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Home My WebLink AboutRDA Boston Gas Co Lakeview Drive_Pleasant Pines AvenueOctober 1, 2024 Email/Overnight Delivery Barnstable Conservation Commission 230 Main Street Hyannis, MA 02601 Re: Request for Determination of Applicability [LEC File #: NG\23-465.01] Gas Main Installation Lakeview Drive and Pleasant Pines Avenue Barnstable, Massachusetts Dear Members of the Commission: On behalf of the Applicant, Boston Gas Company (BGC), LEC Environmental Consultants, Inc., (LEC) is submitting this Request for Determination of Applicability (RDA) for the proposed installation of a gas main in the paved footprint and adjacent shoulder of Lakeview Drive and Pleasant Pines Avenue. This project will result in approximately 220 linear feet of temporary disturbance within the Buffer Zone to Bordering Vegetated Wetland (BVW). The project is considered “maintenance activities” which are exempt from permitting under the WPA under 10.02 (2)(b)(h). The WPA exemption allows for maintenance of existing utility infrastructure within Areas Subject to Protection without filing a Notice of Intent Application. Although the proposed activities are exempt from permitting under the state regulations, it is LEC’s understanding that the Bylaw does not recognize the above-referenced regulation. Based on consultation with the Barnstable Conservation Commission Agent, it was suggested that BGC submit an RDA for the maintenance activities. This RDA is being filed in accordance with the Massachusetts Wetlands Protection Act (M.G.L., c. 131, s. 40), its implementing Regulations (WPA; 310 CMR 10.00), and the Town of Barnstable’s Wetlands Bylaw (Chapter 704) and its implementing Regulations. Details of the proposed project are depicted on the Resource Area Map, prepared by LEC Environmental Consultants, Inc., dated September 1, 2024 (Attachment B). General Site and Project Description The proposed project extends within a BGC easement, along portions of Lakeview Drive and Pleasant Pines Avenue (Attachment A, Figure 1 and Figure 2). Based on information provided by BGC, the project does not involve any other improvements or expansion of the existing gas main footprint. The proposed project involves the installation of approximately 75 linear feet of gas main within Lakeview Drive, and 145 linear feet within Pleasant Pines Avenue. The existing steel gas main will be replaced with a high pressure, two-inch plastic gas main, which will be situated entirely within the existing roadways and associated shoulder, thereby providing natural gas service to the adjacent residences. As depicted on the Resource Area Map, a portion of the footprint is located within 100 feet of BVW. The westerly portion is located within the eastern extent of Lakeview Drive as it intersects with Pleasant Pines Avenue. The easterly portion extends in a north/south orientation within the paved footprint of Pleasant Pines Avenue and the adjacent shoulder, directly west of the BVW complex. There are no other Wetland Resource Areas on or within 100 feet of the project footprint. The proposed activities will involve excavation of an approximately three-foot-wide by four-foot-deep trench along the project footprint. The excavated soil will be stockpiled adjacent to the trench and will be immediately backfilled and stabilized after the gas main is installed. It is not anticipated that erosion and sediment controls will be necessary. However, all proposed activity will be conducted in compliance with National Grid’s Environmental Guidance Document (EG-303-NE) and utilizing the most effective Best Management Practices (BMPs), including erosion control devices, if deemed necessary. Floodplain Designation Based on the FEMA Flood Insurance Rate Maps (FIRM) for Barnstable County, Massachusetts (Community Number 25001, Panel 0562), dated July 16, 2014, the project site is mapped within Zone X (unshaded) – Areas determined to be outside the 0.2% annual chance floodplain. Therefore, there is no Bordering Land Subject to Flooding (BLSF) associated with the proposed project footprint (Attachment A, Figure 3). NHESP Designation According to the 15th Edition of the Massachusetts Natural Heritage Atlas (effective August 1, 2021) published by the Natural Heritage & Endangered Species Program (NHESP), the project area is not located within an Estimated Habitat of Rare Wildlife/Priority Habitat of Rare Species. There are no Certified Vernal Pools or Potential Vernal Pools within 100 feet of the project footprint (Attachment A, Figure 2). Summary On behalf of Boston Gas Company, LEC is filing this RDA for approval of utility installation within sections of Lakeview Drive and Pleasant Pines Avenue. The project will involve minimal temporary disturbance in the Buffer Zone to Wetland Resource Areas and will not involve any disturbance to adjacent naturally vegetated areas. All disturbances will be restored in place and no permanent disturbance to Wetland Resource Areas is expected. Based on the negligible disturbance caused by the work, the Applicant respectfully requests that the Conservation Commission issue a Negative Determination confirming that the proposed work is “within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area, and does not require the filing of a Notice of Intent” (WPA Form 2, § B (2) - Negative Determination). A check payable to the Town of Barnstable for $175.00 is enclosed for the Bylaw fee. Thank you for your consideration of this Application. We look forward to discussing the project further at the October 15, 2024, Public Hearing. LEC Environmental Consultants, Inc. Nate Goshgarian Mark Manganello Wetland Scientist Assistant Director of Ecological Services Enclosures cc: DEP SERO; Boston Gas Company. wpaform1.doc • rev. 7/27/2020 WPA Form 1 – Request for Determination of Applicability • Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Barnstable City/Town A. General Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 1.Applicant: Boston Gas Company Name Patrick.Hutchinson@nationalgrid.com E-Mail Address 170 Data Drive Mailing Address Waltham City/Town MA State 02451 Zip Code Phone Number Fax Number (if applicable) 2.Representative (if any): LEC Environmental Consultants, Inc. Firm Nathan Goshgarian Contact Name ngoshgarian@lecenvironmental.com E-Mail Address 12 Resnik Road, Suite 1 Mailing Address Plymouth City/Town MA State 02360 Zip Code 508-746-9491 Phone Number Fax Number (if applicable) B.Determinations 1.I request the Barnstable Conservation Commission make the following determination(s). Check any that apply: a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced below are accurately delineated. c.whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: BARNSTABLE Name of Municipality e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). 774-291-9348 wpaform1.doc • rev. 7/27/2020 WPA Form 1 – Request for Determination of Applicability • Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Barnstable City/Town C. Project Description 1.a. Project Location (use maps and plans to identify the location of the area subject to this request): Lakeview Drive and Pleasant Pines Avenue (ROW) Street Address Barnstable City/Town N/A Assessors Map/Plat Number N/A Parcel/Lot Number b.Area Description (use additional paper, if necessary): The proposed project involves installation of approximately 220 feet of two-inch, 60 PSIG plastic pipe within portions of the Lakeview Drive and Pleasant Pines Avenue right-of-way in Barnstable, MA. c.Plan and/or Map Reference(s): Resource Area Map Title 9/27/2024 Date Title Date Title Date 2.a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): Segment of gas main will be installed within the existing roadway and along the adjacent shoulder. The proposed activities involve excavation of an approximately three -foot-wide by four-foot-deep trench along the project footprint. The excavated soil will be stockpiled adjacent to the trench and will be immediately backfilled and stabilized after the gas main is installed. wpaform1.doc • rev. 7/27/2020 WPA Form 1 – Request for Determination of Applicability • Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Barnstable City/Town C.Project Description (cont.) b.Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). 310 CMR 10.02 (2)(b)(h) 3.a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. Single family house on a lot recorded on or before 8/1/96 Single family house on a lot recorded after 8/1/96 Expansion of an existing structure on a lot recorded after 8/1/96 Project, other than a single-family house or public project, where the applicant owned the lot before 8/7/96 New agriculture or aquaculture project Public project where funds were appropriated prior to 8/7/96 Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision Residential subdivision; institutional, industrial, or commercial project Municipal project District, county, state, or federal government project Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b.Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) wpaform1.doc • rev. 7/27/2020 WPA Form 1 – Request for Determination of Applicability • Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Barnstable City/Town D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Town of Barnstable Name 230 Main Street Mailing Address Hyannis City/Town MA State 02601 Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. Signature of Applicant Date Signature of Representative (if any) Date 9/27/2024 9/30/2024 Adopted Mar Property o Applicant’ Project st Barnstabl Applicant’ ACCESS As the Ow the Mas General designate purpose o (Notice o possible, either wee understan to inspect I/we conf Commiss regarding 1. F ap 2. F of pr I have rea ________ Signature ________ Represen rch 15, 2022, effec owner’s name ’s (Represent reet address_ e Assessor’s ’s Contact Ph TO PROPER wner(s) of the sachusetts W Ordinances ed staff are a of reviewing t f Intent or R notice will be ekdays or we nd that if attem t the outside a firm my/our ioners, its ag this applicati rom the subm pproval of the rom the issua f the project a roject. ad the above ___________ e of property ___________ ntative’s sign ctive April 18, 202 P e(s): _______ tative’s) Name ___________ Map & Parce hone Number: RTY PERMIS e above refer Wetlands Prot (Chapter 23 authorized, a the existing c Request for D e provided to t eekends as ne mpts to conta areas of said understandin gent, and its on for the pe mission of the e Notice of Int ance of the O and the final e and I under ____________ y owner ____________ nature C Office: 508- 22. Permission ___________ e(s)________ ____________ el: Map___ : SION renced prope tection Act (M 37), the Bar as a matter o conditions an Determination the applicant ecessary for t act me are un property unde ng the purpo s designated riod as descr e Application tent Request Order(s) of Co inspection by rstand and a __ __ Tow Conserv Hyann -862-4093 to Access P ____________ ___________ ____________ _______ erty, I/we have MGL Ch 131 rnstable Con of law, to ente d the propos ) to the Ba prior to the v the Commiss nsuccessful, t er this applica ose of this d staff, to en ibed below: (Notice of In or Request fo onditions (app y the Conser gree to allow ____ Date ____ Date wn of Ba vation C 230 South nis Massach E-mail: con Property ___________ ___________ ___________ Parcel___ e been advis 1, Section 40 nservation C er the outsid sed work as d arnstable Con visit. Visits wil sion and its ag the Commiss ation. permission a nter the outs ntent or Requ or Determinat proval for No rvation staff to w inspection ___________ e signed ___________ e signed arnstab Commi Street husetts 0260 nservation@to ___________ ____________ ___________ _________ sed that unde 0) and the To ommission, e areas of th described in nservation Co l occur during gent to exam sioner or its a and I/we gra side areas o uest for Deter tion; and tice of Intent) o confirm the s as describ ________ ________ ble ission 01 own.barnstab ___________ ___________ ____________ er the provisio own of Barns its Agents o he property fo my/our applic ommission. W g daylight hou ine said prop agent may pro ant permissi of my/our pro rmination) un ) to the comp e completion bed. ble.ma.us Form _____ ____ _____ ons of stable or its or the cation Where urs on perty. I oceed on to operty ntil the pletion of the m PA Boston Gas Company (BCG) Lakeview Drive and Pleasant Pines Avenue (ROW) Nate Goshgarian of LEC Environmental, Inc. 508.746.9491 9/1/2024 N/A N/A 9/27/2024 Q\Regulations\FinalChapter710, Revised March 2022 REQUEST FOR DETERMINATION OF APPLICABILITY ABUTTER NOTIFICATION LETTER DATE: ___/____ /_____ RE: Upcoming Barnstable Conservation Commission Public Hearing To Whom It May Concern, As an immediate abutter of a proposed project, please be advised that a Request for Determination of Applicability application has been filed with the Barnstable Conservation Commission. APPLICANT: _____________________________________ PROJECT ADDRESS OR LOCATION: _____________________________________ _____________________________________ MAP_____________ PARCEL __________ PROJECT DESCRIPTION: _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________ _________________________________________ _________________________________________ PUBLIC HEARING: WILL BE HELD REMOTELY VIA ZOOM See agenda posting on Town Clerks website available in advance of the meeting for details. DATE: ______/ _______ / ______ TIME: ______________________ NOTE: Plans and application describing the proposed project are on file with the Conservation Commission (508-862-4093) 10 1 2024 Lakeview Drive and Pleasant Pines Avenue (ROW) Barnstable, MA 02632 12 Resnik Road, Suite 1 Plymouth MA 02360 N/A (ROW) Segment of gas main will be installed within the existing roadway and along the adjacent shoulder. The proposed activities involve excavation of an approximately three-foot-wide by four-foot-deep trench along the project footprint during installation to be backfilled upon completion. 10 2024 6:30 p.m. Nate Goshgarian/LEC Environmental Consultants, Inc. Boston Gas Company 29 Map________ Parcel ________ Name: ____________________________ Address: __________________________ __________________________ __________________________ Map________ Parcel ________ Name: ____________________________ Address: __________________________ __________________________ __________________________ Map________ Parcel ________ Name: ____________________________ Address: __________________________ __________________________ __________________________ Map________ Parcel ________ Name: ____________________________ Address: __________________________ __________________________ __________________________ Map________ Parcel ________ Name: ____________________________ Address: __________________________ __________________________ __________________________ DATE ABUTTERS WERE IDENTIFIED: ________/________/_________ SIGNATURE ____________________________ 234 018_W00 PO BOX 199 MARSTON MILLS MA 02648 234 018_T00 PO BOX 199 MARSTON MILLS MA 02648 214 041_002 CHRISTODOULO, PAMELA C TR 105 SOMERSET STREET BELMONT MA 02478 214 041_W01 CARNEY, JAMES M & CHRISTINE L TRS, CARNEY FAMILY REVOCABLE TRUST JENKINS, JAMES A TR, JENKINS NOMINEE TRUST JENKINS, JAMES A TR, JENKINS NOMINEE TRUST 91 CHERRY HILL DRIVE SEEKONK MA 02771 214 057 AALTONEN, SAMI 305 PLEASANT PINES AVENUE CENTERVILLE MA 02632 08 26 2024 National Grid, Barnstable Abutter List (5) 234_018_W00 (#0 Pleasant Pines Ave) Owner: JENKINS, JAMES A TR JENKINS NOMINEE TRUST Mail Address: PO BOX 199 MARSTONS MILLS MA 02648 234_018_T00 (#0 Pleasant Pines Ave) Owner: JENKINS, JAMES A TR JENKINS NOMINEE TRUST Mail Address: PO BOX 199 MARSTONS MILLS MA 02648 214_041_002 (#271 Pleasant Pines Ave) Owner: CHRISTODOULO, PAMELA C TR Mail Address:105 SOMERSET ST BELMONT MA 02478 214_041_W01 (#277 Pleasant Pines Ave) Owner: CARNEY, JAMES M & CHRISTINE L TRS CARNEY FAMILY REVOCABLE TRUST Mail Address:91 CHERRY HILL DRIVE SEEKONK MA 02771 214_057 (#305 Pleasant Pines Ave) Owner: AALTONEN, SAMI Mail Address:305 PLEASANT PINES AVE CENTERVILLE MA 02632 Attachment A Figure 1: USGS Topographic Map Figure 2: Aerial Orthophoto/NHESP Figure 3: FEMA Flood Insurance Rate Map Figure 1: USGS Topographic Map ±Lakeview Drive and Pleasant Pines Avenue Barnstable, Massachusetts 0 900 1,800450 Feet LOCUS LEC Environmental Consultants, Inc. Plymouth, MA 508.746.9491 www.lecenvironmental.com September 26, 2024 USGS Topographic Map acquired from U. S. Geological Survey 1:25,000 USGS Topographic Maps - 2024 PL EASANT PI NES AVENUELAKEVIEW AVENUE Figure 2: Aerial Orthophoto Map ±Lakeview Drive and Pleasant Pines Avenue Barnstable, Massachusetts 0 200 400100 Feet LEC Environmental Consultants, Inc. Plymouth, MA 508.746.9491 www.lecenvironmental.com September 26, 2024 2023 Aerial Orthophoto acquired from the Office of Geographic Information (MassGIS) website. National Flood Hazard Layer FIRMette FEMA Basemap Imagery Source: USGS National Map 2023 Legend SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS OTHER AREAS OF Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or Depth Zone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Zone x Future Conditions 1% Annual Chance Flood Hazard zone x Area with Reduced Flood Risk due to Levee. See Notes. zone x FLOOD HAZARD ,,, _I .,JffJ Area with Flood Risk due to Levee zone o NO SCREEN Area of Minimal Flood Hazard Zone X c:::::::J Effective LOM Rs OTHER AREAS Area of Undetermined Flood Hazard Zone o GENERAL Channel, Culvert, or Storm Sewer STRUCTURES I I I I I I I Levee, Dike, or Floodwall OTHER FEATURES MAP PANELS Cross Sections with 1% Annual Chance Water Surface Elevation , - - -Coastal Transect -m-Base Flood Elevation Line (BFE) = Limit of Study ---Jurisdiction Boundary C Coastal Transect Baseline Profile Baseline Hydrographic Feature Digital Data Available N r No Digital Data Available + fx Unmapped The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEM A's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 9/27/2024 at 8:43 AM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: base map imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Figure 3: Attachment B Resource Area Map, Prepared by LEC Environmental Consultants, Inc., Dated September 1, 2024