Notice of Intent
Intersection Improvement
Project
Falmouth Road (Route 28) and
Cotuit Road (Route 149)/Prince
Avenue
Barnstable,
Massachusetts
Prepared for
Massachusetts Highway Department
Boston, MA
Notice of Intent
Intersection Improvement
Project-Route 28 and 149
Falmouth Road (Route 28) and
Cotuit Road (Route 149)/Prince
Avenue
Barnstable,
Massachusetts
Prepared for
Massachusetts Highway Department
10 Park Plaza
Boston, Massachusetts 02116
Phone 617-973-7434
December 2008
Table of Contents
Notice of Intent Forms
WPA Form 3 ................................................................................................................................
NOI Wetland Fee Transmittal Form .............................................................................................
Stormwater Management Form ...................................................................................................
Copy of Filing Fee Checks...........................................................................................................
Notice of Intent Figures
Figure 1 – Site Location Map .......................................................................................................
Figure 2 – Aerial Map
Figure 3 – NHESP Map ...............................................................................................................
Figure 4 – FlRM ...........................................................................................................................
Attachment A – Notice of Intent Narrative
Introduction .............................................................................................................. 1 Site Description ....................................................................................................... 2 Wetland Resource Areas ........................................................................................... 2 Buffer Zone ................................................................................................................ 5 Work Description .................................................................................................... 5 Work in Wetland Resource Areas .............................................................................. 6 Work in Riverfront Area.............................................................................................. 6 Work in Buffer Zone ................................................................................................... 6 Mitigation Measures ............................................................................................... 7 Erosion and Sedimentation Controls ......................................................................... 7 Stormwater Management......................................................................................... 10 Regulatory Compliance ........................................................................................ 11 Riverfront Area ......................................................................................................... 11 Limited Project ......................................................................................................... 11 Work in Buffer Zone ................................................................................................. 14 Summary ................................................................................................................. 14 Attachment B – Stormwater Management Report
\\Mawatr\te\09582.01\reports\NOI149\Narrative.doc
i
Table of Contents
Notice of Intent Forms
WPA Form 3
Wetland Fee Transmittal Form
Copy of Filing Fee Checks
Provided by MassDEP:
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
MassDEP File Number
WPA Form 3 – Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Barnstable
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.
A. General Information
1. Project Location (Note: electronic filers will click on button to locate project site):
Falmouth Road and Cotuit Road/Prince Ave.
Barnstable
a. Street Address
b. City/Town
02601
c. Zip Code
Latitude and Longitude:
41.650860
70.414857
d. Latitude
e. Longitude
N/A
N/A
f. Assessors Map/Plat Number
g. Parcel /Lot Number
2. Applicant:
Note:
Before
completing this
form consult
your local
Conservation
Commission
regarding any
municipal bylaw
or ordinance.
Susan
McArthur
a. First Name
b. Last Name
Massachusetts Highway Department
c. Organization
10 Park Plaza
d. Street Address
Boston
MA
02116
e. City/Town
f. State
g. Zip Code
617-973-7424
susan.mcarthur@state.ma.us
h. Phone Number
i. Fax Number
j. Email Address
3. Property owner (required if different from applicant):
a. First Name
Check if more than one owner
b. Last Name
c. Organization
d. Street Address
e. City/Town
h. Phone Number
f. State
i. Fax Number
g. Zip Code
j. Email address
4. Representative (if any):
Gene
Crouch
a. First Name
b. Last Name
Vanasse Hangen Brustlin, Inc.
c. Company
101 Walnut Street, P.O. Box 9151
d. Street Address
Watertown
MA
02471
e. City/Town
f. State
g. Zip Code
617-924-1770
gcrouch@vhb.com
h. Phone Number
i. Fax Number
j. Email address
5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
$1,575 (State Share Exempt)
a. Total Fee Paid
wpaform3.doc • rev. 02/21/08
$0 (MHD project fee
exempt
$800
c. City/Town Fee Paid
Page 1 of 8
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
Barnstable
City/Town
A. General Information (continued)
6. General Project Description:
Improve an existing intersection with roadway configuration revisions and a fully actuated signal
system.
7a. Project Type Checklist:
1.
Single Family Home
2.
Residential Subdivision
3.
Limited Project Driveway Crossing
4.
Commercial/Industrial
5.
Dock/Pier
6.
Utilities
7.
Coastal Engineering Structure
8.
Agriculture (e.g., cranberries, forestry)
9.
Transportation
10.
Other
7b. Is any portion of the proposed activity eligible to be treated as a 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:
310 CR 10.53(3)(f) - improvement of a substandard intersection
2. Limited Project
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.
Resource Area
For all projects
affecting other
Resource Areas,
please attach a
narrative
explaining how
the resource
area was
delineated.
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
1. linear feet
2. linear feet
c.
wpaform3.doc • rev. 02/21/08
Land Under
Waterbodies and
Waterways
3. cubic yards dredged
Page 2 of 8
Provided by MassDEP:
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
MassDEP File Number
WPA Form 3 – Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Barnstable
City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d)
Resource Area
Bordering Land
Subject to Flooding
d.
Isolated Land
Subject to Flooding
e.
Size of Proposed Alteration
Proposed Replacement (if any)
1. square feet
2. square feet
3. cubic feet of flood storage lost
4. cubic feet replaced
1. square feet
2. cubic feet of flood storage lost
Riverfront Area
f.
2.
3. cubic feet replaced
Marstons Mills River
1. Name of Waterway (if available)
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:
4.
Proposed alteration of the Riverfront Area:
36,425
square feet
18,520
7,760
10,760
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
Coastal Resource Areas: (See 310 CMR 10.25-10.35)
3.
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
a.
Designated Port Areas
b.
Land Under the Ocean
Size of Proposed Alteration
Proposed Replacement (if any)
Indicate size under Land Under the Ocean, below
1. square feet
2. cubic yards dredged
c.
Barrier Beach
Indicate size under Coastal Beaches and/or Coastal Dunes below
d.
Coastal Beaches
1. square feet
2. cubic yards beach nourishment
e.
Coastal Dunes
1. square feet
2. cubic yards dune nourishment
wpaform3.doc • rev. 02/21/08
Page 3 of 8
Provided by MassDEP:
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
MassDEP File Number
WPA Form 3 – Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Barnstable
City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d)
Size of Proposed Alteration
f.
Coastal Banks
1. linear feet
g.
Rocky Intertidal
Shores
1. square feet
h.
Salt Marshes
1. square feet
i.
Land Under Salt
Ponds
1. square feet
Proposed Replacement (if any)
2. sq ft restoration, rehab., creation
2. cubic yards dredged
j.
Land Containing
Shellfish
1. square feet
k.
Fish Runs
l.
Land Subject to
Coastal Storm Flowage
Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
1. cubic yards dredged
4.
1. square feet
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
C. Other Applicable Standards and Requirements
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://www.mass.gov/dfwele/dfw/nhesp/nhregmap.htm.
a.
Yes
October 2008
b. Date of map
No
If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
Route 135, North Drive
Westborough, MA 01581
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.1.d, 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).
wpaform3.doc • rev. 02/21/08
Page 4 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Provided by MassDEP:
WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
MassDEP File Number
Document Transaction Number
Barnstable
City/Town
C. Other Applicable Standards and Requirements (cont’d)
1.
c.
Submit Supplemental Information for Endangered Species Review *
Percentage/acreage of property to be altered:
1.
within wetland Resource Area
percentage/acreage
(b)
outside Resource Area
percentage/acreage
81.6% / 82,060 sf (1.88 ac.)
Assessor’s Map or right-of-way plan of site
2.
3.
18.4% / 18,520 sf (0.43 ac.)(Riverfront Area only)
(a)
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
(c)
MESA filing fee (fee information available at:
http://www.mass.gov/dfwele/dfw/nhesp/nhenvmesa.htm)
Make check payable to “Natural Heritage & Endangered Species Fund” and mail to
NHESP at above address (This MHD project is exempt from review fees)
Projects altering 10 or more acres of land, also submit:
d.
(d)
Vegetation cover type map of site
(e)
Project plans showing Priority & Estimated Habitat boundaries
OR Check One of the Following
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/nhenvexemptions.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.)
1.
2.
Separate MESA review ongoing.
a. NHESP Tracking Number
3.
b. Date submitted to NHESP
Separate MESA review completed.
Include copy of NHESP “no Take” determination or valid Conservation & Management
Permit with approved plan.
*
Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP
review (see www.nhesp.org regulatory review tab). Priority Habitat includes habitat for statelisted 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. 02/21/08
Page 5 of 8
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
Barnstable
City/Town
C. Other Applicable Standards and Requirements (cont’d)
2. 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 or hand delivery of NOI to either:
South Shore - Cohasset to Rhode
Island, and the Cape & Islands:
Division of Marine Fisheries Southeast Marine Fisheries Station
Attn: Environmental Reviewer
838 South Rodney French Blvd.
New Bedford, MA 02744
North Shore - Hull to New Hampshire:
Division of Marine Fisheries North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
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.
3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
Online Users:
Include your
document
transaction
number
(provided on your
receipt page)
with all
supplementary
information you
submit to the
Department.
Yes
a.
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
4. 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?
Yes
a.
No
5. 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)?
Yes
a.
No
6. Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a.
1.
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:
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.
No. Check why the project is exempt:
b.
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.
wpaform3.doc • rev. 02/21/08
Page 6 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Provided by MassDEP:
WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
MassDEP File Number
Document Transaction Number
Barnstable
City/Town
D. Additional Information
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.
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
Stephen Farr, P.E.
Stephen Farr, P.E.
b. Prepared By
c. Signed and Stamped by
1"=40'
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:
XXXX
XXXX
2. Municipal Check Number
3. Check date
N/A MHD is exempt
4. State Check Number
5. Check date
Vanasse Hangen Brustlin, Inc.
6. Payor name on check: First Name
wpaform3.doc • rev. 02/21/08
7. Payor name on check: Last Name
Page 7 of 8
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
Barnstable
City/Town
F. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans,
documents, and supporting data are true and complete to the best of my knowledge. I understand that
the Conservation Commission will place notification of this Notice in a local newspaper at the expense of
the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the
requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand
delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the
project location.
1. Signature of Applicant
2. Date
3. Signature of Property Owner (if different)
4. Date
5. Signature of Representative (if any)
6. Date
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two
copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation
Commission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one
copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP
Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the “yes” box in any part of Section C, Item 3, above, refer to that section
and the Instructions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a
timely manner may result in dismissal of the Notice of Intent.
wpaform3.doc • rev. 02/21/08
Page 8 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important: When
filling out forms
on the computer,
use only the tab
key to move your
cursor - do not
use the return
key.
A. Applicant Information
1. Applicant:
Susan
McArthur
a. First Name
b. Last Name
Massachusetts Highway Department
c. Organization
10 Park Plaza
d. Mailing Address
Boston
MA
02116
e. City/Town
f. State
g. Zip Code
617-9747434
h. Phone Number
susan.mcarthur@state.ma.us
i. Fax Number
j. Email Address
2. Property Owner (if different):
a. First Name
b. Last Name
c. Organization
d. Mailing Address
e. City/Town
h. Phone Number
f. State
i. Fax Number
g. Zip Code
j. Email Address
3. Project Location:
To calculate
filing fees, refer
to the category
fee list and
examples in the
instructions for
filling out WPA
Form 3 (Notice of
Intent).
Falmouth Road (Rte 28) and Cotuit Road (Rte 149)
Barnstable
a. Street Address
b. City/Town
B. Fees
The fee should be calculated using the following six-step process and 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.
Wpaform3.doc • Wetland Fee Transmittal Form • rev. 2/21/08
Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Fees (continued)
Step 1/Type of Activity
Step 2/Number
of Activities
Category 3c
1
Step
3/Individual
Activity Fee
$1,050x1.5
Step 5/Total Project Fee:
Step 4/Subtotal Activity
Fee
$1,575
$1,575
Step 6/Fee Payments:
Total Project Fee:
State share of filing Fee:
City/Town share of filling Fee:
$1,575 (State share exempt)
a. Total Fee from Step 5
$775 (MHD is exempt)
b. 1/2 Total Fee less $12.50
$800
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.)
Wpaform3.doc • Wetland Fee Transmittal Form • rev. 2/21/08
Page 2 of 2
Notice of Intent Figures
Figure 1 – Site Location Map
Figure 2 – Aerial Map
Figure 3 – NHESP Map
Figure 4 – FIRM
Attachment A
Notice of Intent Narrative
Introduction
Site Description
Work Description
Mitigation Measures
Regulatory Compliance
Summary
Attachment A
Notice of Intent Narrative
This Notice of Intent (NOI) is filed pursuant to the Massachusetts Wetlands
Protection Act (MGL Chapter 131, Section 40) and its implementing regulations
(310 CMR 10.00).
Introduction
The Massachusetts Highway Department is proposing to improve the Falmouth
Road (Route 28) and Cotuit Road (Route 149)/Prince Avenue intersection in
Marstons Mills (Barnstable). The proposed improvements will include pavement
modifications to better define and channel traffic, installation of a fully actuated
traffic signal for all legs of the intersection, improved signage, and bicycle detection.
No additional travel or turning lanes will be created, however, the reconfiguration of
the intersection and the signalization and signage will allow the intersection to
operate more efficiently. Work will be conducted along approximately 1,260 feet of
Falmouth Road, 150 feet of Prince Avenue and 307 feet of Cotuit Road.
This intersection is currently unsignalized operating with stop and yield signs and a
yellow flash light east west and red flash signal north and south. This intersection
currently operates at a level of service (LOS) F during weekday morning and evening
peak traffic hours and 58 reported crashes occurred during the four year period of
January 2001 to December 2004. Traffic conditions and crash incidents warrant the
installation of a full traffic signal at this intersection. The project consists of the
improvement of a substandard intersection and therefore is eligible for review as a
limited project (310 CMR 10.53(3)(f)).
The proposed work will be conducted within the Riverfront or buffer zone to
wetland resource areas. Most of the work will occur within the limits of the existing
pavement. There will be no impact to vegetated wetlands, Bank or waterways.
Wetland resource areas will be protected from impacts during construction through
the implementation of an erosion and sedimentation control program. Runoff
generated from the project will be collected and treated in accordance with design
guidelines1 developed by Department of Environmental Protection (DEP) and
standards contained in the WPA Regulations.
1 DEP, 2008. Massachusetts Stormwater Handbook.
\\Mawatr\te\09582.01\reports\NOI149\Narrative.doc
A-1
Attachment A – Notice of Intent Narrative
Site Description
The proposed project is at an existing intersection of two major paved arterial roads.
The surrounding land use is wooded with land held by a private land trust or Town
owned recreational land in the northeast, southeast and northwest quadrants of the
intersection. The proposed project will kept within the limits of the existing state
highway layout and existing town roadway layout with the exception of the east side
of Prince Avenue. In this location the existing roadway is partially outside the town
layout and loam and seeding will extend east of the limit of existing pavement.
The project area is generally flat with wetlands north and south of the roadway.
Wetland resource areas are present in the northwest, northeast and southeast
quadrants of the intersection. Northwest of the intersection is Mill Pond, which is
close to the edge of Route 149 and the project site. Marstons Mills River flows south,
through Mill Pond and continues under Cotuit Road and Falmouth Road and on to
North Bay south of the project area. Marstons Mills River flows through the project
area from Mill Pond via a 60-inch RCP culvert, just east of the intersection. The
waterway is piped from north of Cotuit Road to south of Falmouth Road, a distance
of about 214 feet. A second stream channel flows from Mill Pond crosses under
Cotuit Road north of the project area and crosses Falmouth Road via an 83-foot long,
36-inch RCP at the eastern limit of the project.
The westerly channel is an anadromous fish run, with a fish ladder at the upstream
end at the outlet of Mill Pond. Mill Pond and the adjacent environs have been
designated as estimated and priority habitat by the Natural Heritage and
Endangered Species Program for the presence of the fish, bridled shiner (Notropis
bifrenatus). No Area of Critical Environmental Concern (ACEC), Outstanding
Resource Waters (ORW), Zone IIs or interim wellhead protection areas (IWPA) are
within the project area according to available MassGIS mapping. Federal Emergency
Management Agency (FEMA) floodplain mapping illustrates 100-year floodplain at
Elev. 11 feet (NGVD) at the southern edge of the project area south of Falmouth
Road.
Wetland resource areas on/near the site are described below.
Wetland Resource Areas
Wetlands adjacent to the property were delineated in the summer of 2006 by
environmental scientists with Vanasse Hangen Brustlin, Inc. in accordance with
methods developed by the DEP2 and the U.S. Army Corps of Engineers3. The
2 DEP, 1995. Delineating Bordering Vegetated Wetlands Under the Massachusetts Wetlands Protection Act.
3 Environmental Laboratory, 1987. Corps of Engineers Wetlands Delineation Manual.
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following sections of this narrative describe the wetlands and identify resource areas
that are regulated under the WPA Regulations (310 CMR 10.00).
Wetlands adjacent to the property are summarized in the table below and are
described in more detail in the following sections of this attachment.
Table 1
Wetland Resource Areas
Wetland
Type
Resource Areas
A
Pond, Wooded Swamp Fringe
B
Wooded Swamp, Perennial River
C
Wooded Swamp, Perennial River
Land Under Water, Bank, Bordering Vegetated
Wetland
Bordering Vegetated Wetland, Bank, Land Under
Water
Bordering Vegetated Wetland, Bank, Land Under
Water
Source: VHB, 2006
Wetland A
Wetland A consists primarily of Mill Pond, a large perennial open water body,
approximately 5.5 acres. Mill Pond is part of the Marstons Mills River system that
flows from north of the project site, south to North and West Bays and ultimately
Nantucket Sound. Mill Pond consists of Land under Waterway and Water Bodies,
Bank and supports a fringe of Bordering Vegetated Wetland (forested wetland).
Immediately adjacent to the project site, the Bank of Mill Pond is well defined and
abrupt consisting of concrete retaining walls, mortared stone walls or placed stone
walls. No Bordering Vegetated Wetland associated with Mill Pond is adjacent to the
project site. The wetland area was delineated by pink flagging, numbered WF2-100 to
WF2-126.
Dominant wetland vegetation in fringe BVW of Wetland A is typical New England
forested wetland species including red maple (Acer rubrum), ash (Fraxinus) trees, and
highbush blueberry (Vaccinium corymbosum), northern arrow-wood (Viburnum
dentatum), sweet pepperbush (Clethra alnifolia) shrubs.
As noted, the Banks of Mill Pond adjacent to the project have been modified by
retaining walls and other man-made features. Sidewalks provide access to the pond
along Cotuit Street. Soils in this area are identified as Berryland muck loamy coarse
sand on the Barnstable County Soil Survey, but in reality, the soils have been highly
modified by past human activities, including the construction of Cotuit Road,
sidewalks and retaining walls.
Mill Pond has two outlets including a 60-inch RCP culvert at the project site and
another culvert north of the project area. The 60-inch culvert is immediately
downstream of a short fish ladder that allows upstream migration of anadromous
fish species. The 60-inch culvert drains directly to Wetland C on the south side of
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Falmouth Road. The northern culvert drains across Cotuit Road to Wetland B. The
watershed for Mill Pond is 12.9 square miles (8,256 acres). Upstream of Mill Pond,
Marstons Mills River is illustrated as a perennial river on USGS mapping.
Wetland B
Wetland B is between Cotuit Road and Falmouth Road east of the intersection. This
is a forested wetland classified as Bordering Vegetated Wetland, being adjacent to
the Marstons Mills River. The River flows through the wetland entering from
Wetland A, north of the project area on Cotuit Road and flows under Falmouth Road
to Wetland C at the eastern end of the project area. The River includes Bank and
Land Under Waterway regulated resource areas. Marstons Mills River is also
illustrated as a perennial river on USGS mapping (Figure 1) and therefore supports a
200-foot Riverfront Area. The wetland area was delineated by pink surveyors
flagging numbered WF1-100 to WF1-121 along the north side of Falmouth Road and
WF1-200 to WF1-206 along east side of Cotuit Road.
Dominant wetland vegetation in Wetland B includes, red maple, and ash trees, and
highbush blueberry, northern arrow-wood, sweet pepperbush shrubs.
Based on the Barnstable County Soil Map, Wetland B is underlain by Berryland
mucky loamy coarse sand and Carver coarse sand soils.
Wetland C
Wetland C is south of Falmouth Road and receives flow from both Wetland A
directly through the 60-inch culvert and Wetland B through a 36-inch culvert. The
two channels of water flow entering Wetland C are the Marstons Mills River.
Wetland C is forested wetland classified as Bordering Vegetated Wetland being
adjacent to the River. Each of the two channels of the River is illustrated as perennial
rivers on USGS mapping and support Bank, Land Under Waterway and Riverfront
Area. Wetland flagging delineating the wetland south of Falmouth Road is pink
flagging numbered WF3-100 to WF3-116 and WF1-100 to WF1-103.
Similar to Wetlands A and B, dominant vegetation within includes red maple and
ash trees, and highbush blueberry, northern arrow-wood and sweet pepperbush
(Clethra alnifolia) shrubs.
Soils underlying Wetland C includes Berryland mucky loamy coarse sand and
Carver coarse sand according to the Barnstable County Soil Survey.
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Riverfront Area
Riverfront in the project area extends 200 feet from the Banks of both channels of the
Marstons Mills River. Riverfront Area extends from the downstream end of the
60-inch culvert on the south side of Falmouth Road and encompasses work proposed
on Prince Avenue. Riverfront also extends from the channel that flows through the
36-inch culvert at the east end of the project and encompasses the eastern portion of
the project area on Falmouth Road.
The project area within Riverfront on Falmouth Road is characterized as existing
paved roadway. On Prince Avenue, the Riverfront Area is also characterized as
existing roadway pavement and includes an existing gravel drive and roadway
shoulders.
Bordering Land Subject to Coastal Storm Flowage
According to the Federal Emergency Management Agency (FEMA) floodplain
mapping, Bordering Land Subject to Coastal Storm Flowage is present within
Wetland C up to Elev. 11 feet (NGVD). Based on this elevation of the floodplain,
floodwaters will be contained within the wetland boundary and do not extend into
the project area.
Buffer Zone
The WPA regulations (310 CMR 10.02(2)(b)) establish a 100-foot buffer zone from the
limits of Wetlands A, B and C described above. The buffer zone within the project
area includes developed roadways, shoulders and sidewalks. In addition, portions of
buffer zone are wooded adjacent to the roadways, some of which are steeply sloping
away from the road side from past roadway construction.
Work Description
The proposed project consists of the improvement of the existing intersection and the
roadways approaching the intersection. Primarily a new fully actuated signal system
will be installed with conduits, detection loops, mast arms and overhead signal
heads. Minor reconfiguration of the roadways at the intersection will provide better
traffic control and intersection operation. The existing paved surface will be cold
planed and overlaid through the project limits. Minor roadway changes will be
provided on the northwest side of Cotuit Road where the westbound ramp will be
narrowed and slightly relocated for improved function. This will result in a slight
reduction of the existing pavement area. Pavement area eliminated will be
1,670 square feet on the northwest side of Cotuit Road. The existing traffic control
island at Cotuit Road will also be reconfigured to facilitate the changes to the
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Attachment A – Notice of Intent Narrative
westbound ramp. The southwest side of Prince Avenue will also be revised to open
up the intersection and reduce the radius of the southwest corner. This will facilitate
vehicle turning on to Prince Avenue from the west side of the intersection. The
changes to the Cotuit Street traffic island and the Prince Avenue corner will slightly
increase the area of pavement. Approximately 1,155 square feet of new pavement
will be installed for the changes to Prince Avenue and the Cotuit Street traffic island.
Overall, impervious surface will be reduced by 515 square feet and replaced by loam
and seeded area.
Work will be conducted in the buffer zone and Riverfront Area only. All work in
buffer zone and Riverfront Area is previously disturbed or degraded.
Work in wetland resource areas and/or the 100-foot buffer zone is described below.
This work fully complies with all applicable performance standards and is eligible
for review as a limited project as demonstrated in the Regulatory Compliance section
of this Narrative.
Work in Wetland Resource Areas
No construction activities are proposed within Bordering Vegetated Wetland, Bank
Land Under Water or Bordering Land Subject to Flooding. Work will be conducted
with Riverfront Area and the buffer zone to Bordering Vegetated Wetland or Bank.
Work in Riverfront Area
Construction in Riverfront Area will include cold plane and overlay existing
pavement on Falmouth Road and Prince Avenue, grading and full depth pavement
construction, installation of granite curbing and hot mix asphalt berm, installation of
conduit, removal and resetting guardrail, and placement of loam and seeding. All
work will occur within existing degraded Riverfront Area and will either be
contained within the limits of the existing pavement or will be further from the River
than the edge of the existing pavement (Prince Avenue). Work on Falmouth Road
and Cotuit Avenue will be within both the first and second 100 feet of the Riverfront
Area.
Work in Buffer Zone
Construction in the buffer zone will be similar as described for Riverfront Area and
will include cold plane and overlay existing pavement, grading and full depth
pavement construction, installation of granite curbing and hot mix asphalt berm,
installation of conduit, removal and resetting guardrail, and placement of loam and
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seeding. In addition, traffic signal masts will be installed on each of the four corners
of the intersection to suspend the signal heads over the roadways.
Mitigation Measures
The construction will not involve the creation of much area of erodible surface. Most
of the project surface area will remain stabilized as cold plane will only remove the
top inch or two of the existing pavement. Excavations for full depth pavement,
conduit installation and placement of loam and seed will create erodible surfaces and
will be addressed by installation of erosion controls around the limits of work were
adjacent to wetlands.
Erosion and Sedimentation Controls
An erosion and sedimentation control program will be implemented to minimize
temporary impacts to wetland resource areas during the construction phase of the
project. The program incorporates Best Management Practices (BMPs) specified in
guidelines developed by the DEP4 and the U.S. Environmental Protection Agency
(EPA)5.
Proper implementation of the erosion and sedimentation control program will:
minimize exposed soil areas through sequencing and temporary stabilization;
place structures to manage stormwater runoff and erosion; and
establish a permanent vegetative cover or other forms of stabilization as soon as
practicable.
The following sections describe the controls that will be used and practices that will
be followed during construction. These practices comply with criteria contained in
the NPDES General Permit for Discharges from Large and Small Construction
Activities issued by the EPA.
Non-Structural Practices
Non-structural practices to be used during construction include temporary
stabilization, temporary seeding, permanent seeding, pavement sweeping and dust
control. These practices will be initiated as soon as practicable in appropriate areas at
the site.
4 DEP, 1997. Massachusetts Erosion and Sediment Control Guidelines for Urban and Suburban Areas: A Guide for
Planners, Designers, and Municipal Officials.
5 EPA, 2007. Interim Developing Your Stormwater Pollution Prevention Plan: A Guide for Construction Sites. Office of
Water Report EPA 833-R-060-04.
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Temporary Stabilization
Any areas of exposed soil or stockpiles that will remain inactive for more than
14 days will be covered with a layer of straw mulch applied at a rate of 90 pounds
per 1,000 square feet. The mulch will be anchored with a tacking coat (non tar)
applied by a hydroseeder. Steeper slopes (greater than 10 percent) will be covered
with a bonded fiber matrix (EcoAegis®, GeoPerm, or similar) according to the
recommendations provided by the manufacturer.
Temporary Seeding
If conditions allow, a temporary vegetative cover will be established on areas of
exposed soils (including stockpiles) that remain unstabilized for a period of more
than 60 days. The seeded surfaces will be covered with a layer of straw mulch or
bonded fiber matrix as described above. The seed mix shall include a blend of
rapid-germinating grasses that are indigenous to central Massachusetts.
Permanent Seeding
Upon completion of final grading, any areas not covered by pavement will be seeded
with New England Roadside Matrix Upland Seed Mix produced by New England
Wetland Plants, Inc.). This seed mix includes the following species:
Table 2: Wetland Resource Areas
Common Name
Creeping Red Fescue
Switch Grass
Little Bluestem
Indiangrass
Big Bluestem
Virginia Wild Rye
Wild Senna
Ox Eye Sunflower
Black Eyed Susan
Partridge Pea
Big Leaf Lupine
Showy Tick Trefoil
New England Aster
Wild Senna
Round-headed Bush Clover
White Vervain
Gray Dogwood
Staghorn Sumac
Flowering Dogwood
Scientific Name
Festuca rubra
Panicum virgatum
Schizachyrium scoparium
Sorghastrum nutans
Andropogon gerardii
Elymus virginicus
Senna hebecarpa
Heliopsis helianthoides
Rudbeckia hirta
Chamaecrista fasciculate
Lupinus polyphyllus
Desmodium canadense
Aster novae-angliae
Cassia hebecarpa
Lespedeza capitata
Verbena urticifolia
Cornus racemosa
Rhus typhina
Cornus florida
Source: New England Wetland Plants, Inc.
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Attachment A – Notice of Intent Narrative
The mix will be applied at a rate of 35 pounds per acre and will be covered with
mulch or bonded fiber matrix as described above.
Pavement Sweeping
Project roads shall be swept as needed during construction. The sweeping program
will remove sediment and other contaminants directly from paved surfaces before
their release into stormwater runoff. Pavement sweeping has been demonstrated to
be an effective initial treatment for reducing pollutant loading into stormwater6. A
street sweeper shall be kept at the site or at a nearby location to facilitate this
practice. Once construction has been completed, sweeping at the project site will
occur as required under the Operation and Maintenance Plan.
Dust Control
The erosion and sediment control program includes provisions to minimize the
generation of dust during dry and windy conditions. When necessary, larger areas of
exposed soil will be wetted to prevent wind-borne transport of fine grained
sediment. Enough water shall be applied to wet the upper 0.5 inches of soil. The
water will be applied as a fine spray in order to prevent erosion. A water truck will
be kept on the property (or at a nearby location) to facilitate this practice.
Structural Practices
Structural erosion and sedimentation controls to be used on the site include barriers
and catch basin inlet protection.
Erosion Control Barriers
Prior to any ground disturbance, a barrier of staked hay bales and silt fence will be
installed at the downgradient limit of work. As construction progresses, additional
barriers will be installed around the base of stockpiles and other erosion prone areas.
The barriers will be entrenched into the substrate to prevent underflow.
If sediment has accumulated to depth which impairs proper functioning of the
barrier, it will be removed by hand or by machinery operating upslope of the
barriers. This material will be either reused at the Site or disposed of at a suitable
offsite location. Any damaged sections of silt fence or hay bales will be repaired or
replaced immediately upon discovery.
6 U.S. Environmental Protection Agency, 1979. Demonstration of Nonpoint Pollution Abatement Through Improved Street
Cleaning Practices.
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Attachment A – Notice of Intent Narrative
Catch Basin Inlet Protection
The inlets of existing and proposed catch basins will be protected from sediment
inflow during the work period by surrounding them with a barrier of staked hay
bales or by installing Silt Sacks®. If hay bales are used, a layer of non-woven filter
fabric shall be placed beneath the grate of each basin. If sediment that has collected
behind the barrier or in the Silt Sack® to a point where it impairs proper functioning,
it will be removed and will be either reused onsite or disposed of at a suitable offsite
location.
Stormwater Management
Runoff generated from impervious surfaces will be collected and managed in
accordance with the DEP policy. The proposed project is redevelopment of an
existing intersection and an existing stormwater management system consisting of
catch basins, man holes, drainage piping and outfalls are in place. Three existing
catch basins along Falmouth Road will be relocated slightly to the proposed new
gutter line were minor changes in the roadway edge are proposed. The stormwater
management system provides collection, control of runoff and water quality
treatment. A brief description of these measures is provided below. Details on the
stormwater system are included in the accompanying Stormwater Management
Report (Attachment B). Compliance with the 10 stormwater management standards
cited in Section 310 CMR 10.05(6)(k) of the WPA Regulations is evaluated in the
Regulatory Compliance section of this attachment.
Water Quality Treatment
Stormwater runoff will be treated by a combination of pavement sweeping and catch
basins. Existing catch basins will largely be maintained within the project area. Three
catch basins along Falmouth Road will be removed or abandoned and replaced with
new deep sump catch basins. The replacement of three catch basins is needed to
relocate the basins to the new edge of the roadway where minor relocation of the
road edge is proposed.
Collectively the stormwater management system will improve removal of total
suspended solids contained in runoff generated from impervious surfaces. An
Operation and Management Plan for the stormwater management system is
provided in the accompany Stormwater Management Report (Attachment B).
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Attachment A – Notice of Intent Narrative
Regulatory Compliance
As demonstrated below, work in Riverfront Area and the 100-foot buffer zone fully
complies with applicable performance standards and can be allowed as a Limited
Project under the WPA regulations.
Limited Project
The proposed project qualifies as a limited project as an improvement of a
substandard intersection (310 CMR 10.53(3)(f). The existing intersection currently
operates at a level of service (LOS) F which is a failed condition during the weekday
morning and evening peak traffic hours. In addition, 58 reported accidents occurred
during the 4-year period of January 2001 to December 2004. The proposed roadway
and signal improvements will allow the intersection to improve to a LOS B during
the weekday morning peaks and to LOS C during weekday evening peaks which are
acceptable operation condition.
Riverfront Area
Work will occur in approximately 18,520 square feet of Riverfront Area to allow for
the cold plane and overlay existing pavement on Falmouth Road and Prince Avenue,
grading and full depth pavement construction, installation of granite curbing and hot
mix asphalt berm, installation of conduit, removal and resetting guardrail, and
placement of loam and seeding. This work represents approximately 51 percent of
the approximately 36,425 square feet of Riverfront Area associated with the Marstons
Mills River near the project site. The proposed work will occur within existing
degraded areas and therefore is considered redevelopment.
(a) Protection of other Resource Areas
The proposed work in Riverfront Area will not also be any other regulated
wetland resource area. No Bordering Vegetated Wetland, Bank or Land Under
Water will be impacted and Bordering Land Subject to Coastal Storm Flowage
is near the project area but will not be impacted by the proposed work.
(b) Protection of Rare Species
A portion of the project area is within estimated and priority habitat for bridled
shiner, a small fish classified as Special Concern by the Natural Heritage and
Endangered Species Program. Proposed work within the habitat polygon will
be restricted to work along Route 149, north of the intersection. Most activities
will be within the limits of the existing paved roadway. Work outside the
roadway will include relocating and extending about 90 linear feet of a 6-foot
wide paved sidewalk on the east side of Route 149. An expedited review has
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Attachment A – Notice of Intent Narrative
been submitted to the Natural Heritage and Endangered Species Program with
the filing of this Notice of Intent.
(c) Practicable and Substantially Equivalent Economic Alternatives
The proposed project qualifies as a redevelopment project and does not need to
document equivalent economic alternatives.
(d) No Significant Adverse Impact
All work will be conducted within Riverfront Area that is degraded by
pavement or lacks top soil. The project will not have a significant adverse
impact.
(5) Redevelopment Within Previously Developed Riverfront Areas; Restoration and
Mitigation.
Notwithstanding the provisions of 310 CMR 10.58(4)(c) and (d), the issuing authority may
allow work to redevelop a previously developed riverfront area, provided the proposed work
improves existing conditions. Redevelopment means replacement, rehabilitation or expansion
of existing structures, improvement of existing roads, or reuse of degraded or previously
developed areas. A previously developed riverfront area contains areas degraded prior to
August 7, 1996 by impervious surfaces from existing structures or pavement, absence of
topsoil, junkyards, or abandoned dumping grounds. Work to redevelop previously developed
riverfront areas shall conform to the following criteria:
(a) At a minimum, proposed work shall result in an improvement over existing conditions of
the capacity of the riverfront area to protect the interests identified in M.G.L. c. 131 § 40.
When a lot is previously developed but no portion of the riverfront area is degraded, the
requirements of 310 CMR 10.58(4) shall be met.
The proposed project is an intersection improvement to enhance traffic
operations, reduce delays and benefit air quality issues. Only degraded and
previously disturbed Riverfront Area is being altered by the project, and there
are not opportunities to provide improvement to the Riverfront Area within the
limits of the project. The Riverfront Area in the project area that is not being
altered is already wooded or otherwise vegetated and not in need of
improvement.
(b) Stormwater management is provided according to standards established by the
Department.
Stormwater management will be slightly improved by the installation of three
new deep sump catch basins. The remainder of the catch basins and the
stormwater management system is not being altered or replaced since the work
generally is limited to pavement cold plane and overlay and installation of a
traffic signal system and the existing catch basins can be retained.
(c) Within 200 foot riverfront areas, proposed work shall not be located closer to the river
than existing conditions or 100 feet, whichever is less, or not closer than existing
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Attachment A – Notice of Intent Narrative
conditions within 25 foot riverfront areas, except in accordance with 310 CMR
10.58(5)(f) or (g).
The proposed work will not be closer to the River than existing conditions. Some
expansion of the pavement will occur within the inner 100 feet of the Riverfront
Area on the west side of Prince Avenue which is already degraded or highly
disturbed. This work is no closer than the existing limit of paved Riverfront Area
which is the east side of Prince Avenue.
(d) Proposed work, including expansion of existing structures, shall be located outside the
riverfront area or toward the riverfront area boundary and away from the river, except in
accordance with 310 CMR 10.58(5)(f) or (g).
As noted above the only work that could be considered an expansion of work is
the slight widening of Prince Avenue to the west. This work is away from the
River and is in an area of existing degraded and highly disturbed Riverfront
Area.
(e) The area of proposed work shall not exceed the amount of degraded area, provided that the
proposed work may alter up to 10% if the degraded area is less than 10% of the riverfront
area, except in accordance with 310 CMR 10.58(5)(f) or (g).
The amount of work in Riverfront Area is 18,520 square feet of the 36,425 square
feet of the total Riverfront Area within the project area. Approximately
51 percent of the Riverfront Area will be affected by the project. All impacted
Riverfront Area is either degraded or highly disturbed already.
(f) When an applicant proposes restoration on-site of degraded riverfront area, alteration
may be allowed notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), and (e) at a
ratio in square feet of at least 1:1 of restored area to area of alteration not conforming to
the criteria. Areas immediately along the river shall be selected for restoration. Alteration
not conforming to the criteria shall begin at the riverfront area boundary. Restoration
shall include:
1. removal of all debris, but retaining any trees or other mature vegetation;
2. grading to a topography which reduces runoff and increases infiltration;
3. coverage by topsoil at a depth consistent with natural conditions at the site; and
4. seeding and planting with an erosion control seed mixture, followed by plantings of
herbaceous and woody species appropriate to the site;
No mitigation is needed or proposed.
(g) When an applicant proposes mitigation either on-site or in the riverfront area within the
same general area of the river basin, alteration may be allowed notwithstanding the
criteria of 310 CMR 10.58(5)(c), (d), or (e) at a ratio in square feet of at least 2:1 of
mitigation area to area of alteration not conforming to the criteria or an equivalent level
of environmental protection where square footage is not a relevant measure. Alteration
not conforming to the criteria shall begin at the riverfront area boundary. Mitigation
may include off-site restoration of riverfront areas, conservation restrictions under
M.G.L. c. 184, §§ 31 to 33 to preserve undisturbed riverfront areas that could be
otherwise altered under 310 CMR 10.00, the purchase of development rights within the
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riverfront area, the restoration of bordering vegetated wetland, projects to remedy an
existing adverse impact on the interests identified in M.G.L. c. 131, § 40 for which the
applicant is not legally responsible, or similar activities undertaken voluntarily by the
applicant which will support a determination by the issuing authority of no significant
adverse impact. Preference shall be given to potential mitigation projects, if any,
identified in a River Basin Plan approved by the Secretary of the Executive Office of
Environmental Affairs.
No mitigation is needed or proposed.
(h) The issuing authority shall include a continuing condition in the Certificate of
Compliance for projects under 310 CMR 10.58(5)(f) or (g) prohibiting further alteration
within the restoration or mitigation area, except as may be required to maintain the area
in its restored or mitigated condition. Prior to requesting the issuance of the Certificate of
Compliance, the applicant shall demonstrate the restoration or mitigation has been
successfully completed for at least two growing seasons.
No mitigation is needed or proposed.
Work in Buffer Zone
As identified in 310 CMR 10.53(1) of the WPA regulations, “the issuing authority
should consider the characteristics of the buffer zone, such as the presence of steep slopes, that
may increase the potential for adverse impacts on resource areas. Conditions may include
limitations on the scope and location of work in the buffer zone as necessary to avoid
alteration of resource areas. The issuing authority may require erosion and sedimentation
controls during construction, a clear limit of work, and the preservation of natural vegetation
adjacent to the resource area and/or other measures commensurate with the scope and location
of the work within the buffer zone to protect the interests of the Act.”
The proposed project has been designed to address these requirements. As identified
in the Mitigation Measures section of this attachment, an erosion and sedimentation
control program will be implemented to prevent adverse impacts during
construction. Loam and seed will be spread outside the edge of roadway and project
area to restore a vegetated edge along the road. There will not be extensive
excavation, filling or grading for the project.
Summary
The proposed project consists of the improvement of the Falmouth Road and Cotuit
Road/Prince Avenue intersection. Currently this intersection fails traffic operations
during weekday morning and evening peak traffic hours and the proposed work will
improve traffic operations from a level of service F to B and C. The proposed
improvements generally involve cold plane and overlay of the existing pavement,
installation of a fully actuated traffic signal system, minor geometry improvements to
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the west side of Route 148 and Prince Avenue to facilitate vehicle turning
movements.
Three Wetland resource areas are present in the vicinity of the project area. These
include Wetlands A, B and C and consist of Mill Pond, Marstons Mills River and
forested wetlands. Proposed work activities will occur within Riverfront Area and
the 100foot buffer zone to BVW and Bank. No work will be conducted within
vegetated wetland, Bank or Land Under Water. The proposed project qualifies as a
limited project for intersection improvements and addresses the regulatory
performance standards for wetland resource areas and the Massachusetts
Stormwater Handbook.
The applicant respectfully requests that the Barnstable Conservation Commission
find these measures adequately protective of the interests identified in the WPA and
issue an Order of Conditions approving the work described in this NOI and shown
on the accompanying plans.
\\Mawatr\te\09582.01\reports\NOI149\Narrative.doc
A-15
Attachment A – Notice of Intent Narrative
Attachment B
Stormwater Management Report
Stormwater Management Memorandum
Checklist for Stormwater Report
101 Walnut Street
P. O. Box 9151
Watertown, MA 02471-9151
617 924 1770
FAX 617 924 2286
Memorandum
To:
Files
Date:
Project No.:
From:
Gene F. Crouch
Re:
December 9, 2008
09582.01
Stormwater Management Memorandum
Falmouth Road (Route 28) and Cotuit
Road (Route 149/Prince Avenue
Intersection Improvements
The proposed project consists of intersection improvements for the Falmouth Road (Route 28) and
Cotuit Road (Route 149)/Prince Avenue intersection in Barnstable, Massachusetts.
Project Description:
The Massachusetts Highway Department is proposing to improve the Falmouth Road (Route 28)
and Cotuit Road (Route 149)/Prince Avenue intersection in Marstons Mills (Barnstable). The
proposed improvements will include pavement modifications to better define and channel traffic,
installation of a fully actuated traffic signal for all legs of the intersection, improved signage, and
bicycle detection. No additional travel or turning lanes will be created, however, the reconfiguration
of the intersection and the signalization and signage will allow the intersection to operate more
efficiently. Work will be conducted along approximately 1,260 feet of Falmouth Road, 150 feet of
Prince Avenue and 307 feet of Cotuit Road.
Work Description:
The proposed project consists of the improvement of the existing intersection and the roadways
approaching the intersection. Primarily a new fully actuated signal system will be installed with
conduits, detection loops, mast arms and overhead signal heads. Minor reconfiguration of the
roadways at the intersection will provide better traffic control and intersection operation. The
existing paved surface will be cold planed and overlaid through the project limits. Minor roadway
changes will be provided on the northwest side of Cotuit Road where the westbound ramp will be
narrowed and slightly relocated for improved function. This will result in a slight reduction of the
existing pavement area. The existing traffic control island at Cotuit Road will also be reconfigured to
facilitate the changes to the westbound ramp. The southwest side of Prince Avenue will also be
revised to open up the intersection and reduce the radius of the southwest corner. This will facilitate
vehicle turning on to Prince Avenue from the west side of the intersection. The changes to the Cotuit
Street traffic island and the Prince Avenue corner will slightly increase the area of pavement.
Stormwater Management Measures:
The proposed project is redevelopment of an existing intersection and an existing stormwater
management system consisting of catch basins, man holes, drainage piping and outfalls are in place.
\\Mawatr\te\09582.01\reports\NOI-149\StormwaterMemorandum.doc
Date: December 9, 2008
Project No.: 09582.01
Three existing catch basins along Falmouth Road will be relocated slightly to the proposed new
gutter line were minor changes in the roadway edge are proposed. The stormwater management
system provides collection, control of runoff and water quality treatment. A brief description of
these measures is provided below. Details on the stormwater system are included in the
accompanying Stormwater Management Report (Attachment B).
Compliance with Checklist for Stormwater Report:
Compliance with the 10 stormwater management standards cited in Section 310 CMR 10.05(6)(k) of
the WPA Regulations is evaluated below:
Standard 1: (Untreated discharges)
No new stormwater conveyances (e.g., outfalls) may discharge untreated stormwater directly to or cause
erosion in wetlands or waters of the Commonwealth.
No new outfalls will be constructed as part of this project. Existing catch basins will be maintained
with the exception of three catch basins that will have to be relocated slightly to meet the new gutter
line. Deep sump catch basins will be installed for the new catch basins to provide improved
stormwater runoff quality. The new catch basins will be connected to the existing drainage system
and will discharge to the existing outfalls.
Standard 2: (Peak rate control and flood prevention)
Stormwater management systems must be designed so that post-development peak discharge rates do not
exceed pre-development peak discharge rates. This Standard may be waived for land subject to coastal storm
flowage.
Peak discharge rates from the intersection will not exceed the pre-development rates. Overall there
will be a slight reduction of impervious surface from the project. Reconfiguration of the Cotuit Road
intersection and the Prince Avenue intersection will result in 515 square feet less pavement area. The
peak runoff will therefore be slightly less than existing conditions as impervious area will decrease.
Drainage calculations were not prepared since the impervious area will be reduced. In addition, the
intersection drains to Bordering Land Subject to Coastal Storm Flowage on the south side of
Falmouth Road.
Standard 3: (Recharge to Ground water)
Loss of annual recharge to ground water shall be eliminated or minimized through the use of infiltration
measures, including environmentally sensitive site design, low impact development techniques, best
management practices, and good operation and maintenance. At a minimum, the annual recharge from the
post-development site shall approximate the annual recharge from the pre-development conditions based on soil
type. This Standard is met when the stormwater management system is designed to infiltrate the required
recharge volume as determined in accordance with the Massachusetts Stormwater Handbook.
The proposed intersection project will slightly reduce the amount of impervious surface and
therefore increase opportunity for infiltration to groundwater. The change in infiltration
characteristics will be slight and the project area will not meet the current standards for infiltration
to groundwater.
Standard 4: (80% TSS Removal)
Stormwater management systems must be designed to remove 80% of the average annual post-construction
load of Total Suspended Solids (TSS). This standard is met when:
a. Suitable practices for source control and pollution prevention are identified in a long-term pollution
prevention plan and thereafter are implemented and maintained;
b. Stormwater BMPs are sized to capture the required water quality volume determined in accordance
with the Massachusetts Stormwater Handbook; and
\\Mawatr\te\09582.01\reports\NOI-149\StormwaterMemorandum.doc
2
Date: December 9, 2008
Project No.: 09582.01
c. Pretreatment is provided in accordance with the Massachusetts Stormwater Handbook.
The proposed project does not involve a full reconstruction of the intersection and most of the
existing stormwater management system will be maintained. The project does include the
replacement of three existing catch basins with three deep sump catch basins. The existing catch
basins are assumed to not be deep sump designs and therefore the addition of the new catch basins
will improve TSS removal from runoff discharged from the intersection.
Standard 5 (Higher Potential Pollutant Loads (HPPL)
For land uses with higher potential pollutant loads, source control and pollution prevention shall be
implemented in accordance with the Massachusetts Stormwater Handbook to eliminate or reduce the discharge
of stormwater runoff from such land uses to the maximum extent practicable. If through source control and/or
pollution prevention, all land uses with higher potential pollutant loads cannot be completely protected from
exposure to rain, snow, snow melt and stormwater runoff, the proponent shall use the specific stormwater
BMPs determined by the Department to be suitable for such use as provided in the Massachusetts Stormwater
Handbook. Stormwater discharges from land uses with higher potential pollutant loads shall also comply with
the requirements of the Massachusetts Clean Waters Act, M.G.L. c. 21, §§ 26-53, and the regulations
promulgated thereunder at 314 CMR 3.00, 314 CMR 4.00 and 314 CMR 5.00.
The proposed project area is not classified as a higher potential pollutant load location.
Standard 6 (Critical Areas)
Stormwater discharges to a Zone II or Interim Wellhead Protection Area of a public water supply and
stormwater discharges near or any other critical area require the use of the specific source control and pollution
prevention measures and the specific stormwater best management practices determined by the Department to
be suitable for managing discharges to such area, as provided in the Massachusetts Stormwater Handbook. A
discharge is near a critical area if there is a strong likelihood of a significant impact occurring to said area,
taking into account site-specific factors. Stormwater discharges to Outstanding Resource Waters or Special
Resource Waters shall be set back from the receiving water and receive the highest and best practical method of
treatment. A “stormwater discharge,” as defined in 314 CMR 3.04(2)(a)1. or (b), to an Outstanding Resource
Water or Special Resource Water shall comply with 314 CMR 3.00 and 314 CMR 4.00. Stormwater
discharges to a Zone I or Zone A are prohibited unless essential to the operation of the public water supply.
The project site is not within a critical area. No Zone II, interim well head protection areas or
outstanding resource waters overlay the project site. Public beaches are well downstream of the
project area in the tidal portions of North Bay, West Bay and Cotuit Bay. The tidal waters
downstream of the project are also identified as suitable for shellfish.
Standard 8: (Erosion, Sediment Control)
A plan to control construction-related impacts, including erosion sedimentation and other pollutant sources
during construction and land disturbance activities (construction period erosion, sedimentation, and pollution
prevention plan), must be developed and implemented.
Little area of erodible surface will be created by the project. Most of the project area will be cold
plane and pavement overlay which will not create an erodible surface. However, the entire work
area in proximity to wetland resources will be protected by erosion controls. An erosion control plan
for construction activities has been prepared and proposed erosion controls are shown on sheets 10
and 11 of the project plan set.
Standard 9: (Operation and Maintenance)
A long-term operation and maintenance plan must be developed and implemented to ensure that stormwater
management systems function as designed.
The project area will be maintained in accordance with MassHighway’s standard maintenance
procedures. A copy of the MassHighway operations and maintenance plan is attached.
\\Mawatr\te\09582.01\reports\NOI-149\StormwaterMemorandum.doc
3
Date: December 9, 2008
Project No.: 09582.01
Standard 10 (Illicit Discharges)
All illicit discharges to the stormwater management system are prohibited.
No illicit discharges are known to exist in the project area. During construction all existing drainage
pipes will be inspected to verify there are no illicit connections to sanitary sewer systems.
\\Mawatr\te\09582.01\reports\NOI-149\StormwaterMemorandum.doc
4
MassHighway BMP Operation and Maintenance1
For a project subject to the DEP Stormwater Management Policy, Standard 9 requires the storm
water management system to have an operation and maintenance plan to ensure that the system
functions as designed. The plan should identify the system owner, the parties responsible for
operation and maintenance, a schedule for inspection and maintenance, and the maintenance tasks
to be undertaken.
Various state and local departments are responsible for the operation and maintenance of drainage
structures and BMPs associated with the thousands of miles of public roadways in the state.
Funding for ongoing operation and maintenance activities is provided through public process.
For projects on roadways where the municipality retains the responsibility for maintenance, the
Design Engineer should coordinate with the appropriate Municipal Officer to develop a maintenance
program for the storm drainage system. The Engineer should obtain written certification from the
Municipality that it accepts responsibility for performing this maintenance program.
Periodic inspection is an important component of an operation and maintenance plan. Moreover,
DEP (1997a) states that BMPs for roadways should be easy to maintain and have low frequency
maintenance requirements.
MassHighway recommends the following practices for the routine operation and maintenance of
roadway drainage systems and BMPs, consistent with the provisions of the NPDES Storm Water
Management Plan for MassHighway Owned and Operated Highways (MassHighway SWMP):
1. Maintain records that document catch basin inspection and cleaning (as well as any
maintenance activities for other drainage structures), including: executed contracts, certificates
of completion, contractor invoices, or other types of maintenance logs.
a. Develop a centralized database for keeping records on inspection and maintenance of catch
basins. This will include developing a statewide map of its drainage systems, on a project by
project basis as individual roadway projects are proposed and issued environmental permits.
MassHighway will collect data on the accumulation of debris (including the frequency of
cleaning catch basins, and any drainage problems) for representative areas, and determine if
the current inspection and cleaning schedule should be altered for particular areas.
b. The schedule will target areas that are in most need of cleaning, with an emphasis on
locations adjacent to sensitive receiving waters (e.g., public drinking water reservoirs), while
corresponding to MassHighway's limited maintenance budgets.
c. Upon completion of the review, the Standard Operating Procedure (SOP) for catch basin
cleaning will be updated, as necessary;
2. Sweep roadways on an annual basis after winter deicing applications as warranted, with an
emphasis on high sand accumulation areas and locations adjacent to sensitive receiving waters;
3. Note problems and take appropriate corrective actions to maintain outlets and BMPs in good
working condition;
4. Take appropriate control measures to avoid discharge of materials to receiving wetland and
water resources during cleaning and maintenance activities (e.g., avoid sidecasting sediments
from ditch cleaning into adjacent wetlands);
5. Install, inspect and maintain construction BMPs to ensure appropriate sediment control is
provided throughout construction and until the site is stabilized.
1
From MassHighway Storm Water Handbook for Highways and Bridges, May 2004, pgs. 4-20, 4-21
(http://www.mhd.state.ma.us/downloads/projDev/swbook.pdf).
6. The inspection and cleaning for other storm water BMPs are included in Section 5, BMP Design
Criteria, herein.
Routine tasks (e.g., sediment removal from drainage swales, catch basin cleaning in the buffer zone)
for the operation and maintenance of existing and future BMPs, conveyance systems, drainage
structures, and outlets described above are non-jurisdictional under the Wetlands Protection Act. As
such, these activities do not require filing of a Notice of Intent or Request for Determination of
Applicability under the regulations of the Act. Care should be exercised so that removed material
from such maintenance activities is not disposed within jurisdictional areas or where it may impact a
resource area.
Moreover, maintenance of wetlands created and used for the purpose of storm water management
or conveyance does not require filing a Notice of Intent (NOI) under the Wetlands Protection Act and
regulations, "provided that the work is limited to the maintenance of the storm water management
system and conforms to an Order of Conditions issued after April 1, 1983 and that the area is not
altered for other purposes" (see 310 CMR 10.02(3)).
In the context of roadways and highways, such "wetlands" may include basins or ponds, swales,
drainage ditches, depressions, or other structures or features used or intended for use in the
conveyance, control or treatment of roadway runoff.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Program
Checklist for Stormwater Report
A. Introduction
Important: When
filling out forms
on the computer,
use only the tab
key to move your
cursor - do not
use the return
key.
A Stormwater Report must be submitted with the Notice of Intent permit application to document
compliance with the Stormwater Management Standards. The following checklist is NOT a substitute for
the Stormwater Report (which should provide more substantive and detailed information) but is offered
here as a tool to help the applicant organize their Stormwater Management documentation for their
Report and for the reviewer to assess this information in a consistent format. As noted in the Checklist,
the Stormwater Report must contain the engineering computations and supporting information set forth in
Volume 3 of the Massachusetts Stormwater Handbook. The Stormwater Report must be prepared and
certified by a Registered Professional Engineer (RPE) licensed in the Commonwealth.
The Stormwater Report must include:
• The Stormwater Checklist completed and stamped by a Registered Professional Engineer (see
page 2) that certifies that the Stormwater Report contains all required submittals.1 This Checklist
is to be used as the cover for the completed Stormwater Report.
• Applicant/Project Name
• Project Address
• Name of Firm and Registered Professional Engineer that prepared the Report
• Long-Term Pollution Prevention Plan required by Standards 4-6
• Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan required
by Standard 82
• Operation and Maintenance Plan required by Standard 9
In addition to all plans and supporting information, the Stormwater Report must include a brief narrative
describing stormwater management practices, including environmentally sensitive site design and LID
techniques, along with a diagram depicting runoff through the proposed BMP treatment train. Plans are
required to show existing and proposed conditions, identify all wetland resource areas, NRCS soil types,
critical areas, Land Uses with Higher Potential Pollutant Loads (LUHPPL), and any areas on the site
where infiltration rate is greater than 2.4 inches per hour. The Plans shall identify the drainage areas for
both existing and proposed conditions at a scale that enables verification of supporting calculations.
As noted in the Checklist, the Stormwater Management Report shall document compliance with each of
the Stormwater Management Standards as provided in the Massachusetts Stormwater Handbook. The
soils evaluation and calculations shall be done using the methodologies set forth in Volume 3 of the
Massachusetts Stormwater Handbook.
To ensure that the Stormwater Report is complete, applicants are required to fill in the Stormwater Report
Checklist by checking the box to indicate that the specified information has been included in the
Stormwater Report. If any of the information specified in the checklist has not been submitted, the
applicant must provide an explanation. The completed Stormwater Report Checklist and Certification
must be submitted with the Stormwater Report.
1
The Stormwater Report may also include the Illicit Discharge Compliance Statement required by Standard 10. If not included in
the Stormwater Report, the Illicit Discharge Compliance Statement must be submitted prior to the discharge of stormwater runoff to
the post-construction best management practices.
2
For some complex projects, it may not be possible to include the Construction Period Erosion and Sedimentation Control Plan in
the Stormwater Report. In that event, the issuing authority has the discretion to issue an Order of Conditions that approves the
project and includes a condition requiring the proponent to submit the Construction Period Erosion and Sedimentation Control Plan
before commencing any land disturbance activity on the site.
swcheck • 04/01/08
Stormwater Report Checklist • Page 1 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Program
Checklist for Stormwater Report
B. Stormwater Checklist and Certification
The following checklist is intended to serve as a guide for applicants as to the elements that ordinarily
need to be addressed in a complete Stormwater Report. The checklist is also intended to provide
conservation commissions and other reviewing authorities with a summary of the components necessary
for a comprehensive Stormwater Report that addresses the ten Stormwater Standards.
Note: Because stormwater requirements vary from project to project, it is possible that a complete
Stormwater Report may not include information on some of the subjects specified in the Checklist. If it is
determined that a specific item does not apply to the project under review, please note that the item is not
applicable (N.A.) and provide the reasons for that determination.
A complete checklist must include the Certification set forth below signed by the Registered Professional
Engineer who prepared the Stormwater Report.
Registered Professional Engineer’s Certification
I have reviewed the Stormwater Report, including the soil evaluation, computations, Long-term Pollution
Prevention Plan, the Construction Period Erosion and Sedimentation Control Plan (if included), the Longterm Post-Construction Operation and Maintenance Plan, the Illicit Discharge Compliance Statement (if
included) and the plans showing the stormwater management system, and have determined that they
have been prepared in accordance with the requirements of the Stormwater Management Standards as
further elaborated by the Massachusetts Stormwater Handbook. I have also determined that the
information presented in the Stormwater Checklist is accurate and that the information presented in the
Stormwater Report accurately reflects conditions at the site as of the date of this permit application.
Registered Professional Engineer Block and Signature
Signature and Date
Checklist
Project Type: Is the application for new development, redevelopment, or a mix of new and
redevelopment?
New development
Redevelopment
Mix of New Development and Redevelopment
swcheck • 04/01/08
Stormwater Report Checklist • Page 2 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Program
Checklist for Stormwater Report
Checklist (continued)
LID Measures: Stormwater Standards require LID measures to be considered. Document what
environmentally sensitive design and LID Techniques were considered during the planning and design of
the project:
No disturbance to any Wetland Resource Areas
Site Design Practices (e.g. clustered development, reduced frontage setbacks)
Reduced Impervious Area (Redevelopment Only)
Minimizing disturbance to existing trees and shrubs
LID Site Design Credit Requested:
Credit 1
Credit 2
Credit 3
Use of “country drainage” versus curb and gutter conveyance and pipe
Bioretention Cells (includes Rain Gardens)
Constructed Stormwater Wetlands (includes Gravel Wetlands designs)
Treebox Filter
Water Quality Swale
Grass Channel
Green Roof
Other (describe):
Standard 1: No New Untreated Discharges
No new untreated discharges
Outlets have been designed so there is no erosion or scour to wetlands and waters of the
Commonwealth
Supporting calculations specified in Volume 3 of the Massachusetts Stormwater Handbook included.
swcheck • 04/01/08
Stormwater Report Checklist • Page 3 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Program
Checklist for Stormwater Report
Checklist (continued)
Standard 2: Peak Rate Attenuation
Standard 2 waiver requested because the project is located in land subject to coastal storm flowage
and stormwater discharge is to a wetland subject to coastal flooding.
Evaluation provided to determine whether off-site flooding increases during the 100-year 24-hour
storm.
Calculations provided to show that post-development peak discharge rates do not exceed predevelopment rates for the 2-year and 10-year 24-hour storms. If evaluation shows that off-site
flooding increases during the 100-year 24-hour storm, calculations are also provided to show that
post-development peak discharge rates do not exceed pre-development rates for the 100-year 24hour storm.
Standard 3: Recharge
Soil Analysis provided.
Required Recharge Volume calculation provided.
Required Recharge volume reduced through use of the LID site Design Credits.
Sizing the infiltration, BMPs is based on the following method: Check the method used.
Static
Simple Dynamic
Dynamic Field1
Runoff from all impervious areas at the site discharging to the infiltration BMP.
Runoff from all impervious areas at the site is not discharging to the infiltration BMP and calculations
are provided showing that the drainage area contributing runoff to the infiltration BMPs is sufficient to
generate the required recharge volume.
Recharge BMPs have been sized to infiltrate the Required Recharge Volume.
Recharge BMPs have been sized to infiltrate the Required Recharge Volume only to the maximum
extent practicable for the following reason:
Site is comprised solely of C and D soils and/or bedrock at the land surface
M.G.L. c. 21E sites pursuant to 310 CMR 40.0000
Solid Waste Landfill pursuant to 310 CMR 19.000
Project is otherwise subject to Stormwater Management Standards only to the maximum extent
practicable.
Calculations showing that the infiltration BMPs will drain in 72 hours are provided.
Property includes a M.G.L. c. 21E site or a solid waste landfill and a mounding analysis is included.
1
swcheck • 04/01/08
80% TSS removal is required prior to discharge to infiltration BMP if Dynamic Field method is used.
Stormwater Report Checklist • Page 4 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Program
Checklist for Stormwater Report
Checklist (continued)
Standard 3: Recharge (continued)
The infiltration BMP is used to attenuate peak flows during storms greater than or equal to the 10year 24-hour storm and separation to seasonal high groundwater is less than 4 feet and a mounding
analysis is provided.
Documentation is provided showing that infiltration BMPs do not adversely impact nearby wetland
resource areas.
Standard 4: Water Quality
The Long-Term Pollution Prevention Plan typically includes the following:
• Good housekeeping practices;
• Provisions for storing materials and waste products inside or under cover;
• Vehicle washing controls;
• Requirements for routine inspections and maintenance of stormwater BMPs;
• Spill prevention and response plans;
• Provisions for maintenance of lawns, gardens, and other landscaped areas;
• Requirements for storage and use of fertilizers, herbicides, and pesticides;
• Pet waste management provisions;
• Provisions for operation and management of septic systems;
• Provisions for solid waste management;
• Snow disposal and plowing plans relative to Wetland Resource Areas;
• Winter Road Salt and/or Sand Use and Storage restrictions;
• Street sweeping schedules;
• Provisions for prevention of illicit discharges to the stormwater management system;
• Documentation that Stormwater BMPs are designed to provide for shutdown and containment in the
event of a spill or discharges to or near critical areas or from LUHPPL;
• Training for staff or personnel involved with implementing Long-Term Pollution Prevention Plan;
• List of Emergency contacts for implementing Long-Term Pollution Prevention Plan.
A Long-Term Pollution Prevention Plan is attached to Stormwater Report and is included as an
attachment to the Wetlands Notice of Intent.
Treatment BMPs subject to the 44% TSS removal pretreatment requirement and the one inch rule for
calculating the water quality volume are included, and discharge:
is within the Zone II or Interim Wellhead Protection Area
is near or to other critical areas
is within soils with a rapid infiltration rate (greater than 2.4 inches per hour)
involves runoff from land uses with higher potential pollutant loads.
The Required Water Quality Volume is reduced through use of the LID site Design Credits.
Calculations documenting that the treatment train meets the 80% TSS removal requirement and, if
applicable, the 44% TSS removal pretreatment requirement, are provided.
swcheck • 04/01/08
Stormwater Report Checklist • Page 5 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Program
Checklist for Stormwater Report
Checklist (continued)
Standard 4: Water Quality (continued)
The BMP is sized (and calculations provided) based on:
The ½” or 1” Water Quality Volume or
The equivalent flow rate associated with the Water Quality Volume and documentation is
provided showing that the BMP treats the required water quality volume.
The applicant proposes to use proprietary BMPs, and documentation supporting use of proprietary
BMP and proposed TSS removal rate is provided. This documentation may be in the form of the
propriety BMP checklist found in Volume 2, Chapter 4 of the Massachusetts Stormwater Handbook
and submitting copies of the TARP Report, STEP Report, and/or other third party studies verifying
performance of the proprietary BMPs.
A TMDL exists that indicates a need to reduce pollutants other than TSS and documentation showing
that the BMPs selected are consistent with the TMDL is provided.
Standard 5: Land Uses With Higher Potential Pollutant Loads (LUHPPLs)
The NPDES Multi-Sector General Permit covers the land use and the Stormwater Pollution
Prevention Plan (SWPPP) has been included with the Stormwater Report.
The NPDES Multi-Sector General Permit covers the land use and the SWPPP will be submitted prior
to the discharge of stormwater to the post-construction stormwater BMPs.
The NPDES Multi-Sector General Permit does not cover the land use.
LUHPPLs are located at the site and industry specific source control and pollution prevention
measures have been proposed to reduce or eliminate the exposure of LUHPPLs to rain, snow, snow
melt and runoff, and been included in the long term Pollution Prevention Plan.
All exposure has been eliminated.
All exposure has not been eliminated and all BMPs selected are on MassDEP LUHPPL list.
The LUHPPL has the potential to generate runoff with moderate to higher concentrations of oil and
grease (e.g. all parking lots with >1000 vehicle trips per day) and the treatment train includes an oil
grit separator, a filtering bioretention area, a sand filter or equivalent.
Standard 6: Critical Areas
The discharge is near or to a critical area and the treatment train includes only BMPs that MassDEP
has approved for stormwater discharges to or near that particular class of critical area.
Critical areas and BMPs are identified in the Stormwater Report.
swcheck • 04/01/08
Stormwater Report Checklist • Page 6 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Program
Checklist for Stormwater Report
Checklist (continued)
Standard 7: Redevelopments and Other Projects Subject to the Standards only to the maximum
extent practicable
The project is subject to the Stormwater Management Standards only to the maximum Extent
Practicable as a:
Limited Project
Small Residential Projects: 5-9 single family houses or 5-9 units in a multi-family development
provided there is no discharge that may potentially affect a critical area.
Small Residential Projects: 2-4 single family houses or 2-4 units in a multi-family development
with a discharge to a critical area
Marina and/or boatyard provided the hull painting, service and maintenance areas are protected
from exposure to rain, snow, snow melt and runoff
Bike Path and/or Foot Path
Redevelopment Project
Redevelopment portion of mix of new and redevelopment.
Certain standards are not fully met (Standard No. 1, 8, 9, and 10 must always be fully met) and an
explanation of why these standards are not met is contained in the Stormwater Report.
The project involves redevelopment and a description of all measures that have been taken to
improve existing conditions is provided in the Stormwater Report. The redevelopment checklist found
in Volume 2 Chapter 3 of the Massachusetts Stormwater Handbook may be used to document that
the proposed stormwater management system (a) complies with Standards 2, 3 and the pretreatment
and structural BMP requirements of Standards 4-6 to the maximum extent practicable and (b)
improves existing conditions.
Standard 8: Construction Period Pollution Prevention and Erosion and Sedimentation Control
A Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan must include the
following information:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Narrative;
Construction Period Operation and Maintenance Plan;
Names of Persons or Entity Responsible for Plan Compliance;
Construction Period Pollution Prevention Measures;
Erosion and Sedimentation Control Plan Drawings;
Detail drawings and specifications for erosion control BMPs, including sizing calculations;
Vegetation Planning;
Site Development Plan;
Construction Sequencing Plan;
Sequencing of Erosion and Sedimentation Controls;
Operation and Maintenance of Erosion and Sedimentation Controls;
Inspection Schedule;
Maintenance Schedule;
Inspection and Maintenance Log Form.
A Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan containing
the information set forth above has been included in the Stormwater Report.
swcheck • 04/01/08
Stormwater Report Checklist • Page 7 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Program
Checklist for Stormwater Report
Checklist (continued)
Standard 8: Construction Period Pollution Prevention and Erosion and Sedimentation Control
(continued)
The project is highly complex and information is included in the Stormwater Report that explains why
it is not possible to submit the Construction Period Pollution Prevention and Erosion and
Sedimentation Control Plan with the application. A Construction Period Pollution Prevention and
Erosion and Sedimentation Control has not been included in the Stormwater Report but will be
submitted before land disturbance begins.
The project is not covered by a NPDES Construction General Permit.
The project is covered by a NPDES Construction General Permit and a copy of the SWPPP is in the
Stormwater Report.
The project is covered by a NPDES Construction General Permit but no SWPPP been submitted.
The SWPPP will be submitted BEFORE land disturbance begins.
Standard 9: Operation and Maintenance Plan
The Post Construction Operation and Maintenance Plan is included in the Stormwater Report and
includes the following information:
Name of the stormwater management system owners;
Massachusetts Highway Department
Party responsible for operation and maintenance;
Schedule for implementation of routine and non-routine maintenance tasks;
Plan showing the location of all stormwater BMPs maintenance access areas;
Description and delineation of public safety features;
Estimated operation and maintenance budget; and
Operation and Maintenance Log Form.
The responsible party is not the owner of the parcel where the BMP is located and the Stormwater
Report includes the following submissions:
A copy of the legal instrument (deed, homeowner’s association, utility trust or other legal entity)
that establishes the terms of and legal responsibility for the operation and maintenance of the
project site stormwater BMPs;
A plan and easement deed that allows site access for the legal entity to operate and maintain
BMP functions.
Standard 10: Prohibition of Illicit Discharges
The Long-Term Pollution Prevention Plan includes measures to prevent illicit discharges;
An Illicit Discharge Compliance Statement is attached;
NO Illicit Discharge Compliance Statement is attached but will be submitted prior to the discharge of
any stormwater to post-construction BMPs.
swcheck • 04/01/08
Stormwater Report Checklist • Page 8 of 8