Loading...
HomeMy WebLinkAbout20230912-Quarterra-289110 response to comments with attILEX Environmental, Inc. kbarnicle@ilexenvironmental.com 508-843-7981 September 12, 2023 Barnstable Conservation Commission 230 South Street Hyannis, MA 02601 Re: Responses to Questions for Emblem Hyannis Notice of Intent 35 Scudder Avenue, Hyannis Barnstable, Massachusetts MassDEP File No. SE3-6124 Dear Members of the Commission: On behalf of our client Quarterra, ILEX Environmental, Inc. (ILEX) is pleased to respond to various questions asked by the Barnstable Conservation Commission during the public hearing held on September 5, 2023 for the Emblem Hyannis Notice of Intent. Mitigation Table The following table identifies all of the proposed impacts which require mitigation. Much of the proposed 9.82 acres of restoration work is proposed within the Riverfront Area, Land Subject to Coastal Storm Flowage, Coastal Banks, and buffer zones of other wetland resource areas which will restore the previously altered and disturbed areas that are presently part of the existing golf course. Clarification of Trees being removed in Jurisdiction The following Section 2.3 is from the Restoration Plan and provides detailed information regarding the number of specimen trees to be cut and replanted. In order to show the areas where specimen trees may be removed within wetlands jurisdiction, the attached figure has been created which shows the Resource Areas Buffer Zone?Description Work Proposed NOI Figure Hardscape within 50-100' Buffer Zone (s.f.) Mitigation Ratio Mitigation Required (s.f.) Mitigation Provided (s.f.) WPA or Bylaw requirement met? Bordering Vegetated Wetland Yes Joshua's Brook Access Driveway 13 996 3:1 2,988 21,845 Yes Land Under Water and associated Inland Banks (naturally occurring)Yes Joshua's Brook Access Driveway NA ****Yes Land Under Water Yes Northeast Pond Emergency Access 12 3,089 3:1 9,267 9,267+Yes Resource Areas Buffer Zone?Description Work Proposed NOI Figure Riverfront Area No Joshua's Brook Access Driveway, utilities 7 Riverfront Area No Stewart's Creek Emergency Access, utilities 7 Riverfront Area No Joshua's Brook. Stewart's Creek Stormwater 7 Riverfront Area No Joshua's Brook. Stewart's Creek Grading 7 + more mitigation is available as part of the restoration plan, only the required area is highlighted in green * as there are overlapping buffer zones associated with Joshua's Brook wetland resource areas, we used the landward most buffer zone associated with the BVW to calculate impacts and mitigation allowable 10% provision for alteration pursuant to 310 CMR 10.58(4)(d) Discussion of RFA Regulations + 1.2 acres of existing pavement will be reduced to 0.6 acres of pavement, a 50% reduction allowed under limited project 310 CMR 10.58(4)(d)1.a and b allowed under 310 CMR 10.58(5) and limited project 310 CMR 10.53(3)(e) and (5) Page 2 limit of work and the limit of wetlands jurisdiction with the treed areas highlighted. See Tree Removal & Restoration Plan figure attached. The treed area to be removed within wetlands jurisdiction (i.e., Riverfront Area, buffer zone to Coastal Bank) represents approximately 17% of the total treed area to be removed. If 144 specimen trees are proposed to be removed from the Site, then approximately 25 trees will be removed within wetlands jurisdiction. As shown on sheet 1 of the Landscape Plans (also attached for your convenience), 144 trees will be planted as part of the restoration, almost all within wetlands jurisdiction. Other trees will be planted within the development area for a total of 350 trees to be planted on the Site. Section 2.3 of the Restoration Plan has been provided in its entirety for your convenience. 2.3 Specimen Trees (from Restoration Plan) On September 26, 2022, a count of the specimen trees to be cut within the limit of work were counted for an exact number of trees to be replaced in accordance with the Cape Cod Commission’s Wildlife and Plant Habitat Technical Bulletin. Specimen trees are defined as softwoods greater than 18” dbh (diameter at breast height) and hardwoods greater than 12” dbh. The following table provides the data collected. Table Error! No text of specified style in document.-1: Specimen Trees Type of Tree Tree Species Number Counted Hardwood Black oak 119 Hardwood White oak 10 Hardwood Black cherry 1 Hardwood Red maple 4 Softwood Pitch Pine 10 Total 144 Previously, the amount of 375 specimen trees had been provided in documents submitted to the Cape Cod Commission. This amount represents the estimated number of specimen trees on the entire site. Approximately 144 trees (including a mixture of deciduous and evergreen trees) are proposed to be planted over the 9.82 acres restoration area. Additional trees will be planted in the development area so that in total, there will be 350 trees planted on the Site. In addition, there are other vegetation management (or treatment) options as described below. The restoration plantings together with the landscaped plantings will provide greater habitat values in conjunction with each other. Construction Protocol for Paved Lined Basin The Proponent is committed to removing and relocating any fish, reptiles, or amphibians during the filling of the paved lined basin. The area will be dewatered before it is filled which will allow time for the environmental consultant, working with the contractor, to walk the area and utilize various capture techniques as the water is lowered. If any fish, reptiles, or amphibians are found, the environmental consultant will determine if it can be moved to the existing pond in the northeast corner of the Site or in the wetland system associated with Steve’s Creek. The pond is the mostly likely location where animals will be placed as it is closer in habitat than the creek. The two southernmost ponds may also be used. Page 3 The environmental consultant will use one or more of the following types of specialized equipment, all of which are appropriate for this type of activity: electrofishers, seine nets, dipnets, and sanctuary dipnets. In addition, other equipment may be used based on field conditions including block nets, screening, buckets or totes for transporting. Should a turtle be encountered in or around the area to be drained and filled, the environmental consultant will move the turtle out of the work area to a safe and suitable location nearby which would be dependent on the species of turtle and the time of year. If a turtle is nesting, the turtle will be allowed to complete the nesting and the eggs will be moved in addition to the turtle. Restoration Plan The Proponent has committed to working with Conservation Staff on the Restoration Plan. Revisions to the Restoration Plan, if any, would be reviewed by Staff who would determine if the revisions would be approved under an administrative approval. Nitrogen Loading The Project will result in a net decrease in on-site nitrogen loading compared to current conditions. This comes from a reduction in managed turf area from the existing use as a golf course and use of organic slow-release fertilizer. The issue of nitrogen loading was previously analyzed during the Cape Cod Commission (CCC) review process following the CCC technical bulletins which took over two years. The information presented by others regarding nitrogen loading were disregarded by the CCC as not being accurate. The CCC has been the frontrunner in reviewing and developing how to assess nitrogen loading for decades and are at the forefront of working to reduce nitrogen loading to the Cape’s waters. As such, we do not believe any further discussion regarding nitrogen loading is warranted. Thank you for the opportunity to respond to these comments. Should you have any questions, please do not hesitate to contact me. Sincerely, Kathryn S. Barnicle, PWS ILEX Environmental, Inc. kbarnicle@ILEXenvironmental.com attachments Tree Removal & Restoration Plan Figures Sheet 1 of Landscape Plans LOCUS ZONE 2 S C U D D E R A V E N U E DUMONT D R I V E STEWART' S C R E E K JOSH U A' S B R O O K JOSHU A' S B R O O K STEWART' S C R E E K S C U D D E R A V E N U E ( P U B L I C ~ 6 0 ' C O U N T Y L A Y O U T ) BUIL DI N G 3 (TYP E 6) BUILDI N G 4 (TYP E 6 ) BUILDING 13 (TYPE 6) BUILDING 10 (TYPE 6)BUILDING 9(TYPE 6)B U I L D I N G 1 (T Y P E 5 ) BU I L D I N G 5 (TY P E 5 ) BU I L D I N G 8 (TY P E 5 ) BUIL DI N G 2 (TYPE 5 ) BUIL DI N G 6 (TYP E 2) BU I L D I N G 7 (TY P E 5 ) BUILDING 12 (TYPE 5) BUILDING 11 (TYPE 5) CLUB H O U S E L=109.7 6 R=193.9 7 1 7 16 17 18 19 18 19 2322212 3 22 2 1 27 26 26 27 28 28272621 22 231514131 211 1213141519202 019 20 212121 11 12 13 1 4 1 5 1 6 1 7 18 19 1112131515161718192023 22 2123 16 17 18 19 25ZONE II 100' RIV E R F R O N T ARE A S ET B A C K 200' RIVE R F R O N T AREA SET B A C K COASTA L B A N K 1 0 0 ' BUFFER Z O N E ( S T A T E ) COASTAL BANK 100' BUFFER ZONE (STATE) EDGE OF BORDERING VEGETATED WETLAND MEAN ANNUAL HIGH WATER LINE OF JOSHUA'S BROOK ZONE AE ( E L . 1 1 ) ZONE X JOS H U A ' S B R O O K ~20 2 7 ' ± ~ B Y T H E EXI S T I N G S T R E A M TOP OF COASTAL BANK (STATE) COASTAL BANK 100' BUFFER ZONE (STATE)ZONE AE (EL.11)ZONE XZONE AE (EL.11)ZONE AE (EL.12)ZONE AE(EL.12)ZONEXZO N E A E ( E L . 1 2 ) ZO N E X ~POND~ ~POND~ ~POND~ TOP OF COASTAL BANK (STATE) COASTAL BANK 100' BUFFER ZONE (STATE) MEAN ANNUAL HIGH WATER LINE OF JOSHUA'S BROOK EDGE OF BORDERING VEGETATED WETLAND BORDERING VEGETATED WETLAND 100' BUFFER ZONE EDGE OF BORDERING VEGETATED WETLAND BORDERING VEGETATED WETLAND 100' BUFFER ZONE 100' RIVERFRONT AREA SETBACK 200' RIVERFRONT AREA SETBACK ZONE AE (EL.11) ZONE X 100' RIVERFRONT AREA SETBACK 200' RIVERFRONT AREA SETBACK TOP OF COASTAL BANK (STATE) NON-JURISDICTIONAL VEGETATED AREA JOSHUA ' S B R O O K ~2027'±~ B Y T H E EXISTIN G S T R E A M NON-JURISDICTIONAL VEGETATED AREA ZONE II ~1672'±~ B Y T H E EXISTIN G S T R E A M STEWA R T ' S C R E E K BORDERING VEGETATED WETLAND 100' BUFFER ZONE TOP OF COASTAL BANK (STATE)ZONE AE (EL.12)ZONE AE (EL.11)20x25 20x2520x25131415161718191918 17 16 1515x751 5 x 7 5 1 6 15x75 15x75 1612121 3 1 4 1514151515 x 7 5 1 5 x 7 5 S C U D D E R A V E N U E (P U B L I C ~ 6 0 ' C O U N T Y L A Y O U T ) LIMIT OF CONSERVATION JURISDICTION PROPOSED LIMIT OF WORK/ EROSION CONTROL BARRIER LIMIT OF CONSERVATION JURISDICTION PROPOSED LIMIT OF WORK/ EROSION CONTROL BARRIER 12x8 LOCUS MAP SCALE 1" = 2000' 1 MA STATE PLANE JOB NO: 5061 FIELD: CB/RB DATE: SEPTEMBER 11, 2023 DRAWN: BJW CHECK: ELP CALC./DESIGN: ELP TREE REMOVAL & RESTORATION PLAN PREPARED FOR: QUARTERRA 99 SUMMER STREET, SUITE 701 BOSTON, MA 02110 LAND SURVEYING BY: ENGINEERING BY: BAXTER NYE ENGINEERING & SURVEYING 78 NORTH STREET, 3RD FLOOR HYANNIS, MA 02601 THE PROPOSED EMBLEM AT HYANNIS RESIDENCES AT 35 SCUDDER AVENUE IN HYANNIS, MASSACHUSETTS (BARNSTABLE COUNTY) DESC.DATENo. REVISIONS: SHEET 1 OF 1 LEGEND TREES TO BE REMOVED WITHIN CONSERVATION JURISDITION 28,003 S.F.± (0.643 Ac±) TREES TO BE REMOVED OUTSIDE OF CONSERVATION JURISDITION 140,152 S.F.± (3.217 AC±) LIMIT OF SITE WORK LIMIT OF CONSERVATION JURISDICTION 323430282426228886488468666468101214141618222420201812162022242424222626242424222018121410121416161612121614161481020303030303030812141618222426282828303026281012141610208121416182224121414141414141428284444444444446666666666666888888444666810468121416161618184444444466662446684668888468101020246688121212121212141414141616181820202020222224242420181822222022241010101010101010101066688121212121212121414141414141616162022202224222018242224262624242626282422262626161820121820222426283228303232302830282624282828302830282624222826242826242424262628262422202020303022222224242426262828323232323028302628323420222222241020812141616161822102081214161810206812141414161810202020121416182020161818182222242420222426242630303030303028323230222426282022222426282020302222242628322420222424242626262830302828262830303032323434322620222424222830282626242220121822222630102012141618222220182224242030182224262812141618202224182022221614201614121614142626282412141618SCUDDER AVENUE(PUBLIC ~ 60' COUNTY LAYOUT)SCUDDER AVENUE(PUBLIC ~ 60' COUNTY LAYOUT)TT TTT TTEEEEEEEE E EEETTN58° 42' 49"E393.61'S14° 45' 03"E36.26'S34° 13' 10"W30.22'S83° 52' 17"W90.93'N41° 29' 36"W53.21'S64° 42' 31"W241.54'S17° 52' 23"W22.99'S46° 36' 24"W15.83'S46° 36' 24"W191.95'S58° 25' 50"W141.69'N86° 41' 00"E123.59'L=109.76R=193.97S29° 42' 50"E48.03'N67° 30' 10"E9.21'S37° 40' 50"E19.21'S44° 05' 30"E81.79'S84° 14' 40"E38.30'S37° 40' 50"E19.21'N67° 30' 10"E9.21'S29° 42' 50"E48.03'S00° 37' 10"W208.39'S32° 57' 40"E109.36'N31° 43' 54"W88.76'2324252626262626323130222222222222222524232524232223232425252622222626262625252627282925252626272527242223232424252626262525252527272727272727272727272626272727272727272729283028292223242627S88° 43' 22"W217.76'26132322212019181716151422212019181716131415232327252525252525252727252524232524252524232324232424242322222222232430251920202019202121211716171819181924232221242322212031323329282726252526272829292827262520212223241314151514131211121314151619202019202121211112131415161718191112131515161718192015242322212019181716151516171819202122232414141415192015151413131426262625252322212525242315131415161718192020201918171616171819201112S48° 59' 00"W207.69'S46° 36' 24"W76.92'N79° 52' 42"W13.77'N54° 33' 38"W81.54'152526262626262626262626252423222124DRAWNCHECKEDREV. NO.DATEDESCRIPTIONSTAMPSHEETOFplot date:MICHAEL D'ANGELOLANDSCAPE ARCHITECTURE LLC732 EAST BROADWAY #3BOSTON, MA 02127t. 203.592.4788www.m-d-l-a.comEMBLEM HYANNIS 35 SCUDDER AVENUE HYANNIS, MASCALEDATEAS NOTED03/01/21CCC SUBMITTAL4/1/211CCC RESUBMITTAL10/21/222L0110LAYOUTKEYPLANL1NOT FOR CONSTRUCTIONL2L3S C U D D E R A V E N U ECLUBHOUSEBUILDING2BUILDING1BUILDING3BUILDING6BUILDING4BUILDING5BUILDING7BUILDING8BUILDING9BUILDING10BUILDING11BUILDING12LAYOUT KEY PLAN1SCALE: 1" = 80'-0"L4INFILTRATIONBASIN 2EXISTINGPONDEXISTINGPONDEXISTINGPONDINFILTRATIONBASIN 1BUILDING13INFILTRATIONBASIN 3