HomeMy WebLinkAboutSD-20-23 - Supplemental - 1430 Spear Street (2)WHEELER ENVIRONMENTAL SERVICES, LLC
February 26, 2020
Thomas and Kimberly Phillips
1430 Spear Street
South Burlington, Vermont 05403
(sent via email only – tjpandsons@aol.com)
Re: DRAFT Wetland Site Evaluation, 1430 Spear Street, South Burlington, VT
WES Project #1-1634-1
Dear Tom and Kim,
On February 24, 2020, Wheeler Environmental Services, LLC (WES) completed a wetland evaluation for the 0.9 acre Lot #2 parcel located at 1430 Spear Street, South Burlington, Vermont
(the property). The purpose of the evaluation was to attempt to determine whether wetlands are present on the property. In order to accomplish this task, we completed approximately
8-10 hand-auger borings on the property to determine whether hydric soils are present on the property.
During the growing season, a wetland boundary is typically defined using specific criteria based on soils, vegetation and hydrology. Due to the winter conditions on February 24, this
wetland evaluation was based primarily on the limits of hydric soil present in this area.
There are hydric soils present along the western edge of the property (within approximately 65 feet of Spear Street). The hydric soils are silty clay loam textures and have a depleted
matrix that begins within less than 10 inches of the soil surface. A depleted matrix is defined using very specific color requirements and thicknesses for the soil matrix and redoximorphic
concentrations and depletions within that soil layer, but in very general terms it is a gray colored soil matrix with brownish orange mottles.
The colors of the soils further east on the property do not meet the specific requirements of a depleted matrix, most typically because the matrix chroma to a depth below 10 inches from
the soils surface is too bright (light brown instead of gray).
The presence of wetland hydrology indicators for at least two consecutive weeks during the growing season is required to determine whether a wetland is present in a given location.
None of the wetland hydrology indicators were observed on the date of this site visit, but based on the soil morphology on the western edge of the property, it is likely that one or
more primary wetland hydrology indicators will be present in the spring after the growing season has begun. The two wetland hydrology indicators most likely to be present are soil saturation
within 12 inches of the soil surface and a seasonal high water table within 12 inches of the soil surface.
Due to normal seasonal dieback and current snow cover of 12-15 inches, the vegetation was only available to evaluate in a limited manner. The visible vegetation within the western edge
of the property where hydric soils are present appeared to be dominated by hydrophytes (plants that grow in wetlands), including reed canarygrass, meadowsweet (Spirea alba) a small
elm and purple loosestrife. A dominance of staghorn sumac was formerly present along the eastern edge
of this area, coinciding with the general area where the soils transition from hydric to non-hydric. Most of the sumac was recently cut.
Typically, for an area to meet the definition of a wetland, the presence of hydric soils, wetland hydrology and a dominance of hydrophytic vegetation must be documented.
This evaluation determined that for the area within approximately 65 feet of Spear Street, hydric soils are present, a dominance of hydrophytic vegetation appears likely and wetland
hydrology indicators are expected to be present for at least 14 consecutive days during the growing season.
The remaining portions of Lot #2, east of the area described in the preceding paragraph, lack at least one of these three parameters, and most likely all three. This evaluation documented
that the soils in this area are not hydric soils, and preliminary indications are that the vegetation and hydrology do not meet the definitions of those parameters necessary to define
an area as wetland.
Based on the small size (less than 8,000 square feet), vegetative community (wet meadow), lack of adjacent surface water and lack of contiguity to a Vermont Significant Wetland Inventory
(VSWI) mapped wetland, if the western part of Lot #2 is wetland, it is a Class Three wetland. The State of Vermont does not exercise jurisdiction over Class Three wetlands that are
not involved in Act 250 review. The US Army Corps of Engineers (COE) has jurisdiction over any wetlands in Vermont. They do not distinguish between Class Two and Class Three wetlands.
This classification system is part of the Vermont Wetland Rules.
Based on the proposed plans for Lot #2, it appears that fill placement required for utility trenching (sewer, water, communications) and the driveway construction will require approximately
2,000 to 2,500 square feet of fill placement within the area that we have determined may be wetland. The driveway will result in approximately 800 to 1,000 square feet of permanent
fill placement within the potential wetland area. The two utility trenches will result in approximately 1,200 to 1,500 square feet of temporary wetland impacts. There are no viable
alternatives to these proposed impacts.
Up to 5,000 square feet of fill in wetlands is allowed under the COE general permit as a self-verification eligible activity. The language in the general permit that applies to this
level of fill placement in a wetland is as follows:
a. Self-Verification (SV):
i. May proceed without application or notification to the Corps provided the project proponent verifies that the activity will meet the terms and conditions of applicable GPs. Project
proponents must comply with other federal laws such as the National Historic Preservation Act (NHPA), the Endangered Species Act (ESA) and the Wild and Scenic Rivers Act. Consultation
with outside experts, such as the State Historic Preservation Office, Stockbridge-Munsee Tribe, and the U.S. Fish and Wildlife Service (USFWS) may also be necessary.
The applicable GP for this project is GP 17, and reads as follows:
GP 17. NEW/EXPANDED DEVELOPMENT & RECREATIONAL FACILITIES (Sections 10 and 404) Discharges of dredged or fill material for the construction or expansion of developments and/or recreational
facilities. This GP authorizes attendant features that are necessary for the use of the development. Attendant features may include but are not limited to roads, parking lots, garages,
yards, utility lines, storm water management facilities, and septic fields. Fill area includes all temporary and permanent fill, and regulated discharges associated with excavation.
Not authorized under GP 17: Permanent and temporary impacts >5,000 SF in Lake Champlain, Lake Memphremagog, Wallace Pond and adjacent wetlands, and >1 acre in all other waterways and/or
wetlands.
Self-Verification (SV) Eligible
1. <5,000 SF of permanent and temporary impacts in waterways and/or wetlands other than Lake Champlain, Lake Memphremagog and Wallace pond and adjacent wetlands.
NOTE: Construction mats of any area necessary to conduct activities do not count towards the 5,000 SF threshold and should be removed as soon as work is completed.
Pre-Construction Notification (PCN) Required
1. Work not eligible for SV.
2. Permanent and temporary impacts are:
a. <5,000 SF in Lake Champlain, Lake Memphremagog, Wallace Pond and adjacent wetlands.
b. >5,000 SF and <1 acre in waterways and/or wetlands other than Lake Champlain, Lake Memphremagog, Wallace Pond and adjacent wetlands.
3. Work involves stream channelization, relocation, or loss of streambed, including impoundments.
NOTE: Construction mats of any area necessary to conduct activities do not count towards the thresholds and should be removed as soon as work is completed.
Based on the COE general permit and the classification of the area on the property that may be a jurisdictional wetland, the proposed project can proceed with no further notification
to or authorization from the VT ANR or the COE. This statement assumes that the conditions outlined above in GP 17 are satisfied for the project.
Thank you for the opportunity to provide my services to you for this project. Please do not hesitate to contact me with any questions or if you need any additional assistance.
Sincerely Yours,
/_____________________________________________
Bradley A. Wheeler, Principal Scientist
Wheeler Environmental Services, LLC