons. Cullina, M., Connelly B., Sorrie, B., & Somers, P. (1999). The vascular plants of Massachusetts: A county checklist (first revision). Westborough, Mass.: Massachusetts Division of Fisheries and Wildlife, Natural Heritage & Endangered Species Program. The Nature Conservancy ( 2020, June 30) Autumn Olive: Your Invasive, Seedy Neighbor. Retrieved from https://www.nature. org/en-us/about-us/where-we-work/united-states/indiana/ stories-in-indiana/autumn-olive/ Southeast Exotic Pest Plant Council (2003). Southeast Exotic Pest Plant Council Invasive Plant Manual: Bush Honeysuckle. Retrieved from https://www.se-eppc.org/manual/bushhoney. html Southeast Exotic Pest Plant Council (2003). Southeast Exotic Pest Plant Council Invasive Plant Manual: Autumn Olive. Retrieved from https://www.se-eppc.org/manual/autolive.html NOTE: If enclosures are not as noted, please contact us at (508) 255-6511 TRANSMITTAL To: Brewster Conservation Commission Attn: Noelle Aguiar, Agent Brewster Town Hall 2198 Main Street Brewster, MA 02631 Date: 3/14/22 Project No. C18861.01 Via: 1st Class Mail Pick up Delivery Fed Ex Phone: Fax: Subject: Notice of Intent Application Filing Package Proposed Site Improvements 19 Muskrat Lane LLC 19 Muskrat Lane Brewster, MA Map 103 Parcel 9 No. of pages to follow: Plans Copy of Letter Specifications Other We are sending the following items: Copies Date No. Description 10 REV 3/14/2022 Revised Project Description and Performance Standards Narrative 10 REV 03/09/2022 C2.1.1 Coastal Engineering Co., Inc. Revised Plan Showing Proposed Shed and Amenities These are transmitted as checked below: for approval for your use as requested for review & comment Remarks: Enclosed please find copies of the revised plans and narratives for the above referenced project. If you have any questions, please contact our office. cc: Mass. DEP/SERO – Wetlands 19 Muskrat Lane LLC Applicant/Owner Donald K. Munroe, Project Manager By: Sarah Cole D:\DOC\C18800\18861.01\Permitting\NOI\Revised Filing Docs 3-14-22\Transmittal Template.doc C18861.01: Notice of Intent: Gail Harris, 19 Muskrat Lane, Brewster, MA Project Description Page 1 of 1 PROJECT DESCRIPTION Revised 3/14/2022 The subject property is located at 19 Muskrat Lane in Brewster and abuts the waters of Cape Cod Bay to the North. The property has been developed in the past, and the current owner would like to use the property as beach access. After an on-site meeting with the Conservation agent the project scope has been amended to include the installation of a split rail fence up by the adjacent roadway in order to direct pedestrian traffic, a one car parking space just off the adjacent roadway, a kayak rack for beach goers to conveniently store the kayaks off the resource areas a rollout walkway to direct pedestrian traffic over the coastal dune and beach grass plantings to augment some the bare spots. The 3’ wide rollout walkway will also be seasonally removable. Resource Areas The existing property is located along Cape Cod Bay. A project locus is all within the FEMA Flood Zone VE (EL 15) as show on the Firm Panel C25001C0418J. Other coastal resource areas located near the project area include Coastal Beach, Coastal Bank, and Coastal Dune. Each coastal resource area’s performance standards are addressed in the attached Performance Standards Narrative. The subject property is not located within mapped NHESP priority Habitats for Rare Species. The subject property is not within a mapped Area of Critical Environmental Concern nor is this portion of Cape Cod Bay mapped as an Outstanding Resource Water (ORW). C18861.01: Notice of Intent: Gail Harris, 19 Muskrat Lane, Brewster, MA 2869963_1 Performance Standards - Revised 3/14/2022 The Resource Areas considered are covered under the 310 CMR 10.00: Wetlands Protection Act Regulations as well as the Town of Brewster Wetland Protection Regulations. We have addressed the potential impacts to these Resource Areas under both the State and Local Wetland Protection Regulations. The 310 CMR 10.00: Wetlands Protection Act Regulations that are addressed herein are 10.04 Land Subject to Coastal Storm Flowage, 10.27 Coastal Beaches, 10.28 Coastal Dunes, and 10.30 Coastal Banks. The Town of Brewster Wetland Protection Regulations, which are addressed herein, are 2.02 Coastal Beaches, 2.03 Coastal Dunes and 2.05 Coastal Banks. 310 CMR 10.00: Wetlands Protection Act 310 CMR 10.04 Land Subject to Coastal Storm Flowage (LSCSF) "land subject to any 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" The Land Subject to Coastal Storm Flowage (LSCSF) does not have regulatory performance standards, although it is a protected Resource Area. Therefore, approval is needed to perform work within the LSCSF. This project will not adversely affect LSCSF, and rather, it will improve its functionality. 310 CMR 10.27 Coastal Beaches WHEN A COASTAL BEACH IS DETERMINED TO BE SIGNIFICANT TO STORMDAMAGE PREVENTION, FLOOD CONTROL, OR PROTECTION OF WILDLIFEHABITAT, 310 CMR 10.27(3) THROUGH (7) SHALL APPLY: (3)Any project on a coastal beach, except any project permitted under 310 CMR 10.30(3)(a), shall not have an adverse effect by increasing erosion, decreasing the volume or changing the form of any such coastal beach or an adjacent or down drift coastal beach. The proposed seasonal roll-out walkway will not increase erosion, decreasing the volume or change the form of any such Coastal Beach or an adjacent or down drift Coastal Beach. The sand will still be able to naturally move as it currently does. The proposed kayak rack is moveable and can be taken out seasonally, so therefore will have no adverse effect to the Coastal Beach. (4)Any groin, jetty, solid pier, or other such solid fill structure which will interfere with littoral drift, in addition to complying with 310 CMR 10.27(3), shall be constructed as follows: No groin, jetty, solid pier, or other such solid fill structure is proposed; therefore this performance standard does not apply. (a)It shall be the minimum length and height demonstrated to be necessary to maintain beach form and volume. In evaluating necessity, coastal engineering, physical oceanographic and/or coastal geologic information shall be considered. C18861.01: Notice of Intent: Gail Harris, 19 Muskrat Lane, Brewster, MA 2869963_1 N/A (b) Immediately after construction any groin shall be filled to entrapment capacity in height and length with sediment of grain size compatible with that of the adjacent beach. N/A (c) Jetties trapping littoral drift material shall contain a sand by-pass system to transfer sediments to the down drift side of the inlet or shall be periodically redredged to provide beach nourishment to ensure that down drift or adjacent beaches are not starved of sediments. N/A (5) Notwithstanding 310 CMR 10.27(3), beach nourishment with clean sediment of a grain size compatible with that on the existing beach may be permitted. The proposed project will not alter the distribution of sediment in the area. There is no proposed placement of new sediment so there is no anticipated alteration of the natural grainsize distribution of the existing beach sediment. WHEN A TIDAL FLAT IS DETERMINED TO BE SIGNIFICANT TO MARINEFISHERIES OR THE PROTECTION OF WILDLIFE HABITAT, 310 CMR 10.27(6) SHALLAPPLY: No tidal flats are located within the proposed project area, therefore 310 CMR 10.27(6) does not apply. (6) In addition to complying with the requirements of 310 CMR 10.27(3) and (4), a project on a tidal flat shall if water-dependent be designed and constructed, using best available measures, so as to minimize adverse effects, and if non-water-dependent, have no adverse effects, on marine fisheries and wildlife habitat caused by: (a) alterations in water circulation; (b) alterations in the distribution of sediment grain size; and (c) changes in water quality, including, but not limited to, other than natural fluctuations in the levels of dissolved oxygen, temperature or turbidity, or the addition of pollutants. (7) Notwithstanding the provisions of 310 CMR 10.27(3) through (6), no project may be permitted which will have any adverse effect on specified habitat sites or rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. The proposed project was submitted to NHESP for review and comment. 310 CMR 10.28: Coastal Dunes WHEN A COASTAL DUNE IS DETERMINED TO BE SIGNIFICANT TO STORMDAMAGE PREVENTION, FLOOD CONTROL OR THE PROTECTION OF WILDLIFEHABITAT, 310 10.28(3) THROUGH (6) SHALL APPLY: (3) Any alteration of, or structure on, a coastal dune or within 100 feet of a coastal dune shall not have an adverse effect on the coastal dune by: (a) affecting the ability of waves to remove sand from the dune; The seasonal roll-out walkway is not an impermeable structure. The wind and waves can move sand through and around the walkway. The proposed shed is within the 0’ to 50’ C18861.01: Notice of Intent: Gail Harris, 19 Muskrat Lane, Brewster, MA 2869963_1 buffer to Coastal Dune in an area where there is evidence of windblown sand. The proposed kayak rack is moveable and can be taken out in the off season. (b) disturbing the vegetative cover so as to destabilize the dune; The proposed rollout walkway will be removed in the off season. It will serve to keep pedestrian traffic off the surrounding dune and will be placed in the area with the little to no vegetation. The bare areas are proposed to be augmented with North American Beach grass plantings. The kayak rack is proposed to be located in the area where there is little to no vegetation and will serve to keep kayaks off the dune. For these reasons the proposed project is not anticipated to have an impact on the coastal dune by destabilizing the coastal dune (c) causing any modification of the dune form that would increase the potential for storm or flood damage; There is no proposed modification to the existing dune. The proposed kayak rack and rollout walkway can be removed in the offseason. While in place they will keep pedestrian traffic off the vegetated dune and the kayak rack will keep people from storing kayaks on the coastal dune. (d) interfering with the landward or lateral movement of the dune; Any landward and lateral movement of the Dune will remain as is. The wind and waves can move sand through and around the walkway. The proposed rollout walkway and kayak rack can be removed in the offseason to allow continued landward and lateral movement of the dune. (e) causing removal of sand from the dune artificially; or The proposed project does not cause removal of sand from the Dune. (f) interfering with mapped or otherwise identified bird nesting habitat. The proposed project is situated in the upper areas out of the primary dune location so should not interfere with bird nesting habitat. (4) Notwithstanding the provisions of 310 CMR 10.28(3), when a building already exists upon a coastal dune, a project accessory to the existing building may be permitted, provided that such work, using the best commercially available measures, minimizes the adverse effect on the coastal dune caused by the impacts listed in 310 CMR 10.28(3)(b) through (e). Such an accessory project may include, but is not limited to, a small shed or a small parking area for residences. It shall not include coastal engineering structures. This performance standard is not applicable. (5) The following projects may be permitted, provided that they adhere to the provisions of310 CMR 10.28(3): (a) pedestrian walkways, designed to minimize the disturbance to the vegetative cover and traditional bird nesting habitat; The proposed rollout walkway will provide protection to the pedestrian travel way by keeping pedestrian traffic on the walkway and off the adjacent vegetation and is designed to minimize and alleviate disturbance to any adjacent vegetative cover. C18861.01: Notice of Intent: Gail Harris, 19 Muskrat Lane, Brewster, MA 2869963_1 (b) fencing and other devices designed to increase dune development; and The proposed project does not include fencing; therefor this performance standard does not apply. (c) plantings compatible with the natural vegetative cover. The proposed plantings will be consistent with the current plantings on the site such North American Beach Grass, Bayberry and Beach Plumb. (6) Notwithstanding the provisions of 310 CMR 10.28(3) through (5), no project may be permitted which will have any adverse effect on specified habitat sites of Rare Species, as identified by procedures established under 310 CMR 10.37. The proposed project was submitted to NHESP for review and comments 310 CMR 10.30 Coastal Banks WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OF FLOOD CONTROL BECAUSE IT SUPPLIES SEDIMENT TO COASTAL BEACHES, COASTAL DUNES OR BARRIER BEACHES, 310 CMR 10.30(3) THROUGH (5) SHALL APPLY: (3) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on such a coastal bank except that such a coastal engineering structure shall be permitted when requires to prevent storm damage to buildings constructed prior to the effective date of 310 CMR 10.21 through 10.37 or constructed pursuant to a Notice of Intent filed prior to the effective date of 10 CMR 10.21 through 10.37 (August 10, 1978), including reconstructions of such buildings subsequent to the effective date of 310 CMR 10.21 through 10.37, provided that the following requirements are met: 1. a coastal engineering structure or a modification thereto shall be designed and constructed so as to minimize, using best available measures, adverse effects on adjacent or nearby coastal beaches due to changes in wave action, and 2. the applicant demonstrates that no method of protecting the building other than the proposed coastal engineering structure is feasible. 3. Protective planting designed to reduce erosion may be permitted. No bulkhead, revetment, seawall, groin or other coastal engineering structure is proposed. For that reason this standard is not applicable. (4) Any project on a coastal bank of within 100 feet landward of the top of a coastal bank, other than a structure permitted by 310 CMR 10.30(3), shall not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action. The seasonal roll-out walkway is not an impermeable structure. The wind and waves can move sand through and around the walkway. The proposed kayak rack can be removed in the off season to allow for continued wave interaction with the landward area. (5) The Order of Conditions and the Certificate of Compliance for any new building within 100 feet landward of the top of a coastal bank permitted by the issuing authority under M.G.L. c. 131 & 40 shall contain the specific condition: 310 CMR 10.30(3), promulgated under M.G.L. c. 131 & 40, requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Order of Conditions. The proposal does not include a coastal engineering structure on a coastal bank. C18861.01: Notice of Intent: Gail Harris, 19 Muskrat Lane, Brewster, MA 2869963_1 WHEN A COASTAL BANK IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION OR FLOOD CONTROL BECAUSE IT IS A VERTICAL BUFFER TO STORM WATERS, 310 CMR 10.30(6) THROUGH (8) SHALL APPLY: (6) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall have no adverse effects on the stability of the coastal bank. The proposed seasonal roll-out walkway and kayak rack are proposed in the dune area and not on a coastal bank so there is no anticipated affect to the coastal bank or the stability of the Coastal Bank. (7) Bulkheads, revetments, seawalls, groins or other coastal engineering structures may be permitted on such a coastal bank except when such bank is significant to storm damage prevention or flood control because it supplies sediment to coastal beaches, coastal dunes, and barrier beaches. No bulkheads, revetments, seawalls, groins, or other coastal engineering structures are proposed; therefore this performance standard is not applicable. (8) Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. The proposed project was submitted to NHESP for review and comment. Brewster Chapter 172 Code of the Town of Brewster, Massachusetts Wetland Regulations 2.02 Coastal Beaches (3) No activity, other than maintenance of an already existing structure, which will result in the building within or upon, removing, filing, or altering of coastal beaches or tidal flats, or of any land within 50 feet of any coastal beach or tidal flat, shall be permitted by the Conservation Commission, except for activity which is allowed under a variance from these regulations granted pursuant to Section 5.01. No work is proposed on the Coastal Beach. The proposed work will not increase erosion, decreasing the volume or alter the form of any such Coastal Beach or an adjacent or down drift Coastal Beach. 2.03 Coastal Dunes (3) No activity, other than maintenance of an already existing structure, which will result in the building within or upon, removing, filing, or altering of a coastal dune or of any land within 50 feet of any coastal dune shall be permitted by the Conservation Commission, except for activity which is allowed under a variance from these regulations granted pursuant to Section 5.01. The proposed work is within an area that is coastal Dune and is an area where there is windblown sand. The proposed seasonal roll-out walkway and kayak rack are removeable so will be off site in the off season to allow windblown sand to continue to migrate landward unimpeded. The proposed work will not increase erosion, or decrease the volume or alter the form of the dune. The windblown sand will continue to be able to migrate similar to the current conditions. (4) Any activity which is allowed under a variance granted pursuant to Section 5.01 of these regulations on a coastal dune or within 100 feet of a coastal dune shall not have an adverse effect on the coastal dune by: C18861.01: Notice of Intent: Gail Harris, 19 Muskrat Lane, Brewster, MA 2869963_1 (a) affecting the ability of waves to remove sand from the dune; The seasonal roll-out walkway is not an impermeable structure. The wind and waves can move sand through and around the walkway. The proposed kayak rack is removeable and will allow windblown sand to move landward and laterally in and around it unimpeded. (b) disturbing the vegetative cover so as to destabilize the dune; The project is prosed in the areas with little to no vegetation and therefore will not disturb the vegetative cover so as to destabilize the dune. (c) causing any modification of the dune form that would increase the potential for storm or flood damage; There is no proposed modification to the dune. The rollout walkway will serve to keep pedestrian traffic off the coastal dune and the proposed kayak rack will allow for windblown sand to move landward and laterally unimpeded so there is no propose modification tot eh dune. (d) interfering with the landward or lateral movement of the dune; or The landward and lateral movement of the windblown sand will continue as the rollout walkway is not an impermeable structure and the kayak rack is open design to allow for sand movement in and around it to allow the windblown sand to move laterally and landward unimpeded. (e) causing removal of sand from the dune artificially; The proposed project does not cause artificial removal of sand. (5) The following projects may be permitted, provided that they adhere to the provisions of310 CMR 10.28(3): (a) pedestrian walkways, designed to minimize the disturbance to the vegetative cover; The proposed roll out walkway will provide protection to the pedestrian travel way and is designed to minimize and alleviate disturbance to any adjacent vegetative cover. (b) fencing and other devices designed to increase dune development; and The proposed project includes a split rail fence well landward of the dune to keep pedestrian traffic from walking into other resource areas. (c) plantings compatible with the natural vegetative cover. The proposed plantings are similar in species to the existing plants such as North American Beach Grass, Beach Plumb and Bayberry. 2.05 Coastal Banks (3) Any activity which is allowed under a variance granted pursuant to Section 5.01 of these regulations on a coastal bank or within 100 feet of a coastal bank shall comply with the following regulations: C18861.01: Notice of Intent: Gail Harris, 19 Muskrat Lane, Brewster, MA 2869963_1 (a) No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on a coastal bank except that a coastal engineering structure may be permitted when required, to prevent storm damage to buildings constructed prior to the effective date of these regulations, or constructed pursuant to a Notice of Intent filed prior to the effective date of these regulations, including reconstructions of such buildings subsequent to the effective date of these regulations, provided that the following requirements are met: 1. a coastal engineering structure or a modification thereto shall be designed and constructed so as to minimize, using best available measures, adverse effects on adjacent or nearby coastal beaches due to changes in wave action, and 2. the applicant demonstrates that no method of protecting the building other than the proposed coastal engineering structure is feasible. 3. Protective planting designed to reduce erosion may be permitted. No bulkhead, revetment, seawall, groin or other coastal engineering structure are proposed. For that reason this standard is not applicable. (b) Any project on a coastal bank of within 100 feet landward of the top of a coastal bank, other than a structure permitted by Section 2.05 (3) (a), shall not have an adverse effect due to wave action or the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action. The seasonal roll-out walkway is not an impermeable structure. The wind and waves can move sand through and around the walkway. The proposed kayak rack is open design to allow wind blown sand to move landward and laterally unimpeded (c) The Permit and the Certificate of Compliance for any new building within 100 feet landward of the top of a coastal bank permitted by the conservation commission under this By-law shall contain the specific condition: Section 2.05 of the Wetlands Regulations, promulgated under the Brewster Wetlands Protection By-law, requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall shall be permitted on an eroding bank at any time in the future to protect the project allowed by this Permit. There is no proposed structure (d) Any project on such a coastal bank or within 100 feet landward of the top of such coastal bank shall have no adverse effects on the stability of the coastal bank. The proposed work is in a dune resource area so there is no anticipated effect to coastal banks. F:\SDSKPROJ\C18000\C18861\C18861-C3D.dwg Mar 14, 2022 - 10:14am DRAWN BYCHECKED BYPROJECT NO.Coastal Engineering Co., Inc. c 2022 OF SHEETSPROJECTSCALEDATEDRAWING FILESHEET TITLE DATESEALNO.REVISION BY GAIL HARRIS 19 MUSKRAT LANE BREWSTER, MA C18861.00PLAN SHOWING PROPOSED SITE IMPROVEMENTS11AS NOTED07/01/2021C18861-C3D.dwgJJB/BPM/CMP/ELN1 03-09-22 NDJMEAN LOW WATER (M.L.W.)NAVD 880.0MEAN HIGH WATER (M.H.W.)HIGH TIDE LINE (HTL)-5.7'4.3'7.0'REMOVE SHED, RELOCATE KAYAK RACK, ADD FENCE & SHELL DRIVE wpaform9a.doc • rev. 7/14/04 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 – Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: SE 9-1817 A. Violation Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. This Enforcement Order is issued by: Town of Brewster Conservation Commission (Issuing Authority) 3/8/2022 Date To: William Hanney, 29 Captain Dunbar LLC Name of Violator 7 Central Street, So Easton, MA 02375 Address 1. Location of Violation: Property Owner (if different) 29 Captain Dunbar Road Street Address Brewster City/Town 02631 Zip Code 91 Assessors Map/Plat Number 37 (7/12) Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Placement of poured concrete foundation for patio, relocation of patio, and construction of retaining wall within a mitgation planting area and within coastal resource areas in violation of Order of Conditions SE 9-1817, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40, and the Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative Determination). wpaform9a.doc • rev. 7/14/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 – Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: SE 9-1817 B. Findings (cont.) the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: William J. Hanney Name 2/22/19 Dated SE 9-1817 File Number A6, A18, A19, A27, A50 Condition number(s) The Order of Conditions expired on (date): Date The activity violates provisions of the Certificate of Compliance. The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. Other (specify): C. Order The issuing authority hereby orders the following (check all that apply): The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource areas. Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. A restoration plan shall be filed with the issuing authority on or before Date for the following: The restoration shall be completed in accordance with the conditions and timetable established by the issuing authority. wpaform9a.doc • rev. 7/14/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 9 – Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: SE 9-1817 C. Order (cont.) Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on or before: Date for the following: No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. The property owner shall take the following action (e.g., erosion/sedimentation controls) to prevent further violations of the Act: The property owner and/or their representative shall appear before the Brewster Conservation Commission for a Show Cause Hearing on April 12, 2022 at the regularly-scheduled remote access meeting starting at 6:00 pm. The property owner and/or their representative shall remove the concrete foundation, patio and retaining wall by hand and the location planted with the required count and species as noted in the plan of record, by April 21, 2022. The fencing shall be raised to meet the required 10-inch open spacing below. The patio paver materials shall be reviewed and approved by the Conservation Agent prior to placement in the approved location as detailed in the plan of record. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: “Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation”. Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Noelle Aguiar, Conservation Administrator Name 508 896 4546 Phone Number Monday - Friday Hours/Days Available Issued by: Town of Brewster Conservation Commission Conservation Commission signatures required on following page. TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION ATTACHMENT TO ENFORCEMENT ORDER March 8, 2022 William Hanney 29 Captain Dunbar LLC 7 Central Street So Easton, MA 02375 RE: Placement of poured concrete foundation for patio, relocation of patio, and construction of retaining wall within a mitigation planting area and within coastal resource areas in violation of Order of Conditions SE 9-1817, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40, and the Town of Brewster Wetlands Protection By- law, Town Code Chapter 172. The property involved in the violation is 29 Captain Dunbar Road, Brewster Assessors Map 91, Lot 37 (formerly Map 7, Lot 12). Enclosed is an Enforcement Order for activities in violation of the Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. Non-compliance with the requirements stated herein is punishable by fines of not more than $25,000 or by imprisonment for not more than two years or both, as provided under M.G.L. c. 131, §40; and fines of not more than $300 per offense as provided under Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. Each day or portion thereof during which a violation continues shall constitute a separate offense, and each provision of the By-law, regulations, or permit violated shall constitute a separate offense. To Whom it May Concern: The enclosed Enforcement Order is being issued to you from the Brewster Conservation Commission in response to violations of the above-referenced laws and regulations that have occurred pursuant to work at 29 Captain Dunbar Road. This Attachment to the Enforcement Order is divided into two sections: Facts and Law, and Required Mitigation and Other Measures. It would be in your best interest to carefully read the Enforcement Order and this Attachment, and to comply fully with all the requirements stated herein. Failure to comply with all requirements stated herein will result in more serious enforcement action. The Commission stands ready to work cooperatively with you in order to avoid further enforcement action. TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION Facts and Law 1. On March 8, 2022, the Conservation Administrator viewed the property from Captain Dunbar Road during a scheduled site visit for an abutting property’s project. It was observed that a stone patio with poured concrete foundation and retaining wall were in an area designated and required as a location for mitigation plantings under the Order of Conditions SE 9-1817 and plan of record. The patio materials were never presented for review by the Conservation Agent prior to installation, and the fencing located on site was not raised 10 inches above grade as required in the same Orders of Conditions. Any violation of an Order of Conditions issued by the Conservation Commission or any alteration within 100 feet of a resource area without a valid permit from the Conservation Commission is a violation of the Massachusetts Wetlands Protection Act, M.G.L. c. 131, §40 and Regulations 310 CMR 10.00 et seq., and Brewster’s Wetlands Protection By-law, Town Code c. 172 and Wetlands Regulations. Required Mitigation and Other Measures 1. The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource areas. 2. The unpermitted concrete foundation, patio, and stone retaining wall shall be removed by hand from the mitigation planting area and the location planted with the required count and species as noted in the plan of record, by April 12, 2022. Any other means of removal shall be presented to and approved by the Conservation Commission prior to implementation. 3. The patio paver materials shall be reviewed and approved by the Conservation Agent prior to placement in the approved location, according to the plan of record. The fencing shall be raised to meet the required 10- inch open spacing below. 4. The property owner and/or their representative shall appear before the Brewster Conservation Commission on April 12, 2022 via Zoom Meeting starting at 6:00 pm. Please call (508) 896 4546, as soon as possible to confirm Site Photos. 29 Captain Dunbar. Poured Concrete Foundation for Patio. 3.8.22