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HomeMy WebLinkAbout20250121_NOI_CCS_part 1Notice of Intent Cape Cod Solution Phase II West Barnstable Substation Expansion Barnstable, MA Prepared by: Epsilon Associates,Inc. 3 Mill & Main Place,Suite 250 Maynard,Massachusetts 01754 Submitted to: Barnstable Conservation Commission 230 South Street Hyannis, MA 02601 Submitted by: NSTAR Electric Company d/b/a Eversource Energy 247 Station Drive Westwood, Massachusetts 02090 January 21, 2025 6744/Cape Cod Solution, Ph. 2 January 21, 2025 Barnstable Conservation Commission 230 South Street Hyannis, MA 02601 Subject: NOTICE OF INTENT – Eversource Cape Cod Solution, Phase 2, Barnstable, MA. Dear Commissioners: On behalf of our client, NSTAR Electric Company d/b/a Eversource Energy (the “Applicant” or “Eversource”), Epsilon Associates, Inc. (“Epsilon”) is pleased to submit this Notice of Intent (“NOI”) to the Barnstable Conservation Commission. The NOI has been prepared in accordance with the Massachusetts Wetlands Protection Act (MGL c.131 s.40) and implementing Regulations (310 CMR 10.00) (the "Act") and the Town of Barnstable Wetlands Protection Bylaw (Chapter 237). In accordance with the Commission’s NOI submittal checklist, we have included two (2) original and seven (7) copies of the application, site plans, and applicable filing fees. In addition to these paper copies, we have also emailed an electronic PDF copy of the complete NOI filing to Kimberly.cavanaugh@town.barnstable.ma.us and Edwin.hoopes@town.barnstable.ma.us. As described in the NOI, the Project involves the selective tree removal within a Bordering Vegetated Wetland (“BVW”) and/or the 100-foot Buffer Zone at two other locations along its electric transmission corridor in West Barnstable, and expansion of the West Barnstable Substation located on Oak Street. Please refer to the enclosed permit application and accompanying Project narrative and site plans for a complete description of the project activities, potential impacts, mitigation measures, and information demonstrating compliance with applicable performance standards. PAGE 2 of 2 BARNSTABLE CONSERVATION COMMISSION JANUARY 21, 2025 This NOI is being submitted for the Commission’s review at the regularly scheduled February 4, 2025 public hearing. If you have any questions regarding this application, please do not hesitate to contact me at (978) 461-6227 or via email at mhoward@epsilonassociates.com. Thank you. Sincerely, EPSILON ASSOCIATES, INC. Michael D. Howard, PWS, CWS Managing Principal Encl. CC: MassDEP SERO MassDFW NHESP Peter DeFusco, Eversource Energy NOTICE OF INTENT Massachusetts Wetlands Protection Act (M.G.L. c.131 §.40) Barnstable Wetland Protection Bylaw (Chapter 237) Cape Cod Solution Phase 2 West Barnstable Substation Expansion Barnstable, MA Applicant: NSTAR Electric Company d/b/a Eversource Energy 247 Station Drive Westwood, MA 02090 Prepared By: Epsilon Associates, Inc. 3 Mill and Main Place, Suite 250 Maynard, MA 01754 January 7, 2025 Table of Contents 6744/Cape Cod Solution Project Phase 2 i Table of Contents Notice of Intent Epsilon Associates, Inc. TABLE OF CONTENTS WPA FORM 3 – NOTICE OF INTENT ATTACHMENT A – PROJECT NARRATIVE 1 1.0 Introduction 1 2.0 Project Purpose & Need 1 3.0 Existing Environment 1 3.1 Delineated Wetland Resource Areas 2 3.2 NHESP Estimated Habitat Areas 2 4.0 Description of Proposed Work in Jurisdictional Areas 4 4.1 West Barnstable Substation Site 4 4.2 ROW 342 Tree Removals 5 5.0 Summary of Proposed Mitigation Measures 5 5.1 Sediment Controls and Erosion Prevention Measures 5 5.2 Buffer Zone Enhancement Plantings at West Barnstable Substation Site 6 5.3 Dewatering 6 6.0 Compliance with Wetlands Protection Act Regulations and Performance Standards 7 7.0 Compliance with the Barnstable Wetland Protection Bylaw Buffer Zone Regulations 8 7.1 Performance Standards for Projects Requiring a Notice of Intent (704-3) 9 7.2 Required Waiver of Performance Standards for Projects Proposed within the 50 ft. Buffer (704-4) 11 8.0 Conclusion 12 LIST OF ATTACHMENTS ATTACHMENT B TOWN OF BARNSTABLE CHAPTER 707 NOTICE OF INTENT CHECKLIST ATTACHMENT C FIGURES ATTACHMENT D WEST BARNSTABLE SUBSTATION PERMIT DRAWINGS (PREPARED BY BURNS & MCDONNELL) ATTACHMENT E SITE PHOTOGRAPHS ATTACHMENT F ABUTTER INFORMATION ATTACHMENT G FILING FEE INFORMATION ATTACHMENT H STORMWATER MANAGEMENT REPORT AND CHECKLIST (PREPARED BY BURNS & MCDONNELL) ATTACHMENT I EVERSOURCE BEST MANAGEMENT PRACTICES MANUAL ATTACHMENT J NHESP PERMIT 6744/Cape Cod Solution Project Phase 2 ii Table of Contents Notice of Intent Epsilon Associates, Inc. LIST OF TABLES Table 3-1 Description of Delineated Wetland Resource Areas in Barnstable 3 LIST OF FIGURES Figure 1 USGS Locus Map Figure 2 Mapped Habitats and Vernal Pools Figure 3 West Barnstable 345-kV Substation Expansion Overview of Proposed Work Figure 4 Selective Tree Removal in Buffer Zone or Wetland Resource Areas (2 sheets) WPA Form 3 – Notice of Intent wpaform3.doc • rev. 6/18/2020 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number 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. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): Eversource ROW 342 and substation at 625 & 661 Oak Street Barnstable b. City/Town 02668 c. Zip Code Latitude and Longitude: 41 41'9.068N d. Latitude 70 21'1.149 W e. Longitude Eversource ROW 342 & Maps 194/195 f. Assessors Map/Plat Number Eversource ROW 342 & Parcels 021/029 g. Parcel /Lot Number 2. Applicant: Peter a. First Name DeFusco b. Last Name NSTAR Electric Company d/b/a Eversource Energy c. Organization 247 Station Drive, SE270 d. Street Address Westwood e. City/Town MA f. State 02090 g. Zip Code 781.441.8165 h. Phone Number i. Fax Number peter.defusco@eversource.com j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner N/A (Eversource ROW 342) a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Michael a. First Name Howard b. Last Name Epsilon Associates, Inc. c. Company 3 Mill and Main Place, Suite 250 d. Street Address Maynard e. City/Town MA f. State 01754 g. Zip Code 978.461.6218 h. Phone Number 978.897.0099 i. Fax Number mhoward@epsilonassociates.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $500 (+$425 bylaw) a. Total Fee Paid $237.50 b. State Fee Paid $687.50 ($262.50+$425) c. City/Town Fee Paid wpaform3.doc • rev. 6/18/2020 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town A. General Information (continued) 6. General Project Description: Electric substation expansion work and limited tree clearing within Bordering Vegetated Wetlands and/or associated 100-foot Buffer Zones. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 310 CMR 10.53(3)(d) - construction of electric transmission line 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) 9271 c. Book 280 d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 6/18/2020 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland (Limited tree removals only 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 6/18/2020 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 1. square feet 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1. square feet 2. cubic yards beach nourishment e. Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f. Coastal Banks 1. linear feet g. Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i. Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l. Land Subject to Coastal Storm Flowage 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings wpaform3.doc • rev. 6/18/2020 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 2024 (MassGIS). b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review∗ 1. Percentage/acreage of property to be altered: (a) within wetland Resource Area 0 percentage/acreage (b) outside Resource Area 0.01% percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ∗∗ (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b) Photographs representative of the site ∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 6/18/2020 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. 23-8713 a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Hull to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov 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. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). wpaform3.doc • rev. 6/18/2020 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 6/18/2020 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town D. Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. Station #921 Site Plans a. Plan Title Burns and McDonnell b. Prepared By Robbyn L. Reed, PE c. Signed and Stamped by January 6, 2025 d. Final Revision Date Varies e. Scale Station 921Permitting Plan Set (Prepared for Eversource) 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: 56766 2. Municipal Check Number January 14, 2025 3. Check date 56768 4. State Check Number January 14, 2025 5. Check date Epsilon Associates, Inc. 6. Payor name on check: First Name 7. Payor name on check: Last Name