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Home My WebLink AboutRMF Restoration EORP Narrative Marlborough Technology Park 100 Nickerson Road, Marlborough, MA 01752 Tel 508.786.2200 Fax 508.786.2201 tetratech.com February 25, 2025 Tom Lee – Chairman Barnstable Conservation Commission 230 Main Street Hyannis, MA 02601 Re: Rushy Marsh Farm 2025 Restoration Plan “Enforcement Order Response Plan” 1541 Main Street Cotuit, MA Dear Chairman Lee, The following narrative along with the attached plans comprise the Enforcement Order Response Plan (EORP) as required by the Enforcement Order issued by the Commission at its February 11, 2025 meeting at which the Commission opted for (1) the partial restoration of the impacted area and (2) replication in the paddock area to offset impacts resulting from wetland fills near the farm’s Main Street entrance and the recently installed “Missing Pieces” sculpture. The area of impact comprises 4,493 sf of Bordering Vegetated Wetland consisting of a Shallow Marsh Plant Community that was/is highly degraded by State-Listed invasive Phragmites australis; 3,046 sf of which occurred during installation of several large diameter willow trees adjacent to the sculpture and 1,447 sf of which unknowingly occurred prior to the Commission’s approval of the sculpture installation. Review of aerial photography suggests the filling was concurrent with installation of another large willow tree in 2018. For the purposes of this proposal, we refer to them as the “2024 Fill” and the “2018 Fill” respectively and collectively as the “Fills”. The impact areas were calculated based on a comparison of the BVW boundary as shown on 2014 NOI filings to the current edge of BVW as recently delineated by our wetland scientist. The Fills and wetland boundaries are depicted on the attached Figure 1 and form the basis of our proposed restoration/replication plans. OBJECTIVE The objective of the EORP is to document work to be performed in and around the impacted area intended to restore habitat and stormwater management function while leaving the four willow trees, the sculpture and the fill material in place recognizing that replication of the lost resource area is planned on the opposite side of the same waterbody where it is most viable and will return the greatest ecological value. The proposed palette of restoration planting has been selected to be an improvement over the invasives that were displaced both in function and diversity. NARRATIVE Impact Evaluation and Restoration The following section summarizes impacts to interests protected under the Massachusetts Wetlands Protection Act (WPA) M.G.L. Ch. 131, Section 40 and its regulations (310 CMR 10.00 et seq.), and the “wetlands values” protected under the Town of Barnstable Wetlands Protection Bylaw (Ch. 237) and proposes Rushy Marsh Farm Enforcement Order Response Plan February 25, 2025 TETRA TECH 2 measures to restore any lost function. For the purposes of this analysis the impacted resource areas include Bordering Vegetated Wetland (BVW) and Land Subject to Coastal Storm Flowage (LSCSF). Each interest is identified below along with a corresponding summary of related impacts and required offsets. Items identified with (MA/B) are functions protected under both the Massachusetts Wetlands Protection Act and the Barnstable Bylaw. Items identified with (B) are functions protected under the Barnstable Bylaw alone. Protect Public Water Supply (MA/B) – The impacted area is within a community served by public water and is not located near current or anticipated future public water supplies. As such, there are no impacts to public water supply. Regardless the restoration includes a diverse range of native shrubs and grasses which reduce nutrients and other pollutants that have the potential to impact ground and surface water. Protect Groundwater (MA/B) – Ground cover in the impacted area was converted from shrub/phragmite to lawn. Given lawn provides less filtration and nutrient uptake than shrub/phragmite groundcover some although modest groundwater protection was lost. To offset this loss the restoration will include replacing approximately 4,500 sf of lawn and mulch with dense and diverse shrubs and grasses to restore the groundwater protections lost in the impacted area. Provide Flood Control (MA/B) – The impacted area is located within LSCSF and as such provides some level of flood control. Based on our review of available topographical information we estimate approximately 8,000 cubic feet of LSCSF volume was displaced by the Fills. Although considered negligible in the context of coastal flooding, the restoration/replication will restore at least 8,000 cubic feet of flood storage volume within LSCSF with most, if not all, of it provided by the paddock replication. Prevent Storm Damage (MA/B) – The impacted area is a small part of a much larger wetland/pond system and is not integral to the prevention of storm damage beyond the overlapping interests of the categories above. Offsetting groundcover change and lost flood control volume as described above will ensure no loss in storm damage prevention. Prevent Pollution (MA/B) – Similarly, the impacted area is not integral to the prevention of pollution outside of the categories described above. Offsetting groundcover change and lost flood control volume will ensure no long-term loss in pollution prevention and the incorporation of erosion and sedimentation controls during construction will prevent any construction period pollution. Protect Land Containing Shellfish (MA/B) – The impacted area is not considered Land Containing Shellfish and as such there is no corresponding function loss to offset. Protect Wildlife Habitat (MA/B) – As described above, groundcover within the impacted area was converted from a dense shrubby ground cover degraded by invasives to lawn and mulch. Although the fill included planting several large willow trees that provide a habitat volume substantially larger than what was lost, it does so in an elevated position serving a substantially different wildlife community. As such the loss of ground level habitat will be offset by removing nearly all lawn/mulch within the impacted area and replacing it with a mixture of native shrubs and grasses that will restore ground level habitat while maintaining the substantial habitat volume provided by the tree canopy. Protect Fisheries (MA/B) – The impacted area is not part of a fishery and as such there is no corresponding function loss to offset. Erosion and Sedimentation Control (B) – The impacted area is completely vegetated and stable and is not susceptible to erosion or a quantifiable/measurable source of sediment. Erosion and sedimentation Rushy Marsh Farm Enforcement Order Response Plan February 25, 2025 TETRA TECH 3 controls will be installed prior to any land disturbance activity and maintained throughout construction to prevent any short-term impacts to adjacent resource areas. Recreation (B) – The impacted area was shrubby wetland generally overgrown with phragmites and was not used for recreational purposes and as such there is no corresponding loss of recreational function. Aesthetics (B) – The impacted area was converted from a non-descript wetland generally overgrown with phragmites to a well-maintained lawn area shaded by several large willow trees which could arguably be considered an improvement over the original condition. Recognizing that the lawn’s manicured appearance is a different less natural aesthetic than existed prior to the fill, the restoration will remove lawn/mulch in the impacted area and replace it with native shrubs and grasses restoring the natural appearance while maintaining the added value provided by the new trees. Agricultural and Aquacultural Value (B) – Although part of the Rushy Marsh Farm property, the impacted area was not used for agriculture or aquaculture and as such there is no corresponding loss of function to offset. Historical Value (B) – The impacted area contained no structures or site features of historical value and as such there is no corresponding loss of historical value. Proposed Restoration Recognizing that excavation of the fill materials is likely to result in continued propagation of the phragmites and require a significant amount of land disturbance in an area flanked by the ponds on either side of the driveway, the EORP maintains the current grades and replaces the lawn/mulch within the restoration area with a dense collection of native shrubs and groundcover as shown in detail on Sheet C-201 of the attached “Rushy Marsh Farm - 2025 Restoration Enforcement Order Response Plan” (Plans) which is generally as described in the Wilkinson Ecological Restoration Plan and Restoration Project Benefit and Monitoring Protocol included with our prior submittals The four (4) willow trees will be protected during construction and will remain in place. The sculpture will also remain in its current location along with a narrow (5-foot) band of lawn around it to view or otherwise maintain the sculpture. The proposed restoration planting will provide a valuable zone where stormwater runoff can infiltrate or otherwise be filtered by plants prior to its eventual arrival at the wetland. The work consists primarily of removing the lawn and mulch areas within the area impacted by the Fills and replacing it with a diverse shrub/groundcover layer intended to restore the ecological functions and habitat value otherwise lost. By replacing the lawn and mulch with a diverse mixture of tiered native shrubs and groundcover, those functions are not only restored but enhanced over the monoculture of phragmites which existed prior to the filling. The anticipated sequence of construction is provided below: EXECUTION The following describes the sequence of activities required to complete the restoration work including activities and authorizations needed to begin understanding the Commission must approve the proposed Paddock Replication before allowing the Fills and trees to be left in place. Pre-Construction and Required Approvals 1. Commission approves EORP and issues conditions. Rushy Marsh Farm Enforcement Order Response Plan February 25, 2025 TETRA TECH 4 2. EORP Contractor selection and plant material tagging. 3. Commission issues OOC for Paddock Replication. 4. Notify EORP contractor to begin construction and provide work schedule. Construction Sequence 1. Install tree protection, perimeter erosion control barrier and temporary construction controls. 2. Notify Commission staff that controls are in place and the construction is ready to begin. 3. Remove lawn and mulch to the limits shown on the Plans using a sod cutter or similar minimally invasive measures to limit disturbance. 4. Shrubs will be set out in the locations shown on the Plans while still in their containers to allow for adjustment prior to installation. Final locations will be determined in the field by Wilkinson Ecological Design (WED) in cooperation with the owner’s landscape architect Chris Dindal (CD). Commission Staff will be notified If material changes or substitutions are proposed. 5. Install shrubs at the locations determined. 6. Mark the limits of proposed grasses/forbs planting area as shown on the Plans. Final location of the “grasses/forbs planting” and “restoration seed mix” transition will also be determined in the field by Wilkinson Ecological Design in cooperation with the owner’s landscape architect Chris Dindal. Commission Staff will be notified If material changes or substitutions are proposed. 7. Install grasses and forbs as directed by WED/CD. 8. Mark the limits of the proposed restoration seeding as shown on the Plans. Confirm limits with WED/CD. Edge lawn area to remain and prepare remaining restoration area for seeding. 9. Seed with Restoration Seed Mix as shown on the Plans. 10. Maintain plantings and seeding as needed until firmly established. 11. Remove erosion and sedimentation controls and repair “in kind” any area damaged during removal. 12. Prepare an as-built survey of the completed work and submit survey plan and notice of completion to the Commission 13. Begin Maintenance and Monitoring Protocol. OUTCOME Upon completion of the restoration work described above the impacted area will be transformed from lawn and mulch to a biologically diverse wetland buffer comprised of the following: 1,097 sf - Shrubs 1,666 sf - Grasses/Forbs 1,799 sf - Restoration Seed Mix The combined 4,562 square-foot restoration exceeds the 4,493 square feet lost even without considering the anticipated replication in the paddock area. Any loss of flood control will be more than offset by new flood volume created by the Paddock Replication which will also provide further enhancement of all other wetland functions. We understand Commission approval of the EORP as described is contingent on Paddock Replication approval which is currently in design. We anticipate submitting a Notice of Intent on or before the April 15, 2025 deadline which should provide adequate time for the Commission’s review and subsequent execution of the EORP this year. Rushy Marsh Farm Enforcement Order Response Plan February 25, 2025 TETRA TECH 5 If you have any questions or require any additional information, please don’t hesitate to contact me directly by email at sean.reardon@tetratech.com or by phone at 508-786-2230. Very truly yours, Sean P. Reardon, P.E. Vice President Att: Figure 1 Rushy Marsh Farm – 2025 Restoration Enforcement Order Response Plan (4 sheet plan set) CC: M. Ford, Ford and Ford Atty C. Dindal, Landscape Architect I. Peach, Wilkinson Ecological Designs P:\89057\143-89057-24001_MISC_ON_CALL\DOCS\LETTER - 2025 RMF RESTORATION EORP (2025-02-25) .DOCX E X . S C U L P RECORD WETLAND (2014 NOI) 2024 FILL = 3,046 SF 2024 WETLAND 2018 WETLAND (ESTIMATED) 2018 FILL = 1,447 SF MAIN S T R E E T www.tetratech.com DESN: PROJ: DATE:1/30/2025 5:26:05 PM - P:\89057\143-89057-21002\CAD\SHEETFILES\MITIGATION PLANS\C-1 EXISTING CONDITIONS_JJA.DWG - AHERN, JOHNBar Measures 1 inch Copyright: Tetra TechFigure 143-89057-21002Restoration / Replication Plan 1541 Main Street, Cotuit, MA 02635 January 30, 2025 AHS 100 Nickerson Road Marlborough, Massachusetts 01752 Phone: (508)786-2200 Fax: (508)786-2201 0 SCALE: 15'30' 1" = 30' 1Wetland Fill Summary