140P2018R0054-0003_Att-3_App_A_Herring_Cove_Beach_NOI_Final_180604.pdf

NOTICE OF INTENT FOR AN

ECOLOGICAL RESTORATION LIMITED PROJECT

UPGRADE VISITOR ACCESS AT HERRING COVE BEACH

PROVINCETOWN, MASSACHUSETTS

SUBMITTED TO: Provincetown Conservation Commission

PREPARED FOR: National Park Service

PREPARED BY: LOUIS BERGER

412 Mount Kemble Morristown, New Jersey 07960

May 2018

Herring Cove Beach Public Access Province Lands Road Provincetown, Massachusetts Notice of Intent

Page i

TABLE OF CONTENTS

SECTION A: APPLICATION FORMS AND MATERIALS

WPA Notice of Intent Application Environmental Monitor

SECTION B: PROJECT NARRATIVE

1.0 Introduction

2.0 Required Permits and Authorizations

2.1 Federal

2.2 State

2.3 Local

3.0 Project Description

3.1 Alternatives Analysis

3.1.1 Alternative I - No Action

3.1.2 Alternative II – Periodic Retreat

3.1.3 Alternative III - One-Time Retreat (Preferred Alternative)

3.2 Construction

3.3 Stormwater

4.0 Existing Conditions

4.1 Resource Areas

4.1.1 Coastal Beach

4.1.2 Coastal Dune

4.1.3 Land Subject to Coastal Storm Flowage

4.1.4 Buffer Zone

4.2 Rare Species

5.0 Project Impacts

5.1 Resource Area Impacts

5.1.1 Flood Impacts

6.0 Regulatory Compliance

6.1 Wetlands Protection Act

6.1.1 Coastal Beach

6.1.2 Coastal Dune

6.2 Massachusetts Endangered Species Act Review

6.3 Massachusetts Contingency Plan

7.0 Mitigation and Monitoring

7.1 Mitigation

7.2 Monitoring

7.3 Operation and maintenance

8.0 References

Provincetown, Massachusetts Notice of Intent

Page ii

LIST OF TABLES

Table 1. Rare Species Table 2. Resource Area Impacts

LIST OF FIGURES

Figure 1. Aerial Photograph of Site Figure 2. Existing Wetlands and Resource Areas Figure 3. FEMA Special Flood Hazard Areas

APPENDICES

Appendix A: Permit Plans Appendix B: Stormwater Report Appendix C: Rare Species

Provincetown, Massachusetts Notice of Intent

Page iii

ACRONYMS AND ABBREVIATIONS

ABA Architectural Barriers Act

BMP Best Management Practice

CCNS Cape Cod National Seashore

CMR Code of Massachusetts Regulations

E&S Erosion and sediment

FEMA Federal Emergency Management Agency

FIRM Flood Insurance Rate Map

FONSI Finding of No Significant Impact

LF Linear Feet

LSP Licensed Site Professional

MassDEP Massachusetts Department of Environmental Protection

MHC Massachusetts Historical Commission

NAVD North American Vertical Datum

NEPA National Environmental Policy Act

NHESP Natural Heritage and Endangered Species Program

NMFS National Marine Fisheries Service

NWI National Wetlands Inventory

SF Square Feet

SFHA Special Flood Hazard Area

TMDL Total Maximum Daily Load

USFWS U.S. Fish and Wildlife Service

WPA Massachusetts Wetlands Protection Act

Provincetown, Massachusetts Notice of Intent

SECTION A:

APPLICATION FORMS AND MATERIALS

WPA Notice of Intent Application wpaform3.doc • rev. 6/28/2016

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

Provincetown 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):

Province Lands Road

a. Street Address

Provincetown

b. City/Town

02657

c. Zip Code

Latitude and Longitude: 42.047

d. Latitude

-70.219

e. Longitude

N/A - Cape Cod National Seashore

f. Assessors Map/Plat Number

N/A - Cape Cod National Seashore

g. Parcel /Lot Number

2. Applicant:

Karst

a. First Name

Hoogeboom

b. Last Name

National Park Service

c. Organization

99 Marconi Site Rd.

d. Street Address Wellfleet

e. City/Town

MA

f. State

02667

g. Zip Code

508.771.2144

h. Phone Number

i. Fax Number

Karst_Hoogeboom@nps.gov

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

j. Email address

4. Representative (if any):

Clayton

a. First Name

Carlisle

b. Last Name

Louis Berger

c. Company

412 Mt Kemble Ave.

d. Street Address

Morristown

e. City/Town

NJ

f. State

07960

g. Zip Code

401-415-9442 ccarlisle@louisberger.com

j. Email address

5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):

$3,650.00

a. Total Fee Paid

$1,812.50

b. State Fee Paid

$1,837.50

c. City/Town Fee Paid wpaform3.doc • rev. 6/28/2016 Page 2 of 9

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

Provincetown City/Town

A. General Information (continued)

6. General Project Description:

Removal and relocation of existing parking lot, road, and beach facilities.

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)

Ecological Restoration Limited Project

2. Limited Project Type

If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification.

8. Property recorded at the Registry of Deeds for:

Barnstable

a. County b. Certificate # (if registered land)

c. Book

d. Page Number

B. Buffer Zone & Resource Area Impacts (temporary & permanent)

1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering

Vegetated Wetland, Inland Bank, or Coastal Resource Area.

2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas).

Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location.

wpaform3.doc • rev. 6/28/2016 Page 3 of 9

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

Provincetown 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.

WPA Form 3 – Notice of Intent

Provincetown 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 9,710

2. cubic yards beach nourishment

e. Coastal Dunes 3,750

2. cubic yards dune nourishment

Size of Proposed Alteration Proposed Replacement (if any)

f. Coastal Banks

1. linear feet

g. Rocky Intertidal

Shores

h. Salt Marshes

2. sq ft restoration, rehab., creation

i. Land Under Salt Ponds

2. cubic yards dredged

j. Land Containing Shellfish

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

413,059

1. square feet

4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here.

a. square feet of BVW

b. square feet of Salt Marsh

5. Project Involves Stream Crossings

a. number of new stream crossings

b. number of replacement stream crossings wpaform3.doc • rev. 6/28/2016 Page 5 of 9

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

Provincetown 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 015818/1/2017

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. 6/28/2016 Page 6 of 9

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

Provincetown 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 1213 Purchase Street – 3rd Floor New Bedford, MA 02740-6694 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. 6/28/2016 Page 7 of 9

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

Provincetown 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.

WPA Form 3 – Notice of Intent

Provincetown 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.

a. Plan Title

b. Prepared By

c. Signed and Stamped by

d. Final Revision Date

e. Scale

f. Additional Plan or Document Title

g. Date

5. If there is more than one property owner, please attach a list of these property owners not listed on this form.

6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.

7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.

8. Attach NOI Wetland Fee Transmittal Form

9. Attach Stormwater Report, if needed.

E. Fees

1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority.

Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment:

050002392

2. Municipal Check Number

5/30/2018

3. Check date

050002391

4. State Check Number

5/30/2018

5. Check date

6. Payor name on check: First Name

THE LOUIS BERGER GROUP, INC.

7. Payor name on check: Last Name

June 4, 2018 noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2

NOI Wetland Fee Transmittal Form

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:

Province Lands Road

a. Street Address

Provincetown

b. City/Town

050002391

c. Check number

$1,812.50

d. Fee amount

2. Applicant Mailing Address:

Karst

a. First Name

Hoogeboom

b. Last Name

National Park Service

c. Organization

99 Marconi Site Road

d. Mailing Address

Provincetown

e. City/Town

MA

f. State

02667

g. Zip Code

508.771.2144

Karst_Hoogeboom@nps.gov

3. Property Owner (if different):

a. First Name

b. Last Name

c. Organization

d. Mailing Address

e. City/Town

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

NOI Wetland Fee Transmittal Form

B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step

3/Individual Activity Fee

Step 4/Subtotal Activity Fee

Category 1b Parking Lot

$500

$500

Category 3c road construction

$1,050

Category cb building

$2,100

Step 5/Total Project Fee:

Step 6/Fee Payments:

Total Project Fee: $3,650

a. Total Fee from Step 5

State share of filing Fee: $1,812.50

b. 1/2 Total Fee less $12.50

City/Town share of filling Fee: $1,837.50

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.)

noiappa.doc • rev 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

MassDEP File Number

Document Transaction Number

Provincetown City/Town

Eligibility Checklist

This Ecological Restoration Limited Project Eligibility Checklist guides the applicant in determining if their project is eligible to file as an Inland or Coastal Ecological Restoration Limited Project (310 CMR 10.53(4) or 310 CMR 10.24(8) respectively). These criteria must be met when submitting the Ecological Restoration Limited Project Notice of Intent to ensure that the restoration and improvement of the natural capacity of a Resource Area(s) to protect and sustain the interests identified in the WPA is necessary to achieve the project’s ecological restoration goals.

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.

Regulatory Features of All Coastal and Inland Ecological Restoration Limited Projects

(a) May result in the temporary or permanent loss of/or conversion of Resource Area: An Ecological Restoration Limited Project that meets the requirements of 310 CMR 10.24(8) may result in the temporary or permanent loss of Resource Areas and/or the conversion of one Resource Area to another when such loss is necessary to the achievement of the project’s ecological restoration goals.

(b) Exemption from wildlife habitat evaluation: A NOI for an Ecological Restoration Limited Project that meets the minimum requirements for Ecological Restoration Projects and for a MassDEP Combined Application outlined in 310 CMR 10.12(1) and (2) is exempt from providing a wildlife habitat evaluation

(310 CMR 10.60).

(c) The following are considerations for applicants filing an Ecological Restoration Limited Project NOI and for the issuing authority approving a project as an Ecological Restoration Limited Project:

The condition of existing and historic Resource Areas proposed for restoration.

Evidence of the extent and severity of the impairment(s) that reduce the capacity of the Resource Areas to protect and sustain the interests identified in M.G.L. c. 131, § 40.

The magnitude and significance of the benefits of the Ecological Restoration Project in improving the capacity of the affected Resource Areas to protect and sustain the other interests identified in M.G.L. c. 131, § 40.

The magnitude and significance of the impacts of the Ecological Restoration Project on existing Resource Areas that may be modified, converted and/or lost and the interests for which said Resource Areas are presumed significant in 310 CMR 10.00, and the extent to which the project will:

a. avoid adverse impacts to Resource Areas and the interests identified in M.G.L. c. 131, § 40, that can be avoided without impeding the achievement of the project’s ecological restoration goals.

b. minimize adverse impacts to Resource Areas and the interests identified in M.G.L. c. 131, § 40, that are necessary to the achievement of the project’s ecological restoration goals.

c. utilize best management practices such as erosion and siltation controls and proper construction sequencing to avoid and minimize adverse construction impacts to resource areas and the interests identified in M.G.L. c. 131, § 40.

noiappa.doc • rev 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

MassDEP File Number

Document Transaction Number

Provincetown City/Town

Eligibility Criteria - Coastal Ecological Restoration Limited Projects

(310 CMR 10.24(8))

Complete this Eligibility Criteria Checklist before filling out a Notice of Intent Application to determine if your project qualifies as a Coastal Ecological Restoration Limited Project. (310 CMR 10.24(8)) Sign the Eligibility Certification at the end of Appendix A, and attach the checklist with supporting documentation and the Eligibility Certification to your Notice of Intent Application.

General Eligibility Criteria for All Coastal Ecological Restoration Limited Projects

Notwithstanding the requirements of 310 CMR 10.25 through 10.35, 310 CMR 10.54 through 10.58, and the Wildlife Habitat evaluations in 310 CMR 10.60, the Issuing Authority may issue an Order of Conditions permitting an Ecological Restoration Project listed in 310 CMR 10.24(8)(e) as an Ecological Restoration Limited Project and impose such conditions as will contribute to the interests identified in the WPA M.G.L. provided that the project meets all the requirements in 310 CMR 10.24 (8).

The project is an Ecological Restoration Project as defined in 310 CMR 10.04 and is a project type listed below [310 CMR 10.24(8)(e)].

Tidal Restoration.

Shellfish Habitat Restoration.

Other Ecological Restoration Limited Project Type.

The project will further at least one of the WPA (M.G.L. c. 131, § 40) interests identified below.

Protection of public or private water supply.

Protection of ground water supply.

Flood control.

Storm damage prevention.

Prevention of pollution.

Protection of land containing shellfish.

Protection of fisheries.

Protection of wildlife habitat.

If the project will impact an area located within estimated habitat which is indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetlands, a NHESP preliminary written determination is attached to the NOI submittal that the project will not have any adverse long-term and short-term effects on specified habitat sites of Rare Species or the project will be carried out in accordance with an approved NHESP habitat management plan.

noiappa.doc • rev 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

MassDEP File Number

Document Transaction Number

Provincetown City/Town

Eligibility Criteria - Coastal Ecological Restoration Limited Projects (310 CMR 10.24(8)) (Cont.)

General Eligibility Criteria for All Coastal Ecological Restoration Limited Projects (cont.)

If the project is located in a Coastal Dune or Barrier Beach, the project avoids and minimizes armoring of the Coastal Dune or Barrier Beach to the maximum extent practicable.

The project complies with all applicable provisions of 310 CMR 10.24(1) through (6) and 310 CMR 10.24(9) and (10).

Additional Eligibility Criteria for Specific Coastal Ecological Restoration Limited Project Types

These additional criteria must be met to qualify as an Ecological Restoration Limited Project to ensure that the restoration and improvement of the natural capacity of a Resource Area to protect and sustain the interests identified in the WPA is necessary to achieve the project’s ecological restoration goals.

This Ecological Restoration Limited Project application meets the eligibility criteria for Ecological Restoration Limited Project [310 CMR 10.24(8)(a) through (d) and as proposed, furthers at least one of the WPA interests is for the project type identified below.

Tidal Restoration Projects

A project to restore tidal flow that will not significantly increase flooding or storm damage impacts to the built environment, including without limitation, buildings, wells, septic systems, roads or other man-made structures or infrastructure.

Shellfish Habitat Restoration Projects

The project has received a Special Projects Permit from the Division of Marine Fisheries or, if a municipality, has received a shellfish propagation permit.

The project is made of cultch (e.g., shellfish shells from oyster, surf or ocean clam) or is a structure manufactured specifically for shellfish enhancement (e.g., reef blocks, reef balls, racks, floats, rafts, suspended gear).

Other Ecological Restoration Projects that meet the criteria set forth in 310 CMR 10.24(8)(a) through (d).

Restoration, enhancement, or management of Rare Species habitat.

Restoration of hydrologic and habitat connectivity.

Removal of aquatic nuisance vegetation to impede eutrophication.

Thinning or planting of vegetation to improve habitat value.

Fill removal and re-grading.

Riparian corridor re-naturalization.

River floodplain re-connection.

noiappa.doc • rev 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

MassDEP File Number

Document Transaction Number

Provincetown City/Town

Eligibility Criteria - Coastal Ecological Restoration Limited Projects (310 CMR 10.24(8)) (Cont.)

Additional Eligibility Criteria for Specific Coastal Ecological Restoration Limited Project Types

In-stream habitat enhancement.

Remediation of historic tidal wetland ditching.

Eelgrass restoration.

Invasive species management.

Installation of fish passage structures.

Other. Describe: Removal of parking lot and reconnecting isolated coastal dune.

This project involves the construction, repair, replacement or expansion of public or private infrastructure (310 CMR 10.24(9).

The NOI attachment labeled is an operation and maintenance plan to ensure that the infrastructure will continue to function as designed.

The operation and maintenance plan will be implemented as a continuing condition in the Order of Conditions and the Certificate of Compliance.

This project proposes to replace an existing stream crossing (310 CMR 10.24(10). The crossing complies with the Massachusetts Stream Crossing Standards to the maximum extent practicable with details provided in the NOI. The crossing type:

Replaces an existing non-tidal crossing that is part of an Anadromous/Catadromous Fish Run (310 CMR 10.35) Replaces an existing tidal crossing that restricts tidal flow. The tidal restriction will be eliminated to the maximum extent practicable.

At a minimum, in evaluating the potential to comply with the standards to the maximum extent practicable the following criteria have been consider site constraints in meeting the standard, undesirable effects or risk in meeting the standard, and the environmental benefit of meeting the standard compared to the cost, by evaluating the following:

The potential for downstream flooding;

Upstream and downstream habitat (in-stream habitat, wetlands);

Potential for erosion and head-cutting;

Stream stability;

Habitat fragmentation caused by the crossing;

The amount of stream mileage made accessible by the improvements;

Storm flow conveyance;

noiappa.doc • rev 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

MassDEP File Number

Document Transaction Number

Provincetown City/Town

Eligibility Criteria - Coastal Ecological Restoration Limited Projects (310 CMR 10.24(8)) (Cont.)

Additional Eligibility Criteria for Specific Coastal Ecological Restoration Limited Project Types

Engineering design constraints specific to the crossing;

Hydrologic constraints specific to the crossing;

Impacts to wetlands that would occur by improving the crossing;

Potential to affect property and infrastructure; and

Cost of replacement.

Eligibility Criteria - Inland Ecological Restoration Limited Project (310

CMR 10.53(4))

Complete this Eligibility Criteria Checklist before filling out a Notice of Intent Application to determine if your project qualifies as an Inland Ecological Restoration Limited Project. (310 CMR 10.53(4)) Sign the Eligibility Certification at the end of Appendix A, and attach the checklist with supporting documentation and the Eligibility Certification to your Notice of Intent Application.

General Eligibility Criteria for All Inland Ecological Restoration Limited Projects

Notwithstanding the requirements of any other provision of 310 CMR 10.25 through 10.35, 310 CMR

10.54 through 10.58, and 310 CMR 10.60, the Issuing Authority may issue an Order of Conditions permitting an Ecological Restoration Project listed in 310 CMR 10.53(4)(e) as an Ecological Restoration Limited Project and impose such conditions as will contribute to the interests identified in M.G.L. c. 131, § 40, provided that:

The project is an Ecological Restoration Project as defined in 310 CMR 10.04 and is a project type listed below [310 CMR 10.53(4)(e)].

Dam Removal

Freshwater Stream Crossing Repair and Replacement

Stream Daylighting

Tidal Restoration

Rare Species Habitat Restoration

Restoring Fish Passageways

Other (describe project type):

noiappa.doc • rev 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

MassDEP File Number

Document Transaction Number

Provincetown City/Town

Eligibility Criteria - Inland Ecological Restoration Limited Project (310 CMR 10.53(4)) (cont.)

General Eligibility Criteria for All Inland Ecological Restoration Limited Projects

The project will further at least one of the WPA (M.G.L. c. 131, § 40) interests identified below.

Protection of public or private water supply

Protection of ground water supply

Flood control

Storm damage prevention

Prevention of pollution

Protection of land containing shellfish

Protection of fisheries

Protection of wildlife habitat

If the project will impact an area located within estimated habitat which is indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetlands, a NHESP preliminary written determination is attached to the NOI submittal that the project will have no adverse long-term and short-term effects on specified habitat sites of Rare Species or the project will be carried out in accordance with an approved NHESP habitat management plan.

The project will be carried out in accordance with any time of year restrictions or other conditions recommended by the Division of Marine Fisheries for coastal waters and the Division of Fisheries and Wildlife in accordance with 310 CMR 10.11(3).

If the project involves the dredging of 100 cubic yards of sediment or more or dredging of any amount in an Outstanding Resource Water, a Water Quality Certification has been applied for or obtained.

The project complies with all applicable provisions of 310 CMR 10.53(1), (2), (7), and (8).

noiappa.doc • rev 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

MassDEP File Number

Document Transaction Number

Provincetown City/Town

Eligibility Criteria - Inland Ecological Restoration Limited Project (310 CMR 10.53(4)) (cont.)

Additional Eligibility Criteria for Specific Inland Ecological Restoration Limited Project Types

These additional criteria must be met to qualify as an Ecological Restoration Limited Project to ensure that the restoration and improvement of the natural capacity of a Resource Area to protect and sustain the interests identified in the WPA is necessary to achieve the project’s ecological restoration goals.

This project application meets the eligibility criteria for Ecological Restoration Limited Project in accordance with [310 CMR 10.53(4)(a) through (d) and as proposed, furthers at least one of the WPA interests is for the project type identified below:

Dam Removal

Project is consistent with MassDEP’s 2007 Dam Removal Guidance.

Freshwater Stream Crossing Repair and Replacement. The project as proposed and the NOI describes how:

Meeting the eligibility criteria set forth in 310 CMR 10.13 would result in significant stream instability or flooding hazard that cannot otherwise be mitigated, and site constraints make it impossible to meet said criteria.

The project design ensures that the stability of the bank is NOT impaired.

To the maximum extent practicable, the project provides for the restoration of the stream upstream and downstream of the structure as needed to restore stream continuity and eliminate barriers to aquatic organism movement.

The project complies with the requirements of 310 CMR 10.53(7) and (8).

Stream Daylighting Projects

The project meets the eligibility criteria for Ecological Restoration Limited Project [310 CMR 10.53(4)(a) through (d)] and as proposed the NOI describes how the proposed project meets to the maximum extent practicable, consistent with the project’s ecological restoration goals, all the performance standards for Bank and Land Under Water Bodies and Waterways.

The project meets the requirements of 310 CMR 10.12(1) and (2) and a wildlife habitat evaluation is not included in the NOI.

Tidal Restoration Project

Restores tidal flow.

the project, including any proposed flood mitigation measures, will not significantly increase flooding or storm damage to the built environment, including without limitation, buildings, wells, septic systems, roads or other man-made structures or infrastructure.

noiappa.doc • rev 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

MassDEP File Number

Document Transaction Number

Provincetown City/Town

Eligibility Criteria - Inland Ecological Restoration Limited Project (310 CMR 10.53(4)) (cont.)

Other Ecological Restoration Projects that meet the criteria set forth in 310 CMR 10.53 (4)

(a) through (d).

Restoration, enhancement, or management of Rare Species habitat.

Restoration of hydrologic and habitat connectivity.

Removal of aquatic nuisance vegetation to impede eutrophication.

Thinning or planting of vegetation to improve habitat value.

Riparian corridor re-naturalization.

River floodplain re-connection.

In-stream habitat enhancement.

Fill removal and re-grading.

Flow restoration.

Installation of fish passage structures.

Invasive species management.

Other. Describe:

This project involves the construction, repair, replacement or expansion of public or private infrastructure. (310 CMR 10.53(7))

The NOI attachment labeled is an operation and maintenance plan to ensure that the infrastructure will continue to function as designed.

The operation and maintenance plan will be implemented as a continuing condition in the Order of Conditions and the Certificate of Compliance.

This project replaces an existing stream crossing (310 CMR 10.53(8)). The crossing type:

Replaces an existing non-tidal crossing designed to comply with the Massachusetts Stream Crossing Standards to the maximum extent practicable with details provided in the NOI.

Replaces an existing tidal crossing that restricts tidal flow. The tidal restriction will be eliminated to the maximum extent practicable.

noiappa.doc • rev 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

MassDEP File Number

Document Transaction Number

Provincetown City/Town

Eligibility Criteria - Inland Ecological Restoration Limited Project (310 CMR 10.53(4)) (cont.)

At a minimum, in evaluating the potential to comply with the standards to the maximum extent practicable the following criteria have been consider site constraints in meeting the standard, undesirable effects or risk in meeting the standard, and the environmental benefit of meeting the standard compared to the cost, by evaluating the following:

The potential for downstream flooding;

Upstream and downstream habitat (in-stream habitat, wetlands);

Potential for erosion and head-cutting;

Stream stability;

Habitat fragmentation caused by the crossing;

The amount of stream mileage made accessible by the improvements;

Storm flow conveyance;

Engineering design constraints specific to the crossing;

Hydrologic constraints specific to the crossing;

Impacts to wetlands that would occur by improving the crossing;

Potential to affect property and infrastructure; and

Cost of replacement.

noiappa.doc • rev 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

MassDEP File Number

Document Transaction Number

Provincetown City/Town

Required Actions (310 CMR 10.11) Complete the Required Actions before submitting a Notice of Intent Application for an Ecological Restoration Project and submit a completed copy of this Checklist with the Notice of Intent.

Massachusetts Environmental Policy Act (MEPA) / Environmental Monitor http://www.mass.gov/eea/agencies/mepa/submitting-notices-to-the-environmental-monitor.html

For Ecological Restoration Limited Projects, there are no changes to MEPA requirements.

Submit written notification at least 14 days prior to the filing of a Notice of Intent (NOI) to the Environmental Monitor for publication. A copy of the written notification is attached and provides at minimum:

A brief description of the proposed project.

The anticipated NOI submission date to the conservation commission.

The name and address of the conservation commission that will review the NOI.

Specific details as to where copies of the NOI may be examined or acquired and where to obtain the date, time, and location of the public hearing.

Massachusetts Endangered Species Act (MESA) /Wetlands Protection Act Review

Preliminary Massachusetts Endangered Species Act Review from the Natural Heritage and Endangered Species Program (NHESP) has been met and the written determination is attached.

Supplemental Information for Endangered Species Review has been submitted.

1. Percentage/acreage of property to be altered:

a. Within Wetland Resource Area Percentage/acreage

b. Outside Wetland Resource Area Percentage/acreage

2. Assessor’s Map or right-of-way plan of site

3. 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.

4. Project description (including description of impacts outside of wetland resource area & buffer zone)

5. Photographs representative of the site

6. MESA filing fee (fee information available at http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_fee_schedule.htm) noiappa.doc • rev 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

MassDEP File Number

Document Transaction Number

Provincetown City/Town

Required Actions (310 CMR 10.11) (cont.)

Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP:

Natural Heritage & Endangered Species Program MA Division of Fisheries & Wildlife 1 Rabbit Hill Road Westborough, MA 01581

7. Projects altering 10 or more acres of land, also submit:

a. Vegetation cover type map of site

b. Project plans showing Priority & Estimated Habitat boundaries

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/eea/agencies/dfg/dfw/natural-heritage/regulatory-review/mass-endangered-species-act-mesa/; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59 – see C4 below)

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.

Estimated Habitat Map of State-Listed Rare Wetlands Wildlife

If a portion of the proposed project is 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), complete the portion below. To view habitat maps, see the Massachusetts Natural Heritage Atlas or view the maps electronically at: http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/regulatory-review

A preliminary written determination from Natural Heritage and Endangered Species Program (NHESP) must be obtained indicating that:

Project will NOT have long- or short-term adverse effect on the actual Resource Area located within estimated habitat indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetlands Wildlife published by NHESP.

Project will have long- or short-term adverse effect on the actual Resource Area located within estimated habitat indicated on the most recent Estimated Habitat Map of State- Listed Rare Wetlands Wildlife published by NHESP. A copy of NHESP’s written preliminary determination in accordance with 310 CMR 10.11(2) is attached. This specifies:

Date of the map:

noiappa.doc • rev 2/8/2018 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •

Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands

WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

MassDEP File Number

Document Transaction Number

Provincetown City/Town

Required Actions (310 CMR 10.11) (cont.)

If the Rare Species identified is/are likely to continue to be…