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HomeMy WebLinkAbout20250121_NOI_CCS_part 2 Attachment A Project Narrative 6744/Cape Cod Solution Project-Phase II 1 Attachment A - Narrative Notice of Intent Epsilon Associates, Inc. ATTACHMENT A – PROJECT NARRATIVE 1.0 Introduction On behalf of NSTAR Electric Company d/b/a Eversource Energy, (the “Applicant” or “Eversource”), Epsilon Associates, Inc. is pleased to submit this Notice of Intent (“NOI”) application to the Barnstable Conservation Commission. This NOI has been prepared in accordance with the Massachusetts Wetland Protection Act (MGL c.131 s.40) and implementing Regulations (310 CMR 10.00) (the "Act”) and the Barnstable Wetlands Protection Bylaw (Chapter 237) (“the Bylaw”). As explained in further detail below, the Applicant proposes work at the West Barnstable Substation site off Oak Street (“Project”) that will involve construction within the 100-foot Buffer Zone to a locally jurisdictional Isolated Vegetated Wetland (“IVW”). The Applicant also proposes to perform selective vegetation removal within a Bordering Vegetated Wetland (“BVW”) and the 100-foot Buffer Zone at two other locations along its electric transmission corridor in West Barnstable. Refer to Attachment C, Figure 1 for a USGS locus map of the Project vicinity and Attachment C, Figure 2 for aerial imagery of the immediate area. 2.0 Project Purpose & Need The modifications to the West Barnstable Substation and selective tree removal from within the Eversource electric transmission corridor will enable the transmission infrastructure to operate at 345-kV. The proposed West Barnstable Substation modifications will also interconnect Park City Wind LLC’s (“PCW”) approximately 800-megawatt (“MW”) wind energy generation facility to the electric grid. 3.0 Existing Environment The West Barnstable Substation is located on Eversource-owned land on Oak Street in Barnstable. The approximately 15-acre parcel also includes a 115-kV/25-kV substation (“Oak Street Substation”). The West Barnstable and Oak Street Substations each have their own fenced yard, and a network of gravel roads providing access to these facilities from Oak Street. The substations occupy two man-made terraces. A locally jurisdictional IVW is present in a depressional area located between the substations. Undeveloped upland areas of the site are characterized as Pine- Oak Forest. There is a stormwater infiltration basin located adjacent to the site entrance. Other delineated wetland resource areas along the Eversource electric transmission corridor include discrete pockets of small IVWs and areas of BVWs and Bank associated with Sandy Hill Pond and active commercial cranberry bogs near Pine Street and Parker Road in Barnstable. There are no areas of Riverfront Area, Bordering or Isolated Land Subject to Flooding, or Certified Vernal Pools near the proposed limits of work. 6744/Cape Cod Solution Project-Phase II 2 Attachment A - Narrative Notice of Intent Epsilon Associates, Inc. 3.1 Delineated Wetland Resource Areas The wetland resource area boundaries described in this NOI were approved in November 2022 under the separate MidCape Reliability Project NOI filing (Cape Cod Solutions Phase I) (MassDEP File No. SE3-6032). As described in that filing, the resource areas were field delineated in accordance with local, state, and federal regulations including the Barnstable Wetlands Protection Bylaw and Regulations, the Massachusetts Wetland Protection Act and implementing Regulations (310 CMR 10.00), the Massachusetts Department of Environmental Protection’s handbook, Delineating Bordering Vegetated Wetlands Under the Massachusetts Wetlands Protection Act (MassDEP, 2022), and the U.S. Army Corps of Engineers Wetland Delineation Manual (USACE, 1987) and Regional Supplement. The local, state, and federal delineation methodologies generally prescribe a multi-parameter approach, where hydrophytic vegetation, hydrology and hydric soils are reviewed in conjunction with one another to demarcate the wetland – upland boundary. Table 3-1 on the following page includes a general description of the delineated resource areas associated with this NOI filing. Please refer to the figures provided in Attachment C for their locations. Representative photographs of the delineated wetlands are provided in Attachment E. 3.2 NHESP Estimated Habitat Areas None of the work proposed at the West Barnstable Substation site is located in mapped Estimated Habitat. A portion of the selective tree removal on the transmission right-of-way west of the West Barnstable Substation site on the West Barnstable Conservation Area is located in mapped Estimated Habitat (and Priority Habitat). The mapped Estimated Habitat area in this location is associated with the Eastern Box Turtle. On December 13, 2024, the NHESP issued a permit approving the proposed Project under the Massachusetts Endangered Species Act (“MESA”). A copy of the approval letter is provided in Attachment G of this NOI. A copy of the NOI has been forwarded to the NHESP for review and comment as prescribed under 310 CMR 10.59. As was conditioned in the December 13th NHESP permit, with appropriate protection measures, such as monitoring turtles during construction via radio telemetry, contractor training, conducting sweeps of the work zone(s) for turtles prior to the start of work in sensitive area(s), the work within mapped habitat areas will not negatively or adversely impact this state-listed species. Further, while not located in Conservation Commission jurisdictional areas, any potential impacts from vegetation removal work to known state-listed plant species along the right-of-way (Priority Habitat) will also be avoided with the installation of exclusion fencing similar to the approach that was successfully employed during construction of the MidCape Reliability Project. 6744/Cape Cod Solution Project Phase 2 3 Attachment A - Narrative Notice of Intent Epsilon Associates, Inc. Table 3-1 Description of Delineated Wetland Resource Areas in Barnstable Wetland Flag Series ID Figure References Flags General Description of Wetland Resource Areas Wetland Resource Areas Represented by Delineated Flag Series Proposed Activity within Buffer Zone or Wetland Resource Areas Bordering Vegetated Wetland Isolated Vegetated Wetland Certified Vernal Pool Bank Land Under Water Bordering Land Subject to Flooding Riverfront Area 3 Figure 4 Sheet 1 3-1 through 3-14 Kettle hole depression vegetated with dense sweet pepperbush (Clethra alnifolia) along the edge, with highbush blueberry (Vaccinium corymbosum) in the lower, wetter areas. 6 Tree Removals (all within buffer zone) X Commercial Cranberry Bogs Figure 4 Sheet 2 N/A Active commercial cranberry (Vaccinium macrocarpon) bogs. none X X X 4 Figure 4 Sheet 2 4-B1 through 4- B28; 4-1 through 4- 10 Fringe of BVW along Sandy Hill Pond vegetated with red maple in the canopy and dense sweet pepperbush in the understory and herbaceous layers. 18 Tree Removals (5e within wetland and 13 within buffer zone) X (Sandy Hill Pond) X (Sandy Hill Pond) X (Sandy Hill Pond) 5 Figure 4 Sheet 2 5-1 through 5-19 BVW along Spruce Pond vegetated with red maple in the canopy and dense sweet pepperbush in the understory and herbaceous layers. none X (Spruce Pond) X (Spruce Pond) X (Spruce Pond) 1 Figure 3 1-1 through 1-9 This wetland consists of a small (approximately 2,700 s.f.), isolated topographical depression vegetated with common reed (Phragmites australis), eastern false willow (Baccharis halimfolia), poison ivy (Toxicodendron radicans), southern blackberry (Rubus argutus), and long-beaked willow (Salix bebbiana). Along the edge, bayberry (Morella caroliniensis), Japanese honeysuckle (Lonicera japonica), and Asiatic bittersweet (Celastrus orbiculatus) persist. West Barnstable Substation Expansion X 6744/Cape Cod Solution Project Phase 2 4 Attachment A - Narrative Notice of Intent Epsilon Associates, Inc. 4.0 Description of Proposed Work in Jurisdictional Areas 4.1 West Barnstable Substation Site No work will occur within a wetland resource area at the West Barnstable Substation site. Work in the Buffer Zone to a locally jurisdictional IVW is depicted on Figure 3 in Attachment C and the enclosed permit drawings provided in Attachment D. As depicted therein, the Buffer Zone activities include: • Temporary work pad construction, tree removal, and foundation installation associated with new Transmission Structure 92; and temporary work pad construction associated with new Transmission Structure 88. Approximately 0.06 acres of trees will be removed from within the Buffer Zone to facilitate these activities. The temporary work pads will be removed following construction, and the disturbed vegetated areas will be restored and stabilized with a native seed mix.1 • Trenching and backfilling to install two new underground 345-kV transmission duct banks extending from new Transmission Structures 88 and 91 to the east side of the expanded West Barnstable Substation. The underground duct banks will be located predominantly within existing gravel areas. The two underground duct banks will be installed in approximately eight-foot-wide trenches. No manholes are required. Following construction of the underground duct banks, the areas will be substantially restored to their preexisting conditions and stabilized with a native seed mix or gravel. Sedimentation and erosion control devices will be installed around the perimeter of the IVW prior to initiation of ground-disturbing activities to ensure the wetland is protected during construction. • Installation of stormwater management facilities in accordance with MassDEP Standards. • Grading, staging, construction trailers and laydown areas, gravel construction entrance and chain link fencing for substation expansion. • Removal of existing distribution poles generally between new Structure 88 and the Oak Street Substation. • Mitigation plantings for work proposed in the 50-foot Buffer Zone to IVW. 1 New England Conservation/Wildlife Mix (or equivalent). See https://newp.com/product/new-england- conservation-wildlife-mix/ 6744/Cape Cod Solution Project Phase 2 5 Attachment A - Narrative Notice of Intent Epsilon Associates, Inc. The proposed stormwater management system upgrades include installation of a substation yard crushed stone pad to treat and control stormwater runoff. The crushed stone pad also functions as a recharge system. The proposed improvements comply with MassDEP’s stormwater management standards, consistent with 310 CMR 10.05(6)(k). For additional detail, please refer to the Stormwater Report prepared by Project Engineers in Attachment J. The report includes MassDEP’s Stormwater Checklist, project narrative describing compliance with the stormwater standards, supporting drainage calculations and an operations and maintenance plan. While not located in the Buffer Zone to the IVW, the existing stormwater infiltration basin located at the site entrance will be protected during construction through the installation of sediment control devices. At some point in the construction process, this area may also be used for temporary staging and laydown of equipment. The site contractor will be required to span the stormwater infiltration basin with matting or other temporary bridging materials in a manner that does not impact nor change the basin’s inlet piping, side slopes or storage volume. 4.2 ROW 342 Tree Removals The electric transmission line corridor (ROW 342) is routinely maintained by Eversource and primarily cleared of mature trees from edge-to-edge. However, there are two locations in Conservation Commission jurisdictional areas along the southern edge of the transmission corridor that will require selective tree removals to maintain safety clearances to operate the existing transmission lines at 345-kV. A total of twenty-four (24) trees will be removed from these locations. Specifically, five (5) trees will be removed from a BVW near Sandy Hill Pond and thirteen (13) trees removed from the adjacent Buffer Zone. Six (6) trees will also be removed from the Buffer Zone to an off-ROW IVW located within the portion of the ROW that crosses through the West Barnstable Conservation Area. The five (5) trees to be removed from the BVW adjacent to Sandy Hill Pond will occur without any mechanized equipment entering the wetland. The equipment (e.g., feller buncher or other similar tree removal equipment) will be positioned in the upland and will reach into the BVW to remove the five trees, lifting each tree into the upland for offsite disposal. Alternatively, the five (5) trees may be removed by hand operated chain saws depending on the preference of the tree removal contractor. All of the trees to be removed from the BVW or Buffer Zones will be cut at grade, and stumps will be left in place. No ground disturbance is anticipated and therefore there is no need for sediment controls for the ROW 342 tree removal work. The locations of these tree removals are depicted in Figure 4 (Sheets 1 and 2) in Attachment C. 5.0 Summary of Proposed Mitigation Measures 5.1 Sediment Controls and Erosion Prevention Measures At the West Barnstable Substation site, the locally jurisdictional IVW will be protected during construction with sediment controls (e.g., silt fence and silt socks). The sediment controls will be inspected regularly and promptly repaired or replaced, as needed. The approximate locations of 6744/Cape Cod Solution Project Phase 2 6 Attachment A - Narrative Notice of Intent Epsilon Associates, Inc. these Best Management Practices (“BMPs”) are depicted in Attachment C, Figure 3 and the enclosed permit drawings provided in Attachment D. Additional controls will be added, as necessary and based on site-specific field conditions. In accordance with Eversource’s BMP Manual, in order to protect wildlife, no welded plastic, or mesh controls will be utilized, and all wattles and blankets shall be constructed of biodegradable (coir or cotton) materials. Photodegradable materials are also prohibited. In addition to these sediment control measures, erosion prevention measures will include stabilizing soils with an appropriate native seed mixture, stone, biodegradable erosion control blankets and/or mulch, as necessary and in accordance with applicable regulations and permit conditions. The temporary sediment control measures will be removed when site stabilization is achieved. 5.2 Buffer Zone Enhancement Plantings at West Barnstable Substation Site Eversource proposes to enhance a portion of the previously disturbed Buffer Zone to the locally jurisdictional IVW at the West Barnstable Substation site. More specifically, a native shrub community will be created within a 1,000 square foot area located in a previously disturbed portion of the 50-100-foot Buffer Zone. The proposed plantings include northern bayberry and highbush blueberry. Eversource also proposes to stabilize graded areas with a native seed mix 2, further enhancing the condition of the Buffer Zone and site in general following construction. Please refer to the permit drawings provided in Attachment D for additional detail. 5.3 Dewatering If groundwater is encountered in excavations associated with the substation expansion or the duct bank installation work, the water will likely be pumped and discharged via overland flow through the vegetated upland portion of the adjacent transmission ROW, away from the IVW, and allowed to percolate into the soil. Alternatively, the water may be pumped into a temporary dewatering basin or filter bag setup and then allowed to percolate into the ground. Please refer to Eversource’s BMP Manual provided in Attachment K for additional information. 2 See New England Wildflower Mix (https://newp.com/product/new-england-wildflower-mix) SPECIES: Little Bluestem (Schizachyrium scoparium), Red Fescue (Festuca rubra), Indian Grass (Sorghastrum nutans), Partridge Pea (Chamaecrista fasciculata), Canada Wild Rye (Elymus canadensis), Virginia Wild Rye (Elymus virginicus), Blue Vervain (Verbena hastata), Butterfly Milkweed (Asclepias tuberosa), Narrowleafed Blue Eyed Grass (Sysrinchium angustifolium), Black Eyed Susan (Rudbeckia hirta), New England Aster (Symphyotrichum novae-angliae), Marsh Blazing Star (Liatris spicata), Calico Aster (Symphyotrichum , Annual Ryegrass (Lolium multiflorum), Early Goldenrod (Solidago juncea), and Hollow-Stem Joe Pye Weed (Eupatorium fistulosum). 6744/Cape Cod Solution Project Phase 2 7 Attachment A - Narrative Notice of Intent Epsilon Associates, Inc. 6.0 Compliance with Wetlands Protection Act Regulations and Performance Standards The proposed work at the West Barnstable Substation site and most of the tree removals from within the ROW do not involve any work in wetland resource areas and therefore comply with the applicable General Performance Standards referenced in the WPA and Bylaw regulations. The work in the Buffer Zone will avoid impacts to resource areas by establishing a defined limit of work, installing sediment controls, and implementing erosion prevention and site stabilization measures following completion of construction. Regarding the removal of five (5) trees from the BVW near Sandy Hill Pond, that work has been designed to conform to the Limited Project standards of the WPA 3. According to 310 CMR 10.53(3)(d), “… the construction, reconstruction, operation and maintenance of underground and overhead public utilities (including water, natural gas and electric distribution lines) may be permitted by the Conservation Commission(s)” in accordance with the standards for Limited Projects identified below: 310 CMR 10.53(3)(d)1. – The issuing authority may require a reasonable alternative route with fewer adverse effects for a local distribution or connecting line not reviewed by the Energy Facilities Siting Council; This standard is not applicable. While the proposed Project is subject to review by the Energy Facilities Siting Board, the proposed work described in this NOI does not involve construction nor route selection associated with a new transmission line. 310 CMR 10.53(3)(d)2. – Best available measures shall be used to minimize adverse effects during construction; Tree removals will be performed from upland areas within the electric transmission corridor without the need for equipment entry into wetland areas. The equipment (e.g., feller buncher or other similar tree removal equipment) will be positioned in the upland and will reach into the wetland to remove the five (5) trees, lifting each tree into the upland for offsite disposal. Alternatively, the five (5) trees may be removed by hand operated chain saws depending on the preference of the tree removal contractor. Trees will be cut at grade, and stumps will be left in place. No ground disturbance is anticipated. 3 Removing these five trees also complies with the BVW General Performance standards because the proposed alterations are well below the 5,000 s.f. threshold, the work will not result in the loss of any BVW, and the work will not have an adverse effect on specified habitat sites of rare vertebrate or invertebrate species as determined by the NHESP (see NHESP Permit provided in Attachment G). 6744/Cape Cod Solution Project Phase 2 8 Attachment A - Narrative Notice of Intent Epsilon Associates, Inc. 310 CMR 10.53(3)(d)3. – The surface vegetation and contours of the area shall be substantially restored; As noted above, felled trees will not be uprooted; this will prevent disruption to the wetland soil structure. The ground cover will remain undisturbed with the tree removal techniques described above. 310 CMR 10.53(3)(d)4. – All sewer lines shall be constructed to minimize inflow and leakage. This standard is not applicable. The Project does not involve sewer line connections. 7.0 Compliance with the Barnstable Wetland Protection Bylaw Buffer Zone Regulations As described in Section 4.1, certain Project activities will occur within areas regulated under the Barnstable Wetland Protection Bylaw. These activities include • Grading of approximately 5,200 square feet (0.12 acres) of land within the 100-foot Buffer Zone east of the locally jurisdictional IVW to facilitate installation of stormwater management facilities and access into the expanded substation. • Temporary gravel work pad construction, tree removal, and foundation installation associated with the installation of new Transmission Structure 92; and temporary work pad construction associated with new Transmission Structure 88. Approximately 0.06 acres of trees will be removed from within the Buffer Zone to facilitate these activities. The temporary work pads will be removed following construction and the disturbed areas restored and stabilized with a native seed mix. • Trenching and backfilling to install two new underground 345-kV transmission duct banks extending from new Transmission Structures 88 and 91 to the east side of the expanded West Barnstable Substation. The underground duct banks will be located predominantly within existing gravel areas. The two underground duct banks will be installed in approximately eight-foot-wide trenches. No manholes are required. Following construction of the underground duct banks, the areas will be substantially restored to their preexisting conditions and stabilized with a native seed mix or gravel. Sedimentation and erosion control devices will be installed around the perimeter of the IVW prior to initiation of ground-disturbing activities to ensure the wetland is protected during construction. • Installation of stormwater management facilities in accordance with MassDEP Standards; • Grading, staging, construction trailers and laydown areas, gravel construction entrance and chain link fencing for substation expansion; • Removal of existing distribution poles generally between proposed Structure 88 and the Oak Street Substation; 6744/Cape Cod Solution Project Phase 2 9 Attachment A - Narrative Notice of Intent Epsilon Associates, Inc. • Mitigation plantings for work proposed in the 50-foot Buffer Zone to IVW; and • The selective removal of five (5) trees from a BVW and nineteen (19) trees from the Buffer Zone of two locations within ROW 342. These activities to be undertaken at the West Barnstable Substation site are depicted on the permit drawing map set provided in Attachment D and Figure 3 in Attachment C. The locations of the planned tree removals are provided in Figure 4 of Attachment C (Sheets 1 and 2). Information describing the Project’s compliance with the Bylaw Buffer Zone Regulations is provided below. 7.1 Performance Standards for Projects Requiring a Notice of Intent (704-3) A. A 50 ft undisturbed buffer zone shall be retained between the landward-most wetland resource areas and the limit of proposed site disturbance. According to Section 704-2 of the Bylaw, a 50-foot undisturbed buffer zone means, The Area of land extending 50 ft horizontally outward from the boundary of resource areas. A 50 ft undisturbed buffer zone consists entirely of unmanaged/unmaintained vegetation [emphasis added] or long-established meadow. All the following are absent from a 50 ft undisturbed buffer zone: hardscape (except for permitted access paths and/or bank access stairs), lawns, ornamental plants and shrubs, gardens of any kind. This zone may be referred to herein as the “50-foot undisturbed buffer.” This standard does not apply to the West Barnstable Substation expansion work because a 50- foot undisturbed Buffer Zone does not currently exist between the area of the proposed work and the existing IVW. A portion of the area surrounding the IVW has been altered by the presence of the existing gravel access drive. The only activities proposed within 50-feet of the IVW include underground transmission line duct bank construction predominantly within the existing gravel access road and a portion of the temporary work pad construction associated with the installation of new Transmission Structure 92. When construction is complete, the temporary work pad will be removed, and the disturbed vegetated areas will be restored with a native seed mix. Tree removals from the south side of the electric transmission corridor will involve some removals within both the 50-foot Buffer Zone and within a BVW. These removals are necessary to safely operate the existing overhead electric transmission lines at 345-kV. In all cases the trees are being removed from the edge of the ROW, in which periodic vegetation management is routinely performed. Thus, these jurisdictional areas are also previously disturbed. B. WHERE A 50 FT UNDISTURBED BUFFER ZONE, as measured in accordance with 704-2A, EXISTS prior to the proposed work and is proposed to remain intact, proposed work within the 50 to 100 ft. buffer zone shall not require further buffer zone enhancement. 6744/Cape Cod Solution Project Phase 2 10 Attachment A - Narrative Notice of Intent Epsilon Associates, Inc. This standard does not apply. As noted above, a portion of the 50-foot Buffer Zone surrounding the IVW is currently altered by the existing gravel access drive on its northern and western sides. The IVW and Buffer Zone is also located in an actively maintained transmission line ROW. The same is true for the selective tree removals, which are located at the edge of the existing transmission ROW, for which periodic vegetation management is routinely carried out. C. WHERE A 50 FT UNDISTURBED BUFFER ZONE, as measured in accordance with 704-2A, DOES NOT EXIST prior to the proposed work, any work proposed within the 100 ft. buffer zone shall be subject to mitigation planting requirements intended to restore, in so far as possible, both the dimensions of a 50 ft undisturbed buffer and its vegetation. For such work proposed within the 50-100 ft zone, the calculation of mitigation is set forth in 704- 3D. As noted above, most activities proposed in the 100-foot Buffer Zone at the West Barnstable Substation site will occur in areas comprised of gravel. Vegetated areas altered by temporary work pad construction to install new Structure 92 will be restored with a native seed mix at the completion of construction. Similarly, vegetated areas altered during construction of the substation gravel entrance drive and related site grading / stormwater management facilities will be restored with a native seed mix and supplemental shrub plantings as set forth in 704-3D below. Regarding the selective tree removal work on ROW 342, these areas will remain vegetated with compatible shrub, sapling and grasses following completion of the work consistent with the actively maintained transmission corridor. D. CALCULATION OF MITIGATION FOR WORK PROPOSED WITHIN THE 50 TO 100 FT BUFFER – The amount of mitigation planting required for work proposed within the 50 to 100 ft. buffer zone shall be determined by the following method: a. Calculate area of proposed hardscape within the 50 to 100 ft. buffer zone: According to Section 704-2 of the Bylaw, “hardscape” means: Any structure or other covering on or above the ground that includes materials commonly used in building construction such as wood, asphalt, and concrete, and also includes but is not limited to, all structures, decks and patios, sidewalks, landscape walls, and paving including gravel, shell, pervious or impervious concrete and asphalt. Permanent hardscape proposed within the 50-foot to 100-foot portion of the Buffer Zone includes a concrete foundation for new Structure 92, a handhole cover, a stone splash pad, and a few fenceposts. These areas total approximately 244 square feet. 6744/Cape Cod Solution Project Phase 2 11 Attachment A - Narrative Notice of Intent Epsilon Associates, Inc. b. Multiply the area found in 704-3D(a) by 3 to obtain the area of required mitigation at a 3:1 planting to disturbance ratio. Based on the 3:1 ratio prescribed above, the required mitigation area totals approximately 732 s.f. c. In no case shall the total area of mitigation plantings required be greater than that which is necessary to restore a 50 ft. undisturbed buffer in its entirety. The total area of 50-foot buffer zone on the West Barnstable Substation site is approximately 24,000 s.f. The area of proposed mitigation is approximately 1,000 sf. E. LOCATION OF MITIGATION PLANTING - Mitigation planting location(s) shall clearly be shown on the site plan. The plan shall also provide area calculations for the amount of mitigation planting herein required, and the amount of mitigation planting proposed. Please refer to the enclosed permit drawings provided in Attachment D. F. BEST PRACTICES (1) The Conservation Commission shall exercise a preference for pervious surface types of hard scape. This standard is not applicable given the type and nature of the proposed work. (2) Where possible and practical, proposed hardscape within the 50 to 100 ft. buffer zone shall be located no closer than 10 ft from the landward limit of the 50 ft buffer zone, so that attendant construction, landscaping, and maintenance activities may proceed without impact to the 50 ft buffer zone. The proposed permanent hardscape referenced above is located at least 10-feet from the landward limit of the 50-foot Buffer Zone. At its closest point, the fence enclosing the expanded substation fence line is approximately 65-feet from the IVW edge. 7.2 Required Waiver of Performance Standards for Projects Proposed within the 50 ft. Buffer (704-4) A. HARDSCAPE OR LANDSCAPE ALTERATION PROPOSED WITHIN THE 50 FT. BUFFER, (except as noted in Section 704-6 below) shall require a full or partial waiver of the Performance Standards found in Section 704-3. The Conservation Commission shall have the discretion to grant a waiver should it find that the overall project, when considered with its proposed mitigation, will protect the wetland interests contained in Ch. 237. The waiver shall specify the terms of acceptable mitigation in accordance with Section 704-4(B), and either Section 704-4(C) or 704-5 below. To the extent feasible and practical, work should be avoided within the 50 ft buffer. Therefore, the granting of a waiver and acceptance of mitigation for work 6744/Cape Cod Solution Project Phase 2 12 Attachment A - Narrative Notice of Intent Epsilon Associates, Inc. performed within the 50 ft. buffer should be considered only under exceptional, limited circumstances. In the absence of a waiver, hardscape or landscape alteration proposed within the 50 ft. buffer shall not be undertaken. Since no hardscape or landscape alterations other than restoration of existing gravel access road areas following construction are proposed within the 50-foot Buffer Zone, a waiver of the performance standards found in Section 704-3 is not required. B. CALCULATION OF MITIGATION UNDER A WAIVER (1) The minimum amount of mitigation planting required for a waiver of Performance Standards (Section 704-3) shall be determined using the following formula: a. Calculate area of disturbance from proposed hardscape and landscape alterations within the 50 ft. buffer zone; and Not applicable. b. Multiply the area found in Section 704-4(B)(1)a by 4 to obtain the area of required mitigation at a 4:1 planting to disturbance ratio. Not applicable. C. ON-SITE MITIGATION UNDER A WAIVER (1) When the required mitigation is to be provided on site, mitigation planting location(s) shall clearly be shown on the site plan. The plan shall also provide area calculations for the amount of 50 ft buffer zone altered, the amount of mitigation planting herein required, and the amount of mitigation planting proposed. Not applicable. 8.0 Conclusion The information contained in this NOI, and the accompanying site plans sufficiently describes the site, proposed work, and the effect of said work on the interests identified in the Wetlands Protection Act and the Barnstable Wetland Protection Bylaw. Impacts to wetland resource areas have been avoided and minimized in accordance with applicable regulatory performance standards. Eversource therefore respectfully requests that the Commission issue an Order of Conditions approving the Project with appropriate conditions to protect those interests identified in M.G.L. c. 131 §40 and the Barnstable Bylaw (Chapter 237). Attachment B Town of Barnstable Chapter 707 Notice of Intent Checklist Chap 707/rev. March 2022 Page 1 CHAPTER 707 Regulation Governing Minimum Submission Requirements for a Notice of Intent Application The Barnstable Conservation Commission has adopted the following requirements in order to obtain more consistently complete submission documents necessary for a thorough and efficient review of all Notice of Intent (NOI) applications. Failure to complete any of the items in this checklist may result in your application being denied. Applicant or applicant’s agent should check each box denoting that the task has been completed or in certain instances, like field staking, denoting that the task will be completed. The following submission checklist covers the requirements of Chapter 237, Wetlands Protection, of the Part I General Ordinances of the Code of the Town of Barnstable. This checklist shall be submitted to the Barnstable Conservation Division with the NOI application. 1. Requirements a. The applicant understands, unless they’ve instructed otherwise, they are applying both under the Massachusetts Wetlands Protection Act M.G.L. c.131,§40 and Chapter 237 of the Town of Barnstable General Ordinances. b. Attach a written narrative to the NOI application (WPA Form 3), available at: www.mass.gov/eea/agencies/massdep/service/approvals/wpa-form-3.html describing any project impacts and proposed mitigation as they relate to the following: 1) Any of the interests of Chapter 237 of the General Ordinances and the MassDEP Wetlands Protection Act M.G.L. 131, §40. 2) The performance standards contained in the MassDEP Wetlands Protection Regulations (310 CMR 10.00) 3) Chapter 704: Regulation Governing Activity in the 100-ft. Buffer Zone. 4) Chapter 703: Private Docks and Piers. 5) Any other applicable regulations (310 CMR 10.00 or as promulgated under Chapter 237 of the General Ordinances). c. Enclose proper payment to cover the fee for Chapter 237 filings. Consult current Fee Schedule at www.townofbarnstable.us/Conservation d. Please indicate who is to record the Order of Conditions (check one): Applicant Agent 2. Abutter Notification (See Abutter Notification Regulation, Chapter 706) Town of Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 Office: 508-862-4093 E-mail: conservation@town.barnstable.ma.us X X X X X X N/A X X X Chap 707/rev. March 2022 Page 3 c. Provide a signed Permission to Access Property, Form PA. The form must be signed by the property Owner, or legal representative and submitted prior to NOI being docketed and application advertised. Form PA is available at www.townofbarnstable.us/Conservation/. Do not send the abutter letter out until the form is submitted to the Conservation Division office. d. For projects requiring mitigation plantings under Chapter 704 -3, 704-4, and 704-5, mitigation planting location(s) shall clearly be shown on landscaping planting plan. The planting plan shall include species list (chosen from the Town of Barnstable Conservation Commission approved planting lists), sizes, densities and/or quantities. The plan shall also provide area calculations between 0 to 50 and 50 to 100 separately for the amount of mitigation planting required, and the amount of mitigation planting proposed. e. Provide detailed, written street directions to the locus (site). f. Provide a copy of a U.S.G.S. locus map indicating the general area of the project site. g. Provide a check for the Town of Barnstable portion of the required filing fee. (The portion payable to the Commonwealth, see 7. e. below) h. Provide any other documentation, photographs, architectural renderings or other supporting data prepared by professionals competent in the field which may be relevant to the application. 6. The site plan shall also show: a. All existing and proposed contours at 2-ft. minimum intervals (1-ft. preferred). b. Clear delineation of all existing and proposed structures and features. Building structures must be accurately dimensioned (fixed location) from property lines and wetland resource areas. Plans shall provide sufficient detail to show all potential wetland impacts, mitigation, compensatory areas, engineered structures, utilities, landscaping, etc. within the area of jurisdiction. On complicated sites, existing and proposed conditions must be shown on separate sheets. c. Locus inset map of the site clearly showing its location relative to surrounding public streets. d. All wetland resource area flags by individual flag number (matched to the field) to clearly identify all resource areas on or within 100 feet of the work area. The individual who performed the flagging and date of flagging shall be identified on the plan next to the resource line. e. Section views showing changes in grade, cuts and fills. 7. SUBMISSION OF THE COMPLETED APPLICATION WITH PLANS: a. Provide a signed Permission to Access Property, Form PA. The form must be signed by the property Owner, or legal representative and submitted prior to NOI being docketed and application advertised. Form PA is available at www.townofbarnstable.us/Conservation/. Do not send the abutter letter out until the form is submitted to the Conservation Division office. b. Email NOI application and all associated materials in PDF format to Kimberly.Cavanaugh@town.barnstable.ma.us AND Darcy.Karle@town.barnstable.ma.us . Do not include copies of checks. All attachments must be named with the hearing date (year first), type, name, address. Examples 20220301 NOI Smith 21 Main Street or 2022031 NOI Plan Smith 21 Main Street. c. Provide two (2) full NOI applications with folded plans (colored ink stamp) with signature/date to the Town of Barnstable Conservation Division Office for administrative use; X X X X X X X X X X N/A X X X