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HomeMy Public PortalAbout2023 01 03 Public Meeting Packet1 William Grafton From:Bob Perry <bobperry@capecodengineering.com> Sent:Friday, December 30, 2022 2:44 PM To:William Grafton Subject:35 Captain Dunbar Road - DEP File No. SE9-1942 - Request for a continuation Hi Bill, Thank you for the time spent on site today. I think it was a productive review. Based on your recommendations and suggestions I’ll need more time to coordinate with the owners and make changes to the application and plan. Therefore I am requesting the January 3rd hearing be continued to January 17 at the earliest. We will have any new materials or revisions submitted a minimum of one week prior to Jan 17. Have a great New Years weekend. Bob Perry Cape Cod Engineering, Inc. 508-385-1445 1 Andreana Sideris From:Peter Place <place@ltlllc.com> Sent:Tuesday, December 27, 2022 8:57 AM To:Andreana Sideris Cc:Dee Place Subject:35 Capt Dun Bar Hello Andi, I hope you enjoyed your holiday weekend We have two questions on the variance hearing that will be taking place tonight at 7 pm for 35 Capt Dun Bar. 1. The plan has a proposed storage shed that is 3 feet wide and 10 feet long, but no height is provided. Can you tell us the height of the storage shed? 2. The plan also has proposed building not yet constructed near the front of the house. What exactly is being proposed to be Built? We appreciate the answers to the questions as we will not be able to attend the zoom meeting Thank You Pete Variance Justification 35 Captain Dunbar Road Project: Beach Nourishment, Standby Generator, Utility Fence Enclosures, and Storage Box. Brewster The project purpose is for several unrelated purposes: sand fill for dune / beach stabilizing, generator for auxiliary power, low height, post supported fences to provide modest shelter for utilities from windblown sand, minimal outdoor storage for trash and other items. Resource areas not applicable to the project include: fresh water wetland, coastal wetland marsh, meadow, bog or swamp; lakes, ponds, rivers, stream, estuary or land there under, land subject to flooding or inundation by groundwater or surface water. Resource areas affected and the resource area effect include: Coastal beach: The work area involves coastal beach. Temporary disruption will occur to the beach sediment caused by machinery. The beach will return to the smooth, wave-washed condition within several days. No vegetation will be affected. Coastal bank: The function of this landform is a vertical storm buffer as it is covered by a stone revetment. Research indicates a low glacial deposit beneath the dune sediment. The project has no physical effect to the Coastal Bank Coastal Dunes – The project area landform is predominantly surficial coastal dunes. The dune deposit was affected during the past several years from coastal storms. Replenishing sediment will have a positive value to the resource. Ocean: Cape Cod Bay (ocean) water will interact with the site portion under review during times of high tides and during coastal storms. The actual occurrence and coincidence of ocean water with the bank would be more accurately defined as coastal flooding. Land Under the Ocean: The land under the ocean in this case can be related to the ocean water but is located beyond the low tide line in excess of 500 feet from the project. There will be no significant outward effect upon the land under the ocean caused by the activity. Migration of sediment in the long term will ultimately reach the outer bar area. Land Subject to Flooding or Inundation by Tidal Action or Coastal Storm Flowage: The work area occupies a portion of the land area classified as a coastal flood zone. The beach / dune nourishment component provides for improvement to the flood control interests and provide a slow release of sediment to the broader coastal beach. The project will have no impact on the interests of: • Public water supply • Private groundwater supply • Groundwater or groundwater supply • Water quality in the ponds • Historic values The project does have impact to the other listed interests as follows: • Flood control • Sedimentation control • Water pollution prevention • Erosion control • The proposed sediment component will serve these above- listed interests by assisting to replenish sediment on the coastal beach and dune areas above the revetment. Beach elevation maintained by greater sediment volume reduces the threat for storm damage. Beach nourishment imparted from the sacrificial volume and natural wind harvested volume will offer a positive effect on the sediment dose side of the sediment balance sheet for the local sediment system. • The work shall be carried out consistently with typical standard procedures to protect water quality. Sand material shall be subjected to source testing and inspection upon placement. • Fisheries, shellfish interests will not be harmed with the appropriate sand source testing and placement inspection. No work occurs in the water. • Aesthetic interests are affected to a minimum extent. No significant appearance change will result from the various fences and storage box. • Wildlife interests will not be adversely affected. The site is not a mapped rare species habitat nor is there evidence of stable habitat because the area is a dynamic beach area, subjected to routine changes. • Limited aquatic vegetation exists near the project area. Salt marsh does exist farther out, approx. 30 ft. north of the sediment zone. No activity is permitted near the marsh deposits. Beach grass planting efforts landward of the revetment will be beneficial for terrain stability and wildlife. • With respect to construction methods, the work will require a front-end loader for sand lading and distribution and the storage box and fence work is by hand labor. The sand work shall be done in connection with similar adjacent sand work accessed via Ellis Landing with appropriate authorization and involve a short term, within a 2-hour term. Access is to be established from Capt. Dunbar Rd. for the upland work • Alternatives. Alternatives are few. More sand or less sand. The fence variety as panel fence can be modified but is intended to block windblown sand. Storage within the dwelling is feasible but causes for awkward interior conditions. The concept of a small shed is consistent with typical residential uses, which is the intent in this case. By review and acceptance of the foregoing, I believe this outline will help the reader to conclude that the proposed work activity and its natural and consequential effects will have no adverse effect upon any of the interests specified in the By-Law, and meets the variance provisions for part II, Coastal Wetlands of the regulations of the Town of Brewster Wetlands protection By-law. TIMETABLE The work to erect the short fences, the box, install the generator shall commence during the off season and take approx. several days. On-going beach nourishment shall proceed with authorization of the Commission staff as needed during the term of the Order and as necessary and as allowed. PROJECT NARRATIVE INSTALLATION OF A PROPOSED FENCE ENCLOSURES AND EXISTING HVAC UNITS; PROPOSED POST- SUPPORTYED STORAGE BOX; BEACH AND DUNE SEDIMENT NOURISHMENT. The area subject to the Notice is land on the coast of Brewster between Capt. Dunbar Rd. and the tidewaters of Cape Cod Bay. Please the locus maps for the exact location. The site is a residential site, approximately 6,200 s.f. The site is currently separated from Cape Cod Bay by a stone revetment. The parent soil of the lot is of a glacial origin however the surface soils of varying thickness is predominantly of a dune origin. The FEMA-mapped coastal flood zone affects locus just seaward of the dwelling superstructure. The site is currently stable but in the interest of pursuing common shore stability management measures commonly done on coastal properties, this Notice will outline certain management measures relating to future stability. A residential redevelopment project was recently completed and the new building was situated on an open pile foundation. The land area surrounding the building is recovering from the construction activity and was planted with beach grass and an assortment of salt tolerant native shrubs. An Order of Conditions remains in force for a remaining term of approx. 2 years to secure the appropriate survival outcome for the planted materials. The new owners, not the redevelopment applicant, have adopted the on-going Order and are intent on fulfilling any obligations. Having acquired the property, while reviewing the various limitations, researching the design interest of the developer, the new owners, applicants in this NOI, seek to accomplish four primary objectives. 1. Propose a typical residential, standby, natural gas-powered generator. The generator is installed by a small crew with direct gas line and electrical connection to the building. 2. Install min. sized, protective fence enclosures for the generator and for the existing HVAC heat pump and trash barrel area. Both utilities and the trash storage zone are on the west side of the existing building. The exposed location and sandy surface provides a basis to provide some rudimentary screening protection from wind-blown sand for the equipment and the two trash barrels are better stabilized if somewhat enclosed. . Fencing would be a low height, 4 to 5 ft. panel fence on typical hand dug posts. With several inches clearance the fence should not interfere with the dune’s landward movement or wind response, except to inhibit the dune from moving into the equipment. 3. Install a 3 ft. wide X 10 ft. long, post -supported storage box, effectively a “shed” but small enough to be deemed a box. The box is proposed on the east side of the building. Small recreational items will be best confined. The pile-supported building did not provide any storage space for practical purposes. With careful planning the box will accommodate a small assortment of the recreational items, bicycles, outdoor chairs, etc. The box will be built by hand tools on hand installed posts. 4. Provide beach sediment nourishment on the face of and seaward of the stone revetment and a sediment volume and follow-up beach grass planting in the zone along the top of the revetment and immediately landward. The properties to each side have sediment nourishment programs in place. The applicants wish to join the group sediment nourishment effort. Beach nourishment is often more effective with a collective approach. Sediment for both the beach and the revetment cap zone shall be a clean, medium grain size, screened quality consistent with the ongoing sediment program. Volumes are listed on the plan. With occasional storm wave over wash, there is an on-going interest to plant Am. Beachgrass in the revetment cap zone in locations where it is lacking and in areas where the nourishment will be added. Beach grass in this zone, if maintained will offer an improved level of protection against scour from storm wave over wash. BENCHMARK - NAIL IN POLEEL. = 23.1 LAND MANAGEMENT PLAN 56 Underpass Road | Brewster, MA November 3, 2022 Revised December 2, 2022 Revised December 27, 2022 2 EXISTING CONDITIONS The project area is located to the north, west, and south of the existing building in the 50’ buffers to both wetlands and spanning from the wetland edges to the upland edge along the proposed gravel parking area at the rear of the existing building. Refer to the diagram on page 3 for the project area location. Existing vegetation is a matrix of native facultative and upland plants intermixed with non-native and invasive plants, particularly along the parking lot edges. Canopy species include red maple, tupelo, American linden, pussy willow, ash, eastern red cedar, spruce, and black locust. These canopy species are distributed throughout the project area and many are covered with a dense layer of Asiatic bittersweet and wild grape. Native shrub species observed include sweet pepperbush, highbush blueberry, and arrowwood. Invasive privet and shrub honeysuckle were intermixed throughout the project area. Porcelainberry, multiflora rose, grape, and bittersweet are intertwined with much of the shrub layer, especially along the sunny parking lot edges. Herbaceous species are dotted along the upland edges and within the wetland proper and include species of goldenrod, Joe pye weed, mugwort, English ivy, and various species of fern. A stand of phragmites extends from the wetland south of the property into the BVW. The stand is denser to the south and sporadic closer to the wetland edge. Most of the phragmites appears to fall outside of the project area. VIEW LOOKING TOWARDS THE WESTERN PROJECT AREAview looking towards the wooded wetland Project Locus INTRODUCTION & PROJECT GOALS The project site is located at 56 Underpass Road, which is home to the Brewster Veterinary Hospital. A wooded, deciduous swamp and associated wetlands fall to the west and south of the property and an Isolated Vegetated Wetland lies to the north. The Considine Ditch drainage system also cuts across the southwestern corner of the property. The project proposes site improvements which include additions to the existing building, reconfiguration of the staff parking area west of the building, and the construction of subsurface stormwater leaching basin. The goal of this Land Management Plan (LMP) is to permit a vegetation management plan to remove invasive plants and enhance the existing native plant communities on the site as mitigation for the proposed construction. Work activities proposed in this Land Management Plan (LMP) include the removal of non-native plants and the supplemental planting of native plants where needed. Proposed activities in this LMP will occur in the buffers to the BVW and Isolated Wetland. Nantucket Sound 1 Cape Cod Bay 2 3 VIEW LOOKING TOWARDS THE WESTERN PROJECT AREA PROJECT AREA NEAR THE ISOLATED WETLAND TO THE NORTH VIEW OF PARKING AREA TO BECOME MITIGATION PLANTING #56 BrewsterVeterinaryHospital 100’ Buffer 50’ Buffer Project Area Edge of BVW Ed g e o f B V W C o n s i d i n e D i t c h A p p r o x L o c a t i o n o f Un d e r p a s s R o a d Isolated WetlandEdge of 2 4 4 PROJECT AREA DIAGRAM N 1 2 3 3 4 PROPOSED ACTIVITIES IN PROJECT AREAS Invasive plant management and native plant restoration are the two major components to restore a native plant community within the project area. Proposed project activities include the removal of invasive plants and planting of native plants within the vegetated buffer to the wooded swamp and isolated wetland and within the proposed drainage swales that form part of the stormwater management system proposed in the plans by J.M. O’Reilly. Activities will also include rejuvenation of existing native shrubs through restorative pruning where necessary. Invasive Plant Management 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 effect resources for wildlife. The native plant community within the project area has been heavily impacted by invasive plants, limiting species diversity and benefits to wildlife. Shrub honeysuckle, bittersweet, and porcelainberry in particular, have shaded out many of the existing native shrubs and herbaceous species. Several invasive black locust trees, growing at the vegetated edge adjacent to the existing parking, can also outcompete native tree species in the adjacent wetlands and uplands over time. A moderate stand of phragmites reed is growing within the wooded swamp along the southern property line, with some of the phragmites making incursions onto the subject property. When non-native phragmites displaces native vegetation, the amount of habitat available for breeding, shelter, and food for native insects and fauna is also reduced. It is proposed that all invasive, non-native, and aggressive plants including Asiatic bittersweet, intermittent phragmites, shrub honeysuckle, privet, black locust, Asian gray willow, and others be treated and removed from the project area. A complete list of invasive plants to be managed in the project area are listed in the Appendix on page 12. Treatments will consist of mechanical removal and selective herbicide application using the method most effective for the species being treated. All herbicide applications will be performed by Massachusetts licensed applicators. The Invasive Plant Management Protocols in the Appendix include species- specific information and management strategies. After treatment, root materials will be root grappled in preparation for replanting. Native soils will not be removed from the project area. Where aggressive vines, such as bittersweet and vine honeysuckle, 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. After invasive species removal is complete, areas of bare soil will be seeded with a soil stabilizing native grass mix and covered with a biodegradable mulch product or biodegradable erosion control blankets where necessary. Native Plant Community Restoration Overall, approximately 5,200 square feet of native plant restoration will take place within the vegetated buffer adjacent to the BVW and isolated wetland. Enhancing and restoring native plant communities to areas where invasive plants have been removed is as important to restoration success as is removing invasive plants. Establishing native plant communities discourages the re-colonization of invasive and unwanted plants by limiting the resources available to such plants (i.e., sunlight, nutrients, and growing space). The wetlands and surrounding vegetated buffer provide an important wildlife corridor through the succession of wetlands the run along the Considine Ditch, in the otherwise highly developed landscape along route 6A. Restoring a native plant community in the project area will result in greater biodiversity and improved habitat for wildlife that utilize this corridor. Restoration planting will focus on enhancing the vegetated buffer between the redeveloped parking area at the rear of the building, and the adjacent wetland resource areas The portion of the vegetated buffer directly adjacent to the wetlands is proposed to be restored with a mixture of woody shrubs tolerant of moist soils. Native Grass Drainage Swale 5 REGULATORY COMPLIANCE It is WED’s professional opinion that project activities described in this Land Management Plan 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. Proposed shrubs in this area include winterberry, elderberry, highbush blueberry,and sweet pepperbush. Planted shrubs will be concentrated along the wetland edge. TYPICAL SECTION SHOWING THE RESTORATION AREA FROM THE GRASS SWALES TO THE BVW EDGE BVW EdgePlanted Shrubs With Existing Trees in The Mitigation & Restoration Area More upland areas within the vegetated buffer will be restored with a variety of native woody and herbaceous species tolerant drier or wetter soils depending on location. Proposed species include serviceberry, bayberry, eastern red cedar, red chokeberry, inkberry, and Carolina rose, and native grasses including little bluestem, Pennsylvania sedge, crinkle hairgrass, and others. All planting will take place around preserved native species. Refer to the Restoration Plan for a complete listing of proposed plants. The proposed grass drainage swales, which are part of the stormwater management system, will be seeded with a native grass meadow mix that will provide a cover of deeply rooted native grasses that will help to filter stormwater that will be diverted into this system. Seeded grasses will be allowed to naturalize. Twice annual mowing of these areas will take place in late spring and late summer to limit the potential growth of cool season non-native annuals and woody shrubs. 6 THREE YEAR LAND MANAGEMENT TIMELINE Winter/Spring • Monitor plant response to earlier management treatments and calibrate follow-up treatments accordingly. • After most other deciduous plants have gone dormant, conduct a low-volume foliar application of herbicide to any persistent species (only if necessary, otherwise hand-pull small quantities). • Mow grass swales in late spring • If planting did not occur in fall 2023, install temporary irrigation and plant project area according to the Restoration Plan. Once planting has occurred, submit Implementation Report by June 1. • Submit semi-annual monitoring report by June 1. Summer • Treat any phragmites that is in the project area • As previously cut plants re-sprout and any remaining seed bank germinates, selectively treat using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved rates. • Mow grass swales in late summer Fall • Continue management treatments as previously cut plants re-sprout and seed bank germinates by either weeding or selectively treating using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved rates. • Submit semi-annual monitoring report by Demember 1. Spring • Pre-treat all multiflora rose, vine & shrub honeysuckle, bittersweet, porcelainberry, Asian gray willow, black locust, border privet, English ivy, mugwort, and previously managed trees approved for removal with an herbicide appropriate to the plant species. Treatment methods vary depending on species, size and environmental conditions, will consist of basal bark, cut and wipe, injection or selective foliar application. • Remove invasive trees. • Immediately seed any exposed or conditioned soils with specified seed mix and cover area with a biodegradable mulch product, or install biodegradable erosion control blankets where necessary on sloping areas. • Regeneratively prune native shrubs shaded out by invasive vines as needed. • Submit semi-annual monitoring report by June 1. General Note: Herbicides used are to be applied by knowledgeable, licensed individuals only. Summer • Treat any phragmites that is within the project area • As previously cut plants re-sprout and any remaining seed bank germinates, selectively treat using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved rates. • Mow grass swales in late summer Fall • If functional invasive plant control has been reached, install temporary irrigation and plant project area according to the Restoration Plan. Once planting has occurred, submit post planting Implementation Report by December 1. • Continue management treatments as previously cut plants re-sprout and seed bank germinates by either weeding or selectively treating using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved rates. • Submit semi-annual monitoring report by Demember 1. 2023 2024 7 Winter/Spring • Monitor plant response to earlier management treatments and calibrate follow-up treatments accordingly. • After most other deciduous plants have gone dormant, conduct a low-volume foliar application of herbicide to any persistent species (only if necessary, otherwise hand-pull small quantities). • Mow grass swales in late spring • Submit semi-annual monitoring report by June 1. Summer • Treat any phragmites that is within the project area • As previously cut plants re-sprout and any remaining seed bank germinates, selectively treat using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved rates. • Mow grass swales in late summer Fall • Continue management treatments as previously cut plants re-sprout and seed bank germinates by either weeding or selectively treating using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved rates. • Submit semi-annual monitoring report by Demember 1. Ongoing Maintenance If land management treatments have been successful, only monitoring and hand removal will be required to keep non-native, invasive, and aggressive species from being reintroduced (this will vary depending on actual carbohydrate stores in the roots and environmental conditions throughout the treatment period). 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 time per year depending on the site conditions and client preference. We ask that this condition be incorporated into the Special Conditions of the Order. 2025 ONGOING 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 selective herbcide application and/or mechanical methods. Appropriately timed treatments are based on individual plant life cycles, growing seasons, and levels of infestation. Cutting of plants is scheduled when carbohydrates have been transferred from the roots to the above-ground portion of the plant, thus causing the most damage to the target plant by eliminating carbohydrate stores, which weakens the plant over time. A program of selective herbicide application will be instituted during time periods when the plants will translocate the herbicide most efficiently to destroy root 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. Asiatic Bittersweet (Celastrus orbiculatus) poses the greatest threat to the preservation of native plant communities. Asiatic bittersweet has been officially classified as an invasive plant in Massachusetts, because it has the ability to overwhelm open fields and forests alike, forming dense stands of the aggressive vine. A treatment schedule based on the phenology of the plant is outlined below. Cutting and herbicide application will be scheduled when carbohydrates have been transferred from the roots to the above-ground portion of the plant, thus causing the most damage to the plant and eliminating carbohydrate stores, which weaken the plant over time. By commencing management with a cut stem application of herbicide, re-sprouting in the subsequent growing season will be dramatically reduced. For plants with a stem diameter of 1/2 inch or more, a cut and wipe application of Triclopyr-based herbicide is recommended with a subsequent foliar application for suckering root growth and/or smaller diameter plants. Roots systems can be extensive requiring repeated treatment for full eradication. (MIPAG Listed Invasive). Border 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). Vine Honeysuckle (Lonicera japonica) is currently scattered throughout the ground layer and understory. Taking advantage of its persistent fall leaves, control should consist of a late fall application of Glyphosate-based herbicide to eradicate this weed from the plant community. Vine honeysuckle is opportunistic and will colonize managed areas if it is left untreated. (MIPAG Listed Invasive). Multiflora Rose (Rosa multiflora) is a highly adaptable perennial vine or shrub that has the ability to grow in full sun or full shade and thrive in a wide variety of site conditions including upland, wetland, and coastal habitats. Its aggressive growth habit forms impenetrable thickets allowing it to crowd out native vegetation. Add to this, multiflora rose is an extremely prolific seed producer that is widely dispersed by birds. It is most effectively controlled using a “cut-and-wipe” method of herbicide application with an ultra-low volume herbicide. A low volume foliar spray or a basal bark treatment is also very effective. (MIPAG Listed Invasive). 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). Mugwort (Artemesia vulgaris) is an aggressive perennial forb that spreads through a strong rhizomatous root system. It is capable of creating large stands that displace native plants. A low-volume foliar treatment with a Glyphosate-based herbicide is the best method of controlling this plant. (Not a State-Listed invasive). Porcelain Berry (Ampelopsis brevipedunculata) is an aggressive perennial vine native to Asia. It invades open and edge habitats, spreading rapidly and climbing on and over native plants, forming dense stands. Birds are attracted to the fruit and spread the seeds. Vines should be flush cut and a glyphosate- based herbicide applied to the cut stem. Regular hand pulling of juvenile plants is recommended. (MIPAG Listed Likely Invasive, Massachusetts Prohibited Plant List). Shrub Honeysuckle (Lonicera morrowii & bella) poses a major threat to native habitats. These species aggressively out- compete native shrubs in the edge habitat and woodland understory. Shrub honeysuckle can 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 chemicals that inhibit the growth of other plants. Honeysuckle should be mechanically uprooted if conditions allow, where this is not 9 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). Asian Gray Willow (Salix cinerea) is considered native to Europe and Western Asia and has the ability to outcompete native willows for the same wetland niche. Case studies on the Cape, have observed this species crowding out native species in pond and dune swale habitats. A cut and wipe application with a glyphosate-based herbicide is recommended immediately after cutting. (MIPAG Listed Invasive). Phragmites (Phragmites australis) Non-native phragmites reed aggressively out-competes native species with a dense monoculture of reeds that grow up to 20 ft in height. It reproduces through wind and seed dispersal, and through strong rhizomatous root systems. According to the Michigan Department of Environmental Quality (2014), up to 80% of Phragmites biomass is underground. Controlling this species can be difficult as the root disturbance caused by mechanical removal often results in remaining pieces of the rhizomes a competitive edge for re-rooting. Multiple season and case- dependant processes can be used for control. These processes could include cut and wipe, bundle cut and wipe, and the traditional method of pretreatment and mechanical removal. (MIPAG Listed Invasive). Black Locust (Robinia pseudoacacia) is a tree species capable of rapidly colonizing nutrient poor soils and has been documented to produce allelopathic effects on the soil which can inhibit the growth of other plant species in the surrounding area. A cut and wipe application of Glyphosate-based herbicide is recommended to eradicate this species. Black Locust can re-sprout vigorously after initial treatment and follow-up treatment on the resprouts should be conducted using the cut and wipe method of herbicide application. (MIPAG Listed Invasive, Massachusetts Prohibited Plant List). 56 Underpass Road, Brewster MA Non-native & invasive species observed : Black Locust Robinia pseudoacacia Vine Honeysuckle Lonicera japonica Asiatic Bittersweet Celastrus orbiculatus Multiflora Rose Rosa multiflora Japanese Holly Illex crenata Border Privet Ligustrum obtusifolium Shrub Honeysuckle Lonicera morowii & bella Mugwort Artemisia vulgaris English Ivy Helix hedera Asian Gray Willow Salix cinerea Lesser Periwinkle Vinca minor Porcelainberry Ampelopsis glandulosa Native species observed: Bayberry Morella pensylvanica Staghorn Sumac Rhus typhina Pitch Pine Pinus rigida Black/Scarlet Oak Quercus velutina/coccinea Scrub Oak Quercus ilicifolia American Linden Tilia americana Pennsylvania Sedge Carex pensylvanica Joe-Pye Weed Eutrochium dubium Highbush Blueberry Vaccinium corymbosum Highbush Blueberry Vaccinium corymbosum Fox Grape Vitis labrusca Red Maple Acer rubrum Eastern Red Cedar Juniperus virginiana Pussy Willow Salix discolor Goldenrod sp. Solidato sp. Spruce sp Picea sp Definitions Native plants: A native (indigenous) species is one that occurs in a particular region, ecosystem, and habitat without direct or indirect human actions. Native plants suited for our coastal areas bind sediments with their fibrous roots. Grasses and forbs create a groundcover that not only stabilize sediments, but improve the quality of wildlife habitat and slow water runoff. Many invasive plants lack fibrous root systems and often have allelopathic chemicals which inhibit the growth of surrounding vegetation, thus creating areas of bare earth which lead to faster rates of erosion, decreased wildlife habitat quality, and increased storm water runoff. The loss of native vegetation to invasive plant species degrades our wetlands and public interests (as stated below) and decreases the diversity of our biological community. Invasive Plants: As defined by the Massachusetts Invasive Plant Advisory Group, invasive plants are non-native species that have spread into native plant systems, causing economic or environmental harm by developing self-sustaining populations and dominating and/or disrupting those native systems. Invasive plant’s biology and physiology equip them with the means to out- compete native plants, disrupting native plant communities and compromising the integrity of that ecosystem. Invasive plant species can alter hydrological patterns, soil chemistry, moisture holding capacity, and can accelerate erosion. 10 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 over 20 feet in height with a diameter at breast height (dbh) greater than or equal to 0.4 inches to less than 5 inches. 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”. Regenerative Pruning: Regenerative pruning is coppice-style rotational pruning where each year, one-third of the most degraded stems are removed above the basal crown. This process will stimulate new growth while limiting the height of existing shrubs. References Darke, Rick and Doug Tallamy. The Living Landscape. Timber Press, Portland. 2014. Illinois Wildflowers.com. http://www. illlinoiswildflowers.info/ Lady Bird Johnson Wildflower Center Native Plant Information Network. http://www.wildflower.org/plants/ 90.96' N 85°02'32" E 278.10' S 0 1 ° 3 1 ' 0 0 " E 12 0 . 0 4 ' 115'±Edge of Vegetated Wetland Area= 1.87 Ac.± PARCEL 116 Gravel Parking Lot Sign Garden 47 47 47 47 47 46 4645 45 44 44 43 43 Isolated Vegetated (Perched ) W e t l a n d Bo r d e r i n g V e g e t a t e d W e t l a n d Borderi n g V e g e t a t e d W e t l a n d Gravel Parking Lot PROPOSED PORCH PR O P O S E D AD D I T I O N PR O P O S E D AD D I T I O N PROPOSED ENTRY LND'G GR A S S W A L K I N G AR E A RAMP RAMP LN D ' G LND'G LANDSCAPE AREA LANDSCAPE AREA OXYGEN STORAGE PROPOSED PORCH AREAPROP. UTILITY CLOSET LND'G RAMP RA M P #56 BREWSTER VETERINARY HOSPITAL 50' BUFFER TO BVW 50' BUFFER TO BVW L.O.W. L. O . W . L.O.W. UN D E R P A S S R O A D 4 5 44 45 42 42 43 41 41 CONSERVATION - BUFFER ZONE COVERAGES EXISTING CONDITIONS: BUFFER ZONE: BUILDING: 43 44 45 45 PROPOSED RESTORATION NOTE: PLEASE REFER TO THE RESTORATION PLAN AS PREPARED BY ONCE THE REAR AREA IS GRADED AND THE BIO-RETENTION SWALE AND VEGETATED CHANNEL WITH FOREBAY CONSTRUCTED, THE AREA SHALL BE STABILIZED AND THEN PLANTED AS OUTLINE ON THE W.E.D. REPORT. 55 46 44 45 4 6 46 4 3 N 0 0 ° 0 4 ' 2 0 " W 20 9 . 9 2 ' N 78°20'13" E 90.96' N 85°02'32" E 278.10' S 0 1 ° 3 1 ' 0 0 " E 12 0 . 0 4 ' 115'±Edge of Vegetated Wetland Part of the Considine Ditch Drainage System Area= 1.87 Ac.± PARCEL 116 Gravel Parking Lot Gravel Parking Lot Ed g e o f P a v e m e n t Sign Garden 47 47 47 47 47 46 4645 45 44 44 43 43 Isolated Vegetated (Perched) Wetland Bo r d e r i n g V e g e t a t e d W e t l a n d Bordering V e g e t a t e d W e t l a n d Gravel Parking Lot OXYGEN STORAGE 3/4" - 1-1/2" Stone SOIL TEST LOGS: TEST HOLE 1: EL=45.5± #56 BREWSTER VETERINARY HOSPITAL 50' BUFFER TO BVW 50' BUFFER EX EDGE EX P A R K I N G I S L A N D OF VEG TO BVW UN D E R P A S S R O A D EX E D G E O F VE G & P A R K I N G L O T EX EDGE OF PARKING LOT FOR PERMITTING PURPOSES ONLY THIS DRAWING IS NOT INTENDED FOR CONSTRUCTION REV DATE DESCRIPTION DRAWN BY:CHECKED BY: DATE:SCALE: SURVEY PROVIDED BY: ARCHITECT: 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. NOTES: k:\clients\underpass rd_56_bre\consult\plans\restoplan\resto plan_underpass rd_56_bre.dwg21-Oct-22 1 OF 1 CHTK VARIES11/03/2022 56 Underpass Road Brewster, MA RESTORATION PLAN J.M. O'REILLY & ASSOCIATES, INC. 1573 MAIN STREET BREWSTER, MA, 02631 508-896-6602 CATALYST ARCHITECTURE 203 WILLOW STREET, SUITE A YARMOUTHPORT, MA 02675 508-362-8382 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. HAND-WEEDING AND SELECTIVE HERBICIDE TREATMENTS WILL BE REQUESTED AS AN ONGOING CONDITION TO STOP REINTRODUCTION OF INVASIVE AND AGGRESSIVE PLANT SPECIES INTO THE PROJECT AREA. 7. ALL EXPOSED SOILS WILL BE SEEDED WITH NATIVE CAPE COD MEADOW MIX UNLESS OTHERWISE SPECIFIED. 1 BREWSTER VETERINARY HOSPITAL PLANT SPECIFICATIONS 100 NATIVE SHRUBS & TREES FOR MITIGATION & RESTORATION AREAS qty common name scientific name size 2 Eastern Red Cedar Juniperus virginiana #1 - #3 10 Carolina Rose Rosa carolina #1 - #3 10 Bayberry Morella pensylvanica #1 - #3 3 Witchhazel Hamamelis virginiana #1 - #3 11 Sweet-pepperbush Clethra alnifolia #1 - #3 22 Red Chokeberry Aronia arbutifolia #1 - #3 16 Inkberry Ilex glabra #1 - #3 9 Highbush Blueberry Vaccinium corymbosum #1 - #3 2 Serviceberry Amelanchier canadensis #1 - #3 10 Winterberry Ilex verticillata #1 - #3 5 Elderberry Sambucus canadensis #1 - #3 NATIVE SEED MIX FOR GRASS SWALES & UPLAND AREAS common name scientific name Broom Sedge Andropogon virginicus Creeping Red Fescue Festuca rubra Crinkle Hair Grass Deschampsia flexuosa Fox Sedge Carex vulpinoidea Little Bluestem Schizachyrium scoparium Purple Lovegrass Eragrostis spectabilis Upland Bentgrass Agrostis perennans 100' BUFFER TO BVW 50' BUFFER TO BVW MITIGATION AREA (1,150 SF APPROX): EXISTING PARKING AREA TO BECOME VEGETATED BUFFER OF NATIVE PLANTS Scale: 1"= 20' RESTORATION PLAN2 Scale: 1"= 40' EXISTING CONDITIONS1 N N 00 20'40' 00 40'80' EDGE OF ISOLATED WETLAND RESTORATION AREA (5,200 SF): INVASIVE PLANT MANAGEMENT & NATIVE PLANT RESTORATION AREAS TO BECOME PROPOSED STOMWATER MANAGEMENT SYSTEM. REFER TO PLAN BY J.M. O'REILLY PROPOSED LEACHING FACILITY FOR REAR PARKING AREA PROPOSED GRASS SWALES TO BE PLANTED WITH NATIVE SEED MIX IN PLANT SPECIFICATIONS PROPOSED GRASS SWALES TO BE PLANTED WITH NATIVE SEED MIX IN PLANT SPECIFICATIONS 3 WITCH HAZEL 2 EASTERN RED CEDAR PROP DOUBLE DUMPSTER PADS 5 ELDERBERRY 5 CAROLINA ROSE 6 CAROLINA ROSE 6 BAYBERRY 4 BAYBERRY 8 RED CHOKEBERRY 4 RED CHOKEBERRY 5 INKBERRY 5 INKBERRY 3 WINTERBERRY 4 WINTERBERRY 3 WINTERBERRY 6 SWEET PEPPERBUSH 5 HIGHBUSH BLUEBERRY 5 SWEET PEPPERBUSH 4 HIGHBUSH BLUEBERRY 1 SERVICEBERRY APPROX LOCATIONS OF INVASIVE BLACK LOCUST TREES TO BE REMOVED SEED MIX FOR WETLAND AREAS common name scientific name Cardinal Flower Lobelia cardinalis Blue Vervain Verbena hastata Blue Lobelia Lobelia siphilitica Boneset Eupatorium perfoliatum Fox Sedge Carex vulpinoidea Little Joe-Pye Weed Eupatorium dubium Swamp Milkweed Asclepias incarnata PROPOSED 10'x6'x4' LEACHING GALLEY FOR ROOF RUNOFF (TYP) PROPOSED 10'x6'x4' LEACHING GALLEY FOR ROOF RUNOFF (TYP) PROJECT AREAS TO BE SEEDED WITH UPLAND OR WETLAND SEED MIX DEPENDING ON SOILS 12/02/2022 CORRECTED PLAN LABELING 12/27/2022 ADDED SHRUBS TO EDGES OF REVISED SWALE & PLAN NOTES FOR TOPSOIL REPLACEMENT 2 4 RED CHOKEBERRY 5 RED CHOKEBERRY3 INKBERRY 3 INKBERRY EXISTING FILL IN PROJECT AREAS TO BE REPLACED WITH NATIVE TOPSOIL SUPPLEMENTED WITH COMPOST IN A 3' DIAMETER AROUND PROPOSED PLANTINGS 1 SERVICEBERRY 100-FOOT RIPARIAN ZONE RIVERFRONT AREA 200-FOOT RIPARIAN ZONE RIVERFRONT AREA 2 LAND MANAGEMENT PLAN 56 Underpass Road | Brewster, MA November 3, 2022 Revised December 2, 2022 2 EXISTING CONDITIONS The project area is located to the north, west, and south of the existing building in the 50’ buffers to both wetlands and spanning from the wetland edges to the upland edge along the proposed gravel parking area at the rear of the existing building. Refer to the diagram on page 3 for the project area location. Existing vegetation is a matrix of native facultative and upland plants intermixed with non-native and invasive plants, particularly along the parking lot edges. Canopy species include red maple, tupelo, American linden, pussy willow, ash, eastern red cedar, spruce, and black locust. These canopy species are distributed throughout the project area and many are covered with a dense layer of Asiatic bittersweet and wild grape. Native shrub species observed include sweet pepperbush, highbush blueberry, and arrowwood. Invasive privet and shrub honeysuckle were intermixed throughout the project area. Porcelainberry, multiflora rose, grape, and bittersweet are intertwined with much of the shrub layer, especially along the sunny parking lot edges. Herbaceous species are dotted along the upland edges and within the wetland proper and include species of goldenrod, Joe pye weed, mugwort, English ivy, and various species of fern. A stand of phragmites extends from the wetland south of the property into the BVW. The stand is denser to the south and sporadic closer to the wetland edge. Most of the phragmites appears to fall outside of the project area. VIEW LOOKING TOWARDS THE WESTERN PROJECT AREAview looking towards the wooded wetland Project Locus INTRODUCTION & PROJECT GOALS The project site is located at 56 Underpass Road, which is home to the Brewster Veterinary Hospital. A wooded, deciduous swamp and associated wetlands fall to the west and south of the property and an Isolated Vegetated Wetland lies to the north. The Considine Ditch drainage system also cuts across the southwestern corner of the property. The project proposes site improvements which include additions to the existing building, reconfiguration of the staff parking area west of the building, and the construction of subsurface stormwater leaching basin. The goal of this Land Management Plan (LMP) is to permit a vegetation management plan to remove invasive plants and enhance the existing native plant communities on the site as mitigation for the proposed construction. Work activities proposed in this Land Management Plan (LMP) include the removal of non-native plants and the supplemental planting of native plants where needed. Proposed activities in this LMP will occur in the buffers to the BVW and Isolated Wetland. Nantucket Sound 1 Cape Cod Bay 2 3 VIEW LOOKING TOWARDS THE WESTERN PROJECT AREA PROJECT AREA NEAR THE ISOLATED WETLAND TO THE NORTH VIEW OF PARKING AREA TO BECOME MITIGATION PLANTING #56 BrewsterVeterinaryHospital 100’ Buffer 50’ Buffer Project Area Edge of BVW Ed g e o f B V W C o n s i d i n e D i t c h A p p r o x L o c a t i o n o f Un d e r p a s s R o a d Isolated WetlandEdge of 2 4 4 PROJECT AREA DIAGRAM N 1 2 3 3 4 PROPOSED ACTIVITIES IN PROJECT AREAS Invasive plant management and native plant restoration are the two major components to restore a native plant community within the project area. Proposed project activities include the removal of invasive plants and planting of native plants within the vegetated buffer to the wooded swamp and isolated wetland and within the proposed drainage swales that form part of the stormwater management system proposed in the plans by J.M. O’Reilly. Activities will also include rejuvenation of existing native shrubs through restorative pruning where necessary. Invasive Plant Management 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 effect resources for wildlife. The native plant community within the project area has been heavily impacted by invasive plants, limiting species diversity and benefits to wildlife. Shrub honeysuckle, bittersweet, and porcelainberry in particular, have shaded out many of the existing native shrubs and herbaceous species. Several invasive black locust trees, growing at the vegetated edge adjacent to the existing parking, can also outcompete native tree species in the adjacent wetlands and uplands over time. A moderate stand of phragmites reed is growing within the wooded swamp along the southern property line, with some of the phragmites making incursions onto the subject property. When non-native phragmites displaces native vegetation, the amount of habitat available for breeding, shelter, and food for native insects and fauna is also reduced. It is proposed that all invasive, non-native, and aggressive plants including Asiatic bittersweet, intermittent phragmites, shrub honeysuckle, privet, black locust, Asian gray willow, and others be treated and removed from the project area. A complete list of invasive plants to be managed in the project area are listed in the Appendix on page 12. Treatments will consist of mechanical removal and selective herbicide application using the method most effective for the species being treated. All herbicide applications will be performed by Massachusetts licensed applicators. The Invasive Plant Management Protocols in the Appendix include species- specific information and management strategies. After treatment, root materials will be root grappled in preparation for replanting. Native soils will not be removed from the project area. Where aggressive vines, such as bittersweet and vine honeysuckle, 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. After invasive species removal is complete, areas of bare soil will be seeded with a soil stabilizing native grass mix and covered with a biodegradable mulch product or biodegradable erosion control blankets where necessary. Native Plant Community Restoration Overall, approximately 5,200 square feet of native plant restoration will take place within the vegetated buffer adjacent to the BVW and isolated wetland. Enhancing and restoring native plant communities to areas where invasive plants have been removed is as important to restoration success as is removing invasive plants. Establishing native plant communities discourages the re-colonization of invasive and unwanted plants by limiting the resources available to such plants (i.e., sunlight, nutrients, and growing space). The wetlands and surrounding vegetated buffer provide an important wildlife corridor through the succession of wetlands the run along the Considine Ditch, in the otherwise highly developed landscape along route 6A. Restoring a native plant community in the project area will result in greater biodiversity and improved habitat for wildlife that utilize this corridor. Restoration planting will focus on enhancing the vegetated buffer between the redeveloped parking area at the rear of the building, and the adjacent wetland resource areas The portion of the vegetated buffer directly adjacent to the wetlands is proposed to be restored with a mixture of woody shrubs tolerant of moist soils. Native Grass Drainage Swale 5 REGULATORY COMPLIANCE It is WED’s professional opinion that project activities described in this Land Management Plan 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. Proposed shrubs in this area include winterberry, elderberry, highbush blueberry,and sweet pepperbush. Planted shrubs will be concentrated along the wetland edge. TYPICAL SECTION SHOWING THE RESTORATION AREA FROM THE GRASS SWALES TO THE BVW EDGE BVW EdgePlanted Shrubs With Existing Trees in The Mitigation & Restoration Area More upland areas within the vegetated buffer will be restored with a variety of native woody and herbaceous species tolerant drier or wetter soils depending on location. Proposed species include serviceberry, bayberry, red chokeberry, inkberry, and Carolina rose, and native grasses including little bluestem, Pennsylvania sedge, crinkle hairgrass, and others. All planting will take place around preserved native species. Refer to the Restoration Plan for a complete listing of proposed plants. The proposed grass drainage swales, which are part of the stormwater management system, will be seeded with a native grass meadow mix that will provide a cover of deeply rooted native grasses that will help to filter stormwater that will be diverted into this system. Seeded grasses will be allowed to naturalize. Twice annual mowing of these areas will take place in late spring and late summer to limit the potential growth of cool season non-native annuals and woody shrubs. 6 THREE YEAR LAND MANAGEMENT TIMELINE Winter/Spring • Monitor plant response to earlier management treatments and calibrate follow-up treatments accordingly. • After most other deciduous plants have gone dormant, conduct a low-volume foliar application of herbicide to any persistent species (only if necessary, otherwise hand-pull small quantities). • Mow grass swales in late spring Summer • Treat any phragmites that is in the project area • As previously cut plants re-sprout and any remaining seed bank germinates, selectively treat using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved rates. • Mow grass swales in late summer Fall • Continue management treatments as previously cut plants re-sprout and seed bank germinates by either weeding or selectively treating using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved Winter/Spring • Pre-treat all multiflora rose, vine & shrub honeysuckle, bittersweet, porcelainberry, Asian gray willow, black locust, border privet, English ivy, mugwort, and previously managed trees approved for removal with an herbicide appropriate to the plant species. Treatment methods vary depending on species, size and environmental conditions, will consist of basal bark, cut and wipe, injection or selective foliar application. • Remove invasive trees. • Immediately seed any exposed or conditioned soils with specified seed mix and cover area with a biodegradable mulch product, or install biodegradable erosion control blankets where necessary on sloping areas. • Regeneratively prune native shrubs shaded out by invasive vines as needed. • Continue management treatments as previously cut plants re-sprout and seed bank germinates by either weeding or selectively treating using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved rates. General Note: Herbicides used are to be applied by knowledgeable, licensed individuals only. Summer • Treat any phragmites that is within the project area • As previously cut plants re-sprout and any remaining seed bank germinates, selectively treat using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved rates. • Mow grass swales in late summer Fall • Install temporary irrigation and plant according to the Restoration Plan. • Continue management treatments as previously cut plants re-sprout and seed bank germinates by either weeding or selectively treating using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved rates. 2023 2024 7 Winter/Spring • Monitor plant response to earlier management treatments and calibrate follow-up treatments accordingly. • After most other deciduous plants have gone dormant, conduct a low-volume foliar application of herbicide to any persistent species (only if necessary, otherwise hand-pull small quantities). • Mow grass swales in late spring Summer • Treat any phragmites that is within the project area • As previously cut plants re-sprout and any remaining seed bank germinates, selectively treat using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved rates. • Mow grass swales in late summer Fall • Continue management treatments as previously cut plants re-sprout and seed bank germinates by either weeding or selectively treating using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved rates. Ongoing Maintenance If land management treatments have been successful, only monitoring and hand removal will be required to keep non-native, invasive, and aggressive species from being reintroduced (this will vary depending on actual carbohydrate stores in the roots and environmental conditions throughout the treatment period). 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 time per year depending on the site conditions and client preference. We ask that this condition be incorporated into the Special Conditions of the Order. 2025 ONGOING 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 selective herbcide application and/or mechanical methods. Appropriately timed treatments are based on individual plant life cycles, growing seasons, and levels of infestation. Cutting of plants is scheduled when carbohydrates have been transferred from the roots to the above-ground portion of the plant, thus causing the most damage to the target plant by eliminating carbohydrate stores, which weakens the plant over time. A program of selective herbicide application will be instituted during time periods when the plants will translocate the herbicide most efficiently to destroy root 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. Asiatic Bittersweet (Celastrus orbiculatus) poses the greatest threat to the preservation of native plant communities. Asiatic bittersweet has been officially classified as an invasive plant in Massachusetts, because it has the ability to overwhelm open fields and forests alike, forming dense stands of the aggressive vine. A treatment schedule based on the phenology of the plant is outlined below. Cutting and herbicide application will be scheduled when carbohydrates have been transferred from the roots to the above-ground portion of the plant, thus causing the most damage to the plant and eliminating carbohydrate stores, which weaken the plant over time. By commencing management with a cut stem application of herbicide, re-sprouting in the subsequent growing season will be dramatically reduced. For plants with a stem diameter of 1/2 inch or more, a cut and wipe application of Triclopyr-based herbicide is recommended with a subsequent foliar application for suckering root growth and/or smaller diameter plants. Roots systems can be extensive requiring repeated treatment for full eradication. (MIPAG Listed Invasive). Border 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). Vine Honeysuckle (Lonicera japonica) is currently scattered throughout the ground layer and understory. Taking advantage of its persistent fall leaves, control should consist of a late fall application of Glyphosate-based herbicide to eradicate this weed from the plant community. Vine honeysuckle is opportunistic and will colonize managed areas if it is left untreated. (MIPAG Listed Invasive). Multiflora Rose (Rosa multiflora) is a highly adaptable perennial vine or shrub that has the ability to grow in full sun or full shade and thrive in a wide variety of site conditions including upland, wetland, and coastal habitats. Its aggressive growth habit forms impenetrable thickets allowing it to crowd out native vegetation. Add to this, multiflora rose is an extremely prolific seed producer that is widely dispersed by birds. It is most effectively controlled using a “cut-and-wipe” method of herbicide application with an ultra-low volume herbicide. A low volume foliar spray or a basal bark treatment is also very effective. (MIPAG Listed Invasive). 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). Mugwort (Artemesia vulgaris) is an aggressive perennial forb that spreads through a strong rhizomatous root system. It is capable of creating large stands that displace native plants. A low-volume foliar treatment with a Glyphosate-based herbicide is the best method of controlling this plant. (Not a State-Listed invasive). Porcelain Berry (Ampelopsis brevipedunculata) is an aggressive perennial vine native to Asia. It invades open and edge habitats, spreading rapidly and climbing on and over native plants, forming dense stands. Birds are attracted to the fruit and spread the seeds. Vines should be flush cut and a glyphosate- based herbicide applied to the cut stem. Regular hand pulling of juvenile plants is recommended. (MIPAG Listed Likely Invasive, Massachusetts Prohibited Plant List). Shrub Honeysuckle (Lonicera morrowii & bella) poses a major threat to native habitats. These species aggressively out- compete native shrubs in the edge habitat and woodland understory. Shrub honeysuckle can 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 chemicals that inhibit the growth of other plants. Honeysuckle should be mechanically uprooted if conditions allow, where this is not 9 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). Asian Gray Willow (Salix cinerea) is considered native to Europe and Western Asia and has the ability to outcompete native willows for the same wetland niche. Case studies on the Cape, have observed this species crowding out native species in pond and dune swale habitats. A cut and wipe application with a glyphosate-based herbicide is recommended immediately after cutting. (MIPAG Listed Invasive). Phragmites (Phragmites australis) Non-native phragmites reed aggressively out-competes native species with a dense monoculture of reeds that grow up to 20 ft in height. It reproduces through wind and seed dispersal, and through strong rhizomatous root systems. According to the Michigan Department of Environmental Quality (2014), up to 80% of Phragmites biomass is underground. Controlling this species can be difficult as the root disturbance caused by mechanical removal often results in remaining pieces of the rhizomes a competitive edge for re-rooting. Multiple season and case- dependant processes can be used for control. These processes could include cut and wipe, bundle cut and wipe, and the traditional method of pretreatment and mechanical removal. (MIPAG Listed Invasive). Black Locust (Robinia pseudoacacia) is a tree species capable of rapidly colonizing nutrient poor soils and has been documented to produce allelopathic effects on the soil which can inhibit the growth of other plant species in the surrounding area. A cut and wipe application of Glyphosate-based herbicide is recommended to eradicate this species. Black Locust can re-sprout vigorously after initial treatment and follow-up treatment on the resprouts should be conducted using the cut and wipe method of herbicide application. (MIPAG Listed Invasive, Massachusetts Prohibited Plant List). 56 Underpass Road, Brewster MA Non-native & invasive species observed : Black Locust Robinia pseudoacacia Vine Honeysuckle Lonicera japonica Asiatic Bittersweet Celastrus orbiculatus Multiflora Rose Rosa multiflora Japanese Holly Illex crenata Border Privet Ligustrum obtusifolium Shrub Honeysuckle Lonicera morowii & bella Mugwort Artemisia vulgaris English Ivy Helix hedera Asian Gray Willow Salix cinerea Lesser Periwinkle Vinca minor Porcelainberry Ampelopsis glandulosa Native species observed: Bayberry Morella pensylvanica Staghorn Sumac Rhus typhina Pitch Pine Pinus rigida Black/Scarlet Oak Quercus velutina/coccinea Scrub Oak Quercus ilicifolia American Linden Tilia americana Pennsylvania Sedge Carex pensylvanica Joe-Pye Weed Eutrochium dubium Highbush Blueberry Vaccinium corymbosum Highbush Blueberry Vaccinium corymbosum Fox Grape Vitis labrusca Red Maple Acer rubrum Eastern Red Cedar Juniperus virginiana Pussy Willow Salix discolor Goldenrod sp. Solidato sp. Spruce sp Picea sp Definitions Native plants: A native (indigenous) species is one that occurs in a particular region, ecosystem, and habitat without direct or indirect human actions. Native plants suited for our coastal areas bind sediments with their fibrous roots. Grasses and forbs create a groundcover that not only stabilize sediments, but improve the quality of wildlife habitat and slow water runoff. Many invasive plants lack fibrous root systems and often have allelopathic chemicals which inhibit the growth of surrounding vegetation, thus creating areas of bare earth which lead to faster rates of erosion, decreased wildlife habitat quality, and increased storm water runoff. The loss of native vegetation to invasive plant species degrades our wetlands and public interests (as stated below) and decreases the diversity of our biological community. Invasive Plants: As defined by the Massachusetts Invasive Plant Advisory Group, invasive plants are non-native species that have spread into native plant systems, causing economic or environmental harm by developing self-sustaining populations and dominating and/or disrupting those native systems. Invasive plant’s biology and physiology equip them with the means to out- compete native plants, disrupting native plant communities and compromising the integrity of that ecosystem. Invasive plant species can alter hydrological patterns, soil chemistry, moisture holding capacity, and can accelerate erosion. 10 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 over 20 feet in height with a diameter at breast height (dbh) greater than or equal to 0.4 inches to less than 5 inches. 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”. Regenerative Pruning: Regenerative pruning is coppice-style rotational pruning where each year, one-third of the most degraded stems are removed above the basal crown. This process will stimulate new growth while limiting the height of existing shrubs. References Darke, Rick and Doug Tallamy. The Living Landscape. Timber Press, Portland. 2014. Illinois Wildflowers.com. http://www. illlinoiswildflowers.info/ Lady Bird Johnson Wildflower Center Native Plant Information Network. http://www.wildflower.org/plants/ 90.96' N 85°02'32" E 278.10' S 0 1 ° 3 1 ' 0 0 " E 12 0 . 0 4 ' 115'±Edge of Vegetated Wetland Area= 1.87 Ac.± PARCEL 116 Gravel Parking Lot Sign Garden 47 47 47 47 47 46 4645 45 44 44 43 43 Isolated Vegetated (Perched ) W e t l a n d Bo r d e r i n g V e g e t a t e d W e t l a n d Borderi n g V e g e t a t e d W e t l a n d Gravel Parking Lot WALKWAY PROPOSED PORCH PR O P O S E D AD D I T I O N PR O P O S E D AD D I T I O N PROPOSED ENTRY LND'G GR A S S W A L K I N G AR E A RAMP RAMP LN D ' G LND'G WA L K W A Y WA L K W A Y LANDSCAPE AREA LANDSCAPE AREALANDSCAPE ISLAND LANDSCAPE ISLAND 4 5 44 4 5 43 42 42 43 41 41 OXYGEN STORAGE PROPOSED PORCH AREAPROP. UTILITY CLOSET LND'G RAMP RA M P 43 44 45 45 45 PROPOSED RESTORATION NOTE: PLEASE REFER TO THE RESTORATION PLAN AS PREPARED BY ONCE THE REAR AREA IS GRADED AND THE BIO-RETENTION SWALE AND VEGETATED CHANNEL WITH FOREBAY CONSTRUCTED, THE AREA SHALL BE STABILIZED AND THEN PLANTED AS OUTLINE ON THE W.E.D. REPORT. 55 46 44 45 4 6 46 4 3 #56 BREWSTER VETERINARY HOSPITAL 50' BUFFER TO BVW 50' BUFFER TO BVW L.O.W. L. O . W . L.O.W. UN D E R P A S S R O A D N 0 0 ° 0 4 ' 2 0 " W 20 9 . 9 2 ' N 78°20'13" E 90.96' N 85°02'32" E 278.10' S 0 1 ° 3 1 ' 0 0 " E 12 0 . 0 4 ' 115'±Edge of Vegetated Wetland Part of the Considine Ditch Drainage System Area= 1.87 Ac.± PARCEL 116 Gravel Parking Lot Gravel Parking Lot Ed g e o f P a v e m e n t Sign Garden 47 47 47 47 47 46 4645 45 44 44 43 43 Isolated Vegetated (Perched) Wetland Bo r d e r i n g V e g e t a t e d W e t l a n d Bordering V e g e t a t e d W e t l a n d Gravel Parking Lot OXYGEN STORAGE 3/4" - 1-1/2" Stone SOIL TEST LOGS: TEST HOLE 1: EL=45.5± #56 BREWSTER VETERINARY HOSPITAL 50' BUFFER TO BVW 50' BUFFER EX EDGE EX P A R K I N G I S L A N D OF VEG TO BVW UN D E R P A S S R O A D EX E D G E O F VE G & P A R K I N G L O T EX EDGE OF PARKING LOT 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. HAND-WEEDING AND SELECTIVE HERBICIDE TREATMENTS WILL BE REQUESTED AS AN ONGOING CONDITION TO STOP REINTRODUCTION OF INVASIVE AND AGGRESSIVE PLANT SPECIES INTO THE PROJECT AREA. 7. ALL EXPOSED SOILS WILL BE SEEDED WITH NATIVE CAPE COD MEADOW MIX UNLESS OTHERWISE SPECIFIED. 1 FOR PERMITTING PURPOSES ONLY THIS DRAWING IS NOT INTENDED FOR CONSTRUCTION REV DATE DESCRIPTION DRAWN BY:CHECKED BY: DATE:SCALE: SURVEY PROVIDED BY: ARCHITECT: 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. NOTES: k:\clients\underpass rd_56_bre\consult\plans\restoplan\resto plan_underpass rd_56_bre.dwg21-Oct-22 1 OF 1 CHTK VARIES11/03/2022 56 Underpass Road Brewster, MA RESTORATION PLAN J.M. O'REILLY & ASSOCIATES, INC. 1573 MAIN STREET BREWSTER, MA, 02631 508-896-6602 CATALYST ARCHITECTURE 203 WILLOW STREET, SUITE A YARMOUTHPORT, MA 02675 508-362-8382 BREWSTER VETERINARY HOSPITAL PLANT SPECIFICATIONS 80 NATIVE SHRUBS FOR MITIGATION & RESTORATION AREAS qty common name scientific name size 10 Carolina Rose Rosa carolina #1 - #3 8 Bayberry Morella pensylvanica #1 - #3 3 Witchhazel Hamamelis virginiana #1 - #3 11 Sweet-pepperbush Clethra alnifolia #1 - #3 12 Red Chokeberry Aronia arbutifolia #1 - #3 10 Inkberry Ilex glabra #1 - #3 9 Highbush Blueberry Vaccinium corymbosum #1 - #3 2 Serviceberry Amelanchier canadensis #1 - #3 10 Winterberry Ilex verticillata #1 - #3 5 Elderberry Sambucus canadensis #1 - #3 NATIVE SEED MIX FOR GRASS SWALES & UPLAND AREAS common name scientific name Broom Sedge Andropogon virginicus Creeping Red Fescue Festuca rubra Crinkle Hair Grass Deschampsia flexuosa Fox Sedge Carex vulpinoidea Little Bluestem Schizachyrium scoparium Purple Lovegrass Eragrostis spectabilis Upland Bentgrass Agrostis perennans 100' BUFFER TO BVW 50' BUFFER TO BVW MITIGATION AREA (1,150 SF APPROX): EXISTING PARKING AREA TO BECOME VEGETATED BUFFER OF NATIVE PLANTS Scale: 1"= 20' RESTORATION PLAN2 Scale: 1"= 40' EXISTING CONDITIONS1 N N 00 20'40' 00 40'80' EDGE OF ISOLATED WETLAND RESTORATION AREA (5,200 SF): INVASIVE PLANT MANAGEMENT & NATIVE PLANT RESTORATION AREAS TO BECOME PROPOSED STOMWATER MANAGEMENT SYSTEM. REFER TO PLAN BY J.M. O'REILLY PROPOSED LEACHING FACILITY FOR REAR PARKING AREA PROPOSED GRASS SWALES TO BE PLANTED WITH NATIVE SEED MIX IN PLANT SPECIFICATIONS PROPOSED GRASS SWALES TO BE PLANTED WITH NATIVE SEED MIX IN PLANT SPECIFICATIONS 3 WITCH HAZEL 1 SERVICEBERRY PROP DUMPSTER AND GENERATOR 5 ELDERBERRY 5 CAROLINA ROSE 5 CAROLINA ROSE 5 BAYBERRY 3 BAYBERRY 8 RED CHOKEBERRY 4 RED CHOKEBERRY 5 INKBERRY 5 INKBERRY 3 WINTERBERRY 4 WINTERBERRY 3 WINTERBERRY 6 SWEET PEPPERBUSH 5 HIGHBUSH BLUEBERRY 5 SWEET PEPPERBUSH 4 HIGHBUSH BLUEBERRY 1 SERVICEBERRY APPROX LOCATIONS OF INVASIVE BLACK LOCUST TREES TO BE REMOVED SEED MIX FOR WETLAND AREAS common name scientific name Cardinal Flower Lobelia cardinalis Blue Vervain Verbena hastata Blue Lobelia Lobelia siphilitica Boneset Eupatorium perfoliatum Fox Sedge Carex vulpinoidea Little Joe-Pye Weed Eupatorium dubium Swamp Milkweed Asclepias incarnata PROPOSED 10'x6'x4' LEACHING GALLEY FOR ROOF RUNOFF (TYP) PROPOSED 10'x6'x4' LEACHING GALLEY FOR ROOF RUNOFF (TYP) PROJECT AREAS TO BE SEEDED WITH UPLAND OR WETLAND SEED MIX DEPENDING ON SOILS 12/02/2022 CORRECTED PLAN LABELING LAND MANAGEMENT PLAN 56 Underpass Road | Brewster, MA November 3, 2022 2 EXISTING CONDITIONS The project area is located to the north, west, and south of the existing building in the 50’ buffers to both wetlands and spanning from the wetland edges to the upland edge along the proposed gravel parking area at the rear of the existing building. Refer to the diagram on page 3 for the project area location. Existing vegetation is a matrix of native facultative and upland plants intermixed with non-native and invasive plants, particularly along the parking lot edges. Canopy species include red maple, tupelo, American linden, pussy willow, ash, eastern red cedar, spruce, and black locust. These canopy species are distributed throughout the project area and many are covered with a dense layer of Asiatic bittersweet and wild grape. Native shrub species observed include sweet pepperbush, highbush blueberry, and arrowwood. Invasive privet and shrub honeysuckle were intermixed throughout the project area. Porcelainberry, multiflora rose, grape, and bittersweet are intertwined with much of the shrub layer, especially along the sunny parking lot edges. Herbaceous species are dotted along the upland edges and within the wetland proper and include species of goldenrod, Joe pye weed, mugwort, English ivy, and various species of fern. A stand of phragmites extends from the wetland south of the property into the BVW. The stand is denser to the south and sporadic closer to the wetland edge. Most of the phragmites appears to fall outside of the project area. VIEW LOOKING TOWARDS THE WESTERN PROJECT AREAview looking towards the wooded wetland Project Locus INTRODUCTION & PROJECT GOALS The project site is located at 56 Underpass Road, which is home to the Brewster Veterinary Hospital. A wooded, deciduous swamp and associated wetlands fall to the west and south of the property and an Isolated Vegetated Wetland lies to the north. The Considine Ditch drainage system also cuts across the southwestern corner of the property. The project proposes site improvements which include additions to the existing building, reconfiguration of the staff parking area west of the building, and the construction of subsurface stormwater leaching basin. The goal of this Land Management Plan (LMP) is to permit a vegetation management plan to remove invasive plants and enhance the existing native plant communities on the site as mitigation for the proposed construction. Work activities proposed in this Land Management Plan (LMP) include the removal of non-native plants and the supplemental planting of native plants where needed. Proposed activities in this LMP will occur in the buffers to the BVW and Isolated Wetland. Nantucket Sound 1 Cape Cod Bay 2 3 VIEW LOOKING TOWARDS THE WESTERN PROJECT AREA PROJECT AREA NEAR THE ISOLATED WETLAND TO THE NORTH VIEW OF PARKING AREA TO BECOME MITIGATION PLANTING #56 BrewsterVeterinaryHospital 100’ Buffer 50’ Buffer Project Area Edge of BVW Ed g e o f B V W C o n s i d i n e D i t c h A p p r o x L o c a t i o n o f Un d e r p a s s R o a d Isolated WetlandEdge of 2 4 4 PROJECT AREA DIAGRAM N 1 2 3 3 4 PROPOSED ACTIVITIES IN PROJECT AREAS Invasive plant management and native plant restoration are the two major components to restore a native plant community within the project area. Proposed project activities include the removal of invasive plants and planting of native plants within the vegetated buffer to the wooded swamp and isolated wetland and within the proposed drainage swales that form part of the stormwater management system proposed in the plans by J.M. O’Reilly. Activities will also include rejuvenation of existing native shrubs through restorative pruning where necessary. Invasive Plant Management 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 effect resources for wildlife. The native plant community within the project area has been heavily impacted by invasive plants, limiting species diversity and benefits to wildlife. Shrub honeysuckle, bittersweet, and porcelainberry in particular, have shaded out many of the existing native shrubs and herbaceous species. Several invasive black locust trees, growing at the vegetated edge adjacent to the existing parking, can also outcompete native tree species in the adjacent wetlands and uplands over time. A moderate stand of phragmites reed is growing within the wooded swamp along the southern property line, with some of the phragmites making incursions onto the subject property. When non-native phragmites displaces native vegetation, the amount of habitat available for breeding, shelter, and food for native insects and fauna is also reduced. It is proposed that all invasive, non-native, and aggressive plants including Asiatic bittersweet, intermittent phragmites, shrub honeysuckle, privet, black locust, Asian gray willow, and others be treated and removed from the project area. A complete list of invasive plants to be managed in the project area are listed in the Appendix on page 12. Treatments will consist of mechanical removal and selective herbicide application using the method most effective for the species being treated. All herbicide applications will be performed by Massachusetts licensed applicators. The Invasive Plant Management Protocols in the Appendix include species- specific information and management strategies. After treatment, root materials will be root grappled in preparation for replanting. Native soils will not be removed from the project area. Where aggressive vines, such as bittersweet and vine honeysuckle, 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. After invasive species removal is complete, areas of bare soil will be seeded with a soil stabilizing native grass mix and covered with a biodegradable mulch product or biodegradable erosion control blankets where necessary. Native Plant Community Restoration Overall, approximately 5,300 square feet of native plant restoration will take place within the vegetated buffer adjacent to the BVW and isolated wetland. Enhancing and restoring native plant communities to areas where invasive plants have been removed is as important to restoration success as is removing invasive plants. Establishing native plant communities discourages the re-colonization of invasive and unwanted plants by limiting the resources available to such plants (i.e., sunlight, nutrients, and growing space). The wetlands and surrounding vegetated buffer provide an important wildlife corridor through the succession of wetlands the run along the Considine Ditch, in the otherwise highly developed landscape along route 6A. Restoring a native plant community in the project area will result in greater biodiversity and improved habitat for wildlife that utilize this corridor. Restoration planting will focus on enhancing the vegetated buffer between the redeveloped parking area at the rear of the building, and the adjacent wetland resource areas The portion of the vegetated buffer directly adjacent to the wetlands is proposed to be restored with a mixture of woody shrubs tolerant of moist soils. Native Grass Drainage Swale 5 REGULATORY COMPLIANCE It is WED’s professional opinion that project activities described in this Land Management Plan 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. Proposed shrubs in this area include winterberry, elderberry, highbush blueberry,and sweet pepperbush. Planted shrubs will be concentrated along the wetland edge. TYPICAL SECTION SHOWING THE RESTORATION AREA FROM THE GRASS SWALES TO THE BVW EDGE BVW EdgePlanted Shrubs With Existing Trees in The Mitigation & Restoration Area More upland areas within the vegetated buffer will be restored with a variety of native woody and herbaceous species tolerant drier or wetter soils depending on location. Proposed species include serviceberry, bayberry, red chokeberry, inkberry, and Carolina rose, and native grasses including little bluestem, Pennsylvania sedge, crinkle hairgrass, and others. All planting will take place around preserved native species. Refer to the Restoration Plan for a complete listing of proposed plants. The proposed grass drainage swales, which are part of the stormwater management system, will be seeded with a native grass meadow mix that will provide a cover of deeply rooted native grasses that will help to filter stormwater that will be diverted into this system. Seeded grasses will be allowed to naturalize. Twice annual mowing of these areas will take place in late spring and late summer to limit the potential growth of cool season non-native annuals and woody shrubs. 6 THREE YEAR LAND MANAGEMENT TIMELINE Winter/Spring • Monitor plant response to earlier management treatments and calibrate follow-up treatments accordingly. • After most other deciduous plants have gone dormant, conduct a low-volume foliar application of herbicide to any persistent species (only if necessary, otherwise hand-pull small quantities). • Mow grass swales in late spring Summer • Treat any phragmites that is in the project area • As previously cut plants re-sprout and any remaining seed bank germinates, selectively treat using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved rates. • Mow grass swales in late summer Fall • Continue management treatments as previously cut plants re-sprout and seed bank germinates by either weeding or selectively treating using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved Winter/Spring • Pre-treat all multiflora rose, vine & shrub honeysuckle, bittersweet, porcelainberry, Asian gray willow, black locust, border privet, English ivy, mugwort, and previously managed trees approved for removal with an herbicide appropriate to the plant species. Treatment methods vary depending on species, size and environmental conditions, will consist of basal bark, cut and wipe, injection or selective foliar application. • Remove invasive trees. • Immediately seed any exposed or conditioned soils with specified seed mix and cover area with a biodegradable mulch product, or install biodegradable erosion control blankets where necessary on sloping areas. • Regeneratively prune native shrubs shaded out by invasive vines as needed. • Continue management treatments as previously cut plants re-sprout and seed bank germinates by either weeding or selectively treating using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved rates. General Note: Herbicides used are to be applied by knowledgeable, licensed individuals only. Summer • Treat any phragmites that is within the project area • As previously cut plants re-sprout and any remaining seed bank germinates, selectively treat using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved rates. • Mow grass swales in late summer Fall • Install temporary irrigation and plant according to the Restoration Plan. • Continue management treatments as previously cut plants re-sprout and seed bank germinates by either weeding or selectively treating using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved rates. 2023 2024 7 Winter/Spring • Monitor plant response to earlier management treatments and calibrate follow-up treatments accordingly. • After most other deciduous plants have gone dormant, conduct a low-volume foliar application of herbicide to any persistent species (only if necessary, otherwise hand-pull small quantities). • Mow grass swales in late spring Summer • Treat any phragmites that is within the project area • As previously cut plants re-sprout and any remaining seed bank germinates, selectively treat using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved rates. • Mow grass swales in late summer Fall • Continue management treatments as previously cut plants re-sprout and seed bank germinates by either weeding or selectively treating using a low-volume foliar spot application or a cut & wipe application of an approved herbicide to all previously listed species at the approved rates. Ongoing Maintenance If land management treatments have been successful, only monitoring and hand removal will be required to keep non-native, invasive, and aggressive species from being reintroduced (this will vary depending on actual carbohydrate stores in the roots and environmental conditions throughout the treatment period). 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 time per year depending on the site conditions and client preference. We ask that this condition be incorporated into the Special Conditions of the Order. 2025 ONGOING 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 selective herbcide application and/or mechanical methods. Appropriately timed treatments are based on individual plant life cycles, growing seasons, and levels of infestation. Cutting of plants is scheduled when carbohydrates have been transferred from the roots to the above-ground portion of the plant, thus causing the most damage to the target plant by eliminating carbohydrate stores, which weakens the plant over time. A program of selective herbicide application will be instituted during time periods when the plants will translocate the herbicide most efficiently to destroy root 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. Asiatic Bittersweet (Celastrus orbiculatus) poses the greatest threat to the preservation of native plant communities. Asiatic bittersweet has been officially classified as an invasive plant in Massachusetts, because it has the ability to overwhelm open fields and forests alike, forming dense stands of the aggressive vine. A treatment schedule based on the phenology of the plant is outlined below. Cutting and herbicide application will be scheduled when carbohydrates have been transferred from the roots to the above-ground portion of the plant, thus causing the most damage to the plant and eliminating carbohydrate stores, which weaken the plant over time. By commencing management with a cut stem application of herbicide, re-sprouting in the subsequent growing season will be dramatically reduced. For plants with a stem diameter of 1/2 inch or more, a cut and wipe application of Triclopyr-based herbicide is recommended with a subsequent foliar application for suckering root growth and/or smaller diameter plants. Roots systems can be extensive requiring repeated treatment for full eradication. (MIPAG Listed Invasive). Border 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). Vine Honeysuckle (Lonicera japonica) is currently scattered throughout the ground layer and understory. Taking advantage of its persistent fall leaves, control should consist of a late fall application of Glyphosate-based herbicide to eradicate this weed from the plant community. Vine honeysuckle is opportunistic and will colonize managed areas if it is left untreated. (MIPAG Listed Invasive). Multiflora Rose (Rosa multiflora) is a highly adaptable perennial vine or shrub that has the ability to grow in full sun or full shade and thrive in a wide variety of site conditions including upland, wetland, and coastal habitats. Its aggressive growth habit forms impenetrable thickets allowing it to crowd out native vegetation. Add to this, multiflora rose is an extremely prolific seed producer that is widely dispersed by birds. It is most effectively controlled using a “cut-and-wipe” method of herbicide application with an ultra-low volume herbicide. A low volume foliar spray or a basal bark treatment is also very effective. (MIPAG Listed Invasive). 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). Mugwort (Artemesia vulgaris) is an aggressive perennial forb that spreads through a strong rhizomatous root system. It is capable of creating large stands that displace native plants. A low-volume foliar treatment with a Glyphosate-based herbicide is the best method of controlling this plant. (Not a State-Listed invasive). Porcelain Berry (Ampelopsis brevipedunculata) is an aggressive perennial vine native to Asia. It invades open and edge habitats, spreading rapidly and climbing on and over native plants, forming dense stands. Birds are attracted to the fruit and spread the seeds. Vines should be flush cut and a glyphosate- based herbicide applied to the cut stem. Regular hand pulling of juvenile plants is recommended. (MIPAG Listed Likely Invasive, Massachusetts Prohibited Plant List). Shrub Honeysuckle (Lonicera morrowii & bella) poses a major threat to native habitats. These species aggressively out- compete native shrubs in the edge habitat and woodland understory. Shrub honeysuckle can 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 chemicals that inhibit the growth of other plants. Honeysuckle should be mechanically uprooted if conditions allow, where this is not 9 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). Asian Gray Willow (Salix cinerea) is considered native to Europe and Western Asia and has the ability to outcompete native willows for the same wetland niche. Case studies on the Cape, have observed this species crowding out native species in pond and dune swale habitats. A cut and wipe application with a glyphosate-based herbicide is recommended immediately after cutting. (MIPAG Listed Invasive). Phragmites (Phragmites australis) Non-native phragmites reed aggressively out-competes native species with a dense monoculture of reeds that grow up to 20 ft in height. It reproduces through wind and seed dispersal, and through strong rhizomatous root systems. According to the Michigan Department of Environmental Quality (2014), up to 80% of Phragmites biomass is underground. Controlling this species can be difficult as the root disturbance caused by mechanical removal often results in remaining pieces of the rhizomes a competitive edge for re-rooting. Multiple season and case- dependant processes can be used for control. These processes could include cut and wipe, bundle cut and wipe, and the traditional method of pretreatment and mechanical removal. (MIPAG Listed Invasive). Black Locust (Robinia pseudoacacia) is a tree species capable of rapidly colonizing nutrient poor soils and has been documented to produce allelopathic effects on the soil which can inhibit the growth of other plant species in the surrounding area. A cut and wipe application of Glyphosate-based herbicide is recommended to eradicate this species. Black Locust can re-sprout vigorously after initial treatment and follow-up treatment on the resprouts should be conducted using the cut and wipe method of herbicide application. (MIPAG Listed Invasive, Massachusetts Prohibited Plant List). 56 Underpass Road, Brewster MA Non-native & invasive species observed : Black Locust Robinia pseudoacacia Vine Honeysuckle Lonicera japonica Asiatic Bittersweet Celastrus orbiculatus Multiflora Rose Rosa multiflora Japanese Holly Illex crenata Border Privet Ligustrum obtusifolium Shrub Honeysuckle Lonicera morowii & bella Mugwort Artemisia vulgaris English Ivy Helix hedera Asian Gray Willow Salix cinerea Lesser Periwinkle Vinca minor Porcelainberry Ampelopsis glandulosa Native species observed: Bayberry Morella pensylvanica Staghorn Sumac Rhus typhina Pitch Pine Pinus rigida Black/Scarlet Oak Quercus velutina/coccinea Scrub Oak Quercus ilicifolia American Linden Tilia americana Pennsylvania Sedge Carex pensylvanica Joe-Pye Weed Eutrochium dubium Highbush Blueberry Vaccinium corymbosum Highbush Blueberry Vaccinium corymbosum Fox Grape Vitis labrusca Red Maple Acer rubrum Eastern Red Cedar Juniperus virginiana Pussy Willow Salix discolor Goldenrod sp. Solidato sp. Spruce sp Picea sp Definitions Native plants: A native (indigenous) species is one that occurs in a particular region, ecosystem, and habitat without direct or indirect human actions. Native plants suited for our coastal areas bind sediments with their fibrous roots. Grasses and forbs create a groundcover that not only stabilize sediments, but improve the quality of wildlife habitat and slow water runoff. Many invasive plants lack fibrous root systems and often have allelopathic chemicals which inhibit the growth of surrounding vegetation, thus creating areas of bare earth which lead to faster rates of erosion, decreased wildlife habitat quality, and increased storm water runoff. The loss of native vegetation to invasive plant species degrades our wetlands and public interests (as stated below) and decreases the diversity of our biological community. Invasive Plants: As defined by the Massachusetts Invasive Plant Advisory Group, invasive plants are non-native species that have spread into native plant systems, causing economic or environmental harm by developing self-sustaining populations and dominating and/or disrupting those native systems. Invasive plant’s biology and physiology equip them with the means to out- compete native plants, disrupting native plant communities and compromising the integrity of that ecosystem. Invasive plant species can alter hydrological patterns, soil chemistry, moisture holding capacity, and can accelerate erosion. 10 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 over 20 feet in height with a diameter at breast height (dbh) greater than or equal to 0.4 inches to less than 5 inches. 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”. Regenerative Pruning: Regenerative pruning is coppice-style rotational pruning where each year, one-third of the most degraded stems are removed above the basal crown. This process will stimulate new growth while limiting the height of existing shrubs. References Darke, Rick and Doug Tallamy. The Living Landscape. Timber Press, Portland. 2014. Illinois Wildflowers.com. http://www. illlinoiswildflowers.info/ Lady Bird Johnson Wildflower Center Native Plant Information Network. http://www.wildflower.org/plants/ 90.96' N 85°02'32" E 278.10' S 0 1 ° 3 1 ' 0 0 " E 12 0 . 0 4 ' 115'±Edge of Vegetated Wetland Area= 1.87 Ac.± PARCEL 116 Gravel Parking Lot Sign Garden 47 47 47 47 47 46 4645 45 44 44 43 43 Isolated Vegetated (Perched ) W e t l a n d Bo r d e r i n g V e g e t a t e d W e t l a n d Borderi n g V e g e t a t e d W e t l a n d Gravel Parking Lot WALKWAY PROPOSED PORCH PR O P O S E D AD D I T I O N PR O P O S E D AD D I T I O N PROPOSED ENTRY LND'G GR A S S W A L K I N G AR E A RAMP RAMP LN D ' G LND'G WA L K W A Y WA L K W A Y LANDSCAPE AREA LANDSCAPE AREALANDSCAPE ISLAND LANDSCAPE ISLAND 4 5 44 4 5 43 42 42 43 41 41 OXYGEN STORAGE PROPOSED PORCH AREAPROP. UTILITY CLOSET LND'G RAMP RA M P 43 44 45 45 45 PROPOSED RESTORATION NOTE: PLEASE REFER TO THE RESTORATION PLAN AS PREPARED BY ONCE THE REAR AREA IS GRADED AND THE BIO-RETENTION SWALE AND VEGETATED CHANNEL WITH FOREBAY CONSTRUCTED, THE AREA SHALL BE STABILIZED AND THEN PLANTED AS OUTLINE ON THE W.E.D. REPORT. 55 46 44 45 4 6 46 4 3 #56 BREWSTER VETERINARY HOSPITAL 50' BUFFER TO BVW 50' BUFFER TO BVW PROP SPLIT RAIL FENCE PR O P S P L I T R A I L F E N C E PROP SPLIT RAIL FENCE UN D E R P A S S R O A D N 0 0 ° 0 4 ' 2 0 " W 20 9 . 9 2 ' N 78°20'13" E 90.96' N 85°02'32" E 278.10' S 0 1 ° 3 1 ' 0 0 " E 12 0 . 0 4 ' 115'±Edge of Vegetated Wetland Part of the Considine Ditch Drainage System Area= 1.87 Ac.± PARCEL 116 Gravel Parking Lot Gravel Parking Lot Ed g e o f P a v e m e n t Sign Garden 47 47 47 47 47 46 4645 45 44 44 43 43 Isolated Vegetated (Perched) Wetland Bo r d e r i n g V e g e t a t e d W e t l a n d Bordering V e g e t a t e d W e t l a n d Gravel Parking Lot OXYGEN STORAGE 3/4" - 1-1/2" Stone SOIL TEST LOGS: TEST HOLE 1: EL=45.5± #56 BREWSTER VETERINARY HOSPITAL 50' BUFFER TO BVW 50' BUFFER EX EDGE EX P A R K I N G I S L A N D OF VEG TO BVW UN D E R P A S S R O A D EX E D G E O F VE G & P A R K I N G L O T EX EDGE OF PARKING LOT 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. HAND-WEEDING AND SELECTIVE HERBICIDE TREATMENTS WILL BE REQUESTED AS AN ONGOING CONDITION TO STOP REINTRODUCTION OF INVASIVE AND AGGRESSIVE PLANT SPECIES INTO THE PROJECT AREA. 7. ALL EXPOSED SOILS WILL BE SEEDED WITH NATIVE CAPE COD MEADOW MIX UNLESS OTHERWISE SPECIFIED. FOR PERMITTING PURPOSES ONLY THIS DRAWING IS NOT INTENDED FOR CONSTRUCTION REV DATE DESCRIPTION DRAWN BY:CHECKED BY: DATE:SCALE: SURVEY PROVIDED BY: ARCHITECT: 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. NOTES: k:\clients\underpass rd_56_bre\consult\plans\restoplan\resto plan_underpass rd_56_bre.dwg21-Oct-22 1 OF 1 CHTK VARIES11/03/2022 56 Underpass Road Brewster, MA RESTORATION PLAN J.M. O'REILLY & ASSOCIATES, INC. 1573 MAIN STREET BREWSTER, MA, 02631 508-896-6602 CATALYST ARCHITECTURE 203 WILLOW STREET, SUITE A YARMOUTHPORT, MA 02675 508-362-8382 BREWSTER VETERINARY HOSPITAL PLANT SPECIFICATIONS 80 NATIVE SHRUBS FOR MITIGATION & RESTORATION AREAS qty common name scientific name size 10 Carolina Rose Rosa carolina #1 - #3 8 Bayberry Morella pensylvanica #1 - #3 3 Witchhazel Hamamelis virginiana #1 - #3 11 Sweet-pepperbush Clethra alnifolia #1 - #3 12 Red Chokeberry Aronia arbutifolia #1 - #3 10 Inkberry Ilex glabra #1 - #3 9 Highbush Blueberry Vaccinium corymbosum #1 - #3 2 Serviceberry Amelanchier canadensis #1 - #3 10 Winterberry Ilex verticillata #1 - #3 5 Elderberry Sambucus canadensis #1 - #3 NATIVE SEED MIX FOR GRASS SWALES & UPLAND AREAS common name scientific name Broom Sedge Andropogon virginicus Creeping Red Fescue Festuca rubra Crinkle Hair Grass Deschampsia flexuosa Fox Sedge Carex vulpinoidea Little Bluestem Schizachyrium scoparium Purple Lovegrass Eragrostis spectabilis Upland Bentgrass Agrostis perennans 100' BUFFER TO BVW 50' BUFFER TO BVW MITIGATION AREA (1,150 SF APPROX): EXISTING PARKING AREA TO BECOME VEGETATED BUFFER OF NATIVE PLANTS Scale: 1"= 20' RESTORATION PLAN2 Scale: 1"= 40' EXISTING CONDITIONS1 N N 00 20'40' 00 40'80' EDGE OF ISOLATED WETLAND RESTORATION AREA (5,200 SF): INVASIVE PLANT MANAGEMENT & NATIVE PLANT RESTORATION AREAS TO BECOME PROPOSED STOMWATER MANAGEMENT SYSTEM. REFER TO PLAN BY J.M. O'REILLY PROPOSED LEACHING FACILITY FOR REAR PARKING AREA PROPOSED GRASS SWALES TO BE PLANTED WITH NATIVE SEED MIX IN PLANT SPECIFICATIONS PROPOSED GRASS SWALES TO BE PLANTED WITH NATIVE SEED MIX IN PLANT SPECIFICATIONS 3 WITCH HAZEL 1 SERVICEBERRY PROP DUMPSTER AND GENERATOR 5 ELDERBERRY 5 CAROLINA ROSE 5 CAROLINA ROSE 5 BAYBERRY 3 BAYBERRY 8 RED CHOKEBERRY 4 RED CHOKEBERRY 5 INKBERRY 5 INKBERRY 3 WINTERBERRY 4 WINTERBERRY 3 WINTERBERRY 6 SWEET PEPPERBUSH 5 HIGHBUSH BLUEBERRY 5 SWEET PEPPERBUSH 4 HIGHBUSH BLUEBERRY 1 SERVICEBERRY APPROX LOCATIONS OF INVASIVE BLACK LOCUST TREES TO BE REMOVED SEED MIX FOR WETLAND AREAS common name scientific name Cardinal Flower Lobelia cardinalis Blue Vervain Verbena hastata Blue Lobelia Lobelia siphilitica Boneset Eupatorium perfoliatum Fox Sedge Carex vulpinoidea Little Joe-Pye Weed Eupatorium dubium Swamp Milkweed Asclepias incarnata PROPOSED 10'x6'x4' LEACHING GALLEY FOR ROOF RUNOFF (TYP) PROPOSED 10'x6'x4' LEACHING GALLEY FOR ROOF RUNOFF (TYP) PROJECT AREAS TO BE SEEDED WITH UPLAND OR WETLAND SEED MIX DEPENDING ON SOILS December 28, 2022 Brewster Conservation Commission 1657 Main Street Brewster MA 02631 19 Muskrat Lane LLC 1155 Park Ave, #5SW New York NY 10128 RE: Applicant: Gail Harris Project Location: 19 Muskrat Lane Project Description: Dune Restoration Plantings (Related Project: Shed, Roll-Out Walkway & Kayak Rack) DEP Wetlands File No.: 009-1941 (Related Project: 009-1895) NHESP File No.: 21-40503 Dear Commissioners & Applicant: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) received a Notice of Intent with site plans titled “RESTORATION PLAN” 1 sheet dated 11/22/22, prepared by Crawford Land Management and “LIMITED EXISTING CONDITIONS PLAN COMPARISON TO PERMITTED VEGETATION” 1 sheet dated 11/21/2022, prepared by Coastal Engineering, Co. in compliance with the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.37). The Division also received the MESA Review Checklist and supporting documentation for review pursuant to the MA Endangered Species Act Regulations (321 CMR 10.18). Portions of the proposed project will occur within the actual habitat of the Piping Plover (Charadrius melodus) and Least Tern (Sternula antillarum), species state-listed as Threatened and Special Concern, respectively. These species and their habitats are protected in accordance with the MESA and rare wetland wildlife habitat is protected pursuant to the rare species provisions of the WPA. The Piping Plover is federally protected as “Threatened” pursuant to the U.S. Endangered Species Act (ESA, 50 CFR 17.11). Fact sheets for state-listed species can be found at www.mass.gov/nhesp. In Massachusetts, generally, these coastal birds can be found from April – September. Piping Plovers and Least Terns are ground-nesting shorebirds that will establish nests on sparsely vegetated, sandy areas of coastal beaches and dunes. Their nests are comprised of shallow depressions in the sand that may be lined with shell fragments or pebbles. Piping Plovers, terns and their nests are particularly vulnerable to predators, unleashed pets, and human disturbance. After hatching, Piping Plover and Least Tern chicks are not capable of flight - 25-30 days for plovers and 21-25 days for terns. During this period unfledged plover chicks will often range widely to either forage. NHESP No. 21-40503, Page 2 The purpose of the Division’s review of the proposed project under the WPA regulations is to determine whether the project will have any adverse effects on the Resource Areas Habitats of state-listed species. The purpose of the Division’s review under the MESA regulations is to determine whether a Take of state-listed species will result from the proposed project. WETLANDS PROTECTION ACT (WPA) & MASSACHUSETTS ENDANGERED SPECIES ACT (MESA) Based on the information provided and the information contained in our database, it is the opinion of the Division that this project, as currently proposed, must be conditioned in order to avoid adverse effects to the Resource Area Habitats of state-listed wildlife species (310 CMR 10.37, 10.58(4)(b), 10.59) and must be conditioned in order to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). To avoid adverse effects to the Resource Area Habitats of state-listed species and to avoid a prohibited Take the following conditions must be implemented: 1. Time of Year Restriction: Construction, installation or maintenance of the proposed roll-out walkway and all restoration seaward of the dune scarp shall not occur during the shorebird breeding period April 1 – August 31. 2. State-listed Species Protection. The property owner has the responsibility of protecting breeding Piping Plovers and state-listed species of terns that may be on this section of beach. Therefore, the property owner must allow regular monitoring for the presence of Piping Plovers and terns by a qualified shorebird monitor, as determined by the Division, during the period April 1 – August 31 and shall allow any nests, scrapes, or unfledged chicks to be protected with symbolic fencing (warning signs and twine fencing). 3. Authorization Duration. This authorization is valid for 5 years from the date of issuance. Work may be completed at any time during this 5-year period in compliance with the conditions herein. Thereafter, the applicant shall re-file under the MESA. 4. Notice. Upon filing for renewal, extension, or amendment of the Orders of Conditions, the applicant shall contact the Division for written response regarding impacts to Resource Area habitat of state-listed wildlife. Provided these conditions are included in any approving Orders of Conditions issued by the Conservation Commission, and the applicant complies with all the above noted conditions, the project will not result in an adverse impact to the resource area habitats of state-listed wildlife species pursuant to the WPA and will not result in a prohibited Take pursuant to the MESA. A copy of the final Order of Conditions shall be sent to the NHESP simultaneously with the applicant as stated in the Procedures section of the WPA (310 CMR 10.05(6)(e)). This determination is a final decision of the Division of Fisheries and Wildlife pursuant to 321 CMR 10.18. Any changes to the proposed project or any additional work beyond that shown on the site plans may require an additional filing with the Division pursuant to the MESA. This project may be subject to further review if no physical work is commenced within five years from the date of issuance of this determination, or if there is a change to the project. NHESP No. 21-40503, Page 3 Please note that this determination addresses only the matter of state-listed species and their habitats. If you have any questions regarding this determination please contact Amy Hoenig, Endangered Species Review Biologist, at Amy.Hoenig@mass.gov or (508) 389-6364. Sincerely, Everose Schlüter, Ph.D. Assistant Director cc: Donald K. Munroe, Coastal Engineering Co., Inc. MA DEP Southeast Region 1 William Grafton From:William Grafton Sent:Tuesday, December 13, 2022 10:58 AM To:dmunroe@coastalengineeringcompany.com Cc:Carla Davis Subject:19 Muskrat/NOI (NHESP Response Letter Inquiry) Donald, great chatting with you today about the subject site. As discussed, we have not received the NHESP response to the “Notice of Intent Application Filing Package”. Typically, Conservation Commissioners require complete submittals for conservation permits in advance of the Public Hearing date, December 13, 2022 in this case. Based on the absence of the NHESP response letter and inadequate time for the Brewster Conservation Commissioners to review it as part of their preparation for tonight’s Public Hearing, I would suggest that the Public Hearing scheduled for tonight should be continued to a date certain. Currently, the Commission has a confirmed Public Meeting date on December 27, 2022. Tonight, the Commission will be reviewing, revising and ratifying the 2023 Brewster Conservation Commission Meeting Schedule and the likely dates in January are January 3rd and 24th. Please send me a response indicating which date you prefer for the continuation. Thanks in advance for your attention to this. Respectfully, Bill Grafton Brewster Conservation Administrator 1657 Main Street Brewster, MA 02631 Phone (508) 896-4546 ext. 4242 Brewster Town Offices are open to the public Monday through Thursday from 8:30 to 4:00pm, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov December 13, 2022 C18861.01 Brewster Conservation Commission Via Email Attn: William Grafton, Agent Brewster Town Hall 1657 Main St Brewster, MA 02631 Re: Request for Continuance of Hearing Proposed Dune Restoration 19 Muskrat Lane LLC 19 Muskrat Lane, Brewster Map 103 Parcel 9 Dear Mr. Grafton and Commission Members: On behalf of our client, 19 Muskrat Lane LLC, we would like to request a continuance of a hearing that is scheduled for December 13, 2022. The reason for the continuance is to allow additional time to receive the NHESP comment letter for Commission review and consideration, prior to the hearing. Therefore, we respectfully request that you reschedule the above referenced project for your January 24, 2022 public hearing. If you have any questions, please call our office. Sincerely, COASTAL ENGINEERING CO., INC. Carla Davis Enclosures: As Stated cc: 19 Muskrat Lane, LLC Rubin and Rudman, LLP Benjamin E. Zehnder, LLC Crawford Land Management Donald K. Munroe, Project Manager 1 Andreana Sideris From:Carla Davis <cdavis@coastalengineeringcompany.com> Sent:Wednesday, November 23, 2022 11:07 AM To:Andreana Sideris Cc:Don Munroe Subject:Re: BREWSTER - NOI - 19 MUSKRAT LANE - 19 MUSKRAT LLC Attachments:Revised NOI App - Pg 8.pdf Good morning Andi, I just realized (after everything has been printed and submitted) that the engineer changed the plan title at the last minute and didn't inform me. All of the documents have the original title " After the Fact Plan Showing Vegetation Limit" where as the actual plan title was changed to: "LIMITED EXISTING CONDITIONS PLAN COMPARISON TO PERMITTED VEGETATION" I have updated page 8 of the application, and attached it here. Unfortunately, I was too late and couldn't include it in the hard copy packages. Please let me know if you need anything else to correct this change. Thank you! Carla Davis Environmental Permitting Specialist Coastal Engineering Company, Inc. 260 Cranberry Highway, Orleans, MA 02653 Orleans - Sandwich - Nantucket Phone 508-255-6511 www.CoastalEngineeringCompany.com INADVERTENT DISCLOSURE – The information contained in this e-mail is confidential and privileged, intended for the sole use of the addressee. Unauthorized use, distribution, copying or disclosure of this information is prohibited. If you are not the addressee and have inadvertently received this communication, please contact the sender at (508) 255-6511. On Wed, Nov 23, 2022 at 10:15 AM Carla Davis <cdavis@coastalengineeringcompany.com> wrote: Good morning, Please see the attached NOI filing for 19 Muskrat Lane, submitted on behalf of Muskrat Lane LLC. I have also attached a copy of the certified mail receipts showing that all abutters to the project, as well as NHESP and Mass Historic have been notified accordingly. Hard copies will be delivered to your office shortly. If you would, please schedule this for the December 13, 2022 public hearing. Thank you and Happy Thanksgiving! ޣޤޥަާިީުޫ Carla Davis Environmental Permitting Specialist Coastal Engineering Company, Inc. 260 Cranberry Highway, Orleans, MA 02653 Orleans - Sandwich - Nantucket Phone 508-255-6511 www.CoastalEngineeringCompany.com 2 INADVERTENT DISCLOSURE – The information contained in this e-mail is confidential and privileged, intended for the sole use of the addressee. Unauthorized use, distribution, copying or disclosure of this information is prohibited. If you are not the addressee and have inadvertently received this communication, please contact the sender at (508) 255-6511. 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. Limited Existing Conditions Plan Comparision to Permitted Vegetation a. Plan Title Coastal Engineering Company, Inc. b. Prepared By John D. McElwee, PLS c. Signed and Stamped by 11/21/2022 d. Final Revision Date 1" = 10' e. Scale Crawford Land Management Restoration Plan f. Additional Plan or Document Title 11/14/2022 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: 42535 2. Municipal Check Number 11/22/2023 3. Check date 774 4. State Check Number 11/22/2023 5. Check date 6. Payor name on check: First Name Coastal Engineering Company, Inc. 7. Payor name on check: Last Name Carla Davis <cdavis@coastalengineeringcompany.com> BREWSTER - NOI - 19 MUSKRAT LANE - 19 MUSKRAT LLC 1 message Carla Davis <cdavis@coastalengineeringcompany.com>Wed, Nov 23, 2022 at 10:15 AM To: Andreana Sideris <asideris@brewster-ma.gov>, SERO_NOI@mass.gov, natural.heritage@mass.gov Cc: "Glenn A. Wood" <gwood@rubinrudman.com>, Benjamin Zehnder <bzehnder@zehnderllc.com>, Jennifer Crawford <jen@crawfordlm.com>, Nick Crawford <nick@crawfordlm.com>, Lauren Taylor <Lauren@crawfordlm.com>, Don Munroe <dmunroe@coastalengineeringcompany.com>, Nathan Jones <njones@coastalengineeringcompany.com>, Jenifer Leighton-Gracia <jleighton@coastalengineeringcompany.com> Good morning, Please see the attached NOI filing for 19 Muskrat Lane, submitted on behalf of Muskrat Lane LLC. I have also attached a copy of the certified mail receipts showing that all abutters to the project, as well as NHESP and Mass Historic have been notified accordingly. Hard copies will be delivered to your office shortly. If you would, please schedule this for the December 13, 2022 public hearing. Thank you and Happy Thanksgiving! ���������� Carla Davis Environmental Permitting Specialist Coastal Engineering Company, Inc. 260 Cranberry Highway, Orleans, MA 02653 Orleans - Sandwich - Nantucket Phone 508-255-6511 www.CoastalEngineeringCompany.com INADVERTENT DISCLOSURE – The information contained in this e-mail is confidential and privileged, intended for the sole use of the addressee. Unauthorized use, distribution, copying or disclosure of this information is prohibited. If you are not the addressee and have inadvertently received this communication, please contact the sender at (508) 255-6511. 2 attachments 19 Muskrat Lane - Certified Mail Receipts 11-23-2022.pdf 1211K 19 Muskrat Lane FINAL NOI Filing 11-23-2022.pdf 14353K November 23, 2022 C18861.01 Brewster Conservation Commission Via Hand Delivery Attn: Andreana Sideris Brewster Town Hall 1657 Main St Brewster, MA 02631 Re: Notice of Intent Application Filing Package Proposed Dune Restoration 19 Muskrat Lane LLC 19 Muskrat Lane, Brewster Map 103 Parcel 9 Dear Ms. Sideris and Commission Members: On behalf of our client, 19 Muskrat Lane LLC, we are submitting an original plus 2 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 Conservation Notice of Intent Checklist • Town of Brewster Site Access Authorization Form • Notice of Intent Application • Crawford Land Management Restoration Plan Narrative • Performance Standards Narrative, Variance Request Letter, Variance Justification Letter and Alternatives Analysis • Brewster Wetlands Fee Transmittal Form • MassDEP NOI Wetland Fee Transmittal Form • Copy of $42.50 check made payable to Commonwealth of MA - DEP for state share of DEP fee, (original sent to lockbox) • Copy of $67.50 check made payable to Town of Brewster for town share of DEP fee • Copy of $635.00 check made payable to Town of Brewster for local bylaw fees, advertising fee and processing fee • Copy of $300.00 check made payable to Commonwealth of MA – NHESP (original sent directly to NHESP) • Affidavit of Service and Abutter Notification Letter • Certified Abutter List and Assessor Map 103, identifying locus • Mass. Historic Appendix A – Project Notification Form • NHESP Submittal Letter, Site Photos and Map • Brewster USGS Map, identifying locus • Crawford Land Management Restoration Plan, dated 11/22/2022 • Coastal Engineering Co., Inc. After the Fact Plan Showing Vegetation Limits, dated 11/21/2022 Please schedule this for the December 13, 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. Carla Davis Enclosures: As Stated cc: Mass. DEP/SERO – Wetlands Mass. NHESP Mass. Historic 19 Muskrat Lane LLC Benjamin E. Zehnder, LLC Donald K. Munroe, Project Manager TOWN OF BREWSTER NATURAL RESOURCES DEPARTMENT 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV Notice of Intent Filing Checklist OFFICE OF CONSERVATION COMMISSION Before you submit your Notice of Intent to the Conservation Commission and other applicable agencies, please complete and sign this checklist, 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) complete electronic copy and three (3) complete paper copies of the Notice of Intent and attached plan(s) 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(s) with a paper clip. Collectively, each item of the application and the plan(s) represent one complete copy. In addition, the Conservation Commission members require a copy of the plan(s) and a copy of the narrative/variance request rather than full copies of the Notice of Intent. Please include ten (10) copies of the plan(s) with a copy of the narrative/variance request stapled to each. Unless a digital application was submitted to the Massachusetts Department of Environmental Protection, one complete paper copy of the NOi should be sent by US Certified, Return Receipt Mail, to the DEP Southeast Regional Office, 20 Riverside Drive, Lakeville, MA, 02347. Submit the Certified Receipt Postal Service Form 3800 to the Conservation Commission. Submit only ONE copy of this checklist. Components of the Application D 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. D 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. x x D 3. Complete and include all applicable sections of the Notice of Intent (WPA Form 3). D 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. D 5.Include a photocopy of an 8" by 1 0" section of the appropriate United States Geological Survey (USGS) Quadrangle Map clearly showing the location of the project. D 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. D 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. D 8. Include a clear, comprehensive narrative, describing all aspects of the project. D 9. Include the Brewster Wetlands Protection By-law Notice of Intent Addendum. D 10. If applicable to this filing, include a variance request with alternatives analysis. D 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. D 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. D 13. Include one check or money order for the total amount designated on the Brewster WP By-law Transmittal Form. D 14. Include a copy of the "Notice to Abutters" form letter. D 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. D 16. Include elevation drawings of the proposed structure(s) on paper of 8 1/2" x 11" or 11" x 17". x N/A x x x x x x N/A x x x x N/A D 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 th ere 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". D 18. Fold each plan separately, right side out with title visible, and attach it to each copy of the application. D 19. Include signed Site Access Authorization Form. Conservation Commissioners and Department staff will inspect the site. D 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. 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 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 ten (10) copies, paper clip documents to the folded plan. 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 N/A x x x Carla Davis, Coastal Engineering Co., Inc. 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 D Coastal Bank D Coastal Dune D Coastal Beach D Coastal Marsh 0 Flat D Ocean D Estuary D Land Subject to Flooding or Inundation by Tidal Action D Land Subject to Flooding by Coastal Storm Flowage Inland Wetlands D Inland Bank D Meadow D Marsh 0 Bog D Swamp D Lake D Pond D River D Stream D Land Under Said Waters D Land Subject to Flooding or Inundation by Groundwater or Surface Water X X Are you proposing an activity on land within 50 feet of any resource area protected under the Town of Brewster Wetlands Protection By-law? D 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? D 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? D 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? D Yes No x x X X t{�1,�t� TOWN OF BREWSTER \+;:,,::;�:{! :::j��!f s::s:;i' 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: -------------------------- 11/23/2022---------------------- Proposed dune restoration. 19 Muskrat Lane, Brewster 19 Muskrat Lane LLC 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): 19 Muskrat Lane a. Street Address Brewster b. City/Town 02631 c. Zip Code Latitude and Longitude: 41°46'51.52"N d. Latitude 70° 2'25.04"W e. Longitude 103 f. Assessors Map/Plat Number 9 g. Parcel /Lot Number 2. Applicant: a. First Name b. Last Name 19 Muskrat Lane LLC c. Organization 1155 Park Ave #5SW d. Street Address New York e. City/Town NY f. State 10128 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 Company, 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 permitting@coastalengineeringcompany.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $110.00 a. Total Fee Paid $42.50 b. State Fee Paid $67.50 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 dune restoration 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) 30803 c. Book 123 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 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 4,100 ± 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 4,100 ± 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 2022 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. After the Fact Plan Showing Vegetation Limits a. Plan Title Coastal Engineering Company, Inc. b. Prepared By John D. McElwee, PLS c. Signed and Stamped by 11/21/2022 d. Final Revision Date 1" = 10' e. Scale Crawford Land Management Restoration Plan f. Additional Plan or Document Title 11/14/2022 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: 42535 2. Municipal Check Number 11/22/2023 3. Check date 774 4. State Check Number 11/22/2023 5. Check date 6. Payor name on check: First Name Coastal Engineering Company, Inc. 7. Payor name on check: Last Name wpaform3.doc • rev. 2/8/2018 Page 9 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 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 location. 1.Signature of Applicant 2.Date 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. Donald K. Munroe, Coastal Engineering Co., Inc.11/23/2022 November 22nd, 2022 Brewster Conservation Commission Town of Brewster 1657 Main Street Brewster, MA 02631 Re: Restoration Plan Narrative Project Location: 19 Muskrat Lane, Brewster, MA 02631 Dear members of the Brewster Conservation Commissioners, Crawford Land Management (CLM) respectfully submits the attached Restoration Plan for the project at 19 Muskrat Lane in Brewster, which abuts Cape Cod Bay near Linnell Landing Beach. This Restoration Plan has been completed in order to restore a portion of the naturalized area on the property. A previous plan was approved under SE 9-1895 which permitted the addition of a shell drive, kayak rack, split-rail fence, and 3’ wide seasonal rollout walkway. Since the previous plan was approved, some vegetation has been cut within the wetland resource areas without a valid permit, totaling approximately 1,100 square feet. This project proposes to restore all areas of illegal cutting, while also removing instances of invasive vegetation within the project area and vegetating a significant portion of the site that is unnaturalized and characterized by bare sandy soils. Cumulatively, the restoration area is approximately 4,100 square feet, which includes re-vegetating the areas of previous cutting as well as creating new naturalized area. As part of restoration activities, any instances of invasive, non-native, or aggressive species within the restoration area will be treated and removed. Treatment will involve flush cutting vegetation and leaving the roots in place to maintain soil stability, followed by the application of an appropriate herbicide using a cut and wipe method. Any native shrub species will be left in place, and regeneratively pruned if necessary to promote new, dense growth. Maintenance will be ongoing for at least three years to ensure that invasive species are functionally eradicated. The entire restoration area is characterized by exposed sandy soils, which create difficult growing conditions due to dry soil, direct sunlight, and exposure to wind and salt spray. Plantings proposed within the restoration area are more tolerant of these conditions, and include American beachgrass (Ammophila breviligulata), Beach plum (Prunus maritima) and Bayberry (Morella pensylvanica). American beachgrass will be planted within the entire restoration area, while Beach plum and Bayberry will be planted on the southern end of the restoration area in an area that is more protected by existing vegetation and further from the direct coastal influence of Cape Cod Bay. Overall, this restoration strategy intends to restore areas of vegetation that have been cut while expanding the naturalized area on the property. We hope you see the value of the proposed restoration work and find this strategy acceptable to remedy the prior cutting work. If you should have any questions, please do not hesitate to contact me at jen@crawfordlm.com or (508) 477-1346. Respectfully, Jennifer Crawford, PLA, ASLA PRESIDENT, CRAWFORD LAND MANAGEMENT 19 Muskrat Lane, Harwich Performance Standards Narrative Project Summary The applicant seeks approval for the pruning of plants some of which were invasive species on the existing dune area. As shown on the accompanying site plan, some of the pruned areas are in the area of the previously approved work under SE 9-1895. There was some pruning and cutting done outside the originally approved areas and the applicants have engaged Crawford Land Management to prepare a restoration plan for the site. The details of that plan and work are part of this filing. Applicable Coastal Dune Performance Standards A. State Wetlands Protection Act - 310 CMR 10.28 (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; (b) disturbing 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; (d) interfering with the landward or lateral movement of the dune; (e) causing removal of sand from the dune artificially; or (f) interfering with mapped or otherwise identified bird nesting habitat. (a) The cutting and pruning that was performed will have no effect on the dunes’ ability to allow waves to remove sand from the dune. During king tides or major storm events the dune area can be overtopped. The dune will still be able to respond to storm waves by allowing sediment to be removed from the dune. (b) There was removal of vegetative cover from the dune, but due to the remaining root systems the dune should not be destabilized, and the proposed restoration plan will reestablish the vegetative cover before the upcoming storm season. (c) The elevation of the dune is still intact so there is no anticipated increase of storm or flood damage. (d) The pruning and cutting should not interfere with eh landward or lateral movement of the dune. There were no structures introduced into the dune that would cause blocking or impeding of sand to move due to wind or wave action (e) There was no artificial removal of sand (f) Although there is a mapped area of nesting birds, the area of pruning and cutting was primarily landward of the mapped nesting areas. November 23, 2022 C18861.00 Brewster Conservation Commission Via Hand Delivery Attn: Andreana Sideris Brewster Town Hall 1657 Main St Brewster, MA 02631 Re: Request for Variance Proposed Dune Restoration 19 Muskrat Lane LLC 19 Muskrat Lane, Brewster Map 103 Parcel 9 Dear Commission Members: On behalf of our client, 19 Muskrat Lane LLC, we hereby request a variance from the Brewster Wetlands Protection Bylaw to allow restoration within 50 feet of resource areas, coastal dune and Land Subject to Coastal Storm Flowage (LSCSF). The proposed work is located off Muskrat Lane off the waters of Cape Cod Bay. The applicant seeks approval for the pruning of plants some of which were invasive species on the existing dune area. As shown on the accompanying site plan, some of the pruned areas are in the area of the previously approved work under SE 9-1895. There was some pruning and cutting done outside the originally approved areas and the applicants have engaged Crawford Land Management to prepare a restoration plan for the site. The details of that plan and work are part of this filing. The following summary addresses each of the interests, as applicable, identified under the Brewster Wetlands Protection Bylaw. • Private water supply: The project area is not developed and not served by town water. • Public water supply: There is no public water supply. • Groundwater: The project will improve the quality and quantity of rainfall recharge at the site by slowing the flow of storm water to allow for better infiltration, allowing increased recharge for the area. • Water quality in ponds: This area is not associated with a pond. • Flood Control: The project will have no impact on the ability of the area to control flooding. • Erosion & sedimentation control: The proposed plantings will stabilize the resource areas to minimize further erosion and sediments being deposited into the pond. • Storm Damage Prevention: The proposed work will stabilize the resource areas through the additional plantings. • Prevention of water pollution: The proposed restoration planting will not add to any water pollution. • Fisheries and Shellfish: The project is well above the mean high water mark so there is no anticipated effect to fisheries and shellfish. • Wildlife & wildlife habitat: The proposed plantings will provide increased escape cover, breeding habitat, and habitat for wildlife and therefore is anticipated to have a positive impact on this interest • Aesthetics: The project is in an area not visible from the street or the general public, and only marginally visible from the beach front area. • Historic Values: The project will not have any adverse impacts to historic values. A representative from our firm will be present at the public hearing on December 13, 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/cad Enclosures cc: Mass. DEP/SERO – Wetlands 19 Muskrat Lane LLC November 23, 2022 C14117.10 Brewster Wetlands Protection By-law Only Notice of Intent 19 Muskrat Lane, Brewster Variance Justification The applicant seeks approval for the pruning of plants some of which were invasive species on the existing dune area. As shown on the accompanying site plan, some of the pruned areas are in the area of the previously approved work under SE 9-1895. There was some pruning and cutting done outside the originally approved areas and the applicants have engaged Crawford Land Management to prepare a restoration plan for the site. The details of that plan and work are part of this filing. The following summary addresses each of the interests, as applicable, identified under the Brewster Wetlands Protection Bylaw. The resource areas not applicable to this project include the following: beach, bank or flat coastal wetland, marsh, meadow, or swamp any lake, pond, river, stream, estuary or the ocean any land under said waters land subject to flooding or inundation by tidal action The resource areas affected include: Coastal Dune and Land Subject to Coastal Storm Flowage (LSCSF) 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: Ground water and ground water quality, erosion and sedimentation control, prevention of water pollution, wildlife and wildlife habitat, aesthetics, and historic values. The interests not applicable to this project include the following: public water supply, private water supply, water quality in the numerous ponds of the town, flood control, storm damage prevention, fisheries, shellfish, Therefore, Coastal Engineering Company believes the proposed work shown on the plan prepared for the subject property 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 13, 2022 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/cad Enclosures cc: Mass. DEP/SERO – Wetlands 19 Muskrat Lane LLC 19 Muskrat Lane, Brewster Project Alternatives Alternative 1 - Do Nothing If current conditions are left as is, the subject area will be vulnerable to significant erosion Alternative 2 – Restore Dune Vegetation Preferred alternative: Replanting and restoring the area that was disturbed will reduce the chance of erosion and will also track wind-blown sand to keep the dune stable. 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 ofIntent 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 ofactivity 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. Cat 1e - Resource Improvement 1 1 $100.00 15.00 20.00 67.50 702.50 ATF Double Fee 1 1 $100.00 Variance 1 1 $200.00 ATF Variance - Double Fee 1 1 $200.00 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: 19 Muskrat Lane a. Street Address Brewster b. City/Town 774 c. Check number $42.50 d. Fee amount 2. Applicant Mailing Address: a. First Name b. Last Name 19 Muskrat Lane LLC c. Organization 1155 Park Ave. #5SW d. Mailing Address New York e. City/Town NY f. State 10128 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 1d - Resource Improvement 1 $110.00 $110.00 Step 5/Total Project Fee: $110.00 Step 6/Fee Payments: Total Project Fee: $110.00 a. Total Fee from Step 5 State share of filing Fee: $42.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $67.50 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 #: C18861.01/DKM AFFIDAVIT OF SERVICE Massachusetts Wetlands Protection Act M.G.L., CH 131, Sec. 40 I, Carla Davis, of Coastal Engineering Co., Inc. hereby certify under the pains and penalties of perjury that on November 23, 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 19 Muskrat Lane LLC with the Brewster Conservation Commission on November 23, 2022 for property located at 19 Muskrat Lane Map 103 Parcel 9 in Brewster, MA. The project is for proposed dune restoration. 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. Carla Davis Enclosures cc: Mass. DEP/ SERO – Wetlands Mass. NHESP Brewster Conservation Commission 19 Muskrat Lane LLC Donald K. Munroe, Project Manager D:\DOC\C18800\18861.01\Permitting\Conservation\NOI - ATF\Affidavit - Updated.docx Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Massachusetts Wetlands Protection Act (M.G.L. C.131 S. 40) Brewster Conservation Commission Brewster Wetlands Protection By-law Chapter 172 Notice to Abutters Date: ___________________ To: Abutters of property located at: ________________________________________ Assessors' Map_______, Parcel_______, Formerly Map_________, Parcel________ From: _____________________________________________________________ , Applicant Owner of Property: _______________________________________________ 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 on behalf of the applicant for a proposed project at the above captioned location. The Project includes the following: The proposed work will occur within __________ feet of: Inland Wetlands Coastal Wetlands The project will occur within an Inland Wetland. The project will occur within a Coastal Wetland. The information and plans for the project may be reviewed between 8:30 AM and 4:00 PM , Tuesday through Thursday, at the Conservation Department, Brewster Town Offices, 1657 Main Street. Electronic copies may be requested as an alternative. A public hearing will be held Tuesday,_____________________________, 20_________. Until further notice, due to the Covid pandemic, meetings will be held by remote participation. Hearings begin at 6:00 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 any questions, please call the Brewster Conservation Department at 896-4546, between the hours of 8:30 AM and 4:00 PM. Sincerely, Representative for Applicant 11/23/2022 19 Muskrat Lane, Brewster 109 9 19 Muskrat Lane, LLC 9 Muskrat Lane, LLC X X 50 December 13 22 Donald K. Munroe, Coastal Engineering Co., Inc. Proposed Dune Restoration 950 CMR: OFFICE OF THE SECRETARY OF THE COMMONWEALTH APPENDIX A MASSACHUSETTS HISTORICAL COMMISSION 220 MORRISSEY BOULEVARD BOSTON, MASS. 02125 617-727-8470, FAX: 617-727-5128 PROJECT NOTIFICATION FORM Project Name:________________________________________________________________________________ Location / Address:___________________________________________________________________________ City / Town :________________________________________________________________________________ Project Proponent :___________________________________________________________________________ Name:______________________________________________________________________________________ Address :___________________________________________________________________________________ City/Town /Zip/Telephone :___________________________________________________________________ Agency license or funding for the project (list all licenses, permits, approvals, grants or other entitlements being sought from state and federal agencies). Agencv Name Type of License or funding (specify) Project Description (narrative): Does the project include demolition? If so, specify nature of demolition and describe the building(s) which are proposed for demolition. Does the project include rehabilitation of any existing buildings? If so, specify nature of rehabilitation and describe the building(s) which are proposed for rehabilitation. Does the project include new construction? If so, describe (attach plans and elevations if necessary). 5/31/96 (Effective 7/1/93) -corrected 950 CMR - 275 N/A N/A N/A The applicant seeks approval for the pruning of plants some of which were invasive species on the existing dune area. As shown on the accompanying site plan, some of the pruned areas are in the area of the previously approved work under SE 9-1895. There was some pruning and cutting done outside the originally approved areas and the applicants have engaged Crawford Land Management to prepare a restoration plan for the site. The details of that plan and work are part of this filing. Proposed Dune Restoration 19 Muskrat Lane, Brewster, MA 19 Muskrat Lane, LLC 19 Muskrat Lane, LLC 1155 Park Ave #5SW New York, NY 10128 Brewster Conservation Commission Order of Conditions SE 9-1895 950 CMR: OFFICE OF THE SECRETARY OF THE COMMONWEALTH APPENDIX A (continued) To the best of your knowledge are any historic or archaeological properties known to exist within the project's area of potential impact? If so, specify. What is the total acreage of the project area? Woodland___________________ acres Productive Resources: Wetland_____________________ acres Agriculture________________________acres Floodplain___________________ acres Forestry__________________________ acres Open Space__________________ acres Mining/Extraction__________________ acres Developed___________________ acres Total Project Acreage_______________acres What is the acreage of the proposed new construction? acres What is the present land use of the project area? Please attach a copy of the section of the USGS quadrangle map which clearly marks the project location. This Project Notification Form has beam submitted to the MHC in compliance with 950 CMR 71.00. Signature of Person Submitting this form:_____________________________________Date:_________________ Name:_________________________________________________________________________________________ Address:_______________________________________________________________________________________ City/Town/Zip:__________________________________________________________________________________ Telephone:_____________________________________________________________________________________ REGULATORY AUTHORITY 950 CMR 71.00: M.G.L. c. 9, §§ 26.27Cas amended by St 1998, c. 254. 7/1/93 950 CMR - 276 Private property for recreational use/beach access 0 0.094 0.094 See attached 11/23/2022 Donald K. Munroe, Coastal Engineering Co., Inc. 260 Cranberry Highway Orleans, MA 02653 508-255-6511 November 23, 2022 Project #C18861.01 Natural Heritage & Endangered Species Program Via Certified Mail Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 RE: NOTICE OF INTENT Proposed dune restoration 19 Muskrat Lane LLC 19 Muskrat Lane Brewster, MA Map 103 Parcel 9 Dear Sir/Madam: Enclosed please find a copy of the Notice of Intent we have filed with the Brewster Conservation Commission for the above referenced project. The proposed project/limit of work is located in an area designated as an Estimated Habitat, therefore subject to the endangered species protection provisions of the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.37, 10.58(4)(b), & 10.59) and your review. The proposed project/limit of work is also located in an area designated as a Priority Habitat, which is subject to a Massachusetts Endangered Species Act (MESA) review under 321 CMR 10.18. Enclosed please find a $300.00 check made payable to Commonwealth of MA - NHESP for the MESA filing fee. If you have any questions, or require any additional information, please give our office a call. Sincerely, COASTAL ENGINEERING CO., INC. Donald K. Munroe, Project Manager DKM/cad Enclosures cc: Mass. DEP/SERO - Wetlands Brewster Conservation Commission 19 Muskrat Lane LLC D:\DOC\C18800\18861.01\Permitting\Conservation\NOI - ATF\NHESP Letter - Updated.docx C18861.01: After-the-Fact Notice of Intent 19 Muskrat Lane, Brewster SITE PHOTOS NHESP 19 Muskrat Lane, Brewster NHESP Priority Habitats of Rare Species Property Tax Parcels LOCUS 19 Muskrat Lane, Brewster Property Tax Parcels C18861.01/Harris 19 Muskrat Lane, Brewster Map 103 Parcel 9 41°46'51.52"N 70° 2'25.04"W L I M I T O F W O R K L I M I T O F W O R K APPROVED SHELL DRIVE UNDER SE 9-1895 APPROVED 3' WIDE SEASONAL ROLLOUT WALK UNDER SE 9-1895 APPROVED SPLIT RAIL FENCE UNDER SE 9-1895 25' WETLAND BUFFER VEGETATION LINE 10/03/22 VEGETATION LINE SE 9-1895 VEGETATION LINE SE 9-1895 50' WETLAND BUFFER 50' TOB BUFFER 25' TOB BUFFER VEGETATION LINE 10/03/22 VEGETATION LINE SE 9-1895 TOP OF COASTAL BANK (12/28/20) APPROVED 9' x 7' KAYAK RACK UNDER SE 9-1895 EXISTING DRAINAGE CULVERT BOTTOM OF SCARP 12/28/20 PROPOSED EDGE OF VEGETATION VEGETATION LINE 10/03/22 COASTAL DUNE EDGE O F F L A G G E D W E T L A N D EDGE OF F L A G G E D W E T L A N D BOTTOM OF SCARP 12/28/20 PROPERTY LINE PR O P E R T Y L I N E P R O P E R T Y L I N E (8) BEACH PLUM (9) BAYBERRY (6) BEACH PLUM SCALE: DATE: NO : DA T E : RE V I S I O N : BY : All rights reserved. The drawings, designs, and ideas embodied therein are property of CLM and shall not be copied, reproduced, or disclosed in connection with any work other than the project for which they have been prepared, in whole or part, without prior written authorization of CLM. 88 Route 6A, Suite 2B | Sandwich, MA 02563 www.crawfordlm.com | 508.477.1346 BR E W S T E R , M A 0 2 6 3 1 19 M U S K R A T L A N E 11/22/22 1" = 10' 1 of 1 10 5 0 10 30 N KEY: RESTORATION AREA (4,100 +/- SF) AREA OF CLEARING (1,100 +/- SF) RESTORATION PLAN NOTES INVASIVE SPECIES MANAGEMENT: ·Treat and remove any invasive vegetation within the restoration area using an appropriate herbicide (Glyphosate- or Triclopyr-based) using a cut and wipe method. Vegetation to be flush cut leaving the roots in place to maintain soil stability. ·Rejuvenate any native shrub species uncovered in the restoration area, if needed, with regenerative pruning techniques to encourage new, dense growth. RESTORATION PLANTINGS: ·Restoration area to be planted with American beachgrass (Ammophila breviligulata) bare root culms at 18" O.C. w/ 2 culms per hole. ·Beachgrass to be planted between October 15 and April 1. Do not plant if the ground is frozen. ·Shrub species to be planted in spring or fall. CONTRACTOR QUALIFICATIONS: ·Herbicide application will only be completed by Massachusetts state-licensed and insured pesticide applicators knowledgable with invasive, non-native and native plant identification, both in-leaf and bare-twig. ·Restoration work shall be overseen by a Certified Ecological Restoration Practitioner, unless approved otherwise by the Brewster Conservation Commission. MAINTENANCE OF RESTORATION AREA: ·Rejuvenate any native shrub species, if needed, with regenerative pruning techniques to encourage new, dense growth. ·Remove any invasive, non-native or aggressive species through hand weeding or using an appropriate herbicide (Glyphosate-based or Triclopyr-based) using a cut and wipe method. *CLM WILL NOT PROVIDE OVERSIGHT OR CERTIFICATION FOR ANY WORK COMPLETED BY OTHERS, NOR DOES CLM TAKE ANY RESPONSIBILITY FOR WORK COMPLETED BY OTHERS. RESTORATION PLANT SCHEDULE SCIENTIFIC NAME COMMON NAME QTY.SIZE GRASSES Ammophila breviligulata American beachgrass 4,000 Bareroot culms SHRUBS Morella pensylvanica Bayberry 9 #3-#5 Prunus maritima Beach plum 14 #3-#5 COASTAL ENGINEERING CO. 88 ROUTE 6A SANDWICH, MA 02563 SURVEYOR/ENGINEER: RESTORATION PLAN Co a s t a l E n g i n e e r i n g C o . , I n c . © 20 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 F: \ S D S K P R O J \ C 1 8 0 0 0 \ C 1 8 8 6 1 \ C 1 8 8 6 1 - C 3 D . d w g 11 / 2 3 / 2 0 2 2 9 : 1 2 A M GA I L H A R R I S 19 M U S K R A T L A N E BR E W S T E R , M A C18861.01 LI M I T E D E X I S T I N G C O N D T I O N S P L A N CO M P A R I S O N T O P E R M I T T E D V E G E T A T I O N C2.2.1 1 1 AS NOTED 11/21/2022 C18861-C3D.dwg KES DKM wpaform8a.doc •• rev. 5/29/14 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A – Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: SE 9-1830 Provided by DEP A. Project Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1.This request is being made by: Donna Smith for Robinwood Homeowners Association Name 365 Holly Ave Mailing Address Brewster City/Town MA State 02631 Zip Code 774-207-0913 Phone Number 2.This request is in reference to work regulated by a final Order of Conditions issued to: Robinwood Homeowners Association Applicant 7/19/2019 Dated SE 9-1830 DEP File Number Upon completion of the work authorized in an Order of Conditions, the property owner must request a Certificate of Compliance from the issuing authority stating that the work or portion of the work has been satisfactorily completed. 3.The project site is located at: 0 Holly Ave Street Address Brewster City/Town 125 Assessors Map/Plat Number 91(29/999) Parcel/Lot Number 4.The final Order of Conditions was recorded at the Registry of Deeds for: Property Owner (if different) County 32202 Book 159 Page Certificate (if registered land) 5.This request is for certification that (check one): the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaform8a.doc •• rev. 5/29/14 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 8A – Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: SE 9-1830 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office- for-your-city-or-town.html).