Attachment_H_3.3.a-c_Natural_Resources_353_Mill_River_Rd_FINAL_06-13-17.pdf

William H. Burman Aleita M. Burman

Licensed Professional Forester Certified Wetland Scientist

Master Arborist Certified Soil Scientist

Master Pesticide Applicator Licensed Site Evaluator

P.O. Box 145, Orrington, ME 04474 (207) 825-4050

16-054A

June 07, 2017

Oak Point Associates Attention: Kerry Peiser, Landscape Architect 231 Main Street Biddeford, ME 04005

Subject: Protected Natural Resources Report USCG Station, Jonesport, Maine

Housing Land Acquisition, Project #4490913 353 Mill River Road Harrington, Maine

Dear Kerry, We are pleased to present this Report of our Protected Natural Resources services in support of Housing Land Acquisition for the U.S. Coast Guard Station in Jonesport, Maine (Project #4490913). The purpose of our work was to conduct the services listed in the November 15, 2016 U.S. Coast Guard Statement of Work, Sections 3a: Wetlands

Delineation, 3b: Critical Habitat Assessment, and 3c: Coastal Zone Applicability on the approximately 28-acre property located at 353 Mill River Road in Harrington, Maine

(Tax Map 4, Lot 5) (i.e. the “site”).

This report is subject to the Limitations in Appendix A. Appendix B contains a Site

Location Map and Protected Natural Resources Plan. Appendix C contains color photographs. Appendix D contains Corps Wetland Data Forms. Appendix E contains copies of resource agency contact letters and database searches, as well as published mapping for the site.

Burman Land & Tree Company, LLC also conducted preliminary Protected Natural

Resources identification services on the site, reported on March 03, 2017.

1.0 Summary of Findings

Burman Land & Tree Company, LLC identified twelve areas of freshwater wetlands, one

Maine vernal pool indicator species breeding habitat (vernal pool), one tidally influenced stream and a coastal wetland on the site.

The Maine Natural Areas Program (MNAP) maps a salt-hay haymarsh community, which is ranked as “rare” in Maine, within the coastal wetland along the western site boundary. The Maine Department of Inland Fisheries and Wildlife (IF&W) maps a Tidal

Waterfowl and Wading Bird Habitat within the tidally influenced stream and coastal wetland along the western site boundary. IF&W also maps the site as within potential habitat of one or more of the three species of bats that are protected under the Maine

Endangered Species Act, and five species of bats that are listed as Species of Special

Concern. The U.S. Fish and Wildlife Service (US FWS) maps the site as being within the habitat of the Northern Long-eared Bat, which is a federally-listed threatened species, and the Atlantic Salmon, which is a federally-listed Endangered Species.

The site is within the Maine Coastal Zone. Coastal features on the site are the tidal stream and coastal wetland.

2.0 Site Location and Description

The approximately 28 acre site is located at 353 Mill River Road in Harrington, Maine. A

Site Location Map is attached in Appendix B. The site contains a residence and outbuildings in the northeastern corner of the property, near to Mill River Road. The remainder of the property is mostly field with areas of shrubby vegetation where the field is growing in and along the field edges. A tidally influenced stream and associated emergent coastal wetland is within and along the western boundary, and a small freshwater stream is outside of but near the eastern boundary of the site. The site is dominated by a northwest-southeast oriented topographic ridge with several erosional gullies that flow towards the eastern and western water features. The tidal stream turns southeastward beyond the southern property boundary and a few of the erosional gullies on the site flow to the south, towards this feature. Site slopes range from about 2 to 15 percent with locally steeper slopes in the gully sideslopes. The on-site stream flows south into the Mill River which flows into Flat Bay in the Atlantic Ocean, approximately 1.5 miles south of the site. We understand that the site’s fields may have been mined for topsoil in the past.

3.0 Section 3a: Wetlands Delineation

3.1 Field Visit

Burman Land & Tree Company, LLC visited the site on May 18 and 24, 2017 to identify and delineate field-observable Protected Natural Resources. Protected Natural

Resources were identified as defined by the Maine Department of Environmental

Protection1’2 (MDEP) and U.S. Army Corps of Engineers3 (Corps). Our wetland delineation services were conducted using the 1987 Corps Wetland Delineation

Manual4 and Northeast Regional Supplement5. Our stream identification was conducted using the MDEP Natural Resources Protection Act Statute and the Corps General

Permit. Our potential vernal pool identification was conducted using MDEP Chapter

3356, the 2014 Maine Association of Wetlands Scientist (MAWS) Vernal Pool Survey

Protocol, and the Corps General Permit.

We identified twelve areas freshwater wetland, one Maine vernal pool indicator species breeding habitat (vernal pool), a tidally influenced stream, and a coastal wetland on the site. A Protected Natural Resources Plan depicting these features is attached in

Appendix B.

Most of the site’s freshwater wetlands were located in the erosional gullies that flow east, west and south towards on and off site water features, with several relatively small wetland areas located in local topographic depressions in the field. The wetlands that had similar characteristics will be described together in this report.

State of Maine, Department of Environmental Protection, Natural Resources Protection Act Statute, 38 M.R.S.A. §480-A to 480- HH, DEPLW284-W2010, Revised August 12, 2011.

State of Maine, Department of Environmental Protection, Natural Resources Protection Act, Wetlands and Waterbodies Protection

Rules, Chapter 310DEPLW0297-D2009, Revised January 26, 2009.

United States Department of the Army, General Permit, State of Maine, Effective: October 13, 2015 to October 13, 2020.

Environmental Laboratory. 1987. “Corps of Engineers Wetland Delineation Manual”, Technical Report Y-87-1, U.S. Army

Engineers Waterways Experiment Station, Vicksburg, Miss.

U.S. Army Corps of Engineers. 2011. Regional Supplement to the Corps of Engineers Wetland Delineation Manual:Northcentral and Northeast Region (Version 2.0), ed. J. S. Wakeley, R. W. Lichvar, C. V. Noble, and J. F. Berkowitz.ERDC/EL TR-12-1.

Vicksburg, MS: U.S. Army Engineer Research and Development Center.

State of Maine, Department of Environmental Protection, Chapter 335 Significant Wildlife Habitat, amended January 7, 2014.

Wetlands A, E, F, G, H, I, J, L, M, O, P and the field portions of B, were emergent wetlands located in agricultural field with greater than 50% hydrophytic vegetation.

These wetlands were dominated by moss and grasses, including meadow foxtail

(Alopecurus pratensis), with other species such as timothy (Phleum pretense), Virginia strawberry (Fragaria virginiana), whorled bedstraw (Galium mollugo), cow vetch (Viccia cracca), creeping buttercup (Ranunculus repens), goldenrods (Solidago spp.), sedges

(Carex sp.), rushes (Juncus sp.), field horsetail (Equisetum arvense), and clover

(Trifolium repens). Observed soils in test pits and auger borings in these wetlands generally consisted of 2 inches of dark, friable silt loam textured soil, underlain by 10 inches of depleted and mottled silt loam textured soil, underlain by greater than 10 inches of firm, depleted and mottled silt loam textured soil. Soils in the wetlands are closest to classification as Soil Indicator F3: Depleted Matrix. The Primary Hydrology

Indicator observed was A3: Saturation.

Wetlands C/K, D, N, and Q were scrub-shrub and emergent wetlands located in grown in areas of old field with greater than 50% hydrophytic vegetation. These wetlands were dominated by shrub sized tree species such as eastern larch (Larix laricina) and white pine (Pinus strobus), shrubs such as speckled alder (Alnus incana) and meadowsweet

(Spiraea latifolia), and herbaceous vegetation as described above for the emergent wetlands. Observed soils in test pits and auger borings in these wetlands generally consisted of 8 inches of dark, mottled friable silt loam textured soil, underlain by 4 inches of depleted and mottled silt loam textured soil, underlain by greater than 10 inches of firm, depleted and mottled silt loam textured soil. Soils in the wetlands are closest to classification as Soil Indicator F3: Depleted Matrix. The Primary Hydrology

Indicator observed was A3: Saturation.

We identified a Maine Vernal Pool Indicator Species Breeding Area (vernal pool) within

Wetland M, labeled IBA 1. IBA 1 contained 12 hatching and hatched wood frog egg masses, as well as wood frog tadpoles, at the time of our site visit. We did not observe any of the other three Maine Vernal Pool Indicator species in the pool. The pool was approximately 15 feet wide by 30 feet long by approximately 1 foot deep, with an up to about 4 -6 foot smaller deep area, at the time of our site visit. The vernal pool appeared man-made as there was a spoil pile next to it and it was very deep for being located in an old agricultural field environment.

Wetland B also contained a tidally influenced stream with associated emergent coastal

(intertidal estuarine) wetland. The stream bottom appeared to be subtidal, and the associated coastal wetland was intertidal. The creek was within a deep, steep sided channel that ranged up to about 15 feet wide where on the site.

The coastal wetland was relatively wide, ranging from about 25 to 100 feet wide on either side of the stream. The coastal wetland was vegetated with what appeared to be classic salt marsh vegetation including saltmeadow cordgrass (Spartina patens), smooth cordgrass (Spartina alterniflora), and/or black-grass (Juncus gerardii). Soils in the coastal wetland were gleyed and mottled silt loam over silty clay loam textured soils.

Soils in the wetland appear closest to classification as Soil Indicator F2: Loamy Gleyed

Matrix. A Primary Hydrology Indicator observed was A3: Saturation.

We did not identify other field-observable Protected Natural Resources on the site.

Wetland boundaries were located using a mapping grade Trimble GPS. The GPS data was overlaid onto the base map provided by Oak Point Associates, which was used to make the Protected Natural Resources Plan attached in Appendix B. The base map included the Highest Annual Tide (HAT) line as determined by the project surveyors, as well as the stream location.

3.2 Review of Published Mapping

Burman Land & Tree Company, LLC contacted and/or accessed the databases of natural resource agencies to identify if there are Threatened, Endangered, Significant or

Essential species and/or habitats mapped on the site. Agencies we contacted included the U.S. Fish and Wildlife Service (US FWS), Maine Department of Inland Fisheries and

Wildlife (IF&W), and Maine Natural Areas Program (MNAP). Response letters and/or database searches are included in Appendix E.

The MNAP response letter dated January 24, 2017 states that “353 Mill River Road, Map 4 Lot 5, intersects with a rare natural community, salt-hay saltmarsh.” According to the MNAP, the salt-hay saltmarsh community is ranked as S3 or “Rare” in Maine, and

G5 or “demonstrably secure globally”. The MNAP response letter recommends

“avoiding development of the Shoreland Zone (250’ from the tidal marsh edge) and maintaining natural vegetative cover in that area.”

According to the IF&W response letter and map, dated January 24, 2017, IF&W maps a

Tidal Waterfowl and Wading Bird Habitat (TWWH), which is a Significant Wildlife

Habitat, in the tidal stream and coastal wetland along the western site boundary. IF&W recommends that their Region C wildlife staff be contacted “to discuss methods to avoid or limit impacts to these wildlife resources should any work be planned in or adjacent to this habitat.” IF&W also maps eight bat species as potentially on the site. Of these, three are protected under the Maine Endangered Species Act, and five are listed as being of Special Concern in Maine. IF&W recommends that the US FWS be contacted regarding the bat habitat as one of the state listed bats is also listed as Threatened under the federal Endangered Species Act. IF&W does “not anticipate significant impacts to any of the bat species as a result of this project.” IF&W did not map any

Essential Habitats or fisheries habitats “that would be directly affected by (the) project.”

The US FWS database, accessed on February 13, 2017, indicates that two federally-listed species “should be considered as part of an effect analysis for this project”; the

Endangered Atlantic Salmon and the Threatened Northern Long-eared Bat. If the project will require a federal permit or will use federal funding, the federal action agency will determine if there are concerns regarding the project affecting this mapped habitat.

Generally, Atlantic Salmon are a concern if streams or near-stream areas are to be disturbed. Generally, bats are a concern if the site is near a known hibernacula or brooding tree, or if trees will be cut between about April 1 to October 15.

Burman Land & Tree Company, LLC also reviewed available published mapping for the site including USGS topographic mapping, U.S. Fish and Wildlife National Wetland

Inventory (NWI), U.S. Emergency Management Agency flood hazard mapping (FEMA), and U.S. Natural Resources Conservation Service (NRCS) soil mapping, as available, to provide an indication of potential areas of protected natural resources on the property. Copies of these maps are included in Appendix E.

The NWI maps the tidal stream along the western site boundary as an estuarine, subtidal, unconsolidated bottom wetland with a subtidal water regime (E1UBL); and the adjacent estuarine wetland as an estuarine, intertidal, emergent, persistent wetland with an irregularly flooded water regime (E2EM1P). NWI maps forested wetlands to the west of the tidal creek, which may extend onto the property but are likely adjacent. The

NWI maps Cole Creek, with scrub-shrub wetlands along it, to the east of the site.

The NRCS Soil Survey maps the central ridge and upper sideslopes on the site as

Lamoine-Buxton-Scantic complex, 0-8 percent slopes; the lower ridge sideslopes as

Buxton silt loam, 8 to 15 percent slopes; and areas adjacent and within the tidal stream as Lamoine-Buxton-Scantic complex, 0-15 percent slopes. Scantic soils are classified as hydric soils, which are a component of wetlands.

The USGS topographic map shows the tidal stream and Cole Creek along the western and eastern site boundaries (respectively). According to the FEMA map, most of the site is in an area of Low to Moderate Risk for flooding (Zone C), with the area along the tidal creek mapped as a High Risk Area for flooding (Zone A).

3.3 Classification

Based on the Cowardin Classification system7, we classified the freshwater wetlands identified on the site as PEM1E or palustrine, emergent, persistent wetlands with a seasonally saturated water regime in the field areas; and as PSS1E or palustrine, scrub-shrub wetlands with a seasonally saturated water regime in the shrubby overgrown field areas and along the field borders. The tidal stream is classified as a riverine, tidal, unconsolidated bottom, mud stream with a subtidal water regime

(R1UB3L), and the adjacent estuarine areas to the Highest Annual Tide line as an estuarine, intertidal, emergent, persistent wetland with an irregularly flooded water regime (E2EM1P).

Based on MDEP Natural Resources Protection Act definitions the tidal stream, its associated coastal wetland (as measured to the Highest Annual Tide line), freshwater wetlands, and Significant Wildlife Habitat are Protected Natural Resources. The coastal wetlands are classified as MDEP “Wetlands of Special Significance”. The freshwater

Cowardin, et al. 1979. United States, Fish and Wildlife Service, “Classification of Wetlands and Deepwater

Habitats of the United States”. Biological services program ; FWS/OBS-79/31) FWS/OBS-79/31 . QH76.U54a 79/31

[QH104] 574.5'0973s [574.5'2632] 79-607795 wetlands, where located within 250 feet of the highest annual tide line of the coastal wetland, where within the FEMA mapped 100-year flood boundary, where within 25 feet of the stream, where they contain ≥20,000 ft² of emergent marsh vegetation (including the coastal wetland), and/or where they contain the Significant Wildlife Habitat, meet classification as MDEP “Wetlands of Special Significance”. The remainder of wetlands on the site meet classification as MDEP “Wetlands Not of Special Significance”.

The vernal pool (IBA 1) within Wetland M meets both Corps and MDEP definitions of a vernal pool. The vernal pool does not, however, meet MDEP classification as a

“Significant” vernal pool due to the lack of abundance criteria, and its apparent man-made status. Therefore, IBA 1 is not jurisdictional to the MDEP. The pool is, however, jurisdictional to the Corps if wetland alteration for the project triggers federal jurisdiction.

This determination can be “locked in” with IF&W by submitting a Maine State Vernal

Pool Assessment Form, with required attachments, to them.

3.4 Stormwater Implications

Potential future implications of natural resources for stormwater that apply to the property are related to limits of disturbance and increased erosion control measures.

The various permitting zones and setbacks that apply to this property are shown in

Table 1 in Section 6. Should the limits of disturbance required for stormwater encroach into the permitting zones and setbacks identified, permit applications and increased erosion and sediment control measures will be required. The type of permit required will depend on the nature and location of the disturbance.

4.0 Critical Habitat Assessment (Section 3b)

Burman Land & Tree Company, LLC accessed the database of the U.S. Fish and

Wildlife Service (US FWS) to determine if there are mapped birds protected under the

Migratory Bird Treaty Act, and plants or animals listed under the Endangered Species

Act, or the Migratory Bird Treaty Act on the site. A copy of the US FWS Trust Resources

Report, which is for information purposes only (as opposed to the official species list consulted for our services in Section 3.2), is included in Appendix E.

The US FWS Trust Resources Report, generated on November 25, 2016, indicates that the Endangered Atlantic Salmon and the Threatened Northern Long-eared Bat “may occur or could potentially be affected by activities in this location.” As stated previously, generally, Atlantic salmon are a concern if streams or near-stream areas are to be disturbed. Generally, bats are a concern if the site is near a known hibernacula or brooding tree, or if trees will be cut between about April 1 to October 15.

The US FWS Trust Services Report also lists several species of migratory birds protected under the Migratory Bird Treaty Act that “could potentially be affected by activities in this location”, including the American Bittern, Bald Eagle, Bay-breasted

Warbler, Black-billed Cuckoo, Canada Warbler, Great Cormorant, Hudsonian Godwit, Least Bittern, Least Tern, Nelson’s Sparrow, Olive-sided Flycatcher, Peregrine Falcon, Pied-billed Grebe, Purple Sandpiper, Short-eared Owl, Upland Sandpiper, Willow

Flycatcher, Wood Thrush and Yellow Rail. A bird species and habitat study would need to be performed on this site to determine if these species are using (or have the potential to use) this site, and if they would be affected by the proposed development.

5.0 Coastal Zone Applicability (Section 3c)

Burman Land & Tree Company, LLC consulted the Maine Department of Agriculture, Conservation and Forestry, Maine Coastal Program, to determine if the site is located within the Maine Coastal Zone or in an area that could affect the state’s coastal uses and resources, and to determine if and where any specific coastal features as defined by the Maine Coastal Program are located on site.

According to the Maine Coastal Program’s Coastal Zone map, all of Harrington, Maine is located within the Maine Coastal Zone. Specific coastal features identified on this site include the tidal stream and its adjacent estuarine areas to the highest annual tide line

(as defined by the MDEP), which are located along the western site boundary. These features are protected under both MDEP (state) and U.S. Army Corps of Engineers

(federal) regulations. Adjacent uplands and wetlands to this feature are also protected under MDEP (state) regulations.

A Federal Emergency Management Agency (FEMA) flood plain map of the site, prepared by Oak Point Associates, that clearly identifies flood plains and velocity zone boundaries is located in Appendix E. A portion of the property near the tidal stream is located in Flood Hazard Zone A which is described as being “Areas of the 100-year flood; base flood elevations and flood hazard factors undetermined.” The flood zone associated with this property is not identified as being in any velocity (wave action) zones.

6.0 General Permitting Information

Freshwater wetlands, Significant Wildlife Habitats (tidal waterfowl/wading bird, Atlantic salmon and some bat habitats), and coastal wetlands are protected by the MDEP and/or the U.S. Army Corps of Engineers. Alterations to these features, or within certain setback distances from some of these features, generally require a permit from these agencies, the type of permit dependent on the amount and type of alteration. Table 1, below, presents general permitting information and setbacks based on our understanding of the project and general residential development scenarios.

Table 1: Corps and MDEP Permitting Zones and Setbacks¹ ²

Resource Feature Permitting Zones and Setbacks

0’ (including alteration within resource)

25’ 75’ 250’

Streams Corps Category 2 (unless crossing) includes USFWS

Atlantic Salmon Review.

MDEP NRPA Individual

Permit (unless crossing)

MDEP NRPA

Individual Permit

MDEP NRPA

Permit-By-Rule

Notification

N/A

IBA Corps Category 2

Permit for regulated IBA’s

Corps Category 2

MDEP Permit-By-

Rule Notification

(following management guidelines)

MDEP Individual

Permit (unable to follow management guidelines for regulated IBA’s

(following management guidelines)

MDEP Individual

Permit (unable to follow management guidelines for regulated IBA’s

Corps Category 1

(following management guidelines w/in

750’) / Category 2

(unable to follow management guidelines w/in

750’)

(following management guidelines)

MDEP Individual

Permit (unable to follow management guidelines for

0’ (including alteration within resource)

25’ 75’ 250’

Coastal Wetlands Corps Category 2.

Permit

MDEP NRPA

Individual Permit

MDEP NRPA

Permit-By-Rule

Notification

Municipal

Shoreland Zone

(development restrictions)

TWWH MDEP NRPA Individual

Permit

MDEP NRPA

Individual Permit

MDEP NRPA

Permit-By-Rule

Notification

N/A

MNAP S3

Community

No disturbance recommended

No disturbance recommended

No disturbance recommended

MDEP WNSS Corps Category 1 (<15,000 ft² with no trees cut) /

Category 2 (≥15,000 ft² and/or trees cut) / Individual

Permit (≥3 acres). Cat 2 and

Individual includes USFWS

Northern Long-Eared Bat

Review.

MDEP NRPA Exempt (0 -

≤4300 ft² ) / NRPA Tier 1

(>4300 ft² - <15,000 ft²) /

NRPA Tier 2 (≥15,000 ft² -

<1 acre) / NRPA Tier 3 (≥1 acre). ≥15,000 ft² = compensation

N/A N/A N/A

MDEP WOSS Corps same as above.

MDEP Individual Permit, ≥500 ft² = compensation

(Can be waived to Tier level by MDEP in certain circumstances)

MDEP NRPA

Individual Permit for adjacency to certain wetland types (Can be waived to Tier level by MDEP in certain circumstances)

MDEP NRPA

Permit-By-Rule

Notification for adjacency to certain wetland types

N/A

1. Assumes resource alteration for residential development with no stream or coastal wetland crossings.

2. Simplified based on general development scenarios.

If the project will trigger MDEP Site Location of Development permitting, other setbacks may apply to the on-site resource features, especially due to the existence of the Tidal

Waterfowl and Wading Bird Habitat and the coastal wetland.

We recommend that the Town of Harrington be contacted during the planning process for the project if natural resources are proposed to be altered. We anticipate that Oak

Point Associates will conduct this review. We assume that the coastal wetland is within

Town of Harrington Shoreland Zoning, which generally limits activities within 250 feet of the resource boundary.

In general, Coastal Zone review is part of MDEP NRPA permitting.

7.0 Findings and Recommendations

Burman Land & Tree Company, LLC conducted the services listed in the November 15, 2016 U.S. Coast Guard Statement of Work, Sections 3a: Wetlands Delineation, 3b:

Critical Habitat Assessment, and 3c: Coastal Zone Applicability on the approximately

28-acre property located at 353 Mill River Road in Harrington, Maine (Tax Map 4, Lot 5).

Wetland Delineation (Section 3a): We identified twelve freshwater wetlands on the site, located mostly in erosional gullies that flow towards water features to the west, south and east, and in several relatively small areas located in local topographic depressions in the field area. We identified a vernal pool within one of the local topographic depressions in the field area. We identified a tidal stream and associated coastal wetlands along the western site boundary. The stream, freshwater and coastal wetlands are Protected Natural Resources. The coastal wetlands; and the freshwater wetlands, where located within 250 feet of the highest annual tide line of the coastal wetland, where within the FEMA mapped 100-year flood boundary, where within 25 feet of the stream, where they contain ≥20,000 ft² of emergent marsh vegetation, and/or where they contain Significant Wildlife Habitat, meet classification as MDEP “Wetlands of Special Significance”. The remainder of wetlands on the site meet classification as

MDEP “Wetlands Not of Special Significance”. The vernal pool does not meet MDEP classification as a “Significant Vernal Pool”, however, it does meet Corps definition of a vernal pool and is jurisdictional to them if wetland alteration is proposed for the project.

The Maine Natural Areas Program (MNAP) maps a salt-hay saltmarsh vegetative community, ranked as S3 or “rare” in Maine, and G5 or “demonstrably secure globally”, on the western side of the site, associated with the tidal stream and coastal wetland.

The MNAP recommends “avoiding development of the Shoreland Zone (250’ from the tidal marsh edge) and maintaining natural vegetative cover in that area.”

The Maine Department of Inland Fisheries and Wildlife (IF&W) maps a Tidal Waterfowl and Wading Bird Habitat (TWWH), which is a Significant Wildlife Habitat, in the tidal stream and coastal wetland on the western site boundary. IF&W recommends that their

Region C wildlife staff be contacted “to discuss methods to avoid or limit impacts to these wildlife resources should any work be planned in or adjacent to this habitat.”

IF&W also maps the site as within potential habitat of one or more of the eight species of bats that are currently Endangered, Threatened or species of Special Concern in

Maine. IF&W recommends that the USFWS be consulted regarding the bat habitat.

The US FWS maps the site as being within the habitat of the Northern Long-eared Bat, which is a federally listed Threatened species, and the Atlantic Salmon, a federally listed Endangered species. If the project will require a federal permit or will use federal funding, the federal action agency will determine if there are concerns regarding the project affecting these mapped habitats. Generally, Atlantic salmon are a concern if in-stream or near stream work will occur. Generally, bats are a concern if the site is near a known hibernacula or brooding tree, or if trees will be cut between about April 1 to

October 15.

If development is planned on the site that will alter freshwater wetlands, will include in-stream or soil/vegetation disturbance within 75 feet of the stream; will include coastal wetland alterations or alterations within 250 feet of the coastal wetland; will include alterations within 75 feet of wetlands that contain the coastal wetland; will include alterations to the Significant Wildlife Habitat; or involves tree cutting between about April

1 to October 15; we recommend that a pre-application meeting be held with the MDEP and Corps to discuss the project and potential permitting requirements. WE also recommend that a Maine State Vernal Pool Assessment Form, with required attachments, be submitted to IF&W if development is planned on the property.

Critical Habitat Assessment (Section 3b): The US FWS indicates that the Endangered

Atlantic Salmon and the Threatened Northern Long-Eared Bat “may occur or could potentially be affected by activities in this location.” As stated previously, generally, Atlantic salmon are a concern if streams or near-stream areas are to be disturbed.

Generally, bats are a concern if the site is near a known hibernacula or brooding tree, or if trees will be cut between about April 1 to October 15.

The US FWS also indicates that several species of migratory birds protected under the

Migratory Bird Treaty Act “could potentially be affected by activities in this location”, including the American Bittern, Bald Eagle, Bay-breasted Warbler, Black-billed Cuckoo, Canada Warbler, Great Cormorant, Hudsonian Godwit, Least Bittern, Least Tern, Nelson’s Sparrow, Olive-sided Flycatcher, Peregrine Falcon, Pied-billed Grebe, Purple

Sandpiper, Short-eared Owl, Upland Sandpiper, Willow Flycatcher, Wood Thrush and

Yellow Rail. A bird species and habitat study would need to be performed on this site to determine if these species are using (or have the potential to use) this site, and if they would be affected by the proposed development.

Coastal Zone Applicability (Section 3c): The site is within Maine’s Coastal Zone. The tidal stream and associated coastal wetland are on-site coastal features located along the western site boundary. A portion of the property near Cole Creek is located in Flood

Hazard Zone A which is described as being “Areas of the 100-year flood; base flood elevations and flood hazard factors undetermined.” The flood zone associated with this property is not identified as being in any velocity (wave action) zones.

8.0 Closure

We appreciate the opportunity to assist you during this phase of your project. If you have any questions, please contact me.

Sincerely, Burman Land & Tree Company, LLC

Aleita M. Burman, C.W.S., C.S.S., L.S.E.

Senior Wetland Scientist

Appendix A

Limitations

Appendix A – Limitations

The scope of Burman Land & Tree Company, LLC services has been limited to the services listed in the November 15, 2016 U.S. Coast Guard Statement of Work, Sections 3a: Wetlands Delineation, 3b: Critical Habitat Assessment, and 3c: Coastal

Zone Applicability on the approximately 28-acre property located at 353 Mill River Road in Harrington, Maine (Tax Map 4, Lot 5). The Report has been prepared for the exclusive use of Oak Point Associates and the U.S. Coast Guard. No warranty, expressed or implied, is made. The conclusions made in this report are based on the data obtained from the areas explored at the time of services.

Appendix B

Site Location Map

Protected Natural Resources Plan

N O

T E

S

T h is

P ro te c te d N a tu ra l R e so u rc e s

P la n d e ta ils t h e fin d in g s o f P ro te c te d N a tu ra l R e so u c e id e n tif ic a tio n a d d e lin e a tio n s e rv ic e s c o n d u c te d b y B u rm a n L a n d a n d

T re e C o m p a n y, L L C a t th e

M ill

R iv e r

R o d

R e so u rc e f e a tu re s sh o w n o n t h is

P la n w e re id e n tif ie d d d e lin e a te d o n M a y a n d p ro p e rt y in

H a rr in g to n

M a in e

T h e P ro te c te d N a tu ra l d a te d

J u n e

T h is

P la n is f o r p la n n in g a n d r e so u rc e

T h is p la n s h o u ld b e u se d in c o n ju n c tio n w ith t h e B u rm a n

L a n d

T re e C o m p a n y, L L C

P ro te c te d N a tu ra l R e so u rc e s

R e p o rt re c e iv r.

T h e G

P S d a ta w a s o ve rl a id o n to a b a se m a p p ro vi d e d b y a lte ra tio n p e rm itt in g p u rp o se s o n ly

R e so u rc e f e a tu re s w e re lo c a te d u si n g a T ri m b le m a p p in g g ra d e G

P S

P la n

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P ro te c te d N a tu ra l R e so u rc e s

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USCG Housing Land Acquisition, #4490913

353 Mill River Road, Harrington, Maine

For Oak Point Associates, Inc.

BLT#16-054A June 07, 2017 Sheet B-3

Table 1: Corps and MDEP Permitting Zones and Setbacks¹ ²

0’ (including alteration within resource)

25’ 75’ 250’

Streams Corps Category 2 (unless crossing) includes USFWS

Atlantic Salmon Review.

Permit (unless crossing)

MDEP NRPA

Individual Permit

MDEP NRPA

Permit-By-Rule

Notification

IBA Corps Category 2

Permit for regulated IBA’s

(following management guidelines)

MDEP Individual

Permit (unable to follow management guidelines for

(following management guidelines)

MDEP Individual

Permit (unable to follow management guidelines for regulated IBA’s

Corps Category 1

(following management guidelines w/in

750’) / Category 2

(unable to follow management guidelines w/in

750’)

(following management guidelines)

MDEP Individual

Permit (unable to follow management guidelines for within resource)

25’ 75’ 250’

Coastal Wetlands Corps Category 2.

Permit

MDEP NRPA

Individual Permit

MDEP NRPA

Permit-By-Rule

Notification

Municipal

Shoreland Zone

(development restrictions)

TWWH MDEP NRPA Individual

Permit

MDEP NRPA

Individual Permit

MDEP NRPA

Permit-By-Rule

Notification

N/A

MNAP S3

Community

No disturbance recommended

USCG Housing Land Acquisition, #4490913

For Oak Point Associates, Inc.

BLT#16-054A June 07, 2017 Sheet B-3 within resource)

25’ 75’ 250’

MDEP WNSS Corps Category 1 (<15,000 ft² with no trees cut) /

Category 2 (≥15,000 ft² and/or trees cut) / Individual

Permit (≥3 acres). Cat 2 and

Individual includes USFWS

Northern Long-Eared Bat

Review.

N/A N/A N/A

MDEP WOSS Corps same as above.

MDEP Individual Permit, ≥500 ft² = compensation

(Can be waived to Tier level by MDEP in certain circumstances)

MDEP NRPA

Individual Permit for adjacency to certain wetland types (Can be waived to Tier level by MDEP in certain circumstances)

MDEP NRPA

Permit-By-Rule

Notification for adjacency to certain wetland types

Appendix C

Color Photographs

USCG Housing Land Acquisition, #4490913 Appendix C, Sheet C-1

For Oak Point Associates, Inc.

Photo 1: Wetland A: PEM1E wetland (typical). Photograph taken May 18, 2017.

Photo 2: Wetland B: PEM1E wetland (typical). Photograph taken May 18, 2017.

USCG Housing Land Acquisition, #4490913 Appendix C, Sheet C-2

For Oak Point Associates, Inc.

Photo 3: Stream B: R1UB3L with Coastal Wetland: E2EM1P surrounding, contains IF&W Tidal

Waterfowl/Wading Bird Habitat and MNAP Salt-Hay Saltmarsh Community. Photograph taken May 18, 2017.

Photo 4: Wetland C/K: PSS1E wetland (typical). Photograph taken May 18, 2017.

USCG Housing Land Acquisition, #4490913 Appendix C, Sheet C-3

For Oak Point Associates, Inc.

Photo 5: Wetland D: PEM1E wetland (typical). Photograph taken May 18, 2017.

Photo 6: Wetland E: PEM1E wetland (typical). Photograph taken May 18, 2017.

USCG Housing Land Acquisition, #4490913 Appendix C, Sheet C-4

For Oak Point Associates, Inc.

Photo 7: Wetland F: PEM1E wetland (typical). Photograph taken May 18, 2017.

Photo 8: Wetland G: PEM1E wetland (typical). Photograph taken May 18, 2017.

USCG Housing Land Acquisition, #4490913 Appendix C, Sheet C-5

For Oak Point Associates, Inc.

Photo 9: Wetland H: PEM1E wetland (typical). Photograph taken May 18, 2017.

Photo 10: Wetland I: PEM1E wetland (typical). Photograph taken May 18, 2017.

USCG Housing Land Acquisition, #4490913 Appendix C, Sheet C-6

For Oak Point Associates, Inc.

Photo 11: Wetland J: PEM1E wetland (typical). Photograph taken May 18, 2017.

Photo 12: Wetland L: PEM1E wetland (typical). Photograph taken May 18, 2017.

USCG Housing Land Acquisition, #4490913 Appendix C, Sheet C-7

For Oak Point Associates, Inc.

Photo 13: Wetland M: PEM1E wetland (typical). Photograph taken May 18, 2017.

Photo 14: IBA 1 within Wetland M. Wood frog egg masses in center. Photograph taken May 18, 2017.

USCG Housing Land Acquisition, #4490913 Appendix C, Sheet C-8

For Oak Point Associates, Inc.

Photo 15: Wetland N: PSS1E/PEM1E wetland (typical). Photograph taken May 18, 2017.

Photo 16: Wetland O: PEM1E wetland (typical). Photograph taken May 18, 2017.

USCG Housing Land Acquisition, #4490913 Appendix C, Sheet C-9

For Oak Point Associates, Inc.

Photo 17: Wetland P: PEM1E wetland (typical). Photograph taken May 24, 2017.

Photo 18: Wetland Q: PSS1E/PEM1E wetland (typical). Photograph taken May 24, 2017.

USCG Housing Land Acquisition, #4490913 Appendix C, Sheet C-10

For Oak Point Associates, Inc.

Photo 19: Wetland Data Form DF G-1 WET. Photograph taken May 24, 2017.

Photo 20: Wetland Data Form DF N-1 WET. Photograph taken May 24, 2017.

USCG Housing Land Acquisition, #4490913 Appendix C, Sheet C-11

For Oak Point Associates, Inc.

Photo 21: Data Form DF UPL. Photograph taken May 24, 2017.

Photo 22: Man-Made Farm Pond. Photograph taken May 18, 2017.

Appendix D

Corps Wetland Data Forms

Slope (%):

NWI Classification:

Are climatic/hydrologic conditions of the site typical for this time of the year?

Are vegetation , soil , or hydrology significantly disturbed?

Are vegetation , soil , or hydrology naturally problematic?

(If needed, explain any answers in remarks)

Hydrophytic vegetation present? Is the sampled area within a wetland?

Hydric soil present?

Indicators of wetland hydrology present? If yes, optional wetland site ID:

Remarks: (Explain alternative procedures here or in a separate report.)

Primary Indicators (minimum of one is required; check all that apply)

X

Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available:

Remarks:

Other (Explain in Remarks)

DF G-1 WETSampling Point:

None none, sloped fieldsideslope

Presence of Reduced Iron (C4)

SUMMARY OF FINDINGS

Y

Y

Y

X

Algal Mat or Crust (B4)

Drift Deposits (B3)

Sediment Deposits (B2)

Inundation Visible on Aerial

Imagery (B7)

Sparsely Vegetated Concave

Surface (B8)

Yes

Marl Deposits (B15)

Water Marks (B1)

Saturation (A3)

Project/Site: City/County:

Applicant/Owner: State:

Harrington/Washington

Recent Iron Reduction in Tilled

Soils (C6)

Oxidized Rhizospheres on Living

Roots (C3)

Hydrogen Sulfide Odor (C1)

Thin Muck Surface (C7)

1152891.006

Investigator(s):

~7% 340101.554 Long.:

Saturation Visible on Aerial Imagery

(C9)

Iron Deposits (B5)

Secondary Indicators (minimum of two required)

Aquatic Fauna (B13)

Water-Stained Leaves (B9) Surface Soil Cracks (B6)

Drainage Patterns (B10)

05/24/17Sampling Date:353 Mill River Road

USCG Maine

Geomorphic Position (D2)

Dry-Season Water Table (C2)

Crayfish Burrows (C8)

Stunted or Stressed Plants (D1)

Aleita Burman Section, Township, Range:

Datum: NAD 83

Yes (If no, explain in remarks)

X Are "normal circumstances" present?

Soil Map Unit Name:Buxton silt loam, 8-15% slopes

Landform (hillslope, terrace, etc.): Local relief (concave, convex, none):

Lat.:

High Water Table (A2)

Surface Water (A1)

WETLAND DETERMINATION DATA FORM - Northcentral and Northeast Region

Wetland G

N/A

6"

Yes X

Site is old farm field - was apparently mined for topsoil in the past.

Y

HYDROLOGY

Moss Trim Lines (B16)

No Depth (inches): 0"

Shallow Aquitard (D3)

No

Microtopographic Relief (D4)

FAC-Neutral Test (D5)

No

Indicators of wetland hydrology present? Y

Yes

(includes capillary fringe)

Field Observations:

Surface water present?

Water table present?

Saturation present?

Depth (inches):Yes X

X Depth (inches):

US Army Corps of Engineers Northcentral and Northeast Region

50/20 Thresholds

Tree Stratum

1 Sapling/Shrub Stratum

2 Herb Stratum

3 Woody Vine Stratum

5 Dominance Test Worksheet

8 (A)

10 (B)

= Total Cover

(A/B)

1 Prevalence Index Worksheet

2 Total % Cover of:

3 OBL species x 1 =

4 FACW species x 2 =

5 FAC species x 3 =

6 FACU species x 4 =

7 UPL species x 5 =

8 Column totals (A) (B)

9 Prevalence Index = B/A =

= Total Cover

Hydrophytic Vegetation Indicators:

Rapid test for hydrophytic vegetation

X Dominance test is >50%

1 Prevalence index is ≤3.0*

= Total Cover

= Total Cover

Remarks: (Include photo numbers here or on a separate sheet)

Problematic hydrophytic vegetation*

(explain)

50%20%

Number of Dominant

Species that are OBL, FACW, or FAC:

Percent of Dominant

Species that are OBL, FACW, or FAC:

Total Number of Dominant

Species Across all Strata:

Sampling Point: DF G-1 WETVEGETATION - Use scientific names of plants

Morphogical adaptations* (provide supporting data in Remarks or on a separate sheet)

1 N

Trifolium repens

FACUFragaria virginiana

3 N FACU

Ranunculus acris 15 Y FAC

Alopecurus pratensis (assumed) 15 Y FAC

Dominant

Species

N

Indicator

Status

Woody Vine

Stratum Plot Size ( N/A )

Absolute

% Cover

Dominant

Species

15 Y FACU

Carex sp 3 N FAC

Galium mollugo

Indicator

Status

Euthamia graminifolia 20 Y FAC

Herb Stratum Plot Size ( 5' ) Absolute

% Cover

FACW

Spiraea latifolia

Larix laricina 5 Y FACW

Species

Indicator

Status

Abies balsamea 10 Y FAC

Sapling/Shrub

Stratum Plot Size ( 15' )

Y

Hydrophytic vegetation present?

*Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic

Definitions of Vegetation Strata:

Tree - Woody plants 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height.

Sapling/shrub - Woody plants less than 3 in. DBH and greater than 3.28 ft (1 m) tall.

Herb - All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall.

Woody vines - All woody vines greater than 3.28 ft in height.

83.33%

3.10

Tree Stratum Plot Size ( 30'

Absolute

% Cover

Dominant

Species

Indicator

Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)

Indicators for Problematic Hydric Soils:

Histisol (A1) 2 cm Muck (A10) (LRR K, L, MLRA 149B

Histic Epipedon (A2) Coast Prairie Redox (A16) (LRR K, L, R)

Black Histic (A3) 5 cm Mucky Peat or Peat (S3) (LRR K, L, R)

Hydrogen Sulfide (A4) Dark Surface (S7) (LRR K, L

Stratified Layers (A5) Polyvalue Below Surface (S8) (LRR K, L)

Depleted Below Dark Suface (A11) Thin Dark Surface (S9) (LRR K, L)

Thick Dark Surface (A12) Loamy Gleyed Matrix (F2) Iron-Manganese Masses (F12) (LRR K, L, R)

Sandy Mucky Mineral (S1) X Depleted Matrix (F3) Piedmont Floodplain Soils (F19) (MLRA 149B)

Sandy Gleyed Matrix (S4) Redox Dark Surface (F6) Mesic Spodic (TA6) (MLRA 144A, 145, 149B)

Sandy Redox (S5) Depleted Dark Surface (F7) Red Parent Material (TF2)

Stripped Matrix (S6) Redox Depressions (F8) Very Shallow Dark Surface (TF12)

Other (Explain in Remarks)

*Indicators of hydrophytic vegetation and weltand hydrology must be present, unless disturbed or problematic

Restrictive Layer (if observed):

Remarks:

10YR 3/6 10 C M

M silt loam Bg: friable, saturated

12-20"+ 2.5Y 4/3 80 5Y 5/2 10

10YR 3/6

D M silt loam BC: firm

0-2" 100%2.5Y 4/2

80 5Y 5/2

Ap: friable, saturated

Remarks

10 D

Type*

Redox Features Texture silt loam

Color (moist) Color (moist) % Loc**

2-12" 2.5Y 4/3

Sampling Point: DF G-1 WETSOIL

*Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains

**Location: PL=Pore Lining, M=Matrix

10 C M

Depth

(Inches)

Matrix

Polyvalue Below Surface

(S8) (LRR R, MLRA 149B)

Thin Dark Surface (S9)

(LRR R, MLRA 149B

Loamy Mucky Mineral (F1)

(LRR K, L)

Dark Surface (S7) (LRR R, MLRA

149B)

Depth (inches): 12"

YHydric soil present?

Hydric Soil Indicators:

firm layer at BCType:

Are climatic/hydrologic conditions of the site typical for this time of the year?

Are vegetation , soil , or hydrology significantly disturbed?

Are vegetation , soil , or hydrology naturally problematic?

(If needed, explain any answers in remarks)

Hydrophytic vegetation present? Is the sampled area within a wetland?

Hydric soil present?

Indicators of wetland hydrology present? If yes, optional wetland site ID:

Remarks: (Explain alternative procedures here or in a separate report.)

Primary Indicators (minimum of one is required; check all that apply)

X

Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available:

Remarks:

Other (Explain in Remarks)

DF N-1 WETSampling Point:

None none, sloped fieldsideslope

Presence of Reduced Iron (C4)

SUMMARY OF FINDINGS

Y

Y

Y

X

Algal Mat or Crust (B4)

Drift Deposits (B3)

Sediment Deposits (B2)

Inundation Visible on Aerial

Imagery (B7)

Sparsely Vegetated Concave

Surface (B8)

Yes

Marl Deposits (B15)

Water Marks (B1)

Saturation (A3)

Project/Site: City/County:

Applicant/Owner: State:

Harrington/Washington

Recent Iron Reduction in Tilled

Soils (C6)

Oxidized Rhizospheres on Living

Roots (C3)

Hydrogen Sulfide Odor (C1)

Thin Muck Surface (C7)

1152421.841

Investigator(s):

~7% 339875.398 Long.:

Saturation Visible on Aerial Imagery

(C9)

Iron Deposits (B5)

Secondary Indicators (minimum of two required)

Aquatic Fauna (B13)

Water-Stained Leaves (B9) Surface Soil Cracks (B6)

Drainage Patterns (B10)

05/24/17Sampling Date:353 Mill River Road

USCG Maine

Geomorphic Position (D2)

Dry-Season Water Table (C2)

Crayfish Burrows (C8)

Stunted or Stressed Plants (D1)

Aleita Burman Section, Township, Range:

Datum: NAD 83

Yes (If no, explain in remarks)

X Are "normal circumstances" present?

Soil Map Unit Name:Buxton silt loam, 8-15% slopes

Landform (hillslope, terrace, etc.): Local relief (concave, convex, none):

Lat.:

High Water Table (A2)

Surface Water (A1)

WETLAND DETERMINATION DATA FORM - Northcentral and Northeast Region

Wetland N

N/A

Yes X

Site is old farm field - was apparently mined for topsoil in the past.

Y

HYDROLOGY

Moss Trim Lines (B16)

No Depth (inches): 0"

Shallow Aquitard (D3)

No

Microtopographic Relief (D4)

FAC-Neutral Test (D5)

No

Indicators of wetland hydrology present? Y

Yes

(includes capillary fringe)

Field Observations:

Surface water present?

Water table present?

Saturation present?

Depth (inches):Yes X

1 Sapling/Shrub Stratum

2 Herb Stratum

3 Woody Vine Stratum

5 Dominance Test Worksheet

8 (A)

10 (B)

= Total Cover

(A/B)

1 Prevalence Index Worksheet

2 Total % Cover of:

3 OBL species x 1 =

4 FACW species x 2 =

5 FAC species x 3 =

6 FACU species x 4 =

7 UPL species x 5 =

8 Column totals (A) (B)

9 Prevalence Index = B/A =

= Total Cover

Hydrophytic Vegetation Indicators:

Rapid test for hydrophytic vegetation

X Dominance test is >50%

1 X Prevalence index is ≤3.0*

= Total Cover

= Total Cover

Remarks: (Include photo numbers here or on a separate sheet)

Problematic hydrophytic vegetation*

(explain)

50%20%

Number of Dominant

Species that are OBL, FACW, or FAC:

Percent of Dominant

Species that are OBL, FACW, or FAC:

Total Number of Dominant

Species Across all Strata:

Sampling Point: DF N-1…