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Home My WebLink AboutMS-14-05 - Supplemental - 0037 Birch Streetl r CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: May30, 2014 Development Review Board\Staff Comments\Working Folder\ Application received: April 15, 2014 MS_14_05_37BirchStreet Dumont AGENDA ITEM #2 37 Birch Street Miscellaneous Application #MS-14-05 Meeting date: June 3, 2014 Applicants/Owners Property Information Robert Dumont Family Trust Tax Parcel ID c/o Attorney Norm Smith Residential 4 District PO Box 24 Essex Junction, VT 05453 CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 2 DEPARTMENT OF PLANNING & ZONING PROJECT DESCRIPTION Miscellaneous application #MS-14-05 of Robert Dumont Family Trust for approval to impact 1,406 sq. ft. of Class II wetland buffer zone with a driveway to serve a two-family dwelling, 37 Birch Street. COMMENTS Administrative Officer Ray Belair and Planner Temporary Assignment Lee Krohn, AICP ("Staff') have reviewed the plans submitted on April 15, 2014, and offer the following comments. This project involves the construction of 140 foot long driveway to serve a new residential duplex, and associated site work, fill, grading, retaining wall, and buried domestic water line within the driveway footprint. Roughly 80 feet of the driveway, fill area, and block retaining wall lie within the 50-foot regulatory buffer area adjacent to a Class 2 wetland located on the property. The total land area affected is 1,406 sq. ft. The applicant has filed a complete application with the Agency of Natural Resources (ANR), and Vermont General Wetland Permit #3-9025 was issued on April 9, 2014. This ANR permit allows the applicant, 'To construct sections of a driveway and buried utility line for a proposed duplex with 0 square feet of total wetland impacts and 1,406 square feet of total buffer zone impacts." Upon review of the site plan, there does not appear to be any other way to access this property except by going through the wetland buffer. There is limited property frontage at the end of Birch Street, and the driveway already hugs the other adjoining boundary in the corner of the lot as closely as possible. The only other option would run the driveway right through the wetland itself, which is impractical, unworkable, and unlawful. 12.02 Wetland Protection Standards and Review Procedures A. Purpose. It is the purpose of this Section to provide appropriate protection of the City's wetland resources in order to protect wetland functions and values related to surface and ground water protection, wildlife habitat, and flood control. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of south Burlington adopted comprehensive plan and are In accord with the policies set forth therein. C. Wetlands Map and Applicability of Standards. (1) All wetland areas within the City of South Burlington, whether identified on the map entitled "Wetlands Map" as set forth in Section 3.02 of these regulations or as identified through field delineation, and a buffer area fifty (50) feet horizontal distance surrounding the boundary of any such wetland, shall be subject to the provisions of this section. (2) In the absence of site -specific delineations, the City's Wetlands Map shall control as to the location of wetlands and wetland buffer areas subject to the provisions of this section. D. Submittal and Review of Field Delineation and Wetlands Report (1) For all properties for which any application for development requiring DRB review is made, and on which any wetland areas are indicated on the Wetlands Map, applicants are strongly encouraged to submit site specific field delineations indicating the location, classification, functions and values of all wetland areas (Class 1,11 and 111) and an associated fifty (50) foot buffer area. In the absence of such site -specific delineations and information, the City's Wetlands Map shall control. (2) Applicants are encouraged to submit a field delineation and wetlands report as early in the development review process as possible. (3) The DRB shall have the authority to invoke technical review by a qualified wetlands consultant of any field delineation and wetlands report. The City's wetlands consultant shall submit an evaluation of the field delineation and wetlands report addressing the proposed development's consistency with the standards in (D) above, and outlining the following: CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 3 DEPARTMENT OF PLANNING & ZONING (a) Measures that can be taken to improve the overall effect of the project on wetland resources without altering the layout of the proposed project. (b) Measures that can be taken to improve the overall effect of the project on wetland resources that involve altering the layout of the proposed project. E. Standards for Wetlands Protection (1) Consistent with the purposes of this Section, encroachment into wetlands and buffer areas is generally discouraged. (2) Encroachment into Class ll wetlands is permitted by the City only in conjunction with issuance of a Conditional Use Determination (CUD) by the Vermont Department of Environmental Conservation and positive findings by the DRB pursuant to the criteria in (3) below. (3) Encroachment into Class ll wetland buffers, Class 111 wetlands and Class Ill wetland buffers, may be permitted by the DRB upon finding that the proposed project's overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection: (a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately; (b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards; (c) The impact of the encroachment(s) on the specific wetland functions and values identified in the field delineation and wetland report is minimized and/or offset by appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures. As described above, the applicant has already obtained what is now called a Vermont Wetlands Permit from the state (formerly known as a Conditional Use Determination). The ANR found no undue, adverse impact upon this Class 2 wetland buffer, and required typical erosion control and other protective measures (as proposed) to protect the wetland and its buffer. It also required post -construction certification that the driveway and site work were completed as proposed and approved. The above criteria are similar to the criteria used by the Agency of Natural Resources (ANR) in evaluating the encroachment into a class II wetland, therefore, since the ANR did issue the wetland permit. Staff feels the above criteria are met. Although local approval is also needed, there is nothing in the LDRs that would lead staff toward a different or contradictory outcome. Access to the property must be provided, and the proposed driveway appears to be in the least impactful location possible. Presuming that the DRB follows the state's lead, including similar conditions will add parallel strength to that local approval. Respec lly submitted, Raym nd J. Belair, A nistrative Officer USPS.com® - USPS Tracking"" Page 1 of 2 English Customer Service USPS Mobile Quick Tools Ship a Package Send Mall USPS Tracking' Tracking Number: 70100290000022151589 Product & Tracking Information Postal Product: Features: Certified Mad - Register! Sign In Search USPS com or Track Packages Subr Manage Your Mail Shop Business Solutions EaCustomer Service) Have questions? We're here to help. June 23, 2014, 10:50 am Delivered ESSEX JUNCTION, VT 05452 Your item was delivered at 10 50 am on June 23, 2014 in ESSEX JUNCTION, VT 05452 June 21, 2014 , 9 39 am Sorting Complete ESSEX JUNCTION, VT 05452 June 21, 2014, 7 59 am Business Closed ESSEX JUNCTION, VT 05452 June 21, 2014, 7 19 am Arrival at Unit ESSEX JUNCTION, VT 05452 June 21, 2014, 4 29 am Processed through USPS ESSEX Sort Facility JUNCTION, VT 05452 June 21, 2014, 3 22 am Depart USPS Sort Facility ESSEX JUNCTION, VT 05452 June 20, 2014 11 26 pm Processed through USPS ESSEX Sort Facility JUNCTION, VT 05452 June 20, 2014, 3 42 pm Depart Post Office SOUTH BURLINGTON, VT 05403 June 20, 2014, 2 23 pm Acceptance SOUTH BURLINGTON, VT 05403 Track Another Package What's your tracking (or receipt) number? Track It LEGAL ON USPS.COM ON ABOUT USPS.COM Privacy Policy > Government Services > About USPS Home > Terms of Use > Buy Stamps & Shop > Newsroom, FOIA , Print a Label with Postage , USPS Service Alerts) No FEAR Act EEO Data, Customer Service , Forms & Publications > Delivering Solutions to the Last Mile > Careers > Available Actions Text Updates Email Updates OTHER USPS SITES Business Customer Gateway , Postal Inspectors > Inspector General , Postal Explorer, National Postal Museum , k https://tools.usps.com/golTrackConfinnAction.action?tRef=fullpage&tLc=1 &text28777=... 7/ 14/2014 southburfington PLANNING & ZONING June 20, 2014 Re: #MS-14-05 Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Development Review Board concerning your recent application. Please note the conditions of approval including that a zoning permit must be obtained prior to commencement of your project. If you have any questions, please contact me. S6reaymond l J. Belair Administrative Officer Encl. CERTIFIED MAIL -Return Receipt Requested # 7010 0290 0000 2215 1589 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com J ray From: David Burke <dwburke@olearyburke.com> Sent: Monday, May 12, 2014 5:08 PM To: ray Cc: nc.smith@myfairpoint.net Subject: RE: Placard Ready - 37 Birch Street Ray: Please consider this a "Continuance" request. Let me know the new date (as soon as possible, please) and when the Placard is ready and we won't forget it this time. David From: ray [mailto:ray@sburl.com] Sent: Monday, May 12, 2014 3:58 PM To: David Burke Subject: RE: Placard Ready - 37 Birch Street David, I just realized that the placard was not picked up. In the past when this has happened the Board continues the meeting to allow the applicant to have the required public notice. You are welcome to attend the meeting and try to convince the Board to hear your application anyway, or you can request a continuation and I'll prepare a new placard. What would you like to do? Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sbpathtosustainability.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify its immediately by return email. Thank you for your cooperation. From: David Burke [mailto:dwburke@olearyburke.com] Sent: Tuesday, April 15, 2014 2:14 PM To: ray Cc: nc.smith@myfairpoint.net Subject: RE: Placard Ready - 37 Birch Street Thanks Ray —will do! David From: ray fmailto:ray@sburl.com] Sent: Tuesday, April 15, 2014 2:01 PM To: David Burke Subject: Placard Ready - 37 Birch Street Hi Dave, The above referenced application will be reviewed by the DRB on May 20th. Please stop by the office to pick up the placard which must be displayed on the property by May 9th. Thanks. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sbpathtosustainability.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. f CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 9th day of May _, 20 14, a copy of the foregoing public notice for Misceiianeous Application [type of application] # MS-14-05 [application number], was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section l 7.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) See attached Abutters List Dated at Essex [town/city], Vermont, this 9th day of May _ , 2014 Printed Name: Phone number and email Signature: Date: Peter F. Heil, El, CPESC (802) 878-9990 / pheil@olearyburke.com 519114 Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate ofServlce Form. Rev. 1.1011 Dumont FamilyTrust 37 Birch Street Abutters List 5/9/14 Donald & Ann Irish Jeffrey & Ellen Grimes 33 Birch Street 49 Lilac Lane South Burlington, VT 05403 South Burlington, VT 05403 Gary & Joanne Smith Gordon & Dorothy Wilkins 18 O'Brien Drive 215 Crossfield Drive South Burlington, VT 05403 Colchester, VT 05446 Kent & Jacqueline Stevenson Satyadeep Vajjala 17 O'Brien Drive 59 Lilac Lane South Burlington, VT 05403 South Burlington, VT 05403 South Burlington School District Noni Stuart (c/o John Stewart) 69 Lilac Lane 550 Dorset Street South Burlington, VT 05403 South Burlington, VT 05403 William & Caroline Edmunds Life Estate Timothy Fluck 70 Lilac Lane 17 Lilac Lane South Burlington, VT 05403 South Burlington, VT 05403 Laurie Gagne Andrew Corologos 74 Lilac Lane 23 Lilac Lane South Burlington, VT 05403 South Burlington, VT 05403 Keith & Marjorie Wallace Timothy Voight 75 Lilac Lane 33 Lilac Lane South Burlington, VT 05403 South Burlington, VT 05403 Patricia Myette Sandra Loyer 85 Lilac Lane 34 Lilac Lane, Apt. 2 South Burlington, VT 05403 South Burlington, VT 05403 Christopher Hurd Michael Dupont 91 Lilac Lane 39 Lilac Lane South Burlington, VT 05403 South Burlington, VT 05403 Glen Moody Donna Jacobs 20 Woodcrest Drive 44 Lilac Lane South Burlington, VT 05403 South Burlington, VT 05403 ray From: ray Sent: Tuesday, April 15, 2014 2:02 PM To: 'David Burke' Subject: Placard Ready - 37 Birch Street Hi Dave, The above referenced application will be reviewed by the DRB on May 20th. Please stop by the office to pick up the placard which must be displayed on the property by May 9th. Thanks. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburi.com www.sboathtosustainability.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. ,O ` VERMONT I State of Vermont Department of Environmental Conservation Agency of Natural Resources Drinking Water and Groundwater Protection Division WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT LAWS/REGULATIONS INVOLVED 10 V.S.A. Chapter 64, Potable Water Supply and Wastewater System Permit Wastewater System and Potable Water Supply Rules, Effective September 29, 2007 Chapter 21, Water Supply Rules, Effective December 1, 2010 Landowner(s): Robert Dumont Family Trust Permit Number: WW-4-4198 c/o Norman Smith PIN: EJ14-0070 76 Lincoln Street Essex Jct. VT 05452 This permit affects property identified as Town Tax Parcel ID # South Burlington: 00230-00039 referenced in a deed recorded in Book 358 Page(s)165 of the Land Records in South Burlington, Vermont. This project, consisting of the construction of a duplex on an existing 2.16 acre parcel with three bedrooms each unit, construction of water service line, pump station with grinder pump, and force main connecting into an existing manhole, served by the municipal water supply services and municipal wastewater disposal services located on Birch Street in South Burlington, Vermont, is hereby approved under the requirements of the regulations named above subject to the following conditions. i. GENERAL 1.1 The project shall be completed as shown on the following plans and/or documents prepared by David Burke, Licensed Designer Class B/O'Leary-Burke Civil Associates, with the stamped plans listed as follows: Sheet Number Title Plan Date Plan Revision Date 1 Sewer & Water Plan 1/17/2014 2 Water & Sewer Details 1/17/2014 3/19/2014 1.2 This permit does not relieve the landowner from obtaining all other approvals and permits PRIOR to construction including, but not limited to, those that may be required from the Act 25o District Environmental Commission; the Drinking Water and Groundwater Protection Division; the Watershed Management Division; the Division of Fire Safety; the Vermont Department of Health; the Family Services Division; other State departments; or local officials. 1.3 The conditions of this permit shall run with the land and will be binding upon and enforceable against the landowner and all assigns and successors in interest. The landowner shall record and index this permit in the South Burlington Land Records within thirty, (3o) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 1.4 The landowner shall record and index all required installation certifications and other documents that are required to be filed under these Rules or under a specific permit condition in the South Burlington Land Records and ensure that copies of all certifications are sent to the Secretary. 1.5 No permit issued by the Secretary shall be valid for a substantially completed potable water supply and wastewater system until the Secretary receives a signed and dated certification from a Vermont Licensed Designer (or where allowed, the installer) that states: "7 hereby certify that, in the exercise of my reasonable professional judgment, the installation -related information submitted is true and correct and the potable water supply and wastewater system were installed in accordance with the permitted design and all the permit conditions, were inspected, were properly tested, and have successfully met those performance tests", or which otherwise satisfies the requirements of §1-3o8 and §1-911 of the referenced rules. 1.6 This project is approved for the construction of a duplex with three bedrooms per unit on the existing 2.16 acre lot. Construction of additional nonexempt buildings, including commercial and residential buildings, is not allowed Regional Offices — Barre/EssexJct./Rutland/Springfield/St. Johnsbury Wastewater System and Potable Water St( i Permit W W-4-4198 Page 2 of 3 without prior review and approval by the Drinking Water and Groundwater Protection Division and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. No construction is allowed that will cause non-compliance with an existing permit. 1.7 Each purchaser of any portion of the project shall be shown a copy of the Wastewater System and Potable Water Supply Permit and the stamped plan(s), if applicable, prior to conveyance of any portion of the project to that purchaser. 1.8 By acceptance of this permit, the landowner agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with the Vermont environmental and health statutes and regulations, and permit conditions. 1.9 Any person aggrieved by this permit may appeal to the Environmental Court within 3o days of the date of issuance of this permit in accordance with to V.S.A. Chapter 22o and the Vermont Rules of Environmental Court Proceedings. 2.WATER SUPPLY 2.1 The components of the potable water supply herein -approved shall be routinely and reliably inspected during construction by a Vermont Licensed Designer (or where allowed, the installer) who shall, upon completion and prior to occupancy of the associated building, report in writing to the Drinking Water and Groundwater Protection Division that the installation was accomplished in accordance with the referenced plans and permit conditions, as specifically directed in Condition #1.5 herein. 2.2 This project is approved for connection to the water supply system owned by the City of South Burlington for a maximum of 810 gallons of water per day. 2.3 The landowner shall install and maintain backflow prevention devices that conform to Vermont Department of Public Safety standards and NFPA'13 for any connection of a sprinkler fire suppression system to a public drinking water system. 2.4 This permit is based, in part, on a municipal approval for connection to their water distribution system. If the municipal approval expires, this permit shall be invalid unless the municipality renews its approval: If the municipality approval expires, a new permit must be issued for the project. An updated application form and an application fee will be required for the project. A new municipal approval letter shall be required. The rules in effect at the time of the filing of the application for a new permit will be applied to the project. &WASTEWATER DISPOSAL 3.1 The components of the sanitary wastewater system herein approved shall be routinely and reliably inspected during construction by a Vermont Licensed Designer (or where allowed, the installer) who shall, upon completion and prior to occupancy of the associated building, report in writing to the Drinking Water and Groundwater Protection Division that the installation was accomplished in accordance with the referenced plans and permit conditions, as specifically directed in Condition #1.5 herein. 3.2 This project is approved for connection to the City of South Burlington wastewater treatment facility as depicted on the plan(s) stamped by the Drinking Water and Groundwater Protection Division. The project is approved for a maximum of 420 gallons of wastewater per day. Wastewater System and Potable Water ,54' i Permit W W-4-4198 Page 3 of 3 3.3 This permit is based, in part, on a municipal approval for connection to their wastewater treatment facility. If the municipal approval expires, this permit shall be invalid unless the municipality renews its approval. If the municipality approval expires, a new permit must be issued for the project. An updated application form and an application fee will be required for the project. A new municipal approval letter shall be required if the project is served by the municipal wastewater collection system. The rules in effect at the time of the filing of the application for a new permit will be applied to the project. David K. Mears, Commissioner Department of Environmental (Conservation By VV Dated March 24, 2014 Jess ne Wyman, Regiona ngineer Essex Regional Office Drinking Water and Groundwater Protection Division cc South Burlington Planning Commission David Burke Department of Public Safety, Division of Fire Safety RON .A', southhurling,lon PLANNING & ZONING Permit # k- / - d� c uus only) CONDITIONAL USE / VARIANCE / MISCELLANEOUS APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Type of application (check one): ❑ Request for a conditional use ❑ Request for a variance ✓� Other 1) OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone & fax #): Robert Dumont Family Trust (attn: Norm Smith, Atty.) P.O. Box #24 Essex Jct., VT 05453 ph:879-0407; fax: 879-9640 2) LOCATION OF LAST RECORDED DEED (book & page #) V. 358, Page 165 3) APPLICANT (name, mailing address, phone, fax #) Same as Owner 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax #, if different from above): David Burke; O'Leary -Burke Civil Associates, PLC. 1 Corporate Dr.. Suite #1 Essex Jct., VT 05452 ph: 878-9990: fax: 878-9989 a. Contact e-mail address: dwburke@olearyburke.com 575 Dorset Street South Burlington, VT 05403 tel 802 846.4106 fax 802 846 4101 www sburl.com 5) PROJECT STREET ADDRESS: & `' % 1 61M 6) TAX PARCEL ID #: 00230-00039 7) PROJECT DESCRIPTION a. General Project Description (describe what you are proposing): Allowed Duplex on existing lot with municipal water and sewer to Birch Street and driveway access from Birch Street. Said access requires minimal Class 2 wetland buffer impact, which has already received a Wetlands Permit from the State of Vermont (attached). b. Existing Uses on Property (including description and size of each separate use): None c. Proposed Uses on Property (include description and size of each new use and existing uses to remain): Proposed 56' wide (28' each) x 48' deep duplex (N/A; allowed use with Building Permit). The only use applicable to this application is the small portion of the driveway, water service, retaining wall and fill slope which pose 1,406 s.f. (0.032 ac.) of wetland buffer impact. d. Total building square footage on property (proposed buildings & existing building to remain): N/A to this application. e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement & mezzanine): N/A to this application. f. Number of residential Units (if applicable, new units & existing units to remain): /A, to this application. g. Number of employees & company vehicles (existing & proposed, note office vs. non -office employees): N/A. h. Other (list any other information pertinent to this application not specifically requested above, please note if overlay districts are applicable): N/A Conditional Use / Variance / Miscellaneous Application Form Rev_ 12-2011 8) LOT COVERAGE a. Total parcel size: 2.16 Acres Sq. Ft. b. Buildings: Existing N/A % / Sq. Ft Proposed @ Bldg. Pmt % / Sq. Ft. c. Overall impervious coverage (building, parking, outside storage, etc) Existing N/A % / Sq. Ft. Proposed Bldg. Pmt % / Sq. Ft. d. Front yard impervious coverage (building, parking, outside storage, etc) Existing N/A % / Sq. Ft. Proposed Bldg. Pmt. % / Sq. Ft. e. Total area to be disturbed during construction: 12,000 Sq. Ft. * * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9) COST ESTIMATES a. Building (including interior renovations): $At Building Permit b. Landscaping $ At Building Permit c. Other site improvements (please list with cost): N/A; See Site Plan 10) ESTIMATED TRAFFIC: a. P.M. Peak hour for entire property (in and out): N/A; to this application 11) PEAK HOURS OF OPERATION N/A 12) PEAK DAYS OF OPERATION N/A 13) ESTIMATED PROJECT COMPLETION DATE 2014 Construction Season 14) PLANS AND FEE Plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (11 " x 17"), and one digital (PDF-format) copy of the plans must be submitted. A ubdivision application fee shall be aid to the City at the time rrvl �^w ��'�- r�/ l 3 Conditional Use / Vanance / Miscellaneous Application Form Rev 12-2011 of submitting the application. See the City fee schedule for details. NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. rw SIGN TURE OF APPLICANT Norman Smith, Duly Authorized Agent I ( SIGNATURE 6F PROPERTY OWNER PRINT NAME Do not write below this line DATE OF SUBMISSION: 1 have reviewed this application and find it to be: 2 /COMPLETE ❑ Incomplete The applicant or permittee retains the obligation to iclenti,, apply for, and obtain relevant state permits for thisproject. Call (802) 879-5676 to speak with the regional Permit Specialist. Conditional Use/ Variance /Miscellaneous Application Form. Rev. 12-2011 O'Leary -Burke Civil Associates, PLC .i . CIVIL ENGINEERING I REGULATORY AND PERMIT PREPARATION I LAND SURVEYING j CONSTRUCTION SERVICES I LAND USE PLANNING April 11, 2014 2 , Mr. Ray BeLair Zoning Administrator 575 Dorset Street South Burlington, VT 05403 RE: O'Brien Drive (Parcel ID #00230-00039) Dear Ray: We are writing on behalf of Robert Dumont Trust (attn. Norm Smith, Atty.) as a follow- up to our April 10, 2014 telephone conversation regarding the need for DRB approval of the proposed Class 2 wetland / buffer impact on the above referenced parcel. We understand upon the DRB's concurrence with the recently issued Wetlands Permit (no longer called Conditional Use Permit), approval would be granted. Following the same, the Duplex on the existing lot, only triggers the requirement for a Building Permit. Therefore, we understand that this application and review will be limited to the wetland / buffer. Per Section 12.02 Westland Protection Standards and Review Procedures of the Land Development Regulations, please find the following responses: 12.02 A. Purpose: The minimal proposed buffer impact meets the purpose statement. 12.02 B. Comprehensive Plan: The proposal does not conflict with the Comprehensive Plan. 12.02 C. Wetlands Map and Applicability of Standards: (1) Per the attached plan the wetland limits were field verified by Danielle Owczarski of the State of Vermont, Wetlands Division; (2) N/A, the wetlands were field identified / verified; 12.02 D. Submittal and Review of Field Delineation and Wetlands Report: (1) Per the attached plan the wetland limits were field verified by Danielle Owczarski of the State of Vermont, Wetlands Division; (2) Please see Attachment #2 for State of Vermont Wetland Permit for the proposed buffer impact; (3) Encroachment: (a) The minor buffer impact is well above the elevation of the wetland and poses no affect on the ability of the property to carry or store flood waters; 1 CORPORATE DRIVE SUITE #1 ESSEX JUNCTION VERMONT 05452 TEL 802 878 9990 j FAX 802 878 9989 1 obca@olearyburke com Mr. Ray BeLair Zoning Administrator 575 Dorset Street South Burlington, VT 05403 RE: O'Brien Drive (Parcel ID #00230-00039) Dear Ray: We are writing on behalf of Robert Dumont Trust (attn. Norm Smith, Atty.) as a follow- up to our April 10, 2014 telephone conversation regarding the need for DRB approval of the proposed Class 2 wetland / buffer impact on the above referenced parcel. We understand upon the DRB's concurrence with the recently issued Wetlands Permit (no longer called Conditional Use Permit), approval would be granted. Following the same, the Duplex on the existing lot, only triggers the requirement for a Building Permit. Therefore, we understand that this application and review will be limited to the wetland / buffer. Per Section 12.02 Westland Protection Standards and Review Procedures of the Land Development Regulations, please find the following responses: 12.02 A. Purpose: The minimal proposed buffer impact meets the purpose statement. 12.02 B. Comprehensive Plan: The proposal does not conflict with the Comprehensive Plan. 12.02 C. Wetlands Map and Applicability of Standards: (1) Per the attached plan the wetland limits were field verified by Danielle Owczarski of the State of Vermont, Wetlands Division; (2) N/A, the wetlands were field identified / verified; 12.02 D. Submittal and Review of Field Delineation and Wetlands Report: (1) Per the attached plan the wetland limits were field verified by Danielle Owczarski of the State of Vermont, Wetlands Division; (2) Please see Attachment #2 for State of Vermont Wetland Permit for the proposed buffer impact; (3) Encroachment: (a) The minor buffer impact is well above the elevation of the wetland and poses no affect on the ability of the property to carry or store flood waters; 1 CORPORATE DRIVE SUITE #1 ESSEX JUNCTION VERMONT 05452 TEL 802 878 9990 j FAX 802 878 9989 1 obca@olearyburke com CI Mr. Ray BeLair April 11, 2014 Page 2 (b) The minor buffer impact will not create sedimentation, rather it will stabilize an eroding bank and reduce sedimentation to the downslope wetland; (c) Please see attachments #1 and #2. The proposed minor wetland buffer impact will not impact wetland functions and values. As discussed, please find the following attachments: 1. Application (Other); 2. $123 application fee; 3. Wetland submittal to State of Vermont (Attachment #1); 4. Wetlands Permit (Attachment #2); 5. Three (3) full size copies of Site Plan; 6. One (1) 11" x 17" copy of Site Plan; 7. PDF (e-mailed) of Site Plan. Please let us know once scheduled with the DRB. In the meantime, if you have any questions, call. Sincerely, David W. Burke Enc. cc: Norm Smith . Y ERMONT Vermont Department of Environmental Conservation Watershed Management Division One National Life Drive, Main Building, end Floor Montpelier, VP 05602-3522 Agency of Natural Resources Phone: 802-49o-6ioo Fax: 802-828-1544 Notice of Issuance of General Wetland Permit #2013-278 Please be notified, as per Section 9.4 of the Vermont Wetland Rules that the request for a General Wetlands Permit received from the Robert Durmont Family Trust c/o Norm Smith, Atty., was approved on this 9th day of April, 2014. The approved proposal is to construct sections of driveway and to bury a utility line for a proposed duplex to impact 0 square feet of Class II wetland and 1406 square feet of Class II wetland buffer zone. It was found by the Agency of Natural Resources that this conditional use will not result in any undue, adverse effects to the protected functions of the significant wetland located at the south end of birch Street in Burlington, Vermont. Complete copies of the decision can be obtained by writing to the address below, or by clicking on the following link: http://www.watershedmanagement. vt. gov/cfm/notices/info.cfm?id=4430 . Any person with an interest in this matter can appeal this decision pursuant to 10 V.S.A. Section 8504. Pursuant to 10 V.S.A. Chapter 220, any appeal of this decision must be filed with the clerk of the Environmental Court within 30 days of the date of the decision. The appellant must attach the Notice of Appeal and the appropriate entry fee, payable to the State of Vermont. The Notice of Appeal must specify the parties taking the appeal and the statutory provision under which each party claims party status; must designate the act or decision appealed from; must name the Environmental Court; and must be signed by the appellant or their attorney. In addition, the appeal must give the address or location and description of the property, project or facility with which the appeal is concerned and the name of the applicant or any permits involved in the appeal. The appellant must also serve a copy of the Notice of Appeal in accordance with Rule 5(b)(4)(B) of the Vermont Rules for Environmental Court Proceedings. For further information, see the Vermont Rules for Environmental Court Proceedings, available on line at www.vermontjudiciarorg. The address for the Environmental Court is 2418 Airport Road, Suite 1, Barre, VT 05641 (Tel. # 802-828-1660). Laura Lapierre Wetland Program Manager Watershed Management Division Department of Environmental Conservation One National Life Drive Main Building, 2nd Floor Montpelier, Vermont 05620-3522 cc: Distribution list To preserve, enhance, restore, and conserve Vermont's natural resources, and protect human health, for the benefit of this and future generations. Vermont Wetr id Permit Application/Deter rination Petition ///,; �'� / QUESTION INSTRUCTIONS AND APPLICANT ANSWER STAFF NOTE 1. Applicant If the applicant is someone other than the landowner, the landowner information must also be included below. 1.1. Applicant Name Robert Dumont Family Trust, c/o Norm Smith, Atty. 1.2. Applicant Address 76 Lincoln Street, Essex Junction, VT 05452 1.3. Applicant Phone (802) 288-9088 Number 1.4. Applicant Email nc.smith@myfairpoint.net 1.5. Applicant Signature By signing this application you are certifying that all the information (original signature required) contained within is true, accurate, and complete to the best of your knowledge. Date: X 2. Representative Consultant, engineer, or other representative that is responsible for filling out this application, if other than the applicant or landowner 2.1. Representative Name Jeffrey Severson, Principal Ecologist, Oakledge Environmental Services, Inc. 2.2. Representative Address P.O. Box 4065, Burlington, Vermont 05406 2.3. Representative Phone 802-660-8312 Number 2.4. Applicant Email jeff.severson@burlingtontelecom.net 2.5. Representative By signing this application you are certifying that all the information Signature contained within is true, accurate, and complete to the best of your (original signature required) knowledge. Date: X 3. Landowner Landowner must sign the application. Use this space if landowner is different from the applicant 3.1. Landowner Name Same as Applicant 3.2. Landowner Address 3.3. Landowner Phone Number 3.4. Landowner Email 3.5. Landowner Easement Attach copies of any easements, agreements or other documents conveying permission, and agreement with the landowner stating who will be responsible for meeting the terms and conditions of the permit. List the attachment for this information in this section. 3.6. Landowner Signature By signing this application you are certifying that all the information (original signature required) contained within is true, accurate, and complete to the best of your knowledge. Date: X VWP Application 7/1/2012 Paqe 2 4. Location of Wetland and Location description should include the road the wetland is located on, the Project compass direction of the wetland in relation to the road, 911 street address if available, and any other distinguishing geographic features. Most of the wetland complex is located in the floodplain of an extensive section of Potash Brook in south Burlington, VT. The wetland complex extends southwestward along Potash Brook from Kennedy Drive, near its intersection with Williston Road (Route 2), to Dorset Street, south of its intersection with Kennedy Drive. The wetland complex extends northward along a tributary drainage towards the project site located at the south end of Birch Street (see attached Project Location Map). 5. Site Visit Date and Date of visit with District List people present for site visits including Attendees Wetlands Ecologist Ecologist, landowner, and representatives. 12-9-13 Danielle Owszarski, David Burke 6. Wetland Classification The wetland is a Class II wetland because (Choose one): The wetland is contiguous to a VSWI mapped wetland Answer the following questions regarding the entire wetland or wetland 7. Description of Entire Wetland complex. A wetland complex is generally defined as two or more wetland or Wetland Complex types that are contiguous and interrelated. Specific questions about the wetland in the project area will follow. 7.1. Size of Wetland Can be obtained from the Environmental Interest Locator Map for mapped Complex in Acres wetlands The wetland complex is approximately 50 acres, based on a review of the Environmental Interest Locator Map, an examination of aerial imagery, and a field inspection of a section of the wetland. 7.2. Natural Community List all wetland types in the wetland or wetland complex and their abundance Types Present or relative abundance. For example: 50 acres of softwood forested swamp; or 30% scrub swamp, 70% emergent wetland 80 percent emergent wetland, 10 percent ponded/deepwater marsh; 5 percent hardwood forested swamp, 5 percent shrub swamp. 7.3. Landscape Position Where is the wetland located on the landscape? Examples: bottom of a basin, edge of a stream, shore of a lake, etc. The wetland complex is generally located in the floodplains of Potash Brook and tributary drainages, and in adjacent areas where roads and other topographic features constrict wetland outlets. 7.4. Wetland Hydrology Describe the main source of wetland hydrology for the wetland complex. List any river, streams, lakes and ponds. The main sources of wetland hydrology are a combination of groundwater discharge, storm runoff, ponding due to a series of man-made constrictions, and regular flooding along Potash Brook. Include answers to the following where appropriate: 7.4.1. Direction of flow For example: stream flows from north to south through the wetland complex. Potash Brook flows from northeast to southwest through the wetland complex. 7.4.2. Influence of For example: The river provides flood water to the wetland in the spring. hydrology on The wetland complex is generally located in the floodplains of Potash Brook wetland complex and tributary drainages, and in adjacent areas where roads and other VWP Application 7/1/2012 Paoe 3 topographic features constrict wetland outlets. The wetland receives year- round contributions from groundwater discharge, surface runoff, and storm runoff from the municipal system, at varying levels. Potash Brook floods regularly into the floodplain wetland complex, and portions of the floodplain are permanently ponded due to roads and other man-made constrictions. 7.4.3. Relation to the Distance between the project area and any nearby surface waters, project area The driveway retaining wall will be approximately 20 feet from the outlet of the storm outfall slated for restoration. 7.4.4. Hydroperiod Discuss frequency and duration of flooding, ponding, and/or soil saturation. Most of the wetland complex in the Potash Brook floodplain remains ponded and saturated year-round. Flooding appears to occur seasonally along the unnamed tributary that extends northward towards the subject property. 7.5. Surrounding Landuse of For example: rural residential and forested; agricultural and undeveloped, the Wetland Complex Urban residential, commercial, roads, and forests. 7.6. Relation to Other Provide any information on wetlands or wetland complexes that are close Nearby Wetlands enough to contribute to the overall function of the wetland in question. Several other wetland complexes along Potash Brook, its tributaries, and headwater areas contribute to many of the functions of the overall wetland complex in question. For example other wetlands located in the Potash Brook Floodplain upstream and downstream from the wetland complex in question make significant contributions to water storage for floodwater and storm runoff, surface water protection, and erosion control. 7.7. Pre -project Cumulative Identify any cumulative ongoing impacts outside of the project that may Impacts to the Wetland influence the wetland. Examples include but are not limited to wetland encroachments off the subject property, land management in or surrounding the wetland, or development that influences hydrology or water quality. The wetland is impacted by urban runoff, including stormwater routed into the wetland by municipal storm outfalls, fragmentation from roads and other man-made features, and residential and commercial encroachment. Subject Wetland is defined as the area of wetland in the project area, but not limited to the portion of the wetland to be directly impacted by the project. 8. Description of Subject For the purposes of this application, the subject wetland should encompass Wetland any portion of the larger wetland or wetland complex that could be directly or indirectly impacted by the project, as defined by hydrology, vegetation and/or physical characteristics. 8.1. Context of Subject Describe where the subject wetland is in the context of the larger wetland or Wetland wetland complex described above. The project will not impact any wetlands. The nearest wetland is located in the floodplain of the unnamed tributary stream that arises at the existing storm outfall in the northeast corner of the subject property, in the location shown on the Site Plan (Sheet 1). 8.2. Wetland Landuse For example: mowed lawn; old field; naturally vegetated. Describe any previous and ongoing disturbance in the subject wetland. The tip of the floodplain wetland at the existing storm outfall receives storm runoff and is used for brush and woody debris disposal which is tossed over the banks. VWP Application 7/1/2012 Paqe 4 8.3. Wetland Vegetation List dominant wetland community type and associated dominant plant species. The forested wetland near the project site is characterized by species such as Tsuga canadensis, Acer rubrum, Betula alleghaniensis, and Osmunda cinnamomea. 8.4. Wetland Soils Use USDA NRCS information where possible and use the ACOE Delineation Manual soil description Wetland soils are mapped as Enosburg and Whately soils by the NRCS. Use descriptions from the ACOE Delineation Manual. 8.5. Wetland Hydrology The wetland downgradient from the storm outfall nearest the project area is characterized by a seasonal to permanent soil saturation. 8.6. Buffer Zone Describe the buffer zone of the subject wetland including: 8.6.1. General landuse For example: mowed road shoulder; forested; old field; paved road and residential lawns etc. Describe any previous and ongoing disturbance in the buffer zone. The buffer zone consists of steep, forested/partially open slopes in the vicinity of existing storm outfall. A heavily -used walking trail runs along the proposed driveway route. 8.6.2. Buffer vegetation List community type and dominant plant species The partially -forested buffer zone near the project site is characterized by the urban fringe of a Hemlock Forest community,with a few Tsuga canadensis and Pinus strobus trees, along with a large Prunus virginia tree, in the canopy. 8.6.3. Buffer soils Use USDA NRCS information where possible, and the ACOE Delineation Manual soil description Buffer soils are mapped as Adams and Windsor loamy sands by the NRCS. 9. Wetland Determination If the application involves a wetland determination please answer the following. If not, skip to Section 10. 9.1. Reason for Petition Please choose one from the dropdown menu: Add a Section 4.6 presumed wetland to the VSWI ma 9.2. Previous Decisions Please list all determinations and decisions, if any, issued by the Secretary, Panel or former Water Resources Board, pertaining to the wetland or buffer at issue: 9.3. Narrative Please provide any narrative to support the petition for a wetland determination here. This section is not required for petitions to add a Section 4.6 presumed wetland to the VSWI map, but is required for all other petitions. If the application is only for a Wetland Determination only, skip to Section 13 VWP Application 7/1/2012 Pape 5 10. Project Description 10.1.Overall Project Description of the project. For example: six -lot residential subdivision; expansion of an existing commercial building, access drive to a single family residence. Access drive and buried utility for a proposed residential duplex. 10.2. Project Purpose For example: To construct a residential subdivision, upgrade existing road to improve access, extend a trail system The project purpose is to construct sections of a driveway and buried utility for a proposed residential duplex. 10.3.Acres Owned by Acreage of subject property. Applicant ±2.16 acres 10A.Acres Involved in the Acreage of area involved in the project. Project ±2.16 acres 11. Project Details Provide details regarding specific impacts to the wetland and buffer zone 11.1.Specific Impacts to List portions of the project that will specifically impact the wetland or buffer Wetland and Buffer zone. Zone No wetland impacts are proposed. A portion of an ±80-foot section of the driveway and associated block retaining wall and fill are located in the buffer zone along with a relatively narrow strip of land near the top of slope that will require grading near the edge of the proposed lawn to tie the elevation of the southen end of the retaining wall to the natural slope contours, as shown in plan view on the Site Plan. A ±50-foot section of a buried 1-inch diameter copper water line for the duplex will be installed within the driveway footprint. 11.2. Dimension Details Square footage of buildings, dimension of roads including fill footprint. The total length of the shared driveway is approximately 140 feet, of which an approximately 80-ft. long section partially in the fringe of wetland buffer. The driveway surface is approximately 16-feet wide, and the total buffer impact, including a proposed retention wall and associated grading, is 1,406 SF. No buildings or roads will be located in the wetland or buffer zone. Permanent access and temporary construction access to the site will be via the proposed driveway route. See attached Site Plan. 11.3. Bridges and Culverts Culvert circumference, length, placement and shapes, or bridge details. The project will not include any culverts or bridges. 11.4.Construction Sequence Describe any details pertaining to the worked planned in the wetland and buffer in terms of sequence or phasing that is relevant A concrete retaining wall will be installed along the western side of a section of the driveway as shown in the Gravity Block Retaining Wall Detail included on the Site Plan. The retaining wall be constructed atop a six-inch gravel base. The driveway will be backfilled with an approved rock -free backfill that is thoroughly compacted in six-inch lifts. The driveway surface will consist of a 12-inch base of crushed run gravel overlain with a 2-inch layer of concrete pavement. The driveway will be sloped away from the wetland and wetland buffer and will route storm runoff to a stone -fined infiltration trench that will be constructed in the location shown on the Site Plan. Final grades will be VWP Application 7/1/2012 11.5.Stormwater Design Page 6 estalished after the driveway is installed. A narrow strip of land within the buffer zone near the top of slope will require grading to tie the elevation of the southern end of the retaining to the natural slope contours (See project plan view on the Site Plan). Seeding, mulching and other soil stabilization measures will be completed per the Erosion Control and Landscaping Specifications included on the Site Plan. One step of an existing stone stormwater outfall located in the northeast corner of the parcel will be restored in conjunction with the driveway construction, in accordance with the specifications shown in the Storm Outfall Detail on the Site Plan. List any stormwater permits obtained or applied for. Describe any stormwater and/or erosion controls proposed to prevent discharges to the wetland and buffer zone. A stormwater permit is not required for the project. Erosion control and landscaping specifications, and temporary silt fence and stabilized construction entrance details are included on the Site Plan. Details for a permanent stone -lined infiltration trench along the eastern side of the driveway and a permanent stone outfall detail for the outfall restoration are also included on the Site Plan. 11.6. Permanent Describe any plantings, fencing, signage, or other memorialization that Demarcation of Limits provides permanent on -the -ground boundaries for the limits of disturbance of Impact for ongoing uses. 12. Wetland and Buffer Zone Impacts 12.1.Wetland Impacts 12.2.Buffer Zone Impacts The limits of disturbance for ongoing uses associated with the project will be defined by a split rail fence, which will be installed in the location shown on the Site Plan. The split rail fence will follow the fill limits and 50-foot wetland buffer zone boundary southward from the south end of the retaining wall along the driveway, then eastward, to the eastern property boundary. Summarize the square footage of impact in the appropriate category. If more than one wetland is impacted, provide that information and use the supplemental wetland sheets. Totals Wetland Fill 0 s.f. Temporary Wetland Impact 0 s.f. Other Permanent Wetland Impact 0 s.f. Describe in detail the proposed impact. The project will not impact any wetlands. Summarize the square footage of impact in the appropriate category. If more than one wetland is impacted, provide that information and use the supplemental wetland sheets. Totals Temporary Buffer Impact 1,406 s.f. Permanent Buffer Impact 0 s.f. VWP Application 7/1/2012 Page 7 ` 12.3.Cumulative Impacts 12A.Avoidance and Minimization 12.4.1. Avoidance 12.4.2. Minimization in detail the proposed impact. A section of the duplex driveway and adjacent grading at the top of slope will impact the buffer zone in the location indicated by gray shading on the Site Plan. A concrete retaining wall will be installed along the western side of a section of the driveway as shown in the Gravity Block Retaining Wall Detail included on the Site Plan. The retaining wall be constructed atop a six-inch gravel base. The driveway will be backfilled with an approved rock -free backfill that is thoroughly compacted in six-inch lifts. The driveway surface will consist of a 12-inch base of crushed run gravel overlain with a 2-inch layer of concrete pavement. The driveway will be sloped away from the wetland and wetland buffer and will route storm runoff to a stone -lined infiltration trench that will be constructed in the location shown on the Site Plan. A narrow strip of land within the buffer zone near the top of slope will require grading to tie the elevation of the southern end of the retaining to the natural slope contours (See project plan view on the Site Plan). List any potential cumulative or ongoing, direct and indirect impacts on the functions of the wetland that could result from the proposed project. The duplex and driveway will potentially displace and reduce some foot traffic and dog -walking activity along a pedestrian trail that currently extends southwesterly through the woods, partially within the wetland buffer, on the south side of the project site. The trail currently extends southward along the proposed driveway route from the southern end of Birch Street and eventually connects to a trail network located on South Burlington School District property. The project will decrease erosion and improve water quality in the unnamed tributary to Potash Brook that arises from two storm outfalls on the subject property. The project will incorporate one step of outfall restoration at the outlet of an existing stormwater outfall in the northeast corner of the subject property. A Storm Outfall Detail and location in plan view are shown on the Site Plan. Please refer to Section 9.5b of the rules on Mitigation Sequencing for this section. Can the proposed activity be practicably located outside the wetland/buffer zone, or on another site owned or controlled by the applicant or reasonably available to satisfy the basic project purpose? If not, indicate why. This answer should include any examination of alternatives that you have explored including using other properties, requesting easements, and altering the project design. All project elements will be located outside the wetland and buffer zone apart from a 1,406 SF section of the driveway for the proposed duplex, and a 50- foot section of the waterline for the duplex, which will be located in the buffer zone. There is no other practicable location for access to the duplex site that would entirely avoid wetland and buffer zone impacts, as demonstrated by the Site Plan for the project. A minimum 10-foot separation distance is required between the water and sewer lines, which requires a 50-foot section of the water line to be located in the buffer within the driveway footprint. If the proposed activity cannot practicably be located outside the wetland/buffer zone, have all practicable measures have been taken to avoid adverse impacts on protected functions? Please include any information on on -site alternatives that have been examined; minimizing the size and scope of the project to avoid impacts; or relocating portions of the project to avoid impacts VWP Application 7/1/2012 Paoe 8 The project has been designed to avoid adverse impacts to protected wetland functions. The project has been designed to restrict wetland an buffer zone impacts to a single, relatively small section of the driveway and buried utility line near the margin of the buffer zone. A retaining wall will be constructed along the west side of the driveway to minimize impacts to the wetland buffer. The driveway will slope away from the wetland and buffer zone, and will route runoff eastward towards a storm infiltration ditch for treatment (see Site Plan for Stone Infiltration Detail and location in plan view). The driveway will be built with a 16-foot wide driving surface, which represents the minimum width necessary for emergency vehicle access. The building envelope for the duplex and yard is limited to an area outside of the wetland buffer, and will be permanently monumented with a split rail fence, as shown on the Site Plan. The duplex has been designed to include a walk -out to the back of the unit on the ground floor to minimize grading outside of the wetland buffer (Six feet of fill would be required if the walk -out were eliminated). 12.4.3. Mitigation If avoidance of adverse effects on protected functions cannot be practically achieved, has the proposed activity has been planned to minimize adverse impacts on the protected functions and a plan has been developed for the prompt restoration of any adverse impacts on protected functions? Include any information on best management practices to be used for the project both for the initial construction and ongoing use. Also include any proposed restoration of temporary impacts, previously disturbed wetland or buffer zones or proposed conservation that are being used to offset the proposed impacts. The project has been designed to avoid adverse effects on protected wetland functions. As noted, the project will not impact any wetlands and has only a small footprint in a section of the buffer locateed away from the wetland. Erosion control and landscaping specifications, and temporary silt fence and stabilized construction entrance details are included on the Site Plan. Details for a permanent stone -lined infiltration trench along the eastern side of the driveway and a permanent stone outfall detail for the outfall restoration are also included on the Site Plan. One step of an existing stone stormwater outfall located in the northeast corner of the parcel will be restored in conjunction with the driveway construction, in accordance with the specifications shown in the Storm Outfall Detail on the Site Plan. The restoration of one step of the outfall will allow the contractors to construct the stone outfall from above, and avoid cutting trees on the steep slopes in the buffer zone to move equipment closer to the base of slope. 12.4.4. Compensation Please refer to Section 9.5c of the rules for compensation, which is appropriate when the project will result in an undue adverse impact. If compensation is proposed please include a summary here. Compensation is not proposed for this project under the Vermont Wetland Rules, as the project will not result in an undue adverse impact to significant wetland functions and values. 13. Supporting materials Where appropriate list the accompanying material by title, author, date and last revision date. Submit these documents and plans with the application. VWP Application 7/1/2012 Paoe 9 13.1. Location map Provide a project location map that is 8 Y2" x 11' and reproducible in black and white. An Environmental Interest Locator Map is appropriate using the USGS topography map base layer, roads, and VSWI wetlands at minimum. See attached project location map 13.2. Site Plans List by title, author, date and last revision date. Plans should include wetland delineation and buffer zones, limits of disturbance, erosion controls, building envelopes and permanent memorialization. Site Plan (Sheet 1); O'Leary -Burke Civil Associates, PLC; date and last revision: 1/17/14 13.3.ACOE Delineation List by author, location, and date. Required only for Individual Permits. Forms 13.4.Other Supporting Provide any other documentation that supports the application. List Documents photographs; easements; agreements; may include a GIS-compatible wetland submittal for determinations; etc. 13.5. List of Abutters Attach list of names and mailing addresses or submit as word mailing (Neighbors with land document. adjoining wetland or n/f Robert Dumont, 73 Philo Road West, Elmira, NY14903-9756 buffer zone) n/f Michael and April Richards -Bradt, 16 Woodcrest Drive, South Burlington, VT 05403 n/f Penders Family Revocable Trust, 18 Woodcrest Drive, South Burlington, VT 05403 n/f Glenn and Ann Moody, 20 Woodcrest Drive, South Burlington, VT 05403 n/f Stephanie Smith, 24 Woodcrest Drive, South Burlington, VT 05403 n/f South BurlingtonSchool District, Attn: David Young, Superintendent, 550 Dorset Street, South Burlington, VT 05403 n/f Timothy Fluck, 17 Lilac Lane, South Burlington, VT 05403 n/f Andrew Corologos, 23 Lilac Lane, South Burlington, VT 05403 n/f Timothy Voight, 33 Lilac Lane, South Burlington, VT 05403 n/f Sandra Loyer, 34 Lilac Lane, Apartment #2, South Burlington, VT 05403 n/f Michael Dupont, 39 Lilac Lane, South Burlington, VT 05403 n/f Donna Jacobs, 44 Lilac Lane, South Burlington, VT 05403 n/f Jeffrey and Ellen Grimes, 49 Lilac Lane, South Burlington, VT 05403 n/f Satyadeep Vajjala, 59 Lilac Lane, South Burlington, VT 05403 n/f Noni Stuart, 69 Lilac Lane, South Burlington, VT 05403 n/f William and Caroline Edmunds Life Estate, 70 Lilac Lane, South Burlington, VT 05403 n/f Laurie Gagne, 74 Lilac Lane, South Burlington, VT 05403 n/f Keith and Marjorie Wallace, 75 Lilac Lane, South Burlington, VT 05403 n/f Patricia Myette, 85 Lilac Lane, South Burlington, VT 05403 n/f Christopher Hurd, 91 Lilac Lane, South Burlington, VT 05403 13.5.1. Newspaper If choosing the option to fulfill the notice requirement with a newspaper Notification notice, list the newspaper to be used here. A list of names and addresses for immediately adjacent landowners (500 foot radius) of the project area is required for the List of Abutters. ***NOTE: The applicant will be billed directly by the newspaper you list here. Use of newspaper notification may extend the notice period, depending on when the notice posts in the newspaper. VWP Application 7/1/2012 Paae 10 Wetland Function Summary: (if more than one wetland use supplemental wetland sheets Functions Subject Wetland Functions Subject Wetland & Values Wetland Complex & Values Wetland Complex Flood/Storm Storage El ® RTE Species El El 14. Check Which Functions are Surface & El ® Education & El Present in the Subject Wetland and in the Wetland Protection Research Complex. Fish Habitat ❑ ® Recreation/ ❑ Economic Wildlife Habitat ❑ ® Open Space/ Aesthetics ❑ Exemplary ❑ ❑ Erosion ElNatural Community Control If applying for an Individual Vermont Wetland Permit or Determination, please proceed to number 16 and answer the remaining application questions. 15. Coverage under Vermont If applying for Coverage under the Vermont General General Wetland Permit Wetland Permit, please complete question 15.1 prior to submitting application. 15.1.VWP Vermont General If applying for coverage under the Vermont General Wetland Permit, please Permit eligibility verify the following to complete the application: checklist ®The activity qualifies as an eligible activity for coverage under the Vermont General Wetland Permit ®The proposed project will meet the conditions applicable to the proposed project in the Vermont Wetland General Permit ®The activity does not qualify as an Allowed Use under Section 6 of the Vermont Wetland Rules. ®The activity will not result in an undue adverse impact on protected wetland functions and values, nor does it need additional conditions to protect functions and values. ® All impacts have been avoided and minimized to the greatest extent possible. ®The wetland complex is not significant for Function 5.5 Exemplary Wetland Natural Community or 5.6 Rare, Threatened and Endangered Species Habitat. ®The activity is not located in or adjacent to a vernal pool, fen, or bog. ®The wetland is not at or above 2,500' in elevation (headwaters wetland). ®The project is not located in a Class I wetland or associated buffer zone. ®The activity is not an as -built project that constitutes a violation of the Vermont Wetland Rules. Stop here if applying for Coverage under the Vermont General Wetland Permit VWP Application 7/1/2012 Page 11 Complete the following Functions and Values checklist if applying for an Individual Wetland Permit and/or a Wetland Determination Functions and Values For each Function and Value, first evaluate the entire wetland or wetland complex and check all that apply. Secondly, evaluate how the wetland in the project area contributes to that function. Thirdly explain how the project will not result in adverse impacts to this function. Include any information on specific avoidance and minimization measures. If more than one wetland complex is involved, use the Supplemental Wetland Forms. 16. Storage for Flood Water and ❑ Function is present and likely to be significant: Any of the Storm Runoff following physical and vegetative characteristics indicate the wetland provides this function. ❑ Constricted outlet or no outlet and an unconstricted inlet. ❑ Physical space for floodwater expansion and dense, persistent, emergent vegetation or dense woody vegetation that slows down flood waters or stormwater runoff during peak flows and facilitates water removal by evaporation and transpiration. ❑ If a stream is present, its course is sinuous and there is sufficient woody vegetation to intercept surface flows in the portion of the wetland that floods. ❑ Physical evidence of seasonal flooding or ponding such as water stained leaves, water marks on trees, drift rows, debris deposits, or standing water. ❑ Hydrologic or hydraulic study indicates wetland attenuates flooding. If any of the above boxes are checked, the wetland provides this function. Complete the following to determine if the wetland provides this function above or below a moderate level. If none of the following apply, the wetland provides this function at a moderate level. ❑ Check box if any of the following conditions apply that may indicate the wetland provides this function at a lower level. ❑ Significant flood storage capacity upstream of the wetland, and the wetland in question provides this function at a negligible level in comparison to upstream storage (unless the upstream storage is temporary such as a beaver impoundment). ❑ Wetland is contiguous to a major lake or pond that provides storage benefits independently of the wetland. ❑ Wetland's storage capacity is created primarily by recent beaver dams or other temporary structures. ❑ Wetland is very small in size, not contiguous to a stream, and not part of a collection of small wetlands in the landscape that provide this function cumulatively. ❑ Check box if any of the following conditions apply that may indicate the wetland provides this function at a higher level. VWP Application 7/1/2012 Paae 12 ❑ History of downstream flood damage to public or private property. ❑ Any of the following conditions present downstream of the wetland, but upstream of a major lake or pond, could be impacted by a loss or reduction of the water storage function. ❑ 1. Developed public or private property. ❑ 2. Stream banks susceptible to scouring and erosion. ❑ 3. Important habitat for aquatic life. ❑ The wetland is large in size and naturally vegetated. ❑ Any of the following conditions present upstream of the wetland may indicate a large volume of runoff may reach the wetland. ❑ 1. A large amount of impervious surface in urbanized areas. ❑ 2. Relatively impervious soils. ❑ 3. Steep slopes in the adjacent areas. 16.1.Subject Wetland Please explain how the subject wetland contributes to the function listed above 16.2.Statement of no undue Please explain how the proposed project will not result in any undue, adverse impact adverse impact to this function. Include any avoidance and minimization measures relevant to this function. 17. Surface and Ground Water ❑ Function is present and likely to be significant: Any of the Protection following physical and vegetative characteristics indicate the wetland provides this function. ❑ Constricted or no outlets. ❑ Low water velocity through dense, persistent vegetation. ❑ Hydroperiod permanently flooded or saturated. ❑ Wetlands in depositional environments with persistent vegetation wider than 20 feet. ❑ Wetlands with persistent vegetation comprising a defined delta, island, bar or peninsula. ❑ Presence of seeps or springs. ❑ Wetland contains a high amount of microtopography that helps slow and filter surface water. ❑ Position in the landscape indicates the wetland is a headwaters area. ❑ Wetland is adjacent to surface waters. ❑ Wetland recharges a drinking water source. ❑ Water sampling indicates removal of pollutants or nutrients. VWP Application 7/1/2012 Page 13 ❑ Water sampling indicates retention of sediments or organic matter. ❑ Fine mineral soils and alkalinity not low. ❑ The wetland provides an obvious filter between surface water or ground water and land uses that may contribute point or nonpoint sources of sediments, toxic substances or nutrients to the wetland, such as: steep erodible slopes; row crops; dumps; areas of pesticide, herbicide or fertilizer application; feed lots; parking lots or heavily traveled road; and septic systems. If any of the above boxes are checked, the wetland provides this function. Complete the following to determine if the wetland provides this function above or below a moderate level. If none of the following apply, the wetland provides this function at a moderate level. ❑ Check box if any of the following conditions apply that may indicate the wetland provides this function at a lower level. ❑ Presence of dead forest or shrub areas in sufficient amounts to result in diminished nutrient uptake. ❑ Presence of ditches or channels that confine water and restrict contact of water with vegetation. ❑ Wetland is very small in size, not contiguous to a stream, and not part of a collection of small wetlands in the landscape that provide this function cumulatively. ❑ Current use in the wetland results in disturbance that compromises this function. ❑ Check box if any of the following conditions apply that may indicate the wetland provides this function at a higher level. ❑ The wetland is adjacent to a well head or source protection area, and provides ground water recharge. ❑ The wetland provides flows to Class A surface waters. ❑ The wetland contributes to the protection or improvement of water quality of any impaired waters. ❑ The wetland is large in size and naturally vegetated. 17.1. Subject Wetland Please explain how the subject wetland contributes to the function listed above 17.2.Statement of no undue Please explain how the proposed project will not result in any undue, adverse impact adverse impact to this function. Include any avoidance and minimization measures relevant to this function. 18. Fish Habitat ❑ Function is present and likely to be significant: Any of the following physical and vegetative characteristics indicate the wetland provides this function. ❑ Contains woody vegetation that overhangs the banks of a stream or river and provides any of the following: shading that controls summer water temperature; cover including VWP Application 7/1/2012 Paae 14 refuges created by overhanging branches or undercut banks; source of terrestrial insects as fish food; or streambank stability. ❑ Provides spawning, nursery, feeding or cover habitat for fish (documented or professionally judged). Common habitat includes deep marsh and shallow marsh associates with lakes and streams, and seasonally flooded wetlands associated with streams and rivers. ❑ Documented or professionally judged spawning habitat for northern pike. ❑ Provides cold spring discharge that lowers the temperature of receiving waters and creates summer habitat for salmonoid species. ❑ The wetland is located along a tributary that does not support fish, but contributes to a larger body of water that does support fish. The tributary supports downstream fish by providing cooler water, and food sources. 18.1.Subject Wetland Please explain how the subject wetland contributes to the function listed above 18.2.Statement of no undue Please explain how the proposed project will not result in any undue, adverse impact adverse impact to this function. Include any avoidance and minimization measures relevant to this function. 19. Wildlife Habitat ❑ Function is present and likely to be significant: Any of the following physical and vegetative characteristics indicate the wetland provides this function. ❑ Provides resting, feeding staging or roosting habitat to support waterfowl migration, and feeding habitat for wading birds. Good habitats for these species include open water wetlands. ❑ Habitat to support one or more breeding pairs or broods of waterfowl including all species of ducks, geese, and swans. Good habitats for these species include open water habitats adjacent shallow marsh, deep marsh, shrub wetland, forested wetland, or naturally vegetated buffer zone. ❑ Provides a nest site, a buffer for a nest site or feeding habitat for wading birds including but not limited to: great blue heron, black -crowned night heron, green -backed heron, cattle egret, or snowy egret. Good habitats for these species include open water or deep marsh adjacent to forested wetlands, or standing dead trees. ❑ Supports or has the habitat to support one or more breeding pairs of any migratory bird that requires wetland habitat for breeding, nesting, rearing of young, feeding, staging roosting, or migration, including: Virginia rail, common snipe, marsh wren, American bittern, northern water thrush, northern harrier, spruce grouse, Cerulean warbler, and r VVVI- Appimation //112U12 Naga 15 common loon. r� ❑ Supports winter habitat for white-tailed deer. Good habitats for these species include softwood swamps. Evidence of use includes deer browsing, bark stripping, worn trails, or pellet piles. ❑ Provides important feeding habitat for black bear, bobcat, or moose based on an assessment of use. Good habitat for these types of species includes wetlands located in a forested mosaic. ❑ Has the habitat to support muskrat, otter or mink. Good habitats for these species include deep marshes, wetlands adjacent to bodies of water including lakes, ponds, rivers and streams. ❑ Supports an active beaver dam, one or more lodges, or evidence of use in two or more consecutive years by an adult beaver population. ❑ Provides the following habitats that support the reproduction of Uncommon Vermont amphibian species including: ❑ 1. Wood Frog, Jefferson Salamander, Blue -spotted Salamander, or Spotted Salamander. Breeding habitat for these species includes vernal pools and small ponds. ❑ 2. Northern Dusky Salamander and the Spring Salamander. Habitat for these species includes headwater seeps, springs, and streams. ❑ 3. The Four -toed salamander; Fowler's Toad; Western or Boreal Chorus frog, or other amphibians found in Vermont of similar significance. ❑ Supports or has the habitat to support significant populations of Vermont amphibian species including, but not limited to Pickerel Frog, Northern Leopard Frog, Mink Frog, and others found in Vermont of similar significance. Good habitat for these types of species includes large marsh systems with open water components. ❑ Supports or has the habitat to support populations of uncommon Vermont reptile species including: Wood Turtle, Northern Map Turtle, Eastern Musk Turtle, Spotted Turtle, Spiny Softshell, Eastern Ribbonsnake, Northern Watersnake, and others found in Vermont of similar significance. ❑ Supports or has the habitat to support significant populations of Vermont reptile species, including Smooth Greensnake, DeKay's Brownsnake, or other more common wetland -associated species. ❑ Meets four or more of the following conditions indicative of wildlife habitat diversity: ❑ 1. Three or more wetland vegetation classes (greater than 1/2 acre) present including but not limited to: open water contiguous to, but not necessarily part vvvr H iicacion niizuiz rage lb of, the wetland, deep marsh, shallow marsh, shrub swamp, forested swamp, fen, or bog; ❑ 2. The dominant vegetation class is one of the following types: deep marsh, shallow marsh, shrub swamp or, forested swamp; ❑ 3. Located adjacent to a lake, pond, river or stream; ❑ 4. Fifty percent or more of surrounding habitat type is one or more of the following: forest, agricultural land, old field or open land; ❑ 5. Emergent or woody vegetation occupies 26 to 75 percent of wetland, the rest is open water; ❑ 6. One of the following: ❑ i. hydrologically connected to other wetlands of different dominant classes or open water within 1 mile; ❑ ii. hydrologically connected to other wetlands of same dominant class within 1/2 mile; ❑ iii. within 1/4 mile of other wetlands of different dominant classes or open water, but not hydrologically connected; ❑ Wetland or wetland complex is owned in whole or in part by state or federal government and managed for wildlife and habitat conservation; and ❑ Contains evidence that it is used by wetland dependent wildlife species. If any of the above boxes are checked, the wetland provides this function. Complete the following to determine if the wetland provides this function above or below a moderate level. If none of the following apply, the wetland provides this function at a moderate level. ❑ Check box if any of the following conditions apply that may indicate the wetland provides this function at a lower level. ❑ The wetland is small in size for its type and does not represent fugitive habitat in developed areas (vernal pools and seeps are generally small in size, so this does not apply). ❑ The surrounding land use is densely developed enough to limit use by wildlife species (with the exception of wetlands with open water habitat). Can be negated by evidence of use. ❑ The current use in the wetland results in frequent cutting, mowing or other disturbance. ❑ The wetland hydrology and character is at a drier end of the scale and does not support wetland dependent species. ❑ Check box if any of the following conditions apply that may indicate the wetland provides this function at a higher level. VWP Application 7/1/2012 Paoe 17 ❑ The wetland complex is large in size and high in quality. ❑ The habitat has the potential to support several species based on the assessment above. ❑ Wetland is associated with an important wildlife corridor. ❑ The wetland has been identified as a locally important wildlife habitat by an ANR Wildlife Biologist. 19.1.Subject Wetland Please explain how the subject wetland contributes to the function listed above 19.2.Statement of no undue Please explain how the proposed project will not result in any undue, adverse impact adverse impact to this function. Include any avoidance and minimization measures relevant to this function. 20. Exemplary Wetland Natural ❑ Function is present and likely to be significant: Any of the Community following physical and vegetative characteristics indicate the wetland provides this function. ❑ Wetlands that are identified as high quality examples of Vermont's natural community types recognized by the Natural Heritage Information Project of the Vermont Fish and Wildlife Department, including rare types such as dwarf shrub bogs, rich fens, alpine peatlands, red maple -black gum swamps and the more common types including deep bulrush marshes, cattail marshes, northern white cedar swamps, spruce -fir -tamarack swamps, and red maple -black ash seepage swamps are automatically significant for this function. The wetland is also likely to be significant if any of the following conditions are met: ❑ Is an example of a wetland natural community type that has been identified and mapped by, or meets the ranking and mapping standards of, the Natural Heritage Information Project of the Vermont Fish and Wildlife Department. ❑ Contains ecological features that contribute to Vermont's natural heritage, including, but not limited to: ❑ Deep peat accumulation reflecting a long history of wetland formation; ❑ Forested wetlands displaying very old trees and other old growth characteristics; ❑ A wetland natural community that is at the edge of the normal range for that type; ❑ A wetland mosaic containing examples of several to many wetland community types; or ❑ A large wetland complex containing examples of several wetland community types. List species or communities of concern: 20.1.Subject Wetland Please explain how the subject wetland contributes to the function listed VWP Application 7/1/2012 Paae 18 above 20.2.Statement of no undue Please explain how the proposed project will not result in any undue, adverse impact adverse impact to this function. Include any avoidance and minimization measures relevant to this function. 21. Rare, Threatened, and ❑ Function is present and likely to be significant: Any of the Endangered Species Habitat following physical and vegetative characteristics indicate the wetland provides this function. ❑ Wetlands that contain one or more species on the federal or state threatened or endangered lists, as well as species that are rare in Vermont, are automatically significant for this function. The wetland is also likely to be significant if any of the following apply: ❑ There is creditable documentation that the wetland provides important habitat for any species on the federal or state threatened or endangered species lists; ❑ There is creditable documentation that threatened or endangered species have been present in past 10 years; ❑ There is creditable documentation that the wetland provides important habitat for any species listed as rare in Vermont (S1 or S2 ranks), state historic (SH rank), or rare to uncommon globally (G1, G2, or G3 ranks) by the Natural Heritage Information Project of the Vermont Fish and Wildlife Department; ❑ There is creditable documentation that the wetland provides habitat for multiple uncommon species of plants or animals (S3 rank). List name of species and ranking: 21.1.Subject Wetland Please explain how the subject wetland contributes to the function listed above 21.2. Statement Of no Please explain how the proposed project will not result in any undue, adverse impact adverse impact to this function. Include any avoidance and minimization measures relevant to this function. 22. Education and Research in ❑ Function is present and likely to be significant: Any of the Natural Sciences following characteristics indicate the wetland provides this function. ❑ Owned by or leased to a public entity dedicated to education or research. ❑ History of use for education or research. ❑ Has one or more characteristics making it valuable for education or research. 22.1. Subject Wetland Please explain how the subject wetland contributes to the function listed above VWP Application 7/1/2012 Paae 19 Please explain how the proposed project will not result in any undue, 22.2. Statement of no undue adverse impact adverse impact to this function. Include any avoidance and minimization measures relevant to this function. 23. Recreational Value and ❑ Function is present and likely to be significant: Any of the Economic Benefits following characteristics indicate the wetland provides this function. ❑ Used for, or contributes to, recreational activities. ❑ Provides economic benefits. ❑ Provides important habitat for fish or wildlife which can be fished, hunted or trapped under applicable state law. ❑ Used for harvesting of wild foods. Comments: 23.1.Subject Wetland Please explain how the subject wetland contributes to the function listed above 23.2.Statement of no undue Please explain how the proposed project will not result in any undue, adverse impact adverse impact to this function. Include any avoidance and minimization measures relevant to this function. 24.Open Space and Aesthetics ❑ Function is present and likely to be significant: Any of the following physical and vegetative characteristics indicate the wetland provides this function. ❑ Can be readily observed by the public; and ❑ Possesses special or unique aesthetic qualities; or ❑ Has prominence as a distinct feature in the surrounding landscape; ❑ Has been identified as important open space in a municipal, regional or state plan. Comments: 24.1.Subject Wetland Please explain how the subject wetland contributes to the function listed above 24.2.Statement of no undue Please explain how the proposed project will not result in any undue, adverse impact adverse impact to this function. Include any avoidance and minimization measures relevant to this function. 25. Erosion Control through Function is present and likely to be significant: Any of the Binding and Stabilizing the following physical and vegetative characteristics indicate the Soil wetland provides this function. ❑ Erosive forces such as wave or current energy are present VWP Application 7/1/2012 Paoe 20 and any of the following are present as well: ❑ Dense, persistent vegetation along a shoreline or stream bank that reduces an adjacent erosive force. ❑ Good interspersion of persistent emergent vegetation and water along course of water flow. ❑ Studies show that wetlands of similar size, vegetation type, and hydrology are important for erosion control. What type of erosive forces are present: ❑ Lake fetch and waves ❑ High current velocities: ❑ Water level influenced by upstream impoundment If any of the above boxes are checked, the wetland provides this function. Complete the following to determine if the wetland provides this function above or below a moderate level. If none of the following apply, the wetland provides this function at a moderate level. ❑ Check box if any of the following conditions apply that may indicate the wetland provides this function at a lower level. ❑ The stream is artificially channelized and/or lacks vegetation that contributes to controlling the erosive force. ❑ Check box if any of the following conditions apply that may indicate the wetland provides this function at a higher level. ❑ The stream contains high sinuosity. ❑ Has been identified through fluvial geomorphic assessment to be important in maintaining the natural condition of the stream or river corridor. 25.1.Subject Wetland Please explain how the subject wetland contributes to the function listed above 25.2.Statement of no undue Please explain how the proposed project will not result in any undue adverse adverse impact impact to this function. Include any avoidance and minimization measures relevant to this function. VWP Application 7/1/2012 Page 21 ' Vermont Wetland Section Wetland Application Database Form (AFFIX TO THE FRONT OF THE APPLICATION) Applicant Name: Robert Dumont Family Trust Representative Name: Oakledge Environmental Services, Inc. Town where project is located: South Burlington I County: Chittenden Project Location Description: South End of Birch Street in South Burlington, VT 05403 911 Street Address or direction from nearest intersection Project Summary: Construct sections of the driveway & a buried utility line for a proposed duplex Permit Type Requested (check all that apply) ® Vermont General Permit Coverage ❑ Wetland Determination ❑ Vermont Wetland Permit Impact Calculations: Total up proposed impacts from wetland tables listed below Total Wetland Impact Osquare feet (s.f.) Total Buffer Zone Impact 1,406 square feet (s.f.) Total Wetland Clearing 0 square feet (s.f.) Total Buffer Zone Clearing 0 square feet (s.f.) (qualified linear projects only) (qualified linear projects only) Permit Fees: Make check payable to - State of Vermont Wetland Impact Fee: $0.75/sf $0.00 Administrative Fee: $120 Buffer Impact Fee: $0.25/sf $351.50 Total Check Amount: $471.50 Clearing Fee: $0.25/sf $ Existing Land Use Type: ❑ Forestry ❑ Residential (Subdivision) ❑ Industrial/ commercial (check all that apply) ❑ Agriculture ❑ Transportation ® Parks/Rec/Trail ❑ Residential (Single ❑ Institutional ® Undeveloped Family) Proposed Land Use Type: Forestry ❑ Residential ❑ Industrial/ commercial (check all that apply) (Subdivision) ❑ Agriculture ❑ Transportation ❑ Parks/Rec/Trail ® Residential (Single ❑ Institutional ❑ No Change Family) Proposed Impact Type: ❑ Buildings ® Utilities ❑ Parking ❑ Septic/Well ❑ Stormwater (check all that apply) ® Driveway ❑ Road ❑ Parks/Path ❑ Agriculture ❑ Pond ❑ Lawn ❑ Dry Hydrani ❑ Beaver dam alteration ❑ Silviculture ❑ Aesthetics ❑ Other ❑ No Impact Wetland 1: (Label using Wetland ID from application if Location: applicable, use supplemental sheets if more than one wetland is being impacted) Wetland Type: POW/PEM - open wateiWL Size Class: > 20 acres Proposed Alterations Wetland Alteration: Buffer Zone Alteration: Wetland Alteration Type (check all that apply) Wetland Fill: s.f. ❑Dredge ❑Drain Temporary: s.f. Temporary: 0 s.f [-]Cut Vegetation ❑Stormwater Permanent:: s.f. Permanent:: 1,406 s.f ®Trench/Fill ❑Other Mitigation Avoidance and Minimization Wetland: s.f. Buffer Zone - s.f. s.f. of wetland NOT impacted): Wetland Mitigation: (s.f. Gained) Buffer Zone Mitigation (s.f. Gained): Restoration s.f. Enhancement s.f. Restoration s.f. Enhancement s.f Creation s.f. Conservation s.f.. Creation s.f Conservation s.f Reason for Mitigation: ❑ Correction of Violation ❑ Mitigation to offset permit ❑ Voluntary impacts VWP Application 7/1/2012 Page 22 All Applications Should be Mailed To: Vermont Wetlands Program Water Quality Division 103 South Main St Building 10 North Waterbury, VT 05671-0408 Staff To Complete Wetland Project Number: Wetland Project Name: DEC ID#: Date Application Received: Request for Information Date: Information Received Date: Request for Information Date: Information Received Date: Date Application Complete: Distribution Complete Date: Notice Begin Date: Notice End Date: Final Action Date: Public Meeting Date: Check# Check Amount Date Check Received Check# Check Amount Date Check Received Vermont Wetiand Permit Application/Determination Petition QUESTION INSTRUCTIONS AND APPLICANT ANSWER STAFF NOTE 1. Applicant If the applicant is someone other than the landowner, the landowner information must also be included below. 1.1. Applicant Name Robert Dumont Family Trust, c/o Norm Smith, Atty. (Trustee) 1.2. Applicant Address 76 Lincoln Street, Essex Junction, VT 05462 1.3. Applicant Phone (802) 288-9088 Number 1.4. Applicant Email nc.smith@myfairpoint.net 1.5. Applicant Signature By signing this application you are certifying that all the information (original signature required) contained within is true, accurate, and complete to the best of your knowledge. Date: X 2. Representative Consultant, engineer, or other representative that is responsible for filling out this application, if other than the applicant or landowner 2.1. Representative Name Jeffrey Severson, Principal Ecologist, Oakledge Environmental Services, Inc. 2.2. Representative Address P.O. Box 4065, Burlington, Vermont 05406 2.3. Representative Phone 802-660-8312 Number 2.4. Applicant Email jeff.severson@burlingtontelecom.net 2.5. Representative By signing this application you are certifying that all the information Signature contained within is true, accurate, and complete to the best of your (original signature required) knowledge. Date: X 3. Landowner Landowner must sign the application. Use this space if landowner is different from the applicant 3.1. Landowner Name Same as Applicant 3.2. Landowner Address 3.3. Landowner Phone Number 3.4. Landowner Email 3.5. Landowner Easement Attach copies of any easements, agreements or other documents conveying permission, and agreement with the landowner stating who will be responsible for meeting the terms and conditions of the permit. List the attachment for this information in this section. 3.6. Landowner Signature By signing this application you are certifying that all the information (original signature required) contained within is true, accurate, and complete to the best of your knowledge. Date: X nip .- .. . tion �4 'yam �+ ' � 1 4 �(�� i��-- �` ��-��\ 1� , �)(�... • N N [low GN 1'17'E AIN, MN 14* 44'W Project Location % f7 7771 =logo SCALE 1:24000 0 1000 2000 3000 4000 Saco 6000 7001 FEET Robert Dumont Family Trust Project South Burlington, VT Project Location Map Applicant Name: Robert Dumont Family Trust Project Number: 2013-278 NOTICE OF AUTHORIZATION VERMONT WETLAND GENERAL PERMIT GENERAL PERMIT 3-9025 VERMONT AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION A determination has been made that the applicant: Robert Dumont Family Trust, c/o Norm Smith, Atty. 76 Lincoln Street Essex Junction, VT 05452 meets the criteria necessary for inclusion under Vermont General Wetland Permit #3-9025. Hereinafter the named applicant shall be referred to as the permittee. Subject to the conditions of General Permit # 3-9025, the permittee is authorized to alter the Class II wetland and associated 50-foot buffer zone located on the south end of Birch Street in South Burlington, Vermont as described in the application for authorization dated February 10, 2014. To construct sections of a driveway and buried utility line for a proposed duplex with 0 square feet of total wetland impacts and 1,406 square feet of total buffer zone impacts. Public notice of the application was given in accordance with Section 9.7 of the Vermont Wetland Rules. Any comments received during the public comment period were considered during review of the application and issuance of this authorization. Compliance with General Permit 3-9025 and this Authorization Under 10 V.S.A. §901 et. seq. and the Vermont Wetland Rules, the Secretary may authorize activities in a significant wetland or in its adjacent buffer zone if the Secretary determines that it complies with the Wetland Rules and will have no undue adverse effect on the protected functions and values. The Secretary has determined that the proposed project complies with the above and will have no undue adverse impacts to the protected functions and values of the subject Class II wetlands or the adjacent wetland complex. If the project is constructed according to the permit application and the conditions of this authorization, the permitted activity is not expected to result in any violations of the Vermont Water Quality Standards. The permittee shall comply with this authorization and all the terms and conditions of General Permit 3-9025. Any permit non-compliance constitutes a violation of 10 V.S.A. Chapter 37 and the Vermont Wetland Rules and may be grounds for an enforcement action or revocation of this authorization to discharge. The following General Conditions (§IX of Wetland General Permit 3-9025) shall apply: A. All activities shall be completed, operated and maintained in accordance with the permittee's Notice of Intent and the conditions of this general permit. No material or substantial changes shall be made in the project without the written Wetland Project #2013-278 Robert Dumont Family Trust VT GP #3-9025 Page 2 of 3 approval of the Vermont Department of Environmental Protection Wetlands Program. B. The permittee shall notify the Vermont Wetlands Program in writing prior to the start of this project and upon completion of the project. The notification of completion shall include a statement that the project was constructed in compliance with the conditions of this general permit and the authorization. C. The Required Best Management Practices in §V of the general permit shall be used to comply with this general permit. D. The permittee shall record its authorization under this general permit in the land records of the town(s) in which all affected lands are located. Any future deed for such lands shall reference the authorization. Within 30 days of the date of issuance of the authorization under this general permit, the permittee shall supply the Vermont Wetlands Program with a copy of correspondence with the town(s) certifying that the required recordings have been made. E. The Agency maintains continuing jurisdiction over a project authorized under this general permit and may at any time order remedial measures if it appears likely that undue adverse impacts to protected wetland functions and values are or will occur. F. Authorization under this general permit does not relieve the permittee of the responsibility to comply with any other applicable federal, state, and local laws, regulations, and permits. G. By acceptance of an authorization under this general permit, the permittee agrees to allow Agency representatives access to the property covered by the authorization, at reasonable times and upon presentation of credentials, for the purpose of ascertaining compliance with the authorization, this general permit, the Vermont Wetland Rules and the Vermont Water Quality Standards and for the purpose of reviewing and copying all records required to be prepared pursuant to this general permit. H. The Agency, by issuing this general permit and any authorization hereunder, accepts no legal responsibility for any damage direct or indirect of whatever nature and by whomever suffered arising out of the approved project. I. The Secretary may, after notice and opportunity for a hearing, revoke or suspend, in whole or in part, an authorization under this general permit for cause, including, but not limited to: 1. Violation of the terms or conditions of this general permit; 2. Obtaining authorization by misrepresentation or failure to fully disclose all relevant facts; 3. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized activity. Wetland Project #2013-278 Robert Dumont Family Trust VT GP #3-9025 Page 3 of 3 Rights to Appeal to the Environmental Court Pursuant to 10 V.S.A. Chapter 220, any appeal of this decision must be filed with the clerk of the Environmental Court within 30 days of the date of the decision. The Appellant must attach the applicable entry fee payable to the State of Vermont to the Notice of Appeal. The Notice of Appeal must specify the parties taking the appeal and the statutory provision under which each party claims parry status; must designate the act or decision appealed from; must name the Environmental Court; and must be signed by the appellant or their attorney. In addition, the appeal must give the address or location and description of the property, project or facility with which the appeal is concerned and the name of the applicant or any permit involved in the appeal. The appellant must also serve a copy of the Notice of Appeal in accordance with Rule 5(b)(4)(B) of the Vermont Rules for Environmental Court Proceedings. For further information, see the Vermont Rules for Environmental Court Proceedings, available on line at www.vermontjudiciary.org. The address for the Environmental Court is 2418 Airport Road, Suite 1, Barre, VT 05641 (Tel. # 802-828-1660). Effective Date and Expiration Date of this Authorization This authorization shall become effective on April 9, 2014 and shall continue for five years until April 9, 2019. Dated at Montpelier, VT this ninth day of April, 2014. David K. Mears, Commissioner Department of Environmental Conservation an E-SIGLapierre on 20 4-04-0 19 4:05:32 GMT Laura Lapierre, Program Manager Wetlands Program Watershed Management Division ER05ION CONTROL 5PECIFICATION5 1 ADDITIONAL EROSION CONTROL SHALL DE INSTALLED AS DEEMED WGE55AKY MY THE TOWN IWEGTOR 2 SEE OTHER DRAWIN455 OF THESE FLANS FOR ADDITIONAL STORMWATER AND EROSION CONTROL SPEC IFIGATIONS AND DETAILS 3 THE ROADWAY AND YARD FINISH GRADE 5LOM5 SHALL NOT DE 5TEENER THAN 2 ON L THE FIN I5HED GRADE 51-CM5 SHALL DE IMMEDIATELY GRADED AID MULCHED 4 SHKKLLD ANY DI5TURDED AREA REMAIN UNWOKKED FOR MORE THAN 30 DAYS THEN THE AREA SHALL DE MULCHED OR TEMPORARILY SEEDED WITH ANNI/AL RYE TOPSOIL SHALL DE f ACED, DE SEEDED AND MULCHED WITIN FIVE DAYS AFTER AGHIEVINNS FINAL GRADE NO WINTER EARTHWORK SHALL DE PERMITTED ALL EARTHWORK SHALL DE FINISHED MY OC,TOEER DTH AND THE 51TE 5TADILIZED 5 THE EROSION GONTKOL METHODS USED DURING CONSTRUCTION OF THE DEVELOPMENT SHALL MOGEED IN THE FOLLOWING SEQUENCE, AI THE CONTRACTOR SHALL INSTALL AND MAINTAIN HAY DALE DAMS SILT FENCES, AND OTHER EK05ION CONTROL MEASURES, IF REQUIRED, AS ORDERED DY THE ENGINEER THE EROSION CONTROL MEA51.RE5 SHALL DE MAINTAINED AND KEFAIRED AFTER. EVERY RAINFALL UNTIL THE NEW IMPROVEMENT5 ARE PAVED AND ALL DISTIKDED AREA5 HAVE DEEN GRASSED THE REPAIR OF THE EROSION CONTROL MEASURES WILL INCLUDE REMOVING ANY SEDIMENTATION THIS SEDIMENT MAY DE PLACED AS FILL IN THE LOW AREAS. IF APPROVED MY THE ENGINEER DI THE TOPSOIL SHALL DE REMOVED FROM THE AREAS TO DE GRADED AMID STOCKPILED STARED HAT DALES OR A SILT FENCE SHALL DE PLACED CONTINUOUSLY AROUND THE DOTTOM OF THE MILE - CI IN AREA5 NEAR THE NEW GON5TRIKLTION, THE GONTRACTOR SHALL ENCLOSE THE TRUNKS OF TREE5 TO DE SAVED WITH WOODEN SNOW FENCING ALONG THE DRIPL.INE TO PROTECT THE FROM INJURY DI THE SITE GRADING WILL THEN DE DONE, AND THE PIPELINE5 WILL DE INSTALLED MMEDIATELT FOLLOWING GRADING THE CONTRACTOR WILL INSTALL AND MAINTAIN HAY DALE INLET PROTECTION AROUND THE CATCH DA51N5 UNTIL THE ROADWAY HAS DEEN PAVED AND GRASS HAS SEEN ESTACLI5HED ON THE SLOPES EI THE CONTRACTOR WILL TOPSOIL, SEED, AND MULCH THE 015TMCIED AREA5 WITHIN 5 DAYS OF ACHIEVING FINAL GRADE FI OPEN CIfT AREAS SHALL DE MLLGHED OUTSIDE OF ACTUAL WORK AKEAS, AND HAY DALES SHALL DE EMfLOTED TO CONFINE SHEET WASH AND RUNOFF TO THE IMMEDIATE OPEN AREA AS ORDERED MY THE ENGINEER (iw r ny se I I I III TII ,(j . 'III J _ I I I 11 a00iIAEwi. I I � �ALRM I I I I IIII II I111 II �il� �T. .. ✓I I �% TR F RcaD srARE NOTE USE ONLY MANUAL METHODS TOP VIEW SUCTION JOINT OF INSTALLATION AND CLEAMNG WITHIN WERAND AND BUFFET ZONE NOTE TO BE INSTALLED PRIOR TO ANY CONSTRUCTION ! MAINTAINED UNRL DISTURBED AREAS ARE RESTORED (GRASSED) TEMPORARY SILT FENCE NTS PUN NOTES T THE ENTRANCE SHALL BE MAINTAINED IN A CONDITION WHICH WILL PREVENT RA TCKING OF SEDIMENT ONTO PUBLIC RIGHTS -OF -WAY THIS MAY REQUIRE PERIODIC TOP DRESSING WITH ADDITIONAL STONE AS CONDITIONS DEMAND AND REPAIR AND/OR CLEANOUT OF ANY MEASURES USED TO TRAP SEDIMENT ALL SEDIMENT TRACKED, SPILLED, OR WASHED ONTO PUBLIC RIGHTS -OF -WAY SHALL BE REMOVED IMMEDIATELY BY CONTRACTOR 2 THE USE OF CALCIUM CHLORIDE OR WATER MAY BE NECSSARY TO CONTROL DUST DURING THE SUMMER 3 PROVIDE APPROPRIATE TRANSITION BETWEEN STABILIZED CONSTRUCTION ENTRANCE AND PUBLIC RIGHT-OF-WAY 5TA61LIZE0 CON5TRUCTION ENTRANCE NTS PROVIDE 4" OF SANDY TOPSOIL OVER STONE 2' PROVIDE 314" TO 1 yr CLEAN STONE STONE TO BE WRAPPED IN MTRAFT 6" t,ON OR EQUAL 6'PERF PVC UNOERDRAIN L " MIN STONE INFILTRATION TRENCH NTS 1 Inu�Eov owEnrwD NurrEA wE 1 —305- \ \ d / o E �u�ITN r�oy'MIL'I�JK I flr°Liao / u \\\ o EAT - J_ 71 LAND5GAPING 5PECIFIGATION5 ALL D157,,Ke ED AREAS SHALL DE 5TADILIZED WITH SEEDING AND MLLCHING M101t TO NOVEMDM 1 OF EACH TEAR ANY D15TUKE3 D AREA5 SHALL DE IMMEDIATELY SEEDED AND MULCHED WITHIN 15 DAYS ANY WORK PERFORMED AFTER OGTODER I OF EACH TEAR SHALL DE STADILIZED WITH MIN -CH OR NETTPR ING SUFFICIENT TO EVENT M05ION AND SHALL DE IMMEDIATELY SEEDED AND KEAIIILCHED AS SOON AS WEATHER PERMITS IN THE SPRING ALL DISTURDED AREA5 SHALL RECEIVE A MINIMUM OF 4" OF TOPSOIL AND DE SEEDED FERTILIZED LIMED, AND MLLGHED IN ACCORDANCE WITH THE FOLLO W IN I SEED MIXTIA[E IN ALL AREAS SHALL DE UKDAN MIX CONFORMING TO THE TADLE SHOWN ON THE PLANS FOR SEEDING DETWEEN 5EfTEMDEK I AND NOVEMDER I WINTER RYE SMALL DE USED AT AN ARLIGATION RATE OF M POUNDS PER ACRE 2 FERTILIZER SHALL DE STANDARD COMMERCIAL GRADE CONFORMING TO THE STATE FEKTILI ZR LAW AND TO THE 5TANDARD5 OF THE ASSOCIATION OF OFFICIAL AGRICULTURAL CHEM15T5 OKY FERTILIZER, IF USED SHALL DE AKLIED AT THE RATE OF SOO POLMD5 PER ACRE LIQUID FERTILIZER, IF USED, SHALL DE APPLIED IN A 1-2-1 RATIO WITH THE MINIMUM RATE TO INGLUDE 100 FOUNDS OF NITROGEN 200 FOUNDS OF f 05"TE AND )CO FOUNDS OF fOTA5H PER AGRE 3 LIMESTONE SHALL CONFORM TO ALL STATE AND FEDERAL REGULATION5 AMID TO THE 5TANDARD5 OF THE ASSOCIATION OF OFFICIAL AGRICULTURAL CHEMISTS THE LIMESTONE SHALL DE APPLIED AT A RATE OF TWO TONS PER ACRE OR AS DIRECTED 4 WITHIN 24 HOURS OF ArrLICATION OF FERTILIZER LIME AND SEED THE SURFACE SHALL DE MULCHED WITH A HAY HIGH MULCH SHALL DE SPREAD UNIFORMLY OVER THE AREA AT A RATE OF TWO TONS PER ACRE OR A5 ORDERED MY THE ENGINEER GRAPHIC SCALE ( IN FELT ) I LDch . 40 IL URDAN MIX GRA55 SEED Z MY WEIGHT LDS LIVE SEED PER ACRE TYPE OF SEED 375 45 CKEENNG RED FESCUE 31Z 375 KEITUGKY DLUEGRASS 3125 3T5 WINTER HARDY, PERENNIAL YE DO 120 4 LIVE SEED PER ACRE I-Ocation P/an South 6u1/1glon VT n /s EV Ell. nm I- Ir w .w� a NAwL rEnr rvc rn. wrrvzarcmcn PLAN VIEW � In°Mrwrnl �r no ' F+sT smW, EMI a �W s Iur m ' woa u -ma, I\ \ PROFILE D ` \\ \ STORM OUTFALL DETAIL l \� R E ; \ \ C%i y 11 f��y! y� t r son / a/ �/ /— DiiArtgla�L'� /lfi.I4�✓1t A I.- —AM.- SLOPE T/a PER FT AWAY fY .ER/ KOCIIS (SD ` • j u.Di / v / EDUAND � Ruin i /�� / /��//� . // /.✓/\//, THE CONTRACTOR SHALL NOTIFY bIGSAFE' NT 1-888-DIG-SAFE PRIOR TO ANY E%GAVATION GRAVITY BLOCK RETAINING WALL NT5 NOTE THE 5UDJECT PARCEL 15 AN EXISTING PARCEL THI5 PLAN 15 NOT TO DE U5ED FOR PROPERTY CONVEYANCE 5EE PLAN DY DAVID TUDHOPE FOR DETAILED PROPERTY INFORMATION IBBCCA 0 nEmnD — G � AnBNA M' BIBWA A OTEARY-BURKE CIVIL ASSOCIATES, PLC 'we RODERT DUMONT FAMILY TKU5T PAKGEL DIRCH STREET SOUTH DUKLINGTON VT 51 TE PLAN 1 1