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HomeMy Public PortalAbout2022 06 28 Public Meeting Packet\\chapin\accounting\DOC\C13600\13697\13697.02\Permitting\NOI 2022-Shorefront Protection-Sears Pt\App Trans Ltr.doc June 9, 2022 C13697.02 Brewster Conservation Commission By: Hand Delivery Attn: Noelle Aguiar, Agent 1657 Main Street Brewster, MA 02631 Re: Notice of Intent Application Filing Package Proposed Shorefront Protection Sears Point Condominium Association Sears Point Drive Brewster, MA Map 57 Parcel 3 Dear Ms. Aguiar and Commission Members: On behalf of our client, Sears Point Condominium Association, we are submitting an original plus 3 copies of a Notice of Intent Application Filing Package, an original check for municipal filing, and 10 copies of the plan for the above referenced project. The following items are enclosed: •Brewster NOI Filing Checklist •Brewster Wetlands Protection By-law Notice of Intent Addendum •Brewster Site Access Authorization Form •Brewster Bylaw Wetlands Variance Request Letter and Variance Justification Letter •Notice of Intent Application •Project Narrative, Performance Standards Narrative & Construction Protocol •Project History and Supplemental Information •NOI Wetland Fee Transmittal Form •Brewster Wetlands Fee Transmittal Form •Copy of $17.50 check made payable to Commonwealth of MA - DEP for state share of DEP fee, (original sent to lockbox) •Copy of $1,027.50 check made payable to Town of Brewster for town share of DEP fee, bylaw fees and advertising fee •Affidavit of Service, Abutter Notification Letter and Certified Abutter List •Harwich USGS Map, identifying locus •Coastal Engineering Co., Inc., Plan Showing Proposed Shorefront Protection, Sheets C-101, C-102, C-301, Dated 06/07/2022 Please schedule this for the June 28, 2022 public hearing. If you have any questions or require additional information, please give our office a call. Thank you. Sincerely, COASTAL ENGINEERING CO., INC. Sarah Cole Enclosures: As Stated cc: Mass. DEP/SERO - Wetlands Donald K. Munroe, Project Manager TOWN OF BREWSTER 1657 Main STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION Notice of Intent Filing Checklist Brewster Wetlands Protection By-law Before you submit your Notice of Intent to the Conservation Commission and other applicable agencies, please complete and sign this check-list, showing that you understand and have completed all of the forms and procedures required for a Notice of Intent filing. The Conservation Commission will not open the hearing if the filing is not complete. The Conservation Commission requires one (1) electronic copy and three (3)paper (hard) copies of the Notice of Intent and attached plans for each filing. Include each item of the application, with pages numbered consecutively and in the order designated on this checklist. Staple these pages together, and attach the plan or plans with a paper clip. All of the pages and plan represent one copy of the application. The Conservation Commission members now require only plans and a narrative/variance narrative, and not the full NOI. Please send ten (10) plans and narrative, stapled to the plan Submit only ONE copy of this checklist to the Conservation Department. Components of the Application  1. Contact the Brewster Assessors' Office to provide to you a certified abutter’s list and a photocopy of the appropriate section of the Town of Brewster Assessors' Map, showing the property of your project and all abutting properties required for a legal wetland filing under the Brewster Wetlands By-law. This list will provide the names of all direct abutters to the property (first abutters), all that abut the first abutters (second abutters) if they are within 300 feet of the lot lines of the property, and lot(s) directly across the street from your lot. The street is the first abutter and lots directly across, second abutters. If abutters are in another town, obtain a certified list of these abutters from the assessors' office in that town, and submit it and the appropriate assessors’ map in the application also.  2. Notify all abutters on the list of your proposed project on the “Notice to Abutters” form letter, by certified, return receipt mail before or on the day of filing, and submit the Certified Mail Receipts (Form 3800) as part of the filing. Submit the Certified Mail Receipt of the application sent to the DEP and, if applicable, the MA Division of Fisheries and Wildlife’s Natural Heritage & Endangered Species Program. Submit the US Postal Service Form 3811 at the hearing.  3. Complete and include all applicable sections of the Notice of Intent (WPA Form 3).  4. Include MA Department of Environmental Protection (DEP) State Appendix G. Field Data Form(s) for bordering vegetated wetlands and other indicators of wetland hydrology. Submit one form for each area tested; one form for the wetland area and one for upland.  5. Include a photocopy of an 8" by 10" section of the appropriate United States Geological Survey (USGS) Quadrangle Map clearly showing the location of the project.  6. If applicable, send copies of the Notice of Intent application and supporting documents by return receipt mail to the Massachusetts Natural Heritage and Endangered Species Program, the US Army Corps of Engineers, etc. Submit these certified mail receipts (Form 3800) to the Conservation Department.  7. Calculate the DEP fee on the DEP Wetland Fee Transmittal Form and include it with the application. Send the form with a check or money order for the state share, to the DEP Lock Box. Include a copy of the fee transmittal form and the check in the filing.  8. Include a clear, comprehensive narrative, describing all aspects of the project.  9. Include the Brewster Wetlands Protection By-law Notice of Intent Addendum.  10. If applicable to this filing, include a variance request with alternatives analysis.  11. If applicable to this filing, include a copy of the “Appendix A MA Historical Commission” (MHC) form; the original of which shall be sent to MHC by certified, return receipt mail, and the Form 3800 to the Conservation Department with the other return receipts. At this time, the Brewster Conservation Commission requires this notification only in cases in which the lot is undisturbed by an existing structure.  12. Calculate the town filing fee on the Brewster WP By-law Transmittal Form, and add the advertising fee, processing & mailing fee, and the town portion of the state fee in the area provided. Include this with the application.  13. Include one check or money order for the total amount designated on the Brewster WP By-law Transmittal Form.  14. Include a copy of the “Notice to Abutters” form letter.  15. Include a professional site plan, scale, 1" = 20'’, clearly showing:  In color, the wetland line (green), fifty foot buffer zone (red) and one hundred-foot buffer zone (dark blue) delineations,  wetland flags numbered to correspond with each Field Data Form,  topography (minimum 2 foot), contour line and spot elevation,  the insignia of the applicable professional(s) who designed the plan, in compliance with the Brewster Conservation Commission Policy for Plans for Wetlands Permitting of 3/8/05. All site plans; original and revised, shall show the wetland and buffer zones in color. 16. Include elevation drawings of the proposed structure(s) on paper of 8 1/2" x 11" or 11" x 17".  17. If the lot is an undeveloped, secluded, or otherwise unidentifiable area, identify the lot on the plan by the number of the nearest telephone pole or the nearest road intersection. If there is no pole on the lot, describe the lot's proximity to the nearest; for example, "the lot is twelve feet east of telephone pole no.167".  18. Fold each plan separately, right side out with title visible, and attach it to each copy of the application.  19. Include signed Site Access Authorization Form  20. Properly stake and flag the project site to identify all required portions of the project, prior to the day of filing.  Clearly stake all boundaries and limits of work.  Clearly identify all stakes and flags in the field, showing the one hundred foot and 50 foot buffer zones and all wetland areas.  Designate each wetland type on the flag as "BVW" (bordering vegetated wetland), "TOB" (top of bank), "LSF" (land subject to flooding), etc. Conservation Commissioners and Department staff will inspect the site. Unless a holiday interferes, the filing deadline for all applications is noon on the Thursday at least ten (10) business days before the hearing. The hearing must be advertised in a local newspaper (at this time, the Cape Codder Newspaper) no less than five business days before a hearing. When a holiday interferes with the Friday production, the newspaper will notify the town of its earlier submittal deadline. Additional information or revised plans for continued hearings must be submitted no later than Monday at 4:00 PM, eight (8) days prior to the hearing. Submit twelve (12) hard copies (unless stated otherwise) in addition to the digital copy, and paper clip documents to the folded plan with the plan title on the outside. Anyone proposing a structure within 50 feet of a wetland resource area shall contact the Brewster Zoning Agent before the Conservation Commission will open your hearing. I, __________________________________ , confirm that this application is complete Environmental consultant/engineer/surveyor Notice of Intent Filing Checklist 2018 Brewster Conservation Commission Notice of Intent Addendum Brewster Wetlands Protection By-law Chapter 172 Within 100 feet of the following - check all applicable resource areas: Coastal Wetlands  Coastal Bank  Coastal Dune  Coastal Beach  Coastal Marsh  Flat  Ocean  Estuary  Land Subject to Flooding or Inundation by Tidal Action  Land Subject to Flooding by Coastal Storm Flowage Inland Wetlands  Inland Bank  Meadow  Marsh  Bog  Swamp  Lake  Pond  River  Stream  Land Under Said Waters  Land Subject to Flooding or Inundation by Groundwater or Surface Water Are you proposing an activity on land within 50 feet of any resource area protected under the Town of Brewster Wetlands Protection By-law?  Yes  No If your answer to the above is yes, are you requesting a variance pursuant to Part 5 of the regulations promulgated pursuant to the Brewster Wetlands Protection By-law?  Yes  No If so, please describe on a separate sheet in complete detail using the Brewster Wetlands Protection By-law Variance Justification form, the reasons for the variance, and the facts upon which the Commission should find that there has been a clear and convincing showing that the proposed work and its natural and consequential effects will not have any adverse effect upon any of the interests specified in the By-law and listed on the variance justification form. Is the lot to be altered by the proposed work currently unaltered (without a structure), and located on the Brewster Archaeological Sensitivity Map (available for view in the Conservation Department) with respect to historic or prehistoric (archaeological) interests?  Yes  No If both apply, have you completed and mailed by certified mail or hand delivery the attached 950 CMR State Appendix A form from the Massachusetts Historical Commission, so that the Commission shall have received the Appendix A response prior to the filing of the Notice of Intent?  Yes  No Brewster Wetlands Protection By-law Notice of Intent Addendum TOWN OF BREWSTER CONSERVATION COMMISSION SITE ACCESS AUTHORIZATION FORM Date:__________________________________________________________ Project:____________________________________________________________ Location:__________________________________________________________ Property Owner:_____________________________________________________ I (we) hereby authorize the individual members of the Brewster Conservation Commission and its agents to enter upon the referenced property for the purpose of gathering information regarding the application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch 131, s. 40) and/or the Brewster Wetlands Protection Bylaw (Chapter 172). Additionally, if an Order of Conditions is issued for the project, I (we) grant permission for Commission members and the Commission’s agents to enter the above referenced property for the purpose of inspecting for compliance with the Order of Conditions. This site access authorization is valid until a Certificate of Compliance is issued by the Conservation Commission. Authorized Signature: _____________________________ Date:_____________ Please Print Name:__________________________________________________ If other than owner, please state whether tenant, agent, or other: Mailing Address:____________________________________________________ ____________________________________________________ ____________________________________________________ Phone:__________________________ Email:___________________________ Cell:____________________________ Fax:_____________________________ Coastal Engineering Co., Inc. 260 Cranberry Highway Orleans, MA 02653 6/9/2022 Donald K. Munroe, Coastal Engineering Co., Inc. June 9, 2022 C13697.02 Brewster Conservation Commission Attn: Noelle Aguiar, Agent 1657 Main Street Brewster, MA 02631 Re: Request for Variance Proposed Shorefront Protection Sears Point Condominium Association Sears Point Drive Brewster, MA Map 57 Parcel 3 Dear Commission Members: On behalf of our client, Sears Point Condominium Association, we hereby request a variance from the Brewster Wetlands Protection Bylaw to allow coir envelopes & vegetation plantings on a coastal bank. • Private water supply: Not applicable. • Public water supply: Not applicable. • Groundwater: Not applicable. • Water quality in ponds: Not applicable. • Flood Control: Not applicable. • Erosion & sedimentation control: The project is intended to provide toe protection to a coastal bank that will aid in the stability of the landward coastal bank and reduce erosion with the stability and the planting of native vegetation. • Storm Damage Prevention: The coir envelopes will aid in storm damage prevention by adding stability of the bank to the Base Flood Elevation, which reduces the loss of the top of the bank. • Prevention of water pollution: Not applicable. • Fisheries and Shellfish: No anticipated impact to shellfish and fisheries are presumed as the project is at the toe of the bank and landward. • Wildlife & wildlife habitat: Wildlife habitat will be enhanced by the addition of vegetation plantings landward of the proposed coir envelopes and the coir envelopes adds the stability to the bank to continue to allow vegetation to grow. • Aesthetics: Aesthetics will be increased by allowing the areas landward of the coir envelopes to be stable and hold the native plant species in a currently unstable slope that is scarping with no long-term vegetation cover. • Historic Values: Not applicable. A representative from our firm will be present at the public hearing on June 28, 2022 to discuss the project in further detail. If you have any questions, or require additional information, please do not hesitate to contact me directly. Sincerely, COASTAL ENGINEERING CO., INC. Donald K. Munroe DKM/sgc cc: Mass. DEP/SERO – Wetlands Sears Point Condominium, Applicant/Owner by email D:\DOC\C13600\13697\13697.02\Permitting\NOI 2021\Brewster Variance Request.doc June 9, 2022 C13697.02 Brewster Wetlands Protection By-law Only Notice of Intent Variance Justification The proposed project is for a proposed fiber rolls & plantings on a coastal bank. As contained in Section 172- 2 of the By-law, any work within 100 feet of a coastal bank, beach or land subject to coastal storm flowage shall require a variance request from the Conservation Commission. The following analysis provides the basis for justification of the variance request: The proposed work involves the installation of a soft engineering solution in the form of coir envelopes, coastal bank planting and a sand drift fence to protect the coastal bank and the structure above the coastal bank by stabilizing the bank and provide vegetation plantings. The resource areas not applicable to this project include the following: coastal wetland, marsh, meadow, or swamp any land under said waters land subject to flooding or inundation by groundwater or surface water fresh water wetland (BVW) and bog Coastal Dune any lake, pond, river, stream, estuary or the ocean The resource areas within 100 feet of the proposed work include: Coastal bank Coastal Beach Land Subject to Coastal Storm Flowage Coastal Engineering Company believes that the work proposed would have no adverse effect on the following interests in accordance with the presumptions of significance set forth in the regulations for each area subject to protection under the Brewster Wetlands Protection bylaw: flood control, storm damage prevention, shellfish, erosion and sedimentation control, wildlife and wildlife habitat, aesthetics, and historic values. In our opinion, the proposal set forth will enhance all of these interests. The interests not applicable to this project include the following: public water supply, fisheries, private water supply, water quality prevention of water pollution Therefore, Coastal Engineering Company believes the proposed work shown on the plan prepared for the Sears Point Condominium Association shows clearly and convincingly that the proposed work and its natural and consequential effects will have no adverse effects upon any of the interests specified in the By-law, and meets the variance provisions for Parts II and III, Inland and Coastal Wetlands of the Regulations of the Town of Brewster Wetlands Protection By-law. A representative from our firm will be present at the public hearing on December 14, 2021 to discuss the project in further detail. If you have any questions, or require additional information, please contact our office. Thank you for your consideration. Sincerely, COASTAL ENGINEERING CO., INC. Donald K. Munroe DKM/sgc cc: Mass. DEP/SERO – Wetlands Sears Point Condominium, owners by email D:\DOC\C13600\13697\13697.02\Permitting\NOI 2022-Shorefront Protection-Sears Pt\Wetland Bylaw Variance justification (1).doc wpaform3.doc • rev. 2/8/2018 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): Sears Point Drive a. Street Address Brewster b. City/Town 02631 c. Zip Code Latitude and Longitude: d. Latitude e. Longitude 57 f. Assessors Map/Plat Number 3 g. Parcel /Lot Number 2. Applicant: a. First Name b. Last Name Sears Point Condominium c. Organization 101 Sears Point Drive d. Street Address Brewster e. City/Town MA f. State 02631 g. Zip Code h. Phone Number i. Fax Number j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Donald K. a. First Name Munroe b. Last Name Coastal Engineering Co., Inc. c. Company 260 Cranberry Highway d. Street Address Orleans e. City/Town MA f. State 02653 g. Zip Code 508-255-6511 h. Phone Number 508-255-6700 i. Fax Number dmunroe@coastalengineeringcompany.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $60.00 a. Total Fee Paid $17.50 b. State Fee Paid $42.50 c. City/Town Fee Paid wpaform3.doc • rev. 2/8/2018 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 shorefront protection 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 C148 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. 2/8/2018 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. 2/8/2018 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 1896± 1. square feet 157± 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 15± 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 3748± 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. 2/8/2018 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 2021 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 http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/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. 2/8/2018 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 http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_fee_schedule.htm). 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, http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_exemptions.htm; 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@state.ma.us 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@state.ma.us 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. wpaform3.doc • rev. 2/8/2018 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. 2/8/2018 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. Plan Showing Proposed Shorefront Protection a. Plan Title Coastal Engineering Co., Inc. b. Prepared By Catherine C. Ricks, P.E. c. Signed and Stamped by 06/07/2022 d. Final Revision Date 1" = 30' 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: 639 6/9/2022 3. Check date2.Municipal Check Number 640 4. State Check Number 6/9/2022 5. Check date 6. Payor name on check: First Name Coastal Engineering Co., Inc. 7. Payor name on check: Last Name 4 LI 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 F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project Igpation. 6 1. Signature of Applicant 2. Date �l 3. Signature of Property Owner (if different) 4. Date 5. Signature of Representative (if any) 6. Date For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc • rev. 2/8/2018 Page 9 of 9 Sears Point Condominium Association - Sears Point Drive – Notice of Intent C13697.02 A - 1 Project Narrative 1.0. Introduction The subject property is located at 40 and 21 Wheeler Drive in Brewster. The property is bounded by Cape Cod Bay to the North, to the east by condominiums, and to the west by Brewster Conservation Lands. In 2017 a coir envelope and coastal bank restoration system was permitted at the property. As a result of the powerful storms over the past couple of winters, the end of the coir envelopes has experienced significant erosion. The applicant is applying for a permit to extend the coir envelope system to the property line and provide bank nourishment and vegetation. The existing coastal bank has become destabilized with little to no vegetation along portions of the face of the coastal bank. The project goals are to slow the shoreline erosion and protect and stabilize the upper portion of the coastal bank. 1.1. Project Description Coir Envelope: The proposed project currently has 38± feet of coir envelope along the eastern portion of the toe of the coastal bank. The proposed project would extend the coir envelopes an additional 15± feet west to the property line. The coir envelopes will have 3 tiers which have a bottom elevation of 4.0’ NAVD88 and top elevation of 16.0’ NAVD88. The two seaward coir envelopes will be 4’x5’ and the top roll will be 4’x4’ filled with sand and then wrapped with one layer of 10oz burlap, followed by two layers of coir mating 100 gram, another layer of 10oz burlap and finally an outer layer of coir mating 1000-1200 gram. The bottom row of coir will be held in place by 8” diameter 10’ long timber posts located 5.0’ on center. The coir envelopes will then be covered with beach sand nourishment and planted with dune grass (American Beach Grass). An estimated 70± CY of beach compatible material is designed to be placed over the coir envelopes. Coastal Bank Stabilization: The coastal bank will be renourished with compacted gravel borrow fill and compacted in 6-9” lifts to at a 1.5:1 slope for increased stability. The first 4’ and second 4’ will be wrapped with reinforcing coir mats. The backfill will be performed in a benched slope fill approach as shown in the plans. The bank will then be covered with a 4-6” layer of loamy sand with organics to promote growth of proposed vegetation. The face of the bank will be covered with coir erosion mating to further stabilize the bank and give the plantings (Coastal Revegetation Seed) time to grow a root system. An estimated 520± CY of compatible material is designed to be placed on the bank for stabilization. A 6” elevated berm at the top of the coastal bank is proposed to help mitigate upland water runoff which is increasing erosion around specific portions of the bank. Construction Access: Construction access to the site will be via the open grass area to the eastern side of the building on the property with access to the toe from traversing down the bank along the portion to be reconstructed. The staging area for materials and equipment will be in the applicant’s driveway, outside of the resource area. Sears Point Condominium Association - Sears Point Drive – Notice of Intent C13697.02 A - 2 1.2. Permit History The Subject Property has an existing dwelling with a driveway, and parking area. Table 1 below shows the permits and licenses issued to this property per our research. Please note that there may be other historic permits that may not have been discovered during research due to a multitude of reasons including clerical errors in the recording process, incorrect address, or change of address. TABLE 1: PERMIT HISTORY Permit/License Number Agency Issued Expiration Description OOC SE 09-1065 Brewster Conservation Commission 05-31-2000 05-31-2003 Brick Walkway OOC SE 09-1187 Brewster Conservation Commission 04-15-2003 06-04-2006 Vista Pruning OOC SE 09-1517 Brewster Conservation Commission 01-22-2019 03-22-2020 Deck Relocation and Bank Stabilization OOC SE 09-1640 Brewster Conservation Commission 01-23-2017 05-08-2018 Shorefront Protection OOC SE 09-1804 Brewster Conservation Commission 07-25-2019 07-25-2022 West End Shoreline Protection 1.3 Wetland Resource Areas and Performance Standards The existing property is located along Cape Cod Bay and a portion of the project is within Coastal Bank and Coastal Beach and Land Subject to Coastal Strom Flowage resource areas as defined in the Massachusetts State Wetlands Protection Act 310 CMR 10.00. The project does not have any mapped areas within the Natural Heritage and Endangered Species Program (NHESP) estimated or priority habitat for endangered and threatened wildlife species. The Resource Areas are covered by Performance Standards under the 310 CMR 10.00: Wetlands Protection Act Regulations. We have addressed the potential impacts to these Resource Areas based on the Performance Standards under the State Wetland Protection Regulations in the following sections. The graphic below shows the wetland delineations provided by Massachusetts GIS (Massmapper). Sears Point Condominium Association - Sears Point Drive – Notice of Intent C13697.02 A - 3 State Wetlands Protection Act 310 CMR 10.00 10.04: Land Subject to Coastal Storm Flowage means 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 regulation performance standards, though it is a protected resource area and therefore approval is needed to perform work within the LSCSF. This project will not adversely affect LSCSF, it will improve its functionality. 10.27: Coastal Beaches means unconsolidated sediment subject to wave, tidal and coastal storm action which forms the gently sloping shore of a body of salt water and includes tidal flats. Coastal beaches extend from the mean low water line landward to the dune line, coastal bankline or the seaward edge of existing human- made structures, when these structures replace one of the above lines, whichever is closest to the ocean. The proposed project is a soft engineering solution, therefore, erosion would be able to continue in order for sediment to be available to the coastal beach. For this reason, the proposed project will not change the size and form of the coastal beach. The volume of the coastal beach would be augmented with beach nourishment of a similar grain size to the natural sediment. The beach nourishment is to be placed and graded to a slope matching the existing beach grade. The ability to respond to wave action will continue similar to the current conditions. The distribution of sediment grain size will remain unchanged as the material will be grain size compatible with the existing Coastal Beach sediment. The water circulation will remain unchanged as there is no proposed change in the shape of the beach. The water quality will be unaffected by the proposed project. All ground components of the project are all-natural and/or biodegradable. There would be a temporary short-term effect to the coastal beach during construction, but there is no anticipated adverse effect to the coastal beach. The increase in volume of the coastal beach due to nourishment will not increase erosion, it will provide sediment required for longshore transport through natural processes without detrimental effects to the coastal bank. The proposed project will allow the coastal beach to respond to wave action by decreasing the wave energy which help protect the toe of the coastal bank. The proposed project does not include groins, jetties, solid piers, or other such solid fill structures. The proposal includes beach nourishment and requires that it will be clean sediment of a grain size compatible with that on the existing Coastal Beach. The proposed project is located along the Coastal Beach above the mean high water elevation and is not located within the tidal flats. Therefore the proposed project will have no impacts to the tidal flats. According to MassMapper programming, the proposed project Sears Point Condominium Association - Sears Point Drive – Notice of Intent C13697.02 A - 4 is not located within a NHESP designated area for specified habitat sites of rare vertebrate or invertebrate species. 10.30: Coastal Banks means the seaward face or side of any elevated landform, other than a coastal dune, which lies at the landward edge of a coastal beach, land subject to tidal action, or other wetland. No coastal engineering structures are proposed. The proposed project is considered a “soft” engineering solution. The coir envelopes will be anchored to the coastal bank to stabilize the slope long enough for the proposed native plantings to establish a root system. The coir envelopes will be covered with nourishment that can be reintroduced into the system through natural wave action. No new building is proposed. The proposed coir envelopes, erosion control blankets, and native plantings will stabilize the coastal bank by promoting native vegetation growth. This approach will stabilize the coastal bank to allow the proposed vegetation to thrive and grow, further protecting the upland and structure above. Coastal bank nourishment will be added to reach the naturally occurring stable slope of the coastal bank further stabilizing the resource area. According to MA GIS programming, the proposed project is not located within a NHESP designated area for specified habitat sites of rare vertebrate or invertebrate species. 1.4 Other Protected Resource Areas Other resource areas protected under regulations include FEMA and the Coastal Barrier Resource System (CBRS), Natural Heritage Endangered Species Program (NHESP), Area of Critical Environmental Concern (ACEC), Shellfish, and Outstanding Resource Waters (ORW). The proposed project does not fall within ORW, CBRS, ACEC, NHESP, or shellfish habitat areas. FEMA Sears Point Condominium Association - Sears Point Drive – Notice of Intent C13697.02 A - 5 The proposed project is located withing the FEMA VE (EL 15) zone as shown on Firm Panel C25003C0414J. NHESP MassMapper Delineated NHESP Priority and Estimated Habitat Areas The proposed project is not within a designated NHESP area. 1.5 Alternative Analysis Alternative 1: Do Nothing Due to the increase in frequency and intensity of storm events, if nothing were done, the beach would continue to erode at an expeditious rate further de-stabilizing the Coastal Bank. This de-stabilization would cause damaged vegetation and other debris to enter the waterbody and resource areas including the coastal bank, coastal beach, land subject to coastal storm flowage, land under the ocean and land containing shellfish. If continued erosion is allowed to take place the coastal bank and vegetation would be at risk of collapse and could enter the waterbody and negatively affect the resource areas at down shore locations. Alternative 2 – Beach Nourishment Beach nourishment could be placed near the toe of the existing coastal bank. The nourishment would be compatible with the existing sediment that exists at the Coastal Beach. The nourishment would be constructed as a sacrificial berm. However, the beach nourishment would continue to erode in the same manner as is currently happening at the project location. Once the beach nourishment is eroded from the area, the incoming waves would eventually impact the coastal bank causing further coastal bank erosion, and loss of vegetation similar to alternative 1. Alternative 3 – Coir Envelopes A coir envelope array could be installed at the site similar to the adjacent array of coir envelopes as shown on the proposed site plan. The coir envelopes would be anchored to the toe of the bank and be covered with coastal bank nourishment and planted with native species. The array would hold the coastal bank slope while Sears Point Condominium Association - Sears Point Drive – Notice of Intent C13697.02 A - 6 the native vegetation established a dense root system to help protect from further erosion. The coir envelopes provide protection at the toe of the bank but would not address the depletion of sediment from the beach and therefore, coir envelopes alone are not the preferred alternative. Alternative 4 – Coir Envelopes, Beach and Bank Nourishment and Native Plantings As in Alternative 3, the coir envelope array would be installed on the coastal bank similar to the adjacent coir envelope array. The coir envelope array would be anchored and covered with bank compatible material and planted with native plant species. The coir envelope array would stabilize the toe of the coastal bank to allow for the proposed native plantings to establish dense root systems to help protect the coastal bank from further episodic erosion. The beach nourishment would allow for waves to break more seaward than the current conditions adding an additional element of protection so the coastal bank planting can establish dense root systems. This will stabilize the top of the bank and decrease the risk of failure which would cause the scarped area to enter the waterbody. This is the preferred alternative 1.6 Construction Protocol Prior to start of construction: Prior to the start of any work there will be an on-site meeting to review the order of conditions and to satisfy the Conservation Agent that the work will be done as specified. The construction start date to occur upon completion of all pre-construction requirements outlined in the specifications and Order of Conditions, as well as any pre-construction requirements outlined during the pre-construction meeting. On-site meeting: Prior to start of construction a meeting will occur to discuss access and means of construction with the following individuals represented: Construction Contractor Coastal Engineering Co. Engineers Brewster Conservation Commission Representative To be discussed during this meeting: Existing conditions, necessary precautions to be taken by the Contractor; Necessary post-construction reparations and conditions; Procedure for post-construction inspection; Pre-construction requirements to be met by contractor: Proof and Certification of Insurance Coverage Waiver, Release and Indemnification Posting of DEP sign Coordination, as necessary, with the Brewster Police Department and Department of Natural Resources Issuance of Construction Permit by Brewster Commission Agent Pre-construction requirements to be met by owner: Pre-construction photographs of the access and staging area, access route, and project locus. Access and staging areas: The staging area will be at the top of the bank in the open grass area. Access will be down the bank from the recently constructed area. Staging area for materials and equipment to be in applicant’s driveway and out of the resource area. When machinery is not in use, it will be stored in the staging area. Sears Point Condominium Association - Sears Point Drive – Notice of Intent C13697.02 A - 7 Equipment on beach: During the course of construction, the following equipment is anticipated on the bank: An excavator for installing coir envelopes. A skid-steer to transport materials and placement of beach and bank nourishment. Miscellaneous hand tools. Work Completion: Upon completion of the repair efforts, the upper coastal bank area is to be re-contoured as outlined on the plan. All disturbed surfaces to be re-contoured, ready for re-vegetation to be performed as soon as the weather allows. The Contractor is to notify the Engineer for a meeting with the parties taking part in the pre-construction meeting, prior to removal of equipment. Deficiencies will be identified to the Contractor on re-contouring requirements, and road conditions, which will be performed under the direction of the Engineer. Vegetation protocol: Upon completion of the construction effort, and as soon as weather permits to meet the first growing season, disturbed areas, such as the re-graded area of coastal bank, are to be re-vegetated. Post-construction photographs: The Owner shall supply the Conservation Commission with post-construction photographs of the access and staging area, access route, and the project locus, as well as the final vegetation plantings. 1.7 Summary and Recommendations The proposed project is to install coir envelopes with beach and bank nourishment and vegetation to assist in reestablishing the coastal bank and slow the erosion of the existing bank. These efforts will help protect the resource areas while providing added protection to the dwellings at the top of the coastal bank. Sears Point Condominium Association – History with West Abutter Project History & Supplemental Information As part of the application record for the west end coir envelope extension Sears Point Condominium Association, to be here in referred to as the “Association”, asked Coastal Engineering Company (CEC) to act as their representative and reach out to the Brewster Conservation Trust (BCT) on their behalf. In June of 2021 CEC contacted BCT to inquire if it would be possible for the Association to extend the shore front protection project onto the neighboring BCT land to the west. Miss Henderson. The Executive Director, Amy Henderson, indicated that the Association would need to prepare a plan with options that Miss Henderson would present to the BCT Board. CEC prepared two options for the BCT Board to consider and sent the request and option plan on June 30, 2021. (See attached option plan). Miss Henderson informed CEC that the plan and request were circulated to the BCT Board members, but that as of July 8, 2021, the BCT Board was unable to have a full meeting to discuss the option plan and request. CEC was notified by Miss Henderson that the BCT Board would not be able to bring the request to a full Board meeting until after the BCT Board’s annual meeting scheduled for August. The BCT Board would be reviewing the plan and request on September 1, 2021. CEC subsequently reached out to Miss Henderson on September 2, 2021, to find out if the BCT Board decided on the Association’s request to extend the shore front protection project onto the BCT land. CEC received an email from Miss Henderson indicating that the BCT Board took the matter up at their meeting held on September 1, 2021, and approved Option 2 proposed by the Association. (See attached option plan) That option proposed a coir envelope array, grading and planting the coastal bank up to the existing groin on the BCT property shoreline. CEC notified the Association representative on September 7, 2021, via email of the BCT Boards’ decision to approve Option 2. With this approval Miss Handerson indicated that BCT would need an agreement drawn up with the Association as to terms of the permitting, construction, and maintenance of the work along the shoreline on BCT property. On September 8, 2021, CEC was directed by the Association’s representative to prepare the NOI application and plans to be filed with the Town of Brewster Conservation Commission (BCC) with a clear indication that the project was approved by the BCT. CEC prepared the NOI plans using the Option 2 as approved by the BCT Board at their meeting held on September 1, 2021. The Option plans did not contain section views, details, or construction methodology. CEC prepared a formal Notice of Intent (NOI) plan with the necessary sections and details with no changes tot eh design that were reviewed by the BCT Board. The final NOI plans contained the necessary section views and notes related to the materials to be used to install the proposed coir envelopes, coastal bank grading and planting. On December 8, 2021, CEC sent the NOI signature page to Miss Henderson for signature as required. The signature on the NOI is required as a portion of the proposed work would be on the BCT land. Miss Henderson responded on January 10, 2022, that the NOI would be presented to the Executive Committee on Thursday January 20, 2022, but would like a copy of the full NOI package for their review. CEC sent a copy of the NOI package on January 19, 2022, to Miss Henderson. At no point was there any indication by Miss Henderson that the project that the BCT Board approved of on September 1, 2021, was in jeopardy. Sears Point Condominium Association – History with West Abutter Miss Henderson indicated in an email dated January 27, 2022, that the Committee was in receipt of the NOI package and that the Committee was reviewing it and gathering questions. In that email Miss Henderson referred to the need for the Association to sign an agreement with the BCT. The email states, “We are currently drafting this agreement”. Miss Henderson asked when the NOI was to be filed. CEC responded that the next filing dates for NOI submissions to the Conservation Commission were February 3 or February 17. In an email chain dated January 27, 2022, Miss Henderson acknowledged the February submission deadlines and need for the agreement to come from BCT to the Association. Miss Henderson indicated that she would work to have the necessary documents to CEC and the Association by the following week. At this point, January 27, 2022, there was no indication that the BCT was concerned or had issues with the proposed project by the Association. Miss Henderson responded to CEC’s email where CEC asked when the Committee review and approval would be issued. The response from Miss Henderson dated February 7, “I will get you the documents as soon as possible.” Again, no indication of issues with the project that was previously approved by the BCT Board on September 1, 2021. The proposed project is a biodegradable engineering solution to assist in slowing erosion while reestablishing the Coastal Bank with nourishment and vegetation where there is a severely eroded section of coastal bank. As seen in the attached photograph number 1 there is a need for the Association to be able to protect their coastal bank from erosion in order to protect the existing structures above the coastal bank. The intent of the original Option 2 (see attached Option Plan) presented and approved by the BCT Board on September 1, 2021, was to tie into the existing groin with a soft and biodegradable engineering solution to protect their property as well as the BCT property. As a result of the BCT decision the Association is seeking approval from the BCC to construct the coir envelopes up to the property line. The BCT land will continue to erode due to natural coastal activity but, adding to the erosion issue in this area of the Coastal Bank is exacerbated due to pedestrian traffic caused by visitors to the BCT Eddy Sister Bay trail climbing down the coastal bank in this area even with signage posted to not traverse the Coastal Bank. This foot traffic adds to the destabilization of the coastal bank and has the potential to effect the adjacent Association property. The proposed project would assist in adding stabilization to the Association Bank as well as the BCT Bank without the use of a permanent hard structure. Coir Envelopes have a life expectancy of 5-7 years before they start to degrade and naturally erode. This erosion is slowed by the growth of vegetation that occurs while the coir envelopes support the bank. On February 24, 2022, Miss Henderson’s email states, “Due to the Conservation Restriction on the property, I had to seek additional approval that had not been anticipated. I promise we are working on it and will get you something as soon as it is feasible.” This email from February 24, 2022, still does not indicate there being issues with the project as proposed. An email received from Miss Henderson on March 9, 2022 is the first email indicating concern for the proposed project. Most of the concerns raised in this email indicate a lack of understanding the project, but the BCT meetings are closed not giving an opportunity for a project presentation by CEC to the BCT. In addition, the end of that email states, “I am still waiting on comments from the CR Grantee”. Reference Sears Point Condominium Association – History with West Abutter to the CR Grantee had not been mentioned until this time, almost one year from the initial BCT meeting where the BCT Board approved the project back in September of 2021. CEC sent an email on March 24, 2022, explaining the project and proposed project materials in great detail in an to attempt to address the concerns raised in Miss Henderson’s email regarding the graded material and the process of the proposed coir envelope installation. Miss Henderson indicated that this would be shared with the Trustees. In an email dated April 8, 2022, Miss Henderson states, “I am afraid at this point the proposed project will need to be pulled back to the property line and not involve any work on Brewster Conservation Trust property”. It is clearly stated in this email that the project could at least go up to the property line. CEC revised the plans and documents for the NOI based on this email from Miss Henderson, pulling the project back to the property line. CEC sent an email to Miss Henderson on May 24, 2022, to notify the BCT that the project had been revised and pulled back to the property line and to further verify the email of April 8, 2022, authorizing the work up to the property line. The response from Miss Henderson to this May 24, 2022, email from CEC is in direct contradiction to the email from Miss Henderson on April 8, 2022. In that email it states, “I believe the Conservation Commission typically requires any project in coastal areas end 15 feet from an abutting property to help limit potential erosion impacts.” This statement regarding limiting erosion impacts is unfounded related to soft engineering solutions near BCT property as the eastern end of this same BCT property has a soft solution allowed within less than 15’ of the property line. Also, the lack of the BCT addressing the erosion on their property is exacerbating the erosion on the Association property and therefore adversely impacting the Association property while allowing no means of protection up to the property line, at a minimum. As a result of the BCT actions in reviewing the proposal back in September 2021 the Association has lost valuable time and coastal bank. We would like the Commission to consider allowing the soft, biodegradable engineering solution as proposed up to the property line. Further in the interest of protecting the Coastal Bank Resource area the Association would like the BCT to take further action to address pedestrian traffic over the Coastal Bank from their trail on the BCT property. Sears Point Condominium Association – History with West Abutter PHOTO # 1 F: \ S D S K P R O J \ C 1 3 0 0 0 \ C 1 3 6 9 7 \ C 1 3 6 9 7 - 0 2 \ C 1 3 6 9 7 - N O I 0 8 - 2 0 1 8 . d w g J u n 2 5 , 2 0 2 1 - 1 0 : 4 5 a m Co a s t a l E n g i n e e r i n g C o . , I n c . c 2 0 2 1 PROJECT NO. OF SHEETS DRAWN BY DRAWING FILE CHECKED BY DATE PR O J E C T SCALE SH E E T T I T L E SEAL DA T E NO . RE V I S I O N BY SE A R S P O I N T C O N D O M I N I U M A S S O C I A T I O N SE A R S P O I N T D R I V E BR E W S T E R , M A C13697.02 CO N C E P T U A L S H O R E F R O N T PR O T E C T I O N O P T I O N S 1 2 AS NOTED 06-25-2021 C13697-NOI 08-2018.dwg NDJ OPTION PLAN 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: Sears Point Drive a. Street Address Brewster b.City/Town 640 c.Check number $17.50 d.Fee amount 2.Applicant Mailing Address: a.First Name b.Last Name Sears Point Condominium c.Organization 101 Sears Point Drive d.Mailing Address Brewster e.City/Town MA f. State 02631 g.Zip Code h.Phone Number i. Fax Number j.Email Address 3.Property Owner (if different): a.First Name b.Last Name c.Organization d. Mailing Address e.City/Town f. State g.Zip Code 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 Cat 5 (coir envelopes) 1 $4 x 15 $60.00 Step 5/Total Project Fee: $60.00 Step 6/Fee Payments: Total Project Fee: $60.00 a. Total Fee from Step 5 State share of filing Fee: $17.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $42.50 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.) Code of the Town of Brewster Wetlands Protection Chapter 172 Brewster Wetlands Protection By-law Wetlands Fee Transmittal Form Fee Categories The fee must be calculated using the following process and worksheet and included in the Notice of Intent or Abbreviated Notice of Resource Area Delineation Application: Step 1/Type of Activity: Describe each type of activity (from the Category of Activities and Fees) which will occur in a wetland resource area and buffer zone. If a variance is requested, add "w/var." - for example: Cat. 1a): work on a single family lot: addition w/var. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify the fee associated with each type of activity using the categories of projects and fees listed. Add applicable variance fee for each activity requiring a variance. 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. Step 5/Total Project Fee: Determine the total BWP By-law fee for the project by adding the subtotal amounts identified in Step 4. Step 6/Advertising Fee: Add $15 for advertising Step 7/Processing and Mailing Fee: Add $20 for processing and mailing Step 8/Town Portion of State Fee: Amount calculated in Massachusetts NOI Wetland Fee Transmittal Form, WPA Form 3. Step 9/Total Paid to the Town of Brewster: Total of By-law fee, consultant fee, advertising fee, processing & mailing fee, and town portion of state fee. Make checks payable to the Town of Brewster. Step 1 Step 2 Step 3 Step 4 Type of Activity Number of Individual Subtotal Activities Activity Fee ___________________ __________ ___________ __________ ___________________ __________ ___________ __________ ___________________ __________ ___________ __________ ___________________ __________ ___________ __________ ___________________ __________ ___________ __________ Step 5/ Total BWP By-Law Project Fee Step 6/Advertising Fee: Step 7/Processing & Mailing Fee: Step 8/Town Portion of State Fee: Step 9/Total Paid to the Town of Brewster: $____________ $____________ $____________ Submit only this page of the Fee Schedule with the Notice of Intent. NOI Variance Fee CXat5b $985.00 \\chapin\accounting\DOC\C13600\13697\13697.02\Permitting\NOI 2022-Shorefront Protection-Sears Pt\Affidavit.doc C13697.02:DKM AFFIDAVIT OF SERVICE Massachusetts Wetlands Protection Act M.G.L., CH 131, Sec. 40 I, Sarah Cole, of Coastal Engineering Co., Inc. hereby certify under the pains and penalties of perjury that on June 9, 2022 I sent notification to abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131 Section 40 and the Department of Environmental Protection’s Guide to Abutter Notification dated April 8, 1994 in connection with the following matter: A Notice of Intent was filed under the Massachusetts Wetlands Protection Act and the Brewster Wetlands Protection By-law, by Sears Point Condominium with the Brewster Conservation Commission on June 9, 2022 for property located at Sears Point Drive & 0 Lower Road Maps 57 & 49 Parcels 3 & 135 in Brewster, MA. The project is for the proposed shorefront protection. The form of the notification and a list of the abutters to whom the notice was given and their addresses are attached to this Affidavit of Service. Very truly yours, COASTAL ENGINEERING CO., INC. Sarah Cole Enclosures cc: Mass. DEP/ SERO – Wetlands Brewster Conservation Commission Sears Point Condominium, owner by email Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Massachusetts Wetlands Protection Act (M.G.L. c.131, § 40) Brewster Conservation Commission Code of the Town of Brewster Chapter 172 Notice to Abutters Date: _____June 9, 2022 To: Abutters of property located at Sears Point Drive Assessors’ Map 57 Parcel 3 From: Sarah Cole, Coastal Engineering Co., Inc. Owner of Property: Sears Point Condominium Association In accordance with the requirements of G. L. C. 131, § 40, Massachusetts Wetlands Protection Act and Section 5, the Town of Brewster Wetlands Protection By-law, this is notification to you that a filing has been submitted to the Brewster Conservation Commission for a proposed project. The project includes the following: _____________________________________________________________________________ __Proposed shorefront protection_______________________________________ The proposed work will occur within 50 feet of: __ Inland Wetlands X Coastal Wetlands __ The project is proposed to occur within an Inland Wetland. X The project is proposed to occur within a Coastal Wetland. The information and plans for the project can be emailed to you by contacting the Conservation Department at conservation@brewster-ma.gov. Due to the Covid 19 pandemic, town offices are closed to the public until further notice. A public hearing will be held Tuesday ____June 28________, 20_22___ . Until further notice, due to the Covid pandemic, meetings will be held only by remote participation. For the year 2021, meetings begin at 7:00 PM. The hearing notice will be publicized in the Cape Codder Newspaper no less than five (5) days prior to the hearing. If you have questions, please call the Brewster Conservation Department at 508 896-4546, extension 4242 or 4243. Sincerely, ___Sarah Cole, Coastal Engineering Co., Inc.________Representative for Applicant Notice to Abutters, Public Hearing Certified by: TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 57/3 James M. Gallagher, MAA Deputy Assessor Owner Location Mailing Street Mailing City Key Parcel ID 12112 49-135-0-E BREWSTER CONSERVATION TRUST (3-154-2) TRUSTEES 0 LOWER ROAD 36 RED TOP ROAD BREWSTER ST ZipCd/Country MA 02631 12110 50.92-0-R PFANNENSTIEHL CRAIG F & (3.154.3) BERGSTROM CHRISTY A TRUSTEES 91 CARVER ROAD 81 BEACON STREET UNIT 4 BOSTON MA 02108 2017 57-1-0-R RUNCI EDWARD J & (18-19-1) AUSTIN-RUNCI SALLY T 631 LOWER ROAD 631 LOWER ROAD BREWSTER MA 02631 12639 57-2-0-E BREWSTER CONSERVATION TRUST (18-19-2) TRUSTEES 0 LOWER ROAD 36 RED TOP ROAD BREWSTER MA 02631 1923 57-4-0-E BREWSTER HISTORICAL SOCIETY INC (17-1-16) 739 LOWER ROAD PO BOX 1146 BREWSTER MA 02631 1982 57-57-0-R NAGAR AVI & LISA JANE MCGARRY (17-61) 740 LOWER ROAD 344 VINTON STREET MELROSE MA 02176 1939 57-58.0-E BREWSTER CONSERVATION TRUST (17-18) TRUSTEES 0 LOWER ROAD 36 RED TOP ROAD BREWSTER MA 02631 2018 57-59-0-E BREWSTER CONSERVATION TRUST (18-20) TRUSTEES 0 LOWER ROAD 36 RED TOP ROAD BREWSTER MA 02631 12640 57-62-0-R ROBINSON LESLIE H TRUSTEE (18-19-3) 667-667A LOWER ROAD 667 LOWER ROAD Additional Abutter Notifications: Sears Point Condo Association c/o Mercantile Property Management Cobbs Pond Condo Association c/o Ponderosa Property Management Cobbs Pond Development Corporation PO Box 790 PO Box 98 100 Wauquanesit Drive Buzzards Bay, MA 02532 Orleans, MA 02653 Brewster, MA 02631 BREWSTER MA 02631 5/13/2022 Page 1 Copyright (C) 1998, Maptech, Inc. Name: HARWICH Date: 9/3/2014 Scale: 1 inch equals 1333 feet Location: 041° 46' 00.35" N 070° 05' 42.62" W NAD 27 Caption: C13697.02/Sears Pt/NOI Sears Point Drive Map 57 Parcel 3 070° 06' 30.00" W 070° 06' 30.00" W 070° 06' 00.00" W 070° 06' 00.00" W 070° 05' 30.00" W 070° 05' 30.00" W 070° 05' 00.00" W 070° 05' 00.00" W 04 1 ° 4 7 ' 0 0 . 0 0 " 04 1 ° 4 7 ' 0 0 . 0 0 " 04 1 ° 4 6 ' 3 0 . 0 0 " N 04 1 ° 4 6 ' 3 0 . 0 0 " N 04 1 ° 4 6 ' 0 0 . 0 0 " N 04 1 ° 4 6 ' 0 0 . 0 0 " N 04 1 ° 4 5 ' 3 0 . 0 0 " N 04 1 ° 4 5 ' 3 0 . 0 0 " N ° 4 5 ' 0 0 . 0 0 " N ° 4 5 ' 0 0 . 0 0 " N LocusLocus Magnetic Declination 16° W  F: \ S D S K P R O J \ C 1 3 0 0 0 \ C 1 3 6 9 7 \ C 1 3 6 9 7 - 0 2 \ C 1 3 6 9 7 . 0 2 - C - M A R . d w g J u n 0 7 , 2 0 2 2 - 1 1 : 3 7 a m Co a s t a l E n g i n e e r i n g C o . , I n c . c 2 0 2 2 PROJECT NO. OF SHEETS DRAWN BY DRAWING FILE CHECKED BY DATE PR O J E C T SCALE SH E E T T I T L E SEAL DA T E NO . RE V I S I O N BY SE A R S P O I N T C O N D O M I N I U M A S S O C I A T I O N SE A R S P O I N T D R I V E BR E W S T E R , M A C13697.02 PL A N S H O W I N G SH O R E F R O N T P R O T E C T I O N 1 3 AS NOTED 06-07-2022 C13697.02-C-MAR.dwg MJT SCALE: 1" = 4' N.A.V.D. 1988 DATUM PROFILE REF: NOAA VDATUM 06-24-2021 REF: BUZZARDS BAY NATIONAL ESTUARY PROGRAM VERTICAL DATUM IN U.S. SURVEY FEET REFERENCED TO THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88) BASED UPON THE HEXAGON SMARTNET RTK NETWORK. EXISTING 15' EXT. F: \ S D S K P R O J \ C 1 3 0 0 0 \ C 1 3 6 9 7 \ C 1 3 6 9 7 - 0 2 \ C 1 3 6 9 7 . 0 2 - C - M A R . d w g J u n 0 7 , 2 0 2 2 - 1 0 : 5 7 a m Co a s t a l E n g i n e e r i n g C o . , I n c . c 2 0 2 2 PROJECT NO. OF SHEETS DRAWN BY DRAWING FILE CHECKED BY DATE PR O J E C T SCALE SH E E T T I T L E SEAL DA T E NO . RE V I S I O N BY SE A R S P O I N T C O N D O M I N I U M A S S O C I A T I O N SE A R S P O I N T D R I V E BR E W S T E R , M A C13697.02 PL A N S H O W I N G SH O R E F R O N T P R O T E C T I O N 2 3 AS NOTED 06-07-2022 C13697.02-C-MAR.dwg MJT GENERAL NOTES: 1.THE PROPERTY IS LOCATED IN THE TOWN OF BREWSTER, MA ALONG CAPE COD BAY AND IS REFERENCED BY: ACCESSORS MAP: 57 PARCEL 3 2.FLOOD ZONE: THE PROPERTY AND PROPOSED WORK IS LOCATED IN FLOOD ZONES AS INDICATED ON THE DRAWINGS. ALL FLOOD ELEVATIONS ARE REFERENCED TO NAVD 1988 (MSL) FLOOD ZONE VE (EL. 15) AND ZONE X SHOWN ON THIS DRAWING ARE A DIRECT REPRESENTATION OF THE GRAPHIC FLOOD ZONE BOUNDARIES SHOWN ON THE FEMA FIRM PANEL: FIRM PANEL: #25001C0414J, EFFECTIVE JULY 16, 2014 3.SUPPLY ALL MATERIAL, EQUIPMENT AND LABOR FOR CONSTRUCTION OF THE PROPOSED SITE IMPROVEMENTS AS DESCRIBED AND SHOWN ON THE PLAN AND DETAILS. 4.ACCESS FOR MATERIAL AND EQUIPMENT TO BE FROM UPLAND ON THE PROPERTY AS APPROVED. CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL PERMISSION REQUIRED FOR USE OF ANY AND ALL ACCESS. 5.STAGING AREA FOR MATERIALS TO BE ABOVE THE MEAN HIGH WATER ELEVATION. STAGING AREA FOR EQUIPMENT TO BE ON THE PROPERTY AS APPROVED. WHEN MACHINERY AND EQUIPMENT ARE NOT IN USE, THEY SHALL BE KEPT IN THE STAGING AREA. 6.PERFORMANCE OF THE WORK SHALL BE IN COMPLIANCE WITH THE PLAN, DETAILS, AND ORDER OF CONDITIONS ISSUED BY THE BREWSTER CONSERVATION COMMISSION FOR THE REFERENCED PROJECT AND AS DESCRIBED BELOW. 7.ANY FUTURE MAINTENANCE REQUIRED ON THE SHOREFRONT PROTECTION SYSTEM SHALL NOT COMMENCE UNTIL THE BREWSTER CONSERVATION AGENT HAS FIRST BEEN NOTIFIED AS TO THE SCOPE OF THE REPAIRS. 8.ALL DIMENSIONS, GRADES, ETC. SHOWN ON THIS PLAN SHALL BE FIELD VERIFIED BY THE CONTRACTOR AND ANY DISCREPANCIES BROUGHT TO THE ATTENTION OF THE ENGINEER TO BE RESOLVED PRIOR TO CONSTRUCTION. 9.FILL MATERIAL BROUGHT TO THE SITE SHALL BE COMPATIBLE TO THE EXISTING GRAIN SIZE DISTRIBUTION TO WHERE IT IS PLACED. BANK NOURISHMENT SHALL BE COMPATIBLE TO THE EXISTING COASTAL BANK GRAIN SIZE AND NOURISHMENT OVER AND IN THE COIR ENVELOPES SHALL BE COMPATIBLE TO THE EXISTING COASTAL BEACH. 10.ABUTTERS NAMES SHOWN HEREON REFERENCE THE CURRENT TOWN OF BREWSTER ASSESSORS RECORDS. 11.SPECIAL PROVISIONS FOR COASTAL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE RECOMMENDATIONS FOUND IN THE "COASTAL CONSTRUCTION MANUAL" AS PUBLISHED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA-55).MA 12.FORMAL AGREEMENT AS ESTABLISHED BETWEEN BREWSTER CONSERVATION TRUST AND SEARS POINT CONDOMINIUM ASSOCIATION RELATED TO PROPOSED WORK ON ASSESSORS MAP 49 PARCEL 135. COIR ENVELOPES: 1.PROPOSED COIR ENVELOPE SYSTEM TO BE CONSTRUCTED WITH AN INNER LAYER OF JUTE, DOUBLE LAYER OF COIR, AN ADDITIONAL LAYER OF JUTE AND OUTER LAYER OF COIR. CROSS-SECTION DETAIL LOCATED ON SHEET 3 OF THIS PLAN SET. CHANGE IN CROSS-SECTION DESIGN OF COIR ENVELOPE TO BE APPROVED BY ENGINEER. COIR ENVELOPE TO BE FILLED WITH SEDIMENT THAT IS GRAIN-SIZE COMPATIBLE WITH THE COASTAL BEACH (SEE NOTE 9). MITIGATION NOTES: 1.ALL EXISTING VEGETATED AREAS THAT ARE DISTURBED DURING CONSTRUCTION WILL BE PLANTED WITH NATIVE VEGETATION IN THE FIRST FULL GROWING SEASON AFTER CONSTRUCTION IS COMPLETE. 2.THE COASTAL BANK AND AREAS DELINEATED FOR MITIGATION APPROVED UNDER THE SAME ORDER OF CONDITIONS AS THIS PLAN SHALL BE PLANTED DURING THE FIRST FULL GROWING SEASON AFTER CONSTRUCTION IS COMPLETE. PROPOSED NOTE: LAYERS SHOWN ARE INDIVIDUAL AND TO BE SEWN ON SITE. LAYERS TO BE AS SHOWN OR AS APPROVED BY ENGINEER. F: \ S D S K P R O J \ C 1 3 0 0 0 \ C 1 3 6 9 7 \ C 1 3 6 9 7 - 0 2 \ C 1 3 6 9 7 . 0 2 - C - M A R . d w g J u n 0 7 , 2 0 2 2 - 1 0 : 5 7 a m Co a s t a l E n g i n e e r i n g C o . , I n c . c 2 0 2 2 PROJECT NO. OF SHEETS DRAWN BY DRAWING FILE CHECKED BY DATE PR O J E C T SCALE SH E E T T I T L E SEAL DA T E NO . RE V I S I O N BY SE A R S P O I N T C O N D O M I N I U M A S S O C I A T I O N SE A R S P O I N T D R I V E BR E W S T E R , M A C13697.02 PL A N S H O W I N G SH O R E F R O N T P R O T E C T I O N 3 3 AS NOTED 06-07-2022 C13697.02-C-MAR.dwg MJT SECTION BSECTION A BENCHED SLOPE FILL TYP. SCALE: NTS COIR ENVELOPE DETAIL SCALE: NTS ELEVATED BERM DETAIL TYP. SCALE: NTS