notice of intent f massachusetts wetlands p a …jeffrey's neck road a. street address ipswich...

NOTICE OF INTENT

FILED UNDER: MASSACHUSETTS WETLANDS PROTECTION ACT MGL C131 §40

AND IPSWICH WETLANDS PROTECTION BYLAW

PROJECT SITE: PUBLIC ROAD RECONSTRUCTION

JEFFREY’S NECK ROAD IPSWICH, MASSACHUSETTS 01938

PREPARED FOR: TOWN OF IPSWICH DPW

25 GREEN STREET IPSWICH, MASSACHUSETTS 01938

PREPARED BY:

238 Littleton Road, Suite 105 • Westford, Massachusetts 01886

Phone: (978) 656-8684

SEPTEMBER 4, 2019

CONECO ENGINEERS & SCIENTISTS, INCORPORATED

September 4, 2019

Ipswich Conservation Commission 25 Green Street Ipswich, MA 01938

Re: Notice of Intent Jeffrey’s Neck Road Reconstruction

Dear Conservation Commissioners:

On behalf of the Town of Ipswich Department of Public Works (DPW), Coneco Engineers and Scientists, Inc. (Coneco) is submitting this Notice of Intent (NOI) for the proposed reconstruction of Jeffrey’s Neck Road. The work includes raising road surfaces currently below elevation 9 feet (above mean sea level NAVD 1988) to an elevation of approximately 9 feet above sea level (ASL). Roadway elevations vary from a low of approximately 7.0 feet ASL near the intersection with Island Park Road to approximately 10.0 feet ASL near the intersection with Northridge Road, the northern terminus of the project area.

The proposed work area consists of the approximately 3,800 linear feet of Jeffrey’s Neck Road located between the road’s intersections with Northridge Road and Island Park Road in northern Ipswich. The proposed work will be carried out within the existing road surface and shoulders, therefore no resource areas (besides Land Subject to Coastal Storm Flowage) will be altered. The project does not propose any work in Bordering Vegetated Wetlands, Salt Marsh, or Coastal Bank.

Jeffrey’s Neck Road is the sole access road for the Great Neck, Little Neck, Eagle Hill, and Island Park neighborhoods. Cumulatively these include approximately 750 residences. Access during coastal storms is currently limited due to road flooding, making it difficult for emergency providers to get to these neighborhoods during severe weather.

Most of the existing roadway and shoulders are within both the 25-foot No Disturbance Zone and the 40-foot No Build Zone of the Ipswich Wetlands Protection Bylaw. By necessity, reconstruction must take place within those zones and the Applicant requests a waiver from the requirements of the Bylaw.

Enclosed are three (3) copies of the Notice of Intent (WPA Form 3), project narrative, abutter information, accompanying figures and calculations, and five (5) copies of the project plans. Since this is a municipal project DPW it is exempt from filing fees under the WPA and the Town Bylaw. A copy of the NOI has been forwarded to the MassDEP and to NHESP. A copy of the NOI has also been submitted to the Ipswich Town Clerk.

On behalf of the Town of Ipswich DPW we request that this NOI be heard at your next available meeting and that the Ipswich Conservation Commission issue an Order of Conditions allowing the project to proceed. Please don’t hesitate to contact me at 508-944-0479 should you have any

ENVIRONMENTAL

ECOLOGICAL

ENERGY

SURVEY

C IVIL

238 Littleton Road, Suite 150, Westford, MA 01886 (978) 656-8684

Coneco.com

Jeffrey’s Neck Road NOI

Page 2

questions and/or comments pertaining to the information contained herein or require additional information. Sincerely,

Michael J. Toohill, PWS CE CERP Sr. Environmental Scientist Cc: Rick Clarke–Ipswich DPW Director Frank Ventimiglia–Assistant DPW Director Kevin McHugh, PE–Coneco


Notice of Intent Jeffrey’s Neck Road Reconstruction September 4, 2019 1 Ipswich, Massachusetts

TABLE OF CONTENTS

WPA FORM 3 NOTICE OF INTENT FORM 3 ATTACHMENT A NARRATIVE EXISTING SITE CONDITIONS PROPOSED PROJECT ALTERNATIVES CONSIDERED PROJECT IMPACTS MITIGATION MESA/DMF COORDINATION AND EXEMPTIONS CONFORMANCE WITH WPA PREFORMANCE STANDARDS ATTACHMENT B NOTICE TO ABUTTERS AFFIDAVIT OF SERVICE NOTICE TO ABUTTERS ABUTTERS LIST ATTACHMENT C FIGURES FIGURE 1 - AERIAL MAP FIGURE 2 - USGS TOPOGRAPHIC MAP FIGURE 3 - FLOOD INSURANCE RATE MAP FIGURE 4 - NATURAL HERITAGE MAP FIGURE 5 - CRITICAL AREAS (VP, ACEC, ORW)

FIGURE 6– SOIL SURVEY MAP FIGURE 7 - FEMA FIRMETTE MAP ATTACHMENT D PHOTOGRAPHS ATTACHMENT E PROJECT PLANS (BOUND SEPARATELY)



WPA FORM 3

Jeffrey’s Neck Road Ipswich, Massachusetts

NOI


wpaform3.doc • rev. 2/8/2018

Page 1 of 9

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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

Ipswich 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):

Jeffrey's Neck Road a. Street Address

Ipswich b. City/Town

01938 c. Zip Code

Latitude and Longitude: 42.699002 d. Latitude

-70.818520 e. Longitude

23A and 15C f. Assessors Map/Plat Number

N/A (Road ROW) g. Parcel /Lot Number

2. Applicant:

Rick a. First Name

Clarke b. Last Name

Town of Ipswich Department of Public Works c. Organization

25 Green Street d. Street Address

Ipswich e. City/Town

MA f. State

01938 g. Zip Code

978-356-6600 h. Phone Number

i. Fax Number

[email protected] j. Email Address

3. Property owner (required if different from applicant): Check if more than one owner

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

Toohill b. Last Name

Coneco Engineers & Scientists, Inc. c. Company

238 Littleton Road, Suite 105 d. Street Address

Westford e. City/Town

MA f. State

01886 g. Zip Code

978-656-8684 x101 h. Phone Number

i. Fax Number

[email protected] j. Email address

5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):

N/A-Fee Exempt a. Total Fee Paid

b. State Fee Paid

c. City/Town Fee Paid


Page 2 of 9

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MassDEP File Number


Ipswich City/Town

A. General Information (continued)

6. General Project Description:

Reconstruction of Jeffrey's Neck Road from Island Park Road to Northridge Road. The road will be elevated to a minimum elevation of 9.0 feet ASL (NAVD88) to allow emergency provider access to Great Neck during coastal storm events.

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)

CMR 10.24(7)(c)(1) & CMR 10.53(3)(f)Maintenance and improvement of existing public roadways 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:

Essex a. County

b. Certificate # (if registered land)

N/A-Public Road ROW c. Book

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.


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MassDEP File Number


Ipswich 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

1. square feet

2. square feet

c. Land Under Waterbodies and Waterways

1. square feet

2. square feet

3. cubic yards dredged


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.


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MassDEP File Number


Ipswich 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.


a. Designated Port Areas Indicate size under Land Under the Ocean, below

b. Land Under the Ocean 1. square feet


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


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


l. Land Subject to

Coastal Storm Flowage

107,840 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


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MassDEP File Number


Ipswich 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

Phone: (508) 389-6360

2019 online 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%/0 acres percentage/acreage

(b) outside Resource Area

100%/2.5 acres 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

http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/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.

http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm

http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/regulatory-review/


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MassDEP File Number


Ipswich City/Town

C. Other Applicable Standards and Requirements (cont’d)

(c) MESA filing fee (fee information available at http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_fee_schedule.htm). 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, http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_exemptions.htm; 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.

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: [email protected]

North Shore - Hull to New Hampshire border:

Division of Marine Fisheries - North Shore Office

Attn: Environmental Reviewer 30 Emerson Avenue

Gloucester, MA 01930

Email: [email protected]

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.

http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_fee_schedule.htm

http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_exemptions.htm

mailto:[email protected]

mailto:[email protected]


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MassDEP File Number


Ipswich 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.

Great Marsh 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.


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MassDEP File Number


Ipswich 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.

Jeffrey's Neck Road Reconstruction Plans (22 sheets) a. Plan Title

Coneco Engineers and Scientists. Inc. b. Prepared By

Kevin McHugh c. Signed and Stamped by

8/19/19 d. Final Revision Date

varies (as shown) e. Scale

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:

2. Municipal Check Number

3. Check date

4. State Check Number

5. Check date

6. Payor name on check: First Name

7. Payor name on check: Last Name

noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2


NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key.

A. Applicant Information

1. Location of Project:

a. Street Address

b. City/Town

c. Check number

d. Fee amount

2. Applicant Mailing Address:

a. First Name

b. Last Name

c. Organization

d. Mailing Address

e. City/Town

f. State

g. Zip Code

h. Phone Number

i. Fax Number

j. Email Address

3. Property Owner (if different):

a. First Name

b. Last Name

c. Organization

d. Mailing Address

e. City/Town

f. State

g. Zip Code

h. Phone Number

i. Fax Number

j. Email Address

To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent).

B. Fees

Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone.

Step 2/Number of Activities: Identify the number of each type of activity.

Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions.

Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount.

Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50.

noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2


NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

B. Fees (continued)

Step 1/Type of Activity Step 2/Number of Activities

Step 3/Individual Activity Fee

Step 4/Subtotal Activity Fee

Step 5/Total Project Fee:

Step 6/Fee Payments:

Total Project Fee:

a. Total Fee from Step 5

State share of filing Fee: b. 1/2 Total Fee less $12.50

City/Town share of filling Fee: c. 1/2 Total Fee plus $12.50

C. Submittal Requirements

a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts.

Department of Environmental Protection

Box 4062 Boston, MA 02211

b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of

this form; and the city/town fee payment.

To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.)


ATTACHMENT A

NARRATIVE


NOI



Notice of Intent Narrative

This Notice of Intent (NOI) is being submitted to the Ipswich Conservation Commission by Coneco Engineers & Scientists (Coneco) on behalf of the Town of Ipswich Department of Public Works (DPW) for proposed work on Jeffrey’s Neck Road in Ipswich, Massachusetts. This NOI is being submitted under the Massachusetts Wetlands Protection Act (MGL 131 Section 40; and its implementing Regulations 310 CMR 10.00 et seq.) and the local Ipswich Wetlands Protection Bylaw and Regulations. Coneco has prepared site permitting plans for the reconstruction of Jeffrey’s Neck Road in Ipswich, Massachusetts (Assessors Tax Maps 23A and 15C). The proposed site work consists of raising the road to an elevation of approximately 9 feet above sea level (ASL; NAVD 1988) in area where it is currently lower in elevation. The project extends from the intersection with Island Park Road to the intersection with Northridge Road, a distance of approximately 3,994 linear feet. The Town of Ipswich applied to FEMA’s Hazard Mitigation Grant Program (HMGP) for financial assistance to fund planning, design, and construction of recommended improvements to a 3,994-foot section of Jeffrey’s Neck Road and Island Park Road. The Town received grant money to fund the design and permitting for the project and is in line to receive construction funding as well. The Massachusetts Emergency Management Agency (MEMA) is the State agency sponsor for the project, and the project has been extensively coordinated with the relevant state, local, and federal agencies involved in the project approvals process.

The project involves elevating Jeffrey’s Neck Road, a low-lying causeway between Island Park Road and Northridge Road, that connects Great Neck to the mainland (Figures 1 and 2 in Attachment E). It is the only road that connects the residents and businesses on Great Neck to the mainland. The road floods during severe coastal storm events, cutting off Great Neck from emergency response providers. The 100-year floodplain elevation in this area is 13 feet (NAVD88) above sea level (ASL), and portions of the road are as low as 7 feet ASL. The proposed work will be carried out in the existing road and shoulder surfaces; therefore no resource areas will be altered. The project does not propose any work in Bordering Vegetated Wetlands, Salt Marsh, or Coastal Banks (the three Resource Areas adjacent to the project).

EXISTING SITE CONDITIONS

Jeffrey’s Neck Road is a 24-foot to 26-foot-wide bituminous asphalt public road with gravel shoulders that provides the only vehicular access to the Little Neck and Great Neck areas of Ipswich. The road is located southwest of the Plum Island Sound and is bordered by the Great Marsh on either side. The proposed work area consists of the approximately 3,994 linear feet of Jeffrey’s Neck Road located between the road’s intersections with Northridge Road and Island Park Road in northern Ipswich. Jeffrey’s Neck Road is the sole access road for the Great Neck, Little Neck, Eagle Hill, and Island Park neighborhoods, which include approximately 750 residences. The road was constructed on a geologic divide between Eagle Hill River/Paine Creek and their bordering salt marshes to the northwest and the Ipswich River and its bordering salt marshes to the southeast. The road is bordered by salt marshes, single-family residential buildings, and a few commercial buildings. Utility poles run along the shoulders on either side. Topography along the road is shallow, generally sloping at grades of 1% or less with cross



slopes around 2%. Storm runoff flows over the road and gravel shoulders into the marsh on either side of the road. Roadway elevations vary from a low of approximately 7.0 feet above sea level (ASL) near the intersection with Island Park Road to approximately 10.0 feet ASL near the intersection with Northridge Road, the northern terminus of the project area. In addition, the westernmost segments of Island Park Road are included as part of the project area. The Isolated Vegetated Wetland, Salt Marsh, Coastal Bank, Land Subject to Tidal Action, and Bank boundaries were delineated by LEC Environmental Consultants, Inc. in 2015 and the boundaries were affirmed by Coneco in 2019. Coneco also delineated an area of Bordering Vegetated Wetlands along the project route. All resource area boundaries are shown on the accompanying plans.

Jeffrey’s Neck Road and Island Park Road have experienced repeated flooding when storm surge occurs during some high tides, nor’easter storms, or a combination of those events. Flooding from the western salt marsh has led to periodic road closures along Jeffrey’s Neck Road and Island Park Road, particularly in areas adjacent to the salt marsh that are at 7.0 to 10.0 feet ASL. The Ipswich Chief of Police reported that road closures occurred during major storms in 2003 (5 hours), 2007 (36 hours), and 2013 (103 hours) (MEMA, 2013). Jeffrey’s Neck Road was shut down 11 times between 2003 and 2013 (Town of Ipswich, 2013b). Information was not available for closures that were less than 4 hours in duration (MEMA, 2013).

Wetlands

Wetland Protection Act Resource Areas were field delineated throughout the project area in 2015 in accordance with state and federal regulations. In 2019 the delineation was field reviewed, re-flagged, and during location by instrument survey 1-inch by 1-inch wooden stakes were driven in at each flag location. The locations of resource areas are shown on the design plans in Attachment E. In addition, a few coastal salt marsh areas, and a Bordering Vegetated Wetland that were not originally flagged in 2015 were flagged in 2019 and the locations of the boundaries surveyed by instrument survey. The Resource Areas along the project route include Salt Marsh, Coastal Bank, Coastal Beach, Land Subject to Tidal Action, Isolated Vegetated Wetlands (locally jurisdictional), Bordering Vegetated Wetlands, as well as Land Subject to Coastal Storm Flowage (floodplain). The boundaries of the resource areas adjacent to the road are shown on the project plans included in Attachment E. These boundaries have had cursory reviews by various regulators during numerous site visits, but the boundaries have not been affirmed through a permitting process at the time of the filing of this NOI. The project area is adjacent to, but not in, the field delineated resource areas. The project is proposed within Land Subject to Coastal Storm Flowage (floodplain; see subsequent section).

Area of Critical Environmental Concern (Great Mash ACEC)

The wetland systems bordering the estuarine reaches of the Ipswich River and Eagle Hill River/Paine Creek are designated as part of the Great Marsh Area of Critical Environmental Concern (ACEC) by the Massachusetts Executive Office of Environmental Affairs (shown on Figure 5 of Attachment C). The Great Marsh extends along coastal areas of the Town of Ipswich and includes approximately 25,500 acres of barrier beach, dunes, saltmarsh, wetlands, and open water. The Great Marsh ACEC is managed by the Massachusetts Department of Conservation and Recreation (DCR), which coordinates closely with Massachusetts Office of Coastal Zone Management. Both agencies have been involved in the planning process for this project.



Floodplains

Based on FIRM Panel 25009C0279G (effective date July 16, 2014; included at the end of Attachment C), Jeffrey’s Neck Road is in Special Flood Hazard Area Zone AE, which is subject to inundation by the 1 percent annual chance flood (i.e., 100-year flood). The 100-year flood elevation along Jeffrey’s Neck Road is 13.0 feet (NAVD88) ASL. The areas along the northern section of Jeffrey’s Neck Road are also subject to moderate wave action associated with Eagle Hill River/Paine Creek (FEMA Map Service Center, 2012) (Figure 3 of Attachment C).

From 2003 to 2013, flooding occurred along Jeffrey’s Neck Road during recorded tides ranging from 7.32 to 8.25 feet (CDM Smith, 2013). According to the National Oceanic and Atmospheric Administration (NOAA), the high-water elevation along the Massachusetts coast (based on elevations recorded at Station No. 8443970) has steadily risen by a total of approximately 0.5 feet over the last 37 years (NOAA, 2017a). The elevated portions of Jeffrey’s Neck Road act as a dam controlling the flow of water between the surrounding wetlands. The lower section (near the intersection with Island Park Road) acts as a spillway enabling the water levels on either side of the road to equalize. On average, Jeffrey’s Neck Road experiences this spillway impact approximately twice a year.

Threatened and Endangered Species

In accordance with Section 7 of the Endangered Species Act of 1973, as amended (ESA; 16 USC § 1531-1544) and the Massachusetts Endangered Species Act (MESA; MGL c.131A), the project area was evaluated for the potential occurrences of both State and Federally listed threatened and endangered species. Impacts to listed species are defined in specific terms by NHESP, the USFWS, and NOAA Fisheries (USFWS & NOAA Fisheries, 1998). The ESA requires Federal agencies “to ensure that actions they authorize, fund, or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species.” In a similar fashion MESA requires applicants to coordinate their projects with NHESP whenever project elements are within Priority Habitats as mapped by NHESP. Each law also prohibits any action that causes a “taking” of any listed species. “Take” is defined by the ESA as “to pursue, hunt, shoot, wound, kill, trap, capture, or collect, or any attempt to carry out these activities” (in reference to listed species of endangered fish or wildlife). Under MESA Take” is defined (in reference to animals) as “to harass, harm, pursue, hunt, shoot, hound, kill, trap, capture, collect, process, disrupt the nesting, breeding, feeding or migratory activity or attempt to engage in any such conduct, or to assist such conduct” and in reference to plants; “to collect, pick, kill, transplant, cut or process or attempt to engage or to assist in any such conduct”.

Using the USFWS’s Information for Planning and Consultation (IPaC) database, three Federally-protected species have the potential to be present in the project area: Northern long-eared bat (Myotis septentrionalis), Rufa red knot (Calidris canutus rufa; a member of the sandpiper family), and roseate tern (Sterna dougallii). There is no critical habitat for the three ESA-listed species in or adjacent to the project area (USFWS, 2017b). Ipswich does not have any marine species listed by the NOAA Fisheries (NMFS Fisheries, Undated).

Under MESA, the salt marshes adjacent to the road are listed as being in PH2122, a large priority habitat polygon that encompasses most of the coastal wetlands and open water areas of the Plum Island Sound system and its estuaries (Figure 4 of Attachment C). NHESP has several coastal avian species and a coastal plant listed for the Town of Ipswich. The project is being coordinated with NHESP and the Town anticipates that no “take” will occur due to the roadway project.



Coastal Zone Management and Chapter 91 Tidelands

The entire project area is within the Massachusetts Coastal Zone and is subject to the consistency review requirements of the federal Coastal Zone Management Act (16 U.S.C. 1452, Sec. 303 (1) and (2)); in fact, the entire eastern half of the Town of Ipswich is within the limits of the Coastal Zone. In Massachusetts the EOEEA Office of Coastal Zone Management (CZMA) is the agency responsible for implementing the state’s coastal program under the federal Coastal Zone Management Act. Staff from CZMA have been involved in the planning phases of this project and have given input to the requirements for the project. A Federal Consistency Review has not been prepared and submitted at the time of the filing of this NOI.

In Massachusetts projects in, on, over, or under navigable and coastal waters (including formerly flowed and filled tidelands) are subject to review (and potentially permitting or licensing) under the Massachusetts Public Waterfront Act (MGL c.91; also known as “Chapter 91” or “Waterways Permitting/Licensing”). From the available MassGIS data layers Chapter 91 jurisdiction begins at the upper marsh boundary and extends seaward. Jeffrey’s Neck Road is not shown as a “Public Way subject to Chapter 91 jurisdiction” but the project is being coordinated with the MassDEP Waterways Program.

PROPOSED PROJECT

Summary

The proposed project consists of reconstruction of the approximately 3,994 linear feet of Jeffrey’s Neck Road between Island Park Road and Northridge Road. Jeffrey’s Neck Road is the sole access road for the Great Neck, Little Neck, Eagle Hill, and Island Park neighborhoods, which include approximately 750 residences. The proposed scope of work will include maintaining access to the existing driveways along this segment of road and expanded the 24-foot wide section of road to 26-feet wide; this expansion as well as grading work will extend into the gravel and grass shoulders on either side of the road, however, the road pavement will not extended past the existing shoulders. The proposed road will also be realigned to provide more consistent separation from the resource areas on either side.

Portions of the proposed work will be within the Ipswich 25-foot No Disturbance Zone and additional 15-foot No-Build Zone of wetland resource areas, within the 100’ buffer zones of the Coastal Bank, Salt Marsh (the Great Marsh), and Isolated Vegetated Wetland, and within the Great Marsh ACEC as well as its 150’ buffer zone. The proposed work will also take place entirely within Land Subject to Coastal Storm Flowage.

Construction Sequence

Construction will likely occur on Jeffrey’s Neck Road during summer and early fall to avoid coastal storm seasons and construction is predicted to take six months. Construction will take place on half of the road at a time, meaning one lane of the two-lane roadway will be closed for construction. This will allow passage via the one open lane. A police detail will be on site during construction activities to direct vehicular traffic on the open one lane around the active construction area. Once the one lane road construction has been completed and the road has been built up, the closure will flip to the opposite side of the road, and the same closure procedure will occur. The one lane shut down process will be approximately 500 linear feet at a



time. The project includes raising the elevation of low-lying segments of Jeffrey’s Neck Road and adjacent shoulders by up to two feet. The road will be widened in select areas to establish consistent 13-foot wide travel lanes. Full depth reconstruction along most of the project area is planned, while a 2-inch overlay of new asphalt is planned in additional select reaches of the roadway. The limit of work is generally coincident with the top of existing slope and no direct alteration of Salt Marsh is planned to accommodate the new work.

Erosion Control

All proposed construction activity and areas subject to vehicular traffic will be separated from wetland resource areas silt fencing. The contractor and/or owner will actively maintain this silt barrier until disturbed areas are stabilized.

ALTERNATIVES CONSIDERED

Several alternatives were evaluated for the proposed Jeffrey’s Neck Road flood protection project. The alternatives were evaluated based upon engineering constraints, potential environmental impacts, and available property. Budgetary constraints were considered but were not a controlling factor. Additionally, a No Action Alternative was considered and eliminated because it does not meet the project need.

Alternative 1 – The No Action Alternative

Under the No Action Alternative, no federal or state action would occur, and the project area would remain in its present condition. Jeffrey’s Neck Road would remain at elevations from a low of approximately 7.0 feet (NAVD88) ASL near Island Park Road to approximately 10.0 feet ASL near the intersection with Northridge Road. Flooding would occur at its current frequency, with the potential for additional flooding events due to possible sea level rise. Road closures would continue and will likely increase in frequency due to sea level rise. The existing paved roadway and shoulder widths would continue to vary throughout the length of the road between 24.0 feet and 26.0 feet. No additional safety features, such as guard rails, would be added to Jeffrey’s Neck Road.

Alternative 2 – Elevation of Jeffrey’s Neck Road to 13.0 feet (i.e., above the 100-year Floodplain)

Alternative 2 would include the construction of an elevated crossing to raise the road 6.0 feet (or more) above current conditions to accommodate projected sea level rise and increased storm surge. To remove Jeffrey’s Neck Road from the existing 100-year floodplain, the roadway would need to be elevated to above 13.0 feet (NAVD88) ASL.

This alternative was dismissed from further consideration for the following reasons:

Elevation of Jeffrey’s Neck Road by 6.0 feet (or more) would completely cut off existing driveways along Jeffrey’s Neck Road and Eagle Hill Road from the main roadway.

The level of construction and permitting required would be extensive and cost prohibitive (estimated at more than $20 million) (Town of Ipswich, 2013a).



Construction activities would likely require complete closure of Jeffrey’s Neck Road during construction, thereby prohibiting access to residents in the approximately 750 homes located in the Great Neck, Little Neck, Eagle Hill, and Island Park areas of Ipswich.

Construction activities would encroach in wetlands and, therefore, could require extensive environmental permitting and other agency reviews with the potential for non-compliance with State and Federal environmental regulations.

Alternative 3 – Storm Wall Construction

Alternative 3 would include the construction of storm walls along both sides of Jeffrey’s Neck Road between Island Park Road and Eagle Hill Road, and from the eastern end of Eagle Hill Road to the area of Northridge Road. The storm walls would be constructed to 2 feet above Base Flood Elevation (i.e. 15 feet ASL). Alternative 3 would provide protection for the road surface from splash-over due to wave action during storms with high winds.

Alternative 3 was dismissed because it would not be suitable to mitigate the impacts from flooding due to storm events or elevated tides. Weep holes would be required along the bottom of the walls to drain the runoff that collects on the road surface. During storm events or high tides, the weep holes would act in reverse, allowing sea water to pass through and flood the roadway. A second option would be to install drains and pumps to move water off the road surface and into the adjacent salt marsh. This requires large energy inputs and could damage the adjacent marsh.

Alternative 3 also was dismissed for the following additional reasons:

Construction of the storm walls would require significant excavating to form footings to support the walls; it is anticipated that complex permitting would be necessary to construct the storm walls along the edge of the salt marsh.

It is also expected that public support would not exist for Alternative 4 since the storm walls would restrict views of the salt marsh from the roadway and nearby residences.

Alternative 4 – Bridge

Alternative 4 would include the construction of an elevated causeway or bridge on piers. Constructing 3,994 linear feet of roadway on structure would be prohibitively expensive and the alternative was eliminated from further consideration because it would fail the cost:benefit analysis for funding.

Alternative 5 – Road Elevation (Preferred Alternative)

Under Alternative 5 (the Preferred Alternative) the Town would raise the elevation of portions of Jeffrey’s Neck Road and Island Park Road. The Town would complete improvements along a 3,994 linear foot stretch of Jeffrey’s Neck Road and the western section of Island Park Road. The endpoints of the Preferred Alternative are from Island Park Road (South) to Northridge Road (North) (Project Plans included in Attachment E). This alternative calls for the elevation of the portions of Jeffrey’s Neck Road and Island Park Road that are currently below 9.0 feet



ASL to at least 9.0 feet ASL. Work would occur in the current footprint of the road and shoulders and would not directly impact adjacent resource areas.

The Preferred Alternative would not elevate portions of Jeffrey’s Neck Road and Island Park Road above the current 100-year flood elevation of 13.0 feet ASL. Therefore, while this alternative would alleviate flooding from typical storm events, severe storm events would continue to cause flooding. The combination of severe storms and potential sea level rise likely could continue to produce periodic flooding along portions of Jeffrey’s Neck Road and Island Park Road, but only during extreme events. The Preferred Alternative would reduce the amount of road closures and allow easier evacuation from the Great Neck, Little Neck, Eagle Hill, and Island Park neighborhoods prior to potential flooding from extreme events.

Elevating the existing roadway may require the construction of a new subbase for the roadway to improve stability. This would require removal of some portions of the existing roadway subbase and placement of crushed stone to improve the structural integrity of the roadway. Completing the roadway elevation to 9.0 feet ASL would not impact access to driveways adjacent to the project area. Raising the roadway elevation to 9.0 feet ASL would require minor modifications to driveways at only four or five homes along this section of roadway. Modifications to driveways within the project area would not impact access or use.

All construction would be carried out within the extent of previously disturbed land surfaces. Construction could be phased so that a single lane remained open. At sections that are under 26.0 feet in width, the road would be widened, using the existing shoulders, to attain a width of 26.0 feet. Existing utility poles and water lines would remain in place. There is no drainage system in the road and this alternative does not include adding one. The installation of guard rails along this reach of roadway is being discussed with the relevant agencies. Currently there is no guard rail system in place.

Because of the proximity to sensitive ecological resources construction staging will take place away from the project corridor at the Town’s DPW facility. There will be no staging, refueling of equipment, or maintenance of equipment within 100 feet of any resource areas.

There are two road side slope treatments proposed depending on wave action in each road section: a hardscaped embankment (as currently exists) and a bio-engineered slope.

The Town proposes to install rip rap along the slope profile of Jeffrey’s Neck Road to facilitate movement of floodwaters from the Paine Creek/Eagle Hill River and Ipswich River toward the Atlantic Ocean in sections where past wave action has eroded the road slope (Sheets 9 and 10 of Attachment E). Rip rap typically consists of rock piled along shorelines to reduce erosion and harden shorelines. The limits of disturbance for the hardened shoreline would extend to the outer edge of the roadway shoulder, above mean sea level, and not beyond the current limit of disturbance. The hardened shoreline would not encroach on the adjacent salt marsh. Hardened shorelines, as currently exists, often require little maintenance but they can deflect wave energy.

In the other sections of the roadway where wave action is less severe (Sheets 4 through 11 of Attachment E) the Town proposes to install a bioengineered shoreline (coir fiber rolls with limited boulder toe protection) along the slope profile of Jeffrey’s Neck Road. Native vegetation could be planted to further stabilize the side slope of the roadway. This alternative carries with it an increase in maintenance due to the



movement, displacement, or degradation of coir fiber rolls over time. Although they require considerably more maintenance than hardened shorelines, they are theoretically better at absorbing wave energy because of their more resilient structure. Attachment E contains details of possible installation methods.

Cost Analysis

A preliminary cost analysis was performed utilizing the plans developed as part of this alternative analysis. In summary, the “no build” option has no immediate capital cost while road bridging and building a wall along the road are the two most expensive alternatives examined in this analysis.

Summary

Upon completion of the aforementioned analysis and assessment, the Town proposes Road Elevation (Preferred Alternative) with varied slope treatments as the most practicable solution for implementing the desired project while minimizing the impacts to adjacent resource areas.

PROJECT IMPACTS

Summary

The proposed project has been designed to have no direct impacts on the wetland resource areas located adjacent to the roadway. Although several proposed activities will occur near the wetland resource areas, the necessary erosion controls will be implemented to eliminate sediment flow to the wetlands and the proposed work will not extended into the resource areas or beyond the boundaries of the previously disturbed area.

Land Subject to Coastal Storm Flowage

The proposed work in LSCSF constitutes 107,840 square feet of area (3,994 linear feet of roadway). LSCSF is listed as a resource are but has no performance standards listed in the regulations. Fill within LSCSF does not displace floodwater as is the case with BLSF, therefore there will not be any impacts to abutting properties due to the fill.

Buffer Zone Impacts

The proposed project is almost entirely within the 100-foot buffer zone to adjacent Salt Marsh resource areas. Most of the work is within the 25- and 40-foot local buffer zones and the DPW requests a waiver from the requirements for these buffer zones. All the work area is already dedicated to the transportation corridor and is already disturbed. Therefore, no new areas of buffer zone are being disrupted and the resulting buffer zones will function as the do today.

MITIGATION

The following mitigation measures are proposed:



• The Town evaluated the efficacy of installing a bio-engineered road side slope

instead of an armored side slope for the roadway. Given consideration to cost,

longevity, resilience, and effectiveness of various bioengineering methods the

proposed project maximizes the use of bioengineered side slopes instead of

hardscaped side slopes wherever feasible.

• To minimize impacts from erosion and sedimentation, construction activities will

adhere to Federal, State, and local regulations, including NPDES requirements.

Silt fences, straw bales, compost socks, or fiber logs will be used along the edge

of the work zone and just upslope of all salt marsh areas to limit construction-

related short-term erosion impacts.

• Construction BMPs shall be employed, such as covering haul trucks and soil

piles, restoring/replanting areas where vegetation is disturbed to prevent erosion

and dust, and limiting idling to five minutes or less.

• The contractor will be required to keep all equipment in good working order to

minimize air pollution. Contractors will have to comply with the MassDOT diesel

retrofit and low sulphur diesel emission standards.

• Floodplain Best Available Data shall be used to determine the 100-year

floodplain elevation for final engineering design in accordance with 44 CFR Part

9. At the time of this publication, FIRM panel 25009C0279G (dated July 16,

2014) is the best available data.

• In the event of an unexpected discovery of threatened or endangered species,

construction shall be halted until consultation with USFWS and NHESP has been

completed.

• In the event of an unexpected discovery of cultural resources, construction shall

be halted near the discovery; all reasonable measures will be taken to avoid or

minimize harm to the property until the Town has completed consultation with the

Massachusetts SHPO.

• To minimize noise impacts, construction and installation activities would be

restricted to normal business hours to the maximum extent possible. Heavy

equipment, machinery, and vehicles utilized at the project area would meet all

Federal noise requirements.

• The contractor will be responsible for ensuring that all excavated material and

soils are handled, transported, and disposed of in accordance with all applicable

regulations. In the unlikely event that contaminated soils (or other material) are

encountered during excavation or any construction activity, the contractor will be

required to have an LSP characterize the soil (and/or other material) to determine

appropriate handling and treatment/disposal. Any hazardous waste produced

would be managed by MassDEP-permitted haulers and disposal sites.

MESA/DMF COORDINATION AND EXEMPTIONS



During the review of the MEPA ENF both NHESP and DMF requested additional coordination regarding the project. Therefore, this NOI is being sent as a courtesy to both agencies as well as to the Waterways Program at the DEP.

According to 321 CMR 10.14 (MESA Exemptions from Review for Projects or Activities in Priority Habitat) “the following Projects and Activities shall be exempt from the requirements of 321 CMR 10.18 through 10.23:

(12) the maintenance, repair or replacement, but not widening, of existing paved roads, shoulder repair that does not exceed four feet from an existing travel lane, paved and unpaved driveways and paved and unpaved parking areas, provided such unpaved driveways and unpaved parking areas are for year-round use and are not thereafter paved, but not including bike paths, or parking areas on barrier beaches, coastal beaches, coastal dunes, or salt marshes, as defined by the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40 and 310 CMR 10.00), and not including actions that are likely to result in changes in storm water drainage”

This exemption applies to the work being proposed for the Jeffrey’s Neck Road project. No work in actual habitat is being proposed.

Additionally, no work is being proposed below high tide or in a fish run, therefore the project is also exempt from DMF review.

CONFORMANCE WITH WPA PERFORMANCE STANDARDS

Wetland Boundary Determination On October 13, 2015, LEC conducted a site evaluation to identify and characterize existing protectable Wetland Resource Areas located proximate to Jeffrey’s Neck Road. Based on observations, LEC determined that the site contains inland and coastal wetland resource areas, including Isolated Vegetated Wetland, Salt Marsh, Coastal Bank, Land Subject to Coastal Storm Flowage, Coastal Beach, and Land Subject to Tidal Action. LEC delineated the boundaries of Isolated Vegetated Wetland, Salt Marsh, Coastal Bank, Land Subject to Tidal Action, and Top of Bank, Coneco then (in 2019) confirmed and extended in more detail around the project area those boundaries of delineation. The Resource Areas are as follows, along with the WPA performance standards and the project’s compliance: Coastal Bank Coastal Bank is defined as “the seaward face or side of an elevated landform, other than a coastal dune, which lies at the landward edge of a coastal beach, land subject to tidal action, or other wetland.” [310 CMR 10.30(2)]. The roadway embankments are elevated landforms that lie at the edge of other wetlands, namely Salt Marsh and Land Subject to Coastal Storm Flowage, therefore meeting the definition of Coastal Bank. According to Wetlands Program Policy 92-1, the top of bank meets Standard D which states a "top of coastal bank" will fall below the 100-year flood elevation and is the point where the slope ceases to be greater than or equal to 10:1.” Salt Marsh



Salt Marsh is defined as “a coastal wetland that extends landward up to the highest high tide line, that is, the highest spring tide of the year, and is characterized by plants that are well adapted to or prefer living in, saline soils.” Proximate to the road is a high marsh zone consisting of salt-marsh hay (Spartina patens) predominantly. Vegetation towards the upland edge includes high tide bush (Iva frutescens), glasswort (Salicornia spp.), seaside goldenrod (Solidago sempervirens), and common reed (Phragmites australis). The boundary of this salt marsh is coincident with the highest high tide line and is primarily located at the toe of the fill slope associated with the roadway shoulder. Land Subject to Coastal Storm Flowage Land Subject to Coastal Storm Flowage (LSCSF) is defined as “land subject to any inundation caused by coastal storms up to and including that caused by the 100-year storm, surge of record or storm of record, whichever is greater” [310 CMR 10.04]. According to the July 16, 2014 Federal Emergency Management Agency Flood Insurance Rate Map and Flood Boundary and Floodway Map for Essex County, Massachusetts (Community Panel 25009C0279G), the entire project site is located within the Zone AE: Special Flood Hazard Areas Subject to Inundation by the 1% Annual Chance Flood. Elevation 13 feet (NAVD 88) has been determined to be the base flood (i.e., 100-year floodplain). In addition, a Coastal Barrier Resource System is located within the salt marsh east of the project area. As a result, the entire site is located within Land Subject to Coastal Storm Flowage. Land Subject to Tidal Action Land Subject to Tidal Action is defined as “land subject to the periodic rise and fall of a coastal water body, including spring tides” [310 CMR 10.04]. The upper boundary of salt marsh is coincident with Land Subject to Tidal Action. Isolated Vegetated Wetland Under the Town of Ipswich Wetlands Protection Bylaw, a “Fresh Water Wetland shall include any marsh, bog, swamp or wet meadow, whether or not it borders on a water body. Said wetland may be defined by its vegetational community, soil composition or hydrologic regime. A wetland not bordering on a body of water and not exceeding 5000 square feet shall not be subject to protection under this By-Law, unless said wetland is or can be certified as a Vernal Pool, as established by Massachusetts Natural Heritage and Endangered Species Program’s “Guidelines for Certification of Vernal Pool Habitat“ [Chapter XVIII, Section 3]. An isolated fresh water vegetated wetland is located on the northwest side of Jeffrey’s Neck Road and north of Eagle Hill Road. This wetland is dominated with common reed (Phragmites australis) with a shrub perimeter proximate to the road. The understory comprises elderberry (Sambucus spp.), honeysuckle (Lonicera spp.), glossy buckthorn (Frangula alnus), and Japanese knotweed (Polygonum cuspidatum). LSCSF, Land Subject to Tidal are defined under the Wetlands Protection Act (WPA) 310 CMR 10.04, but there are no associated Performance Standards. However, all the proposed construction and project actions comply with 310 CMR 10.21 through 10.37 regulations and definitions. Salt Marsh



From the WPA Regulations for the Salt Marsh (310 CMR 10.32(3)) the General Performance Standards are:

(3) A proposed project in a salt marsh, on lands within 100 feet of a salt marsh, or in a body of water adjacent to a salt marsh shall not destroy any portion of the salt marsh and shall not have an adverse effect on the productivity of the salt marsh. Alterations in growth, distribution and composition of salt marsh vegetation shall be considered in evaluating adverse effects on productivity. 310 CMR 10.32(3) shall not be construed to prohibit the harvesting of salt hay.

The salt marsh will not be altered or destroyed, the project area will take place on the already existing roadway and road shoulder upslope of the salt marsh.

(4) Notwithstanding the provisions of 310 CMR 10.32(3), a small project within a salt

marsh, such as an elevated walkway or other structure which has no adverse effects other than blocking sunlight from the underlying vegetation for a portion of each day, may be permitted if such a project complies with all other applicable requirements of 310 CMR 10.21 through 10.37.

No structure will be constructed to block the sun, only the road is being altered.

(5) Notwithstanding the provisions of 310 CMR 10.32(3), a project which will restore or rehabilitate a salt marsh, or create a salt marsh, may be permitted in accordance with 310 CMR 10.11 through 10.14, 10.24(8), and/or 10.53(4). The bioengineered sloped road shoulder will allow for more salt marsh vegetation to grow on the slope than under existing conditions. Thus, this project could help restore the salt marsh in accordance with 310 CMR 10.11 through 10.14, 10.24(8), and/or 10.53(4).

(6) Notwithstanding the provisions of 310 CMR 10.32(3) through (5), no project may be permitted which will have any adverse effect on specified habitat sites of Rare Species, as identified by procedures established under 310 CMR 10.37. No habitat or site for Rare Species will be harmed, the current gravel shoulder will be transformed into a bioengineered slope, providing habitat for species in the future. Coastal Banks From the WPA Regulations for Coastal Banks (310 CMR 10.30(3)) the General Performance Standards are:

No new bulkhead, revetment, seawall, groin or other coastal engineering structure shall be permitted on such a coastal bank except that such a coastal engineering structure shall be permitted when required to prevent storm damage to buildings constructed prior to the effective date of 310 CMR 10.21 through 10.37 or constructed pursuant to a Notice of Intent filed prior to the effective date of 310 CMR 10.21 through 10.37 (August 10, 1978), including reconstructions of such buildings subsequent to the effective date of 310 CMR 10.21 through 10.37, provided that the following requirements are met:

(a) a coastal engineering structure or a modification thereto shall be designed and constructed to minimize, using best available measures, adverse effects on adjacent or



nearby coastal beaches due to changes in wave action, and

A bioengineered slope has been designed to stabilize the road slope, provide additional habitat area, and to minimize adverse effects after construction. Controls and mitigations during construction will be implemented to minimize adverse effects on adjacent coastal resources.

(b) the applicant demonstrates that no method of protecting the building other than the proposed coastal engineering structure is feasible.

Various alternatives for road reconstruction were evaluated and the preferred alternative has the least environmental impact of the alternatives evaluated.

(c) protective planting designed to reduce erosion may be permitted. (4) Any project on a coastal bank or within 100 feet landward of the top of a coastal bank, other than a structure permitted by 310 CMR 10.30

The bio-engineered slopes will reduce erosion

(3), shall not have an adverse effect due to wave action on the movement of sediment from the coastal bank to coastal beaches or land subject to tidal action.

The bio-engineered slopes will aid in wave action attenuation and movement. They will act as an energy absorbent of the wave action.

SUMMARY

The proposed road reconstruction of Jeffrey’s Neck Road in Ipswich is a necessary improvement for public safety and infrastructure longevity. These changes will not negatively impact the nearby environmental resource areas as the appropriate erosion controls will be utilized. The Proposed project also would help to facilitate access for emergency management and first responder personnel and equipment in the project area during storm events.

This NOI concludes that the elevation of Jeffrey’s Neck Road and Island Park Road to a minimum of 9.0 feet (NAVD88) ASL would have no major impact on the local natural resources, human and natural environments. The Proposed Alternative would be expected to improve some aspects of the environment near the project area such floodplains, coastal resources, transportation, public health and safety, and impacts from climate change.

As supported by the technical analyses provided in this NOI the Proposed Alternative would not result in major impacts with respect to topography and soils, water quality, wetlands, floodplains, coastal resources, or biological resources.

The Applicant requests that the Ipswich Conservation Commission issue an Order of Conditions under the Ipswich Wetlands Protection Bylaw and the Massachusetts Wetlands Protection Act allowing the project to proceed as proposed. Additionally, the Applicant requests a waiver from the requirements of the local 25- and 40- foot buffer zones.


Notice of Intent Jeffrey’s Neck Road Reconstruction September 4, 2019 Ipswich, Massachusetts

ATACHMENT B

NOTICE TO ABUTTERS


NOI


AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act

and Ipswich Wetlands Bylaw

I, Michael Toohill, of Coneco Engineers and Scientists, Inc., hereby give notice under pains and penalties of perjury that on September 4, 2019 I gave notice to abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131, section 40, and the DEP Guide to abutter notification dated April 8, 1994, in connection with the following matter:

A Notice of Intent was filed under the Massachusetts Wetlands Protection Act by the Town of Ipswich

Department of Public Works with the Town of Ipswich Conservation Commission on for:

Jeffrey’s Neck Road from Island Park Road to Northridge Road.

The form of the notification, the list of abutters to whom it was given, and their addresses are attached to

this Affidavit of Service.

Michael J. Toohill 9/4/19


NOTIFICATION TO ABUTTERS UNDER THE

MASSACHUSETTS WETLANDS PROTECTION ACT

AND THE TOWN OF IPSWICH WETLANDS PROTECTION BYLAW

In accordance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40,

and the Ipswich Wetlands Protection Bylaw, as an abutter within 100 feet of any property line, you

are hereby notified of the following:

The Town of Ipswich Department of Public Works has filed a Notice of Intent with the Ipswich

Conservation Commission, for review of the following activity:

Reconstruction of Jeffrey’s Neck Road from Island Park Road to Northridge Road

Tax Map 23A and 15C; Tax Lot N/A.

Existing IPS/DEP File Number, if assigned, is DEP # 036-N/A.

The Applicant's target hearing date is September 18, 2019.

Information regarding the date, time, and place of the public hearing may be obtained from the

Ipswich Conservation Office by calling (978) 356-6661.

The filing materials may be examined at the Conservation Office, 25 Green St, Ipswich, MA, by

appointment during Town Hall business hours, or without an appointment on

Monday 8:00am - 2:00pm and 4:00pm - 6:00pm;

Tuesday 9:00am - 10:00am;

Wednesday 8:00am - 2:00pm;

Thursday 8:00am to 11:00am and 3:00pm – 4:00pm;

Friday 8:00am – 12:00pm.

Copies of 8½” by 11” documents may be purchased for $0.05/page. Full size plans (24” by 36”) may

be purchased for $7.00 per sheet. Scans of document can be provided at no charge and emailed.

Scans and copies may not be available immediately but will be prepared within a reasonable time

of the request. No file materials may be borrowed under any circumstances. Other than a brief

summary of the matter at issue, the Conservation Office will not be able to discuss projects in depth

over the telephone. If you have specific questions about a filing, contact the Conservation Office to

make an appointment to speak with the Conservation Agent.

Notice of the public hearing, including the date, time and place, will be published at least five (5)

days in advance of the first hearing only, in the Ipswich Chronicle, and in the Conservation

Commission's Agenda as posted outside the Town Clerk’s Office in Town Hall not less than forty-

eight (48) hours in advance of sessions, and on the Town’s Conservation website at

www.Ipswichma.gov .

For more information regarding this matter or the Massachusetts Wetlands Protection Act, you may

also contact the Mass. Department of Environmental Protection, Northeast Regional Office (DEP-

NERO) at 978-694-3200, or at 205B Lowell Street, Wilmington, MA 01887; or at its website at:

http://mass.gov/dep/water/resources/wetlands.htm.



ATACHMENT C

FIGURES


NOI


Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

National Flood Hazard Layer FIRMette

0 500 1,000 1,500 2,000250Feet

Ü

70°4

9'18.1

3"W 42°42'21.62"N

70°48'39.17"W

42°41'54.12"N

SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT

SPECIAL FLOODHAZARD AREAS

Without Base Flood Elevation (BFE)Zone A, V, A99

With BFE or DepthZone AE, AO, AH, VE, ARRegulatory Floodway

0.2% Annual Chance Flood Hazard, Areasof 1% annual chance flood with averagedepth less than one foot or with drainageareas of less than one square mile Zone XFuture Conditions 1% AnnualChance Flood Hazard Zone XArea with Reduced Flood Risk due toLevee. See Notes. Zone XArea with Flood Risk due to Levee Zone D

NO SCREEN Area of Minimal Flood Hazard Zone X

Area of Undetermined Flood Hazard Zone D

Channel, Culvert, or Storm SewerLevee, Dike, or Floodwall

Cross Sections with 1% Annual Chance17.5 Water Surface Elevation

Coastal Transect

Coastal Transect BaselineProfile BaselineHydrographic Feature

Base Flood Elevation Line (BFE)

Effective LOMRs

Limit of StudyJurisdiction Boundary

Digital Data AvailableNo Digital Data AvailableUnmapped

This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The base map shown complies with FEMA's base map accuracy standardsThe flood hazard information is derived directly from theauthoritative NFHL web services provided by FEMA. This mapwas exported on 4/30/2018 at 10:49:04 AM and does notreflect changes or amendments subsequent to this date andtime. The NFHL and effective information may change orbecome superseded by new data over time.This map image is void if the one or more of the following mapelements 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 forunmapped and unmodernized areas cannot be used forregulatory purposes.

Legend

OTHER AREAS OFFLOOD HAZARD

OTHER AREAS

GENERALSTRUCTURES

OTHERFEATURES

MAP PANELS

8

1:6,241.13

B 20.2


ATACHMENT D

PHOTOGRAPHS


NOI


238 Littleton Road, Suite 105, Westford, MA 01886

Telephone: 978-656-8684

NOTICE OF INTENT PHOTOS Public Road Reconstruction

Jeffrey’s Neck Road, Ipswich, MA

Photo 1 – Standing on Island Park Road looking west. This photo shows the bus stop at the

corner of Island Park Road and Jeffrey’s Neck Road where the project will start.


Notice of Intent

Public Road Reconstruction

Jeffrey’s Neck Road, Ipswich, MA Page 2

Photo 2 – Standing on the shoulder of Jeffrey’s Neck Road looking northeast towards

Great Neck. This is the beginning point of the project on the Jeffrey’s Neck Road.


Notice of Intent



Photo 3 – View the Great Marsh looking west.


Notice of Intent



Photo 4 – View of Jeffrey’s Neck Road looking northeast with the Great Marsh on the left.


Notice of Intent



Photo 5 – View of Jeffrey’s Neck Road with 121 Jeffrey’s Neck Road on the right.


Notice of Intent



Photo 6 – View of Jeffrey’s Neck Road with the Great Marsh to the east and 108

Jeffrey’s Neck Road to the west.


Notice of Intent



Photo 7 – View of Paine Creek to the north of Jeffrey’s Neck Road.


Notice of Intent



Photo 8 –Standing on the shoulder of Jeffrey’s Neck Road looking north towards Great

Neck. This is the intersection of Eagle Hill Road and Jeffrey’s Neck Road showing the

driveways of residents.


Notice of Intent



Photo 9 – Standing on the shoulder of Jeffrey’s Neck Road looking north towards

Great Neck. Great Neck is visible in the distance, as is the ocean to the east.


Notice of Intent



Photo 10 – Standing on the shoulder of Jeffrey’s Neck Road looking north at the start

of Great Neck. This is where the project ends at Northbridge Road.



ATACHMENT E

PROJECT PLANS (BOUND SEPARATELY)


NOI
