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Home My WebLink AboutAgenda 06_SP-20-035_124 Technology Park Way_ReArch 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Development Review Board FROM: Marla Keene, Development Review Planner SUBJECT: SP-20-035 124 Technology Park Way Site Plan Application DATE: April 20, 2021 Development Review Board meeting ReArch Company has submitted site plan application #SP-20-035 to amend a previously approved plan for commercial parking and a vacant 54,459 sf building. The amendment consists of converting the use to general office and expanding the existing parking lot, 124 Technology Park Way. The Board began review of the application on December 15, 2020. The Board indicated that because there are proposed wetland and wetland buffer impacts, the Board could not approve the project without demonstration of compliance with the City’s wetland impact criteria. The applicant declined to provide testimony on the wetland criterion, instead indicating they would prefer to rely on demonstration of acceptance by the State wetland program. The Board continued the hearing to allow time for the applicant to obtain their state wetland impact permit. A draft permit from the State has been submitted, with the public comment period ending on April 22. If no public comment affecting the draft permit are provided to the State Wetlands program, Staff anticipates the draft permit will be issued as written. Since the composition of the Board has changed since the initial hearing, Staff has included project background information. LDR criteria that were settled at the December 15, 2020 hearing have been omitted, however staff notes from that meeting are available on the City website. CONTEXT The Project is located in what is commonly referred to as Technology Park. The lots within Technology Park are generally owned and managed by ReArch Company, but there is no unifying Planned Unit Development. At present, Technology Park consists of the buildings at 124 and 88 Technology Park Way, the large building at 530 Community Drive, and an existing smaller building at 725 Community Drive and the currently under construction large warehouse at 635 Community Drive. Only the buildings at 124 and 88 Technology Park way and at 530 Community Drive are within the Community Drive “loop;” the other two buildings are on the exterior of the loop. The project also includes improvements to the stormwater management system. The application is subject to conditional use review because a portion of the work is located within a Class II wetland buffer. This project is subject to review under the Land Development Regulation Standards covering the Mixed Industrial Commercial District, Section 12.02 Wetland Protection Standards, Section 14.06 General Review #SP-20-035 2 Standards, and Section 14.10 Conditional uses. PERMIT HISTORY The existing site was originally approved in #SP-07-67 as a 54,459 general office building. That approval granted certain encroachment into the Class II wetland buffer, finding that wetland criteria were being met “to the best ability of the applicant.” Most recently, the applicant received site plan approval #SP-19-14 and conditional use approval #CU-19-03 to convert the use to commercial parking and vacant for the purpose of off-site storage of automobiles for sale. The applicant is now proposing to convert the existing building back to an office space and expand the existing parking lot. The current application includes removal of the conditional approval for commercial parking. Staff notes the applicant has been using the existing building as office space without a permit for some time. This permit was intended to remedy that situation, however because of delays, the applicant is currently in violation of their previous approval identifying the building as vacant. Numbered comments for the Board’s attention are in red. 14.06 GENERAL SITE PLAN REVIEW STANDARDS B. Relationship of Proposed Structures to the Site (2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. (i) The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act; (ii) The parking area will serve a single or two-family home; (iii) The lot has unique site conditions, such as a utility easement or unstable soils, that allow for parking, but not a building, to be located adjacent to the public street; (iv) The lot contains one or more existing buildings that are to be re-used and parking needs cannot be accommodated to the rear and sides of the existing building(s); (v) The principal use of the lot is for public recreation; or (vi) The lot is located within the Mixed Industrial-Commercial Zoning District and meets the following criteria: (I) The lot is located in an approved subdivision where the parking on each lot in the subdivision is proposed to be located between the building or buildings on each lot and the public street so that a significant greenspace surrounded by buildings may be incorporated similar to a college campus style “quad”, as detailed below. #SP-20-035 3 (II) The parking on any lots that include a part of the greenspace shall be aligned in a similar fashion so that the buildings are located between the greenspace and the parking and so that the parking is located between the buildings and the public street to maintain the integrity and continuity of the greenspace. Prior to gaining approval from the Development Review Board, the applicant for each lot is required to provide a written agreement, such as a shared parking, greenspace and use agreement, from each lot owner in the approved subdivision whose lot will include a portion of the greenspace that provides that each lot owner will comply with this general parking, building and greenspace alignment, layout and design in the future development of each of their lots. (III) The minimum required total area of the greenspace shall be 150,000 square feet. For purposes of this subsection 14.06(B) (2)(b)(vi), “greenspace” shall be defined as a consolidated and continuous landscaped area located across more than two lots in the approved subdivision, similar in nature to a common open space, largely surrounded by buildings, but shall not include building or impervious parking areas. The greenspace may extend between buildings, but shall not extend beyond the building line of the principal building on each lot that includes a portion of the greenspace. The greenspace shall consist of pervious surfaces such as lawns, trees, plantings, wetlands, and gardens, and may include impervious landscape features, such as path networks, sculptures, gazebos, water features, footbridges, sitting areas, stone walls, and other features and amenities that may be built within and throughout the greenspace in order to create a more attractive and enjoyable environment. The area of the greenspace shall be calculated by measuring and adding the portion of the total greenspace defined on the site plan for each lot in the approved subdivision that includes a portion of the greenspace. (IV) Any parking located between a proposed building and a public street shall include landscape screening at least three (3) feet in height above the grade of the adjacent public street, except as necessary to maintain adequate sight distances. The applicant provided the following additional narrative on their State Wetland Permit application, responding to the question “Can the proposed activity be practicably located outside the wetland/buffer zone? If not, indicate why. Explain the alternatives you have explored for avoiding the wetland and buffer onsite, And why they are not feasible.” The proposed activity cannot be practicably located outside the wetland or wetland buffer zone, as the proposed location is the only feasible area to site the additional parking spaces due to existing site restrictions and local zoning regulations. The parking expansion has been designed to be compact, meeting the minimum dimensional standards for parking and landscaping islands. The parking expansion is not feasible north of the existing parking area due to existing easements (stormwater treatment for Lot 3, Green Mountain Power Easement with parking height restrictions, multi-use path easement). Further, the city will not allow a further expansion of parking towards the Kimball Ave right-of-way. There is not sufficient space to provide parking behind the building, parking behind the building does not meet the local zoning requirements for Technology Park, and this location would also result in wetland and buffer impacts. The feasibility of a parking structure was evaluated, however, a parking expansion on this existing property is extremely cost prohibitive. Additional information is provided in supplemental letters and on Exhibit 1. Staff considers it inaccurate to say that parking behind the building does not meet the local zoning requirements, and in fact parking is required to be to the side or rear of the building except in limited #SP-20-035 4 circumstances, excerpted above. The original approval, #SP-07-67, found that the power lines and related easement on the northern portion of the property made it impractical to locate the building up front. That approval also considered the significant landscaping between Kimball Ave and the parking lot in the finding on this criterion. Staff considers the circumstances leading to the original approval have not changed. At the December 15 hearing, the Board asked about the applicant’s plan to develop a quad style development with an interior green space, which would allow the proposed parking under exception (vi). The applicant indicated that is what they would plan to do, but no approvals exist at this time which would require such a plan be executed. As proposed, the parking expansion is located in an area of existing wetland. 1. The proposed parking is located in the front of the building. Staff considers the approved minutes from the December 15 hearing provide no indication that the Board was satisfied that they could allow the proposed parking expansion. Staff considers there is no clear path forward for the proposed parking unless unique site conditions prevent a building but allow parking to be located nearer to the street as in exception (iii), or the applicant submits and receives approval for the “quad” style development as in exception (vi), including specific size and landscaping requirements, and recommends the Board discuss this criterion. ARTICLE 12 SURFACE WATER PROTECTION STANDARDS 12.02E. 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 II 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 II wetland buffers, Class III wetlands and Class III 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. The project has been slightly modified from the previous submission in 2020, reducing the proposed additional permanent Class II wetland impact from 1,750 sf to 1,585 sf, reducing the proposed additional permanent Class II buffer impact from 10,900 sf to 10,865 sf, and increasing the proposed additional temporary Class II buffer impact from 3,050 to 3,074 sf. #SP-20-035 5 2. Staff is unable to identify what has changed on the plans and recommends the Board ask the applicant to describe, in order to determine if the other submitted plans need to be updated to reflect the proposed conditions submitted to the state. In the State wetland permit application and draft decision, the impacted wetland is identified as having two protected functions: water storage for flood water and stormwater runoff, and surface and groundwater protection. The remaining eight functions are found to be not present or minimally present. Since the two identified functions are similar to those protected under 12.02E(3), Staff considers it appropriate to defer to the findings of the State wetlands program in their draft permit and find these criteria met. Respectfully submitted, Marla Keene, Development Review Planner SSSSSSSSSSS DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD D D D D DDDDDDD D D DDDDDDW W W W WWWWWWWWWWWWWWWWWWWWWWWWWWFOFOFOFOFOFOFOWWWWWWW WWWWWWWFDFDFDS S S S S UPUP(2)UP(2)UP(2)UP(2)UP(2)UP(2)UPUPUPUPCTV CTV CTV CTV CTV UPUPUPUPUPUPUPUPUPUPUPUPCTV CTV CTV CTVCTVCTVCTVUP(2)UP(2)UP(2)UP(2)UTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUT UT UT UT UT UT UT UT UT UTUTDDDDD UPS S S S S S S S SSSSSSGGGGGGGGGGGG G G GGGGGGGGGGGGGGS(2)(2)(2)(2)(2)UP(2)UP(2)UP(2)UP(2)UP(2)UP(2)(2)(2)(2)DDDDDDDDDDDDDDDWWWDDDSMH 3RIM=343.3iIN(E)(8)=339.6iOUT=339.5DMHRIM=339.32iIN=335.39iOUT=335.34SUMP=334.82WETLAND OUTLETRIM=336.21iIN(3 PIPES)=334.23iOUT=334.03SUMP=331.71CBRIM = 345.10'CLASS 2WETLAND50' WETLANDBUFFER (STATE& LOCAL)SHUNPIKE RDKIMBALL AVENUE5' SETBACK17.5'SETBACK65' SETBACK17.5'SETBACK124 TECHNOLOGY PARKWAYEXISTING BUILDINGCONCRETE SIDEWALKSTORMWATER SYSTEMDMH #9RIM=342.94iIN(15)=335.30iIN(12)=335.94iOUT(18)=335.1218" HDPE15" HDPE CB #5RIM=342.61iIN=337.0iOUT=336.4CB #6RIM=343.8iIN(12)=338.6iIN(4)=339.2iOUT=338.3DMH #1RIM=347.43iIN(x2)=340.60iIN(8)=340.50iOUT=340.5312" HDPECB #10RIM=339.89iOUT=336.49SUMP=334.14CB #11RIM=337.08iIN(15)=334.03iOUT(18SW)=333.33iOUT(12W)=????SUMP=330.5815" HDP E 18" HDPE12" HDPEWETLANDOUTLETRIM=334.21iIN(3X3")=332.71iOUT=331.41SUMP=330.7112" HDPECB #4RIM=336.26i(2)=333.68iOUT=333.45SUMP=330.92" PVC12" HDPEDMH #8RIM=339.51iIN(8)=334.21iIN(12)=333.16iOUT=332.88SUMP=332.4612" HDPE8" PVCi=332.6612" HDPEi=342.5912"HDPE8" PVCCBRIM = 347.0'CBRIM = CBRIM = 345.1'CBRIM = 344.2'CBRIM = 346.25'18" = 336.8615"S = 336.9615"E = 339.748" = 340CBRIM = 350.0'YDRIM = 346.9'YDRIM = 347.2'ELECTRIC PADCONDUIT FORTELECOM PAD12" YARD DRAINi=375.98" PVC8"PVC6" PVCL=249' s=0.004 FT/FT8" PVCL=144' s=0.004 FT/FT8" PVCL=137' s=0.003 FT/FT8" PVCL=176' s=0.004 FT/FT8" PVC12" HDPE i=334.20i=334.00SMH 5RIM=348iOUT=34iIN=340.8SMH 1 (ASSUMED INV)RIM=348.51iIN(SW)(8)=338.08iOUT=337.98SMH 2RIM=344.83iIN(S)(8)=339.16iOUT=339.06SMH 4RIM=346.20iIN(E)(8)=340.20iOUT=340.20i=333.71HVAC ELECTRICPULLBOXTBMTCE POINT #22366"X" TOP OF BOLTELEV.=341.63i=333.608" CLASS 52 WATER MAINAPPROX.LOCATIONFLAGPOLETECHNOLOGY PARK WAY12" HDPE12" HDPED D 933013212222353250'WETLANDBUFFER352351351350350350349349349349348 348 348347 347347346346346 345345345344344344344343343343 342342342 342341341341341341340340340339339339338338338338338337337337337337336336336336 335 335335 335334 334334334333333333332 tax map no. 1260-00200TECHNOLOGY PARK CAMPUS LLC v.898 p. 210map slide 510map slide 5419.10 Ac.TECHNOLOGY PARK CAMPUS LLC v. 898 p. 210map slide 510map slide 5417.90 Ac.tax map no. 1713-00124TECHNOLOGY PARK WAY LLC v. 812 p. 269map slide 5105.00 Ac.TECHNOLOGY PARK CAMPUS LLCv. 898 p. 210map slide 510map slide 5413.98 Ac.0FeetGraphic Scale30 30 60 90 120••••••••VT GridMagneticSheet TitleProject TitleUse of These DrawingsScale:Project Number:Date:Drawn By:Project Engineer:Approved By:No. Description Date ByRevisions478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495802 879 6331 | WWW.TCEVT.COMENGINEERING SURVEYNo. 9020CIVILABIGAILA.DER YSTATEOFVERMONT P R O FESSIONALENGINEERLICENSEDField Book:For Local Permitting Only1. Unless otherwise noted, these Drawings are intended forpreliminary planning, coordination with other disciplines orutilities, and/or approval from the regulatory • • •• • ••••• ••••••••••••They are not intended as construction drawings unless notedas such or marked approved by a regulatory authority.2. By use of these drawings for construction of the Project,the Owner represents that they have reviewed, approved,and accepted the drawings, obtained all necessary permits,and have met with all applicable parties/disciplines,including but not limited to, the Engineer and the Architect,to insure these plans are properly coordinated including, butnot limited to, contract documents, specifications,owner/contractor agreements, building and mechanicalplans, private and public utilities, and other pertinent permitsfor construction.3. Owner and Architect, are responsible for final design andlocation of buildings shown, including an area measured aminimum five (5) feet around any building and coordinatingfinal utility connections shown on these plans.4. Prior to using these plans for construction layout, the usershall contact TCE to ensure the plan contains the mostcurrent revisions.5. These Drawings are specific to the Project and are nottransferable. As instruments of service, these drawings, andcopies thereof, furnished by TCE are its exclusive • •• • • ••• ••••••••••Changes to the drawings may only be made by TCE. Iferrors or omissions are discovered, they shall be brought tothe attention of TCE immediately.6. It is the User's responsibility to ensure this copy containsthe most current revisions.PLANNING ENVIRONMENTAL••••NOTES:Existing ConditionsPlanC1-0111/04/20201" = 30'19-099RMPAAD••••••124 TechnologyPark WaySouth Burlington, Vermont20121001. AERIAL IMAGERY FROM VERMONT CENTER FOR GEOGRAPHIC INFORMATION (2018).2. PLANT INVENTORY BY TRUDELL CONSULTING ENGINEERS LANDSCAPE ARCHITECT, MAY 13, 2019.3. THE LOCATION OF EXISTING UNDERGROUND UTILITIES AND IMPROVEMENTS SHOWN ARE BASED ONRESEARCH, UTILITY PLANS PROVIDED BY OTHERS, AND/OR SURFACE EVIDENCE ENCOUNTERED AND WEREOBTAINED IN A MANNER CONSISTENT WITH THE ORDINARY STANDARD OF PROFESSIONAL CARE AND HAVENOT BEEN INDEPENDENTLY VERIFIED BY THE OWNER OR THE DESIGN ENGINEER. ADDITIONAL UTILITIES NOTSHOWN MAY EXIST. ENGINEER SHALL BE NOTIFIED IF ANY DISCREPANCIES ARE ENCOUNTERED. ACTUALLOCATION OF UNDERGROUND UTILITIES MAY VARY. DIGSAFE MUST BE CONTACTED PRIOR TO ANYEXCAVATION. CALL 1-888-DIG SAFE (344-7233).UNDERGROUND UTILITY LINES SHOWN ARE BASED ON ABOVEGROUND STRUCTURES AND PLANS OF RECORD. ACTUAL LOCATION OF UNDERGROUND LINES MAY VARY.4. THE WETLAND DELINEATION SHOWN ON THIS PLAN WAS PERFORMED ON 08/26/2020, ACCORDING TO••••••••••• ••••••••••••••••• ••• • ••••• ••••• ••••••••••••••••••••••• •• • • ••••••••• •• ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••DELINEATION WAS PERFORMED BY BRITTANY LEBEAU OF TRUDELL CONSULTING ENGINEERS.5. BOUNDARY BASED ON SUBDIVISION PLAT BY TRUDELL CONSULTING ENGINEERS ENTITLED "SUBDIVISION PLAT,TECHNOLOGY PARK, 55 COMMUNITY DRIVE, SO. BURLINGTON, VT" DATED 10/30/14.6. TOPOGRAPHIC INFORMATION SHOWN IS BASED ON FIELD OBSERVATIONS CONDUCTED IN 2007, 2012, 2018,2019 AND 2020.7. TOTAL EXISTING LOT COVERAGE = 47.43%.289PROJECT LOCATIONPreviously-submitted plan SSSSSSSSSSSSS DDDDDDDDDDDDDDDDDDDDDDDDDDDD D D D D DDDDDDD D D DDDDDDW W W W WWWWWWWWWWWWWWWWWWWWWWWWWFOFOFOFOFOFOFOFOFOWWWWWWW WWWWWOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPFDFDFDFDFDFDFDS S S S S UPUPUP(2)UP(2)UP(2)UP(2)UP(2)UP(2)UPUPUPUPCTV CTV CTV CTV CTV UPUPUPUPUPUPUPUPUPUPUPUPCTV CTV CTV CTVCTVCTVCTVUP(2)UP(2)UP(2)UP(2)UT(2)UDUDUDUDUDUDUDUDUDFDFDFD UTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUTUT UT UT UT UT UT UT UT UT UTDDDDD UPS S S S S S S S SSSSSGGGGGGGGGGGG G G GGGGGGGGGGGGS(2)(2)(2)(2)(2)UP(2)UP(2)UP(2)UP(2)UP(2)UP(2)(2)(2)(2)UT(2)DDDDDDDDDDDDDDWWWWD DDCLASS 2WETLANDSHUNPIKE RDKIMBALL AVENUE124 TECHNOLOGY PARKWAYEXISTING BUILDINGCONCRETE SIDEWALKSTORMWATER SYSTEM12" HDPE APPROX.LOCATIONFLAGPOLETECHNOLOGY PARK WAYD D 131114139330132122223532DDDDDDDD50'WETLANDBUFFERFD3513350350349349349348 348 348347 347347346346346 345345345344344344344343343343 342342342 34234134134134134134034034033933933933338338338338338337337337337337337336336 336336336 336335 335335 335335 334334 334334334333333333333332 TECHNOLOGY PARK CAMPUS LLCv. 898 p. 210map slide 510map slide 5414.49 Ac.tax map no. 1260-00200TECHNOLOGY PARK CAMPUS LLC v.898 p. 210map slide 510map slide 5419.10 Ac.TECHNOLOGY PARK CAMPUS LLC v. 898 p. 210map slide 510map slide 5417.90 Ac.tax map no. 1713-00124TECHNOLOGY PARK WAY LLC v. 812 p. 269map slide 5105.00 Ac.TECHNOLOGY PARK CAMPUS LLCv. 898 p. 210map slide 510map slide 5413.98 Ac.TBMTCE POINT #22366"X" TOP OF BOLTELEV.=341.63OVERLAYPROPOSED PARKING EXPANSION(SHOWN SHADED)18'9'24'D0FeetGraphic Scale30 30 60 90 120••••••••VT GridMagnetic99883333303033366 PROPOSED PARKING EXPANSIONPROPOSED PARKING EXPANSIONDDD(SHOWN SHADED)H(SHOWN SHADED)13DDD335335D334DDDDDDDDDDDDDD34DD DDDDDDDDDDDD3333331111111144444444444441111111444444444444411111111333333333333311111113333333333331111111333333333333DDDDDDDDDDDDDDDDDDDDDDDD4437373333388383833339''111111111111111113535DDDDDDDDDDDDDDDDDDDDDDFFFDDDDDDDDDDDDDDDDDDDDW9966DD333363D3333WDWD2)OVERLAYUP(2DOVERLAY UUP(2)D ()UP(2)UPUUCTVUUCTCT)UP(2)0404041134343414Sheet TitleProject TitleUse of These DrawingsScale:Project Number:Date:Drawn By:Project Engineer:Approved By:No. Description Date ByRevisions478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495802 879 6331 | WWW.TCEVT.COMENGINEERING SURVEYNo. 9020CIVILABIGAILA.DER YSTATEOFVERMONT P R O FESSIONALENGINEERLICENSEDField Book:For Local Permitting Only1. Unless otherwise noted, these Drawings are intended forpreliminary planning, coordination with other disciplines orutilities, and/or approval from the regulatory • • •• • ••••• ••••••••••••They are not intended as construction drawings unless notedas such or marked approved by a regulatory authority.2. By use of these drawings for construction of the Project,the Owner represents that they have reviewed, approved,and accepted the drawings, obtained all necessary permits,and have met with all applicable parties/disciplines,including but not limited to, the Engineer and the Architect,to insure these plans are properly coordinated including, butnot limited to, contract documents, specifications,owner/contractor agreements, building and mechanicalplans, private and public utilities, and other pertinent permitsfor construction.3. Owner and Architect, are responsible for final design andlocation of buildings shown, including an area measured aminimum five (5) feet around any building and coordinatingfinal utility connections shown on these plans.4. Prior to using these plans for construction layout, the usershall contact TCE to ensure the plan contains the mostcurrent revisions.5. These Drawings are specific to the Project and are nottransferable. As instruments of service, these drawings, andcopies thereof, furnished by TCE are its exclusive • •• • • ••• ••••••••••Changes to the drawings may only be made by TCE. Iferrors or omissions are discovered, they shall be brought tothe attention of TCE immediately.6. It is the User's responsibility to ensure this copy containsthe most current revisions.PLANNING ENVIRONMENTAL1XX/XX/XX XXXRevisions to Plan••••Overall Site PlanC2-0111/04/20201" = 30'19-099••• •••••AAD••••••124 TechnologyPark WaySouth Burlington, Vermont2012100PROJECT INFORMATIONOWNER: 124 TECHNOLOGY PARK WAY, LLC88 TECHNOLOGY PARK WAY, SUITE 2SOUTH BURLINGTON, VT 05403PHONE: (802) 863-8727ZONE: MIXED INDUSTRIAL/COMMERCIALTOTAL LOT SIZE: 217,800 SF 5.0 ACBUILDING FOOTPRINT: 18,153 SFBUILDING GROSS FLOOR AREA: 54,459 SFTOTAL EXISTING PARKING SPACES FOR APPROVED OFFICE: 191ACCESSIBLE SPACES: 6FUEL EFFICIENT VEHICLE SPACES: 9BICYCLE SPACES: 10TOTAL PROPOSED PARKING SPACES: 250LOT COVERAGE:EXISTINGPROPOSEDBUILDING: 8.33% 8.33%ALL IMPERVIOUS: 44.5% 53.5%FRONT YARD: 16.3% 16.3%289PROJECT LOCATIONPROJECT AREAPreviously-submitted plan DDDDD D D D D D D D D D DDDDDDDDDDDDDWWWWWWWWWWWFDFDFDFDFDFDFDFDFDFDFDFDFDUP(2)UP(2)UP(2)UP(2)UP(2)CB #11RIM=337.08iIN(15)=334.03iOUT(18SW)=333.33iOUT(12W)=????SUMP=330.5815" HDPE 28" PVCTBMTCE POINT #22366"X" TOP OF BOLTELEV.=341.6312" HDPED 131114131335DDDDDDDDDDDDDDDDDDDDDDDDDDDCONCRETE BLOCKRETAINING WALLT.W. = 338.5B.W. = 335.0T.W. = 337.8B.W. = 333.5T.W. = 337.8B.W. = 333.0T.W. = 339.0B.W. = 337.0FDFDFDFDFDSILT FENCE (TYP.)LIMITS OF DISTURBANCE (0.60 AC)STORMFILTERRIM = 338.0iIN (12) = 333.17iOUT (12) = 332.42DMH #2ARIM = 338.6iIN (12N) = 334.8iIN (12S) = 333.4iIN (18NE) = 333.4iOUT (18W) = 333.37SUMP = 329.37DEEP SUMP PRE-TREATMENTCB #2ARIM = 337.4iOUT (12) = 334.67SUMP = 330.67DMH #1ARIM = 339.4iIN (8S) = 334.02ASSUMEDiIN (12SW) = 333.88iOUT (12N) = 333.85iOUT (12W) = 334.60SUMP = 331.85iOUT (18SW) = 333.65iOUT (12W) = 334.65DEEP SUMP TREATMENTCB #1ARIM = 338.2iOUT (12) = 335.2SUMP = 331.2CO #1i = 334.2341339338337336336 335334333tax map no. 1713-00124TECHNOLOGY PARK WAY LLC v. 812 p. 269map slide 5105.00 Ac.TBMTCE POINT #22366"X" TOP OF BOLTELEV.=341.6312" HDPE S=0.00518'9'24'CONCRETE CURB(TYPICAL)12" HDPE S=0.005SAWCUTSAWCUT12" HDPE12" HDPE S=0.005CONCRETE CURBTO BE REPLACEDIF NEEDED18" HDPE S=0.005DDDD12" HDPE S=0.005D18" HDPESAWCUTSAWCUTINSTALL TREEPROTECTIONINSTALL TREE PROTECTION0FeetGraphic Scale10 10 20 30 40••••••••VT GridMagneticSheet TitleProject TitleUse of These DrawingsScale:Project Number:Date:Drawn By:Project Engineer:Approved By:No. Description Date ByRevisions478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495802 879 6331 | WWW.TCEVT.COMENGINEERING SURVEYNo. 9020CIVILABIGAILA.DER YSTATEOFVERMONT P R O FESSIONALENGINEERLICENSEDField Book:For Local Permitting Only1. Unless otherwise noted, these Drawings are intended forpreliminary planning, coordination with other disciplines orutilities, and/or approval from the regulatory • • •• • ••••• ••••••••••••They are not intended as construction drawings unless notedas such or marked approved by a regulatory authority.2. By use of these drawings for construction of the Project,the Owner represents that they have reviewed, approved,and accepted the drawings, obtained all necessary permits,and have met with all applicable parties/disciplines,including but not limited to, the Engineer and the Architect,to insure these plans are properly coordinated including, butnot limited to, contract documents, specifications,owner/contractor agreements, building and mechanicalplans, private and public utilities, and other pertinent permitsfor construction.3. Owner and Architect, are responsible for final design andlocation of buildings shown, including an area measured aminimum five (5) feet around any building and coordinatingfinal utility connections shown on these plans.4. Prior to using these plans for construction layout, the usershall contact TCE to ensure the plan contains the mostcurrent revisions.5. These Drawings are specific to the Project and are nottransferable. As instruments of service, these drawings, andcopies thereof, furnished by TCE are its exclusive • •• • • ••• ••••••••••Changes to the drawings may only be made by TCE. Iferrors or omissions are discovered, they shall be brought tothe attention of TCE immediately.6. It is the User's responsibility to ensure this copy containsthe most current revisions.PLANNING ENVIRONMENTAL1XX/XX/XX XXXRevisions to Plan••••Site PlanC2-0211/04/20201" = 10'19-099RMPAAD••••••124 TechnologyPark WaySouth Burlington, Vermont2012100289PROJECT LOCATIONPreviously-submitted plan 666666666666666'''''''''''''''''''''''''' ' ''''''':::::::::::::::::::)2 )2 )2 )2 )2)2)2)2)2)2)2)2)2)2)2)2)2)2)2)2)2)2)2)2::::::::2+32+32+32+32+32+32+32+32+32+32+32+32+32+32+32+32+32+32+32+383 83 83 83 83 83 83 83 83 83 83 83 83 83 )')')')')')')')0)0 )0 )0 )0 )0 )0 )0 6 6 83838383)2 )2 )2 )2 )2 )2 )2 )2 )2 )2 )2 )2 )2 )2 )283838383838383838383&79 &79 &79 &79 &79 838383838383838383838383&79 &79 &79 &79&79&79&7983838383878')')')'8787878787878787878787878787878787878787 87 87 87 87 87 87 87 87 876 6 6 6 6 66*******************683838383838387'''''''''*&/$66:(7/$1'&/$66:(7/$1'.,0%$//$9(18(&20081,7<'5,9 (7(&+12/2*<3$5.:$<(;,67,1*%8,/',1*+'3(7(&+12/2*<'''''''' :(7/$1'%8))(5''''''''''''''')2)' '&/$66,,:(7/$1'%8))(5,03$&764)7$&5(6&/$66,,:(7/$1'7(0325$5<%8))(5,03$&7)253/$17,1*664)7$&5(622)2222)2)2)2)22&/$66,,:(7/$1'(1+$1&(0(173/$17,1*664)7$&5(6&/$66,,:(7/$1'(1+$1&(0(173/$17,1*664)7$&5(6%28/'(56$1'256,*1663$&(' 21&(17(5)25'(0$5&$7,212):(7/$1'%8))(5$1'1202:=21(*76565,9,90$)$)&66-6$5//$)066$43//$*&6&6$*$*&6&5$*6-6,9&/$66,,:(7/$1'7(0325$5<%8))(5,03$&7)253/$17,1*664)7$&5(6&/$66,,:(7/$1',03$&764)7$&5(6&/$66,,:(7/$1',03$&7$&5(664)7&/$66,,:(7/$1'%8))(5,03$&7$&5(664)7&/$66,,7(0325$5<:(7/$1'%8))(5,03$&7$&5(664)7&/$66,,:(7/$1'(1+$1&(0(17$&5(664)7&/$66,,:(7/$1'%8))(5(1+$1&(0(17$&5(664)7:(7/$1' %8))(5,03$&7)HHW*UDSKLF6FDOH 97*ULG0DJQHWLF6KHHW7LWOH3URMHFW7LWOH8VHRI7KHVH'UDZLQJV6FDOH3URMHFW1XPEHU'DWH'UDZQ%\3URMHFW(QJLQHHU$SSURYHG%\1R'HVFULSWLRQ 'DWH %\5HYLVLRQV)LHOG%RRN8QOHVVRWKHUZLVHQRWHGWKHVH'UDZLQJVDUHLQWHQGHGIRUSUHOLPLQDU\SODQQLQJFRRUGLQDWLRQZLWKRWKHUGLVFLSOLQHVRUXWLOLWLHV DQGRU DSSURYDO IURP WKH UHJXODWRU\ DXWKRULWLHV¬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¬&KDQJHV WR WKH GUDZLQJV PD\ RQO\ EH PDGH E\ 7&( ,IHUURUVRURPLVVLRQVDUHGLVFRYHUHGWKH\VKDOOEHEURXJKWWRWKHDWWHQWLRQRI7&(LPPHGLDWHO\,WLVWKH8VHU VUHVSRQVLELOLW\WRHQVXUHWKLVFRS\FRQWDLQVWKHPRVWFXUUHQWUHYLVLRQV $/':HWODQG5HVWRUDWLRQ$UHD¬¬:HWODQG,PSDFW3ODQ( 503$$'¬¬¬7HFKQRORJ\3DUN:D\6RXWK%XUOLQJWRQ9HUPRQW289352-(&7/2&$7,21/$1'6&$3,1*3/$17,1*6&+('8/(127(6 %$5(5227:(7/$1'$1':(7/$1'%8))(53/$17,1*63(&,(60$<%(68%67,787('$6$33529('%<(1*,1((5 3/$17672%(*5283(',1&/867(562)2)7+(6$0(3/$1763(&,(6:,7+*52836',675,%87('81,)250/<7+528*+2877+(3/$17,1*=21( 7+(:(7/$1''(/,1($7,216+2:217+,63/$1:$63(5)250('216(37(0%(5$&&25',1*7267$1'$5'62)7+(86$50<&25362)(1*,1((56:(7/$1''(/,1($7,210$18$/$1'7+(1257+($675(*,21$/6833/(0(17¬7+,6'(/,1($7,21:$63(5)250('%<%5,77$1</(%($82)758'(//&2168/7,1*(1*,1((56Revised plan Application Submittal Instructions If submitting via US post, include a check in the correct fee amount made payable to the “State of Vermont,” and a CD for applications that contain large files (1 MB or greater). Mail to:Vermont Wetlands Program Watershed Management Division National Life Drive,'DYLV Montpelier, VT 05620-3522 Applications can also be submitted via email to the following address:anr.wsmdwetlands@YHUPRQWJRY If submitting via email, please mail a check in the correct fee amount, made payable to the “State of Vermont,” and a copy of the Vermont Wetlands Program Application Database Form (this page) to the address provided above.It is not necessary to mail in a copy of the complete application. Applicant Name: Application Preparer Name: Town where project is located: County: Span#:$VIRXQGRQ\RXUSURSHUW\WD[ELOOVermont Wetlands Project (VWP)# if Known: Project Location Description: 911 street address or direction from nearest intersection Brief Project Summary: 3URMHFW&RQWDLQV:After the Fact:HWODQG,PSDFWV Wetland DeterminationV ([LVWLQJ/DQG8VH Type(s):(Check all that apply)Residential (single family)Residential (subdivision)Undeveloped Proposed Land Use Type(s): (Check all that apply)Residential (single family) Residential (subdivision) Undeveloped Agriculture Transportation Forestry Parks/Rec/Trail Institutional Industrial/Commercial (Check all that apply)Buildings Utilities Parking Septic/Well Stormwater Driveway Park/Path Agriculture Pond Lawn Dry Hydrant Beaver Dam Alteration Silviculture Road Aesthetics No Impact Other:_______________________ (Check all that apply)Dredge Drain Cut Vegetation Stormwater Wetland Improvements Buffer Zone Improvements Reason for Improvements Restoration: s.f. Restoration: s.f.Correction of Violation Creation: s.f. Creation: s.f.To offset permit impacts Enhancement: s.f. Enhancement: s.f.Voluntary Conservation: s.f. Conservation: s.f. 3URSRVHG,PSDFWVFee Calculations:Round to the nearest square foot. Fees will auto-calculate. 3URSRVHG Wetland Impact (minus linear clearLQJ) square feet (s.f.) &DOFXODWHGDW$0.75SHUVTXDUHIRRW $ 3URSRVHG Wetland Clearing (qualified linear projects only) square feet (s.f.) &DOFXODWHGDW$0.25SHUVTXDUHIRRW $ &DOFXODWHGDW$0.25SHUVTXDUHIRRW 3HUPDQHQW6WUXFWXUHIRU)DUPLQJ (0D[LPXP fee of $00.000LQLPXP)$ Minimum 5HYLHZ Fee: ($50.00) Required when total impact fee is less than $50.00 $ $GPLQLVWUDWLYH)HH Total)HH Amount: Vermont Wetlands Program Permit Application Database Form 6LQJOH:HWODQG Under Sections 8 and 9 of the Vermont Wetland Rules @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ VWP IP Single Wetland Application -XQH Page 1 1RSDUWLDOUHIXQGVZKHQ UHGXFLQJSURMHFWVFRSH &URSODQG&RQYHUVLRQ0DQXUH3LSHOLQH :DWHU4XDOLW\,PSURYHPHQW3URMHFW :DVWH6WRUDJH)DFLOLW\%XQNHU6LOR 0D[LPXPIHHRI0LQLPXP 0D[LPXPIHHRI0LQLPXP 0D[LPXPIHHRI0LQLPXP Make Checks Payable to: State of Vermont Industrial/Commercial Institutional Parks/Rec/TrailForestry Transportation Agriculture Trench/Fill Other:_______________________________ Wetland Delineation Date(s): 3URSRVHG Buffer Zone Impact square feet (s.f.) $ $IWHUWKH)DFW,PSDFWV )HHCalculations:WRFRUUHFWDYLRODWLRQRound to the nearest square foot. Fees will auto-calculate. square feet (s.f.) After The Fact Wetland Impact $ $IWHU7KH)DFWWetland Clearing $IWHU7KH)DFW%XIIHU,PSDFW square feet (s.f.) square feet (s.f.) &DOFXODWHGDW.5SHUVTXDUHIRRW &DOFXODWHGDW.5SHUVTXDUHIRRW &DOFXODWHGDW.SHUVTXDUHIRRW $ $ $ $ &KHFN%R[HVIRU0D[LPXPIHH$FWLYLWLHVAdditional Fees 7RWDO,PSDFWHG$UHDsquare feet (s.f.) 7RWDO5HYLHZ)HH$ 3URSRVHG,PSDFW7\SHV :HWODQGDQG%XIIHU,PSDFW7\SH 7RWDO:HWODQG,PSDFW 7RWDO%XIIHU,PSDFW 124 Technology Park Way, LLC Andrea Dotolo & Brittany LeBeau South Burlington Chittenden 608-188-17712 124 Technology Park Way South Burlington, VT The project proposes to add an additional 59 parking spaces to meet the need of a tenant for 124 Technology Park Way. ■ ■ ■ ■ ■ ■ 8/26/2020 22235 14115 ■ 1585 1,188.75 0.00 13939 3,484.75 0.00 0.00 240.00 4,913.50 0.00 0.00 0.00 0.00 0.00 0.00 15,524 4,673.50 1585 13939 Vermont Individual Wetland Permit Application and Determination Petition Under Sections 8 and 9 of the Vermont Wetland Rules Refund Policy If an application is modified, withdrawn or denied after technical review has commenced, all fees are retained. If an application is withdrawn prior to administrative review, all fees will be refunded. If an application is withdrawn after administrative review but prior to commencement of technical review, deemed administratively incomplete and returned to the applicant, or determined that a permit is not required; administrative fees are retained, and permit application review fees will be refunded. By checking this box, the applicant certifies that they have read and understands the refund policy Applicant Information:If the applicant is someone other than the landowner, the landowner information must be included below Applicant Name: Address:City/Town: State Zip: Phone Number:Email Address: (Required to receive notices via Environmental Notice Bulletin) Applicant Certification: By signing this application, you are certifying that all information contained within is true, accurate, and complete to the best of your knowledge. By checking this box, the applicant certifies that all adjoining landowners have been provided an official notice via US mail prior to the submission of this application Applicant Signature:Date: Landowner Information:Landowner must sign the application. If landowner is different from the applicant this section must be filled out Check this box if landowner is the same as the applicant Landowner Name: Address:City/Town State: Zip: Phone Number: Email Address: (Required to receive notices via Environmental Notice Bulletin) 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. Describe the nature of the agreement or easement in the space provided below: Landowner Certification: By signing this application, you are certifying that all information contained within is true, accurate, and complete to the best of your knowledge. Original signature is required. Landowner Signature:Date: Application Preparer Information:Consultant, engineer, or other representative that is responsible for filling out the application, if other than the applicant or landowner. Application Preparer Name: Address:City/Town State: Zip: Phone Number: Email Address: (Required to receive notices via Environmental Notice Bulletin) Application Preparer Certification: By signing this application, you are certifying that all information contained within is true, accurate, and complete to the best of your knowledge. Original signature is required. Application Preparer Signature: Date: VWP IP Single Wetland Application Page 2 124Technology Park Way, LLC 88 Technology Park Way, Suite 2 South Burlington VT 05403 (802)863-8727 jillick@vermonttechnologypark.com Andrea Dotolo 478 Blair Park Road Williston VT 05495 (802) 879-6331 andrea.dotolo@tcevt.com March31 03/03/2021 x x South Burlington VT I FGF, LLC One North Wacker Drive, Suite 4025 IL 60606 (202) 807-4202 RGerrety@boydwatterson.com 03/03/2021 1.Location of wetland and project: Location description should include the road the wetland is located on, the compass direction of the wetland in relation to the road, 911 street address if available, and any other distinguishing features. 2. Site visit date(s) and attendees: A site visit is UHTXLUHGbefore the application can be called complete 2.1 Date of Visit(s) with State District Wetland Ecologist 2.2. List of people present for site visit(s) including Ecologist, landowner, and representatives. 3. Wetland Classification: If the wetland is presumptive,QRWPDSSHG\RXDUHUHTXLUHGWRILOOout section 21 3.1. The wetland is a Class II wetland because: 3.2. Section 4.6 Presumption If the wetland meets the Section 4.6 Presumption, it does so primarily because: 4. Description of the Entire Wetland: Answer the following questions regarding the entire wetland, which includes all wetland areas connected to the wetland proposed for impact. Answers may be estimates based on desktop review when the wetland extends past the investigation area (parcel boundary). Specific questions about the wetland in the project area will follow. 4.1. Size of Complex in Acres: The size of the complex can be obtained from the Wetland Inventory Map for mapped wetlands, or best estimation based on review of aerial photography or site visit. This is not the size of the of the delineated wetland on the subject property unless the entirety of the wetland is represented in the delineation. 4.2. Vegetation Cover Types Present: List all wetland types in the wetland or wetland complex and their percent cover. For example: 50 acres of softwood forested swamp; or 30% scrub swamp, 70% emergent wetland 4.3. Landscape Position: Where is the wetland located on the landscape? For example: Bottom of a basin, edge of a stream, shore of a lake, etc. 4.4. Hydrology: Describe the main source of water for the entire wetland. List any river, stream, lakes, or ponds VWP IP Single Wetland Application -XQH Page 3 124 Technology Park Way; west of the existing parking lot and east of Community Drive. 09/04/2020 Brittany LeBeau - TCE; Julie Follensbee The wetland meets the presumption of significance a. Wetland is of the same type and threshold size as those mapped on VSWI maps; or greater than 0.5 acres. <Choose One> <Choose One> Based on information obtained from the Wetland Inventory Map as well as ground-truthing methods, the wetland complex is approximately 2.2 acres in size. 100% palustrine emergent The subject wetland is located on a terrace above and east of Potash Brook. These wetlands are not directly connected to Potash Brook, but support stormwater runoff, surface water and ground water that discharge into Potash Brook. The wetland is supported by a combination of surface water and ground water that flows east to west across the property on a terrace above Potash Brook. 4.4.1. Direction of Flow: For example: Stream flows from north to south through the wetland complex, or the wetland drains generally to the southwest. 4.4.2. Influence of Hydrology on the Entire Wetland: For example: The river provides floodwater to the wetland in the spring. 4.4.3. Relation of Entire Wetland to the Project Area: The distance between the project area and any nearby surface waters 4.4.4. Entire Wetland Hydroperiod: Discuss the frequency and duration of flooding, ponding, and/or soil saturation 4.5. Surrounding Land Use of the Entire Wetland: For example: Rural residential and forested; Agricultural and undeveloped 4.6. Relation of the Entire Wetland to Other Nearby Wetlands: Provide any information on wetlands or wetland complexes that are close enough to contribute to the overall function of the wetland in question. 4.7. Pre-project Cumulative Impacts to the Entire Wetland: Identify any cumulative ongoing impacts outside of the proposed project that may influence the wetland. Examples include but are not limited to: Wetland encroachments on and off the subject property, land use management in or surrounding the wetland, or development that influences hydrology or water quality. List any past Vermont Wetland Permits or CUD’s related to thisproperty. VWP IP Single Wetland Application -XQH Page 4 The wetland generally flows east to west across the property towards Potash Brook. Surface water from the stormwater treatment wetland provides hydrologic support to the wetland during wetter portions of the growing season. The project area is located east and above Potash Brook. Soil saturation is present for a majority of the growing season and ponding may occur during wetter portions of the growing season. Land use is a combination of transportation (Technology Park Way, Kimball Avenue, and Community Drive) and commercial. The subject wetland is approximately 400 feet east of the wetland complexes associated directly with Potash Brook. Pre-project cumulative impacts involve the surrounding development that has occurred over the course of many years. The construction of Kimball Ave, Community Drive, and the Technology Park development has affected the larger wetland complex. In 2001, CUD 1996-131 was issued (subsequently extended) for the construction of the existing development on Lot 2 within the 50-foot wetland buffer of the Class II wetland. Buffer impacts related to grading berms and stormwater basins associated with the Lot 2 development were permitted on Lot 1. Further, the subject wetland was permitted as a dry detention pond for stormwater treatment of runoff from Lots 2 and 3 of Technology Park and is drained via an outlet structure at the west side of the wetland. Condition G of CUD 1996-131 5. Description of Subject Wetland and Buffer: Subject wetland is defined as the area of wetland in the project vicinity, but not limited to the portion of the wetland to be directly impacted by the project. For the purposes of this application, the subject wetland should encompass any portion of the wetland that could either be directly or indirectly impacted by the project, as defined by chemical, physical, or biological characteristics. This may include the entire wetland area, or wetland area off property. For multiple wetlands, fill out the multiple wetlands table. 5.1. Context of Subject Wetland: Describe where the subject wetland is in the context of the entire wetland described in section 4 above. For example: Upslope, narrow eastern “finger”, 400 ft. from open water portion. 5.2. Subject Wetland Land Use: For example: Mowed lawn, old field, naturally vegetated. Describe any previous and ongoing disturbance in the subject wetland. 5.3. Subject Wetland Vegetation: List dominant wetland vegetation cover type and associated dominant plant species. 5.4. Subject Wetland Soils: Use the USDA NRCS information where possible and use the ACOE Delineation Manual soil description 5.5. Subject Wetland Hydrology: Use the description from the ACOE Delineation Manual 5.6. Buffer Zone: Describe the buffer zone of the subject wetland (50-foot envelope of land adjacent to wetland boundary). 5.6.1. Buffer Land Use: For example: Mowed shoulder, forested, old field, paved road, and residential lawns, etc. Describe any previous and ongoing disturbance in the buffer zone. 5.6.2. Buffer Vegetation: List the vegetation cover type and dominant plant species. VWP IP Single Wetland Application -XQH Page 5 The subject wetland is located in a concave depression between a large berm, Kimball Avenue and Technology Park Lot 2 development, and is connected to Potash Brook via an approximately 125' long culvert beneath the berm to a pocket wetland to an approximately 90' culvert beneath Community Drive to a wetland adjacent to Potash Brook. The subject wetland land use is stormwater treatment and mowed lawn. Emergent wet meadow dominated by reed canary grass (Phalaris arundinacea) and creeping bentgrass (Agrostis stolonifera). The USDA NRCS soil type is Hinesburg fine sandy loam, 3 to 8 percent slopes and Covington silty clay. The ACOE soil description is Depleted Matrix (F3). Subject wetland hydrology is Oxidized Rhizospheres on Living Roots (C3). Wetland buffer land use is a mowed berm to the west, mowed lawn to the south, paved parking lot/building associated with Technology Park Way to the east, and Kimball Ave to the north. Emergent meadow dominated by reed canary grass (Phalaris arundinacea), red clover (Trifolium pratense), white clover (Trifolium repens), and Kentucky bluegrass (Poa pratensis). 5.6.3. Buffer Soils: Use USDA NRCS information where possible, and the ACOE Delineation Manual soil description. 6. Entire Wetland Function and Value Summary (as defined in the Vermont Wetland Rules Section 5): Check which functions are present in the entire wetland Flood/Storm Storage RTE Species Surface & GroundwaterProtection Education & Research Fish Habitat Recreation/Economic Wildlife Habitat Open Space/Aesthetics Exemplary Natural Community Erosion Control Functions and Values: For each function and value: 1.Evaluate the entire wetland and check all that apply. Use Wetland Inventory Maps for offsite areas 2.Evaluate how the wetland in the project area contributes to thefunction. 3.Explain how the project will not result in adverse impacts to thefunction. Include any information on specific avoidance and minimization measures. 7. Water Storage for Flood Water and Storm Runoff Function is present and likely to be significant: Any of the following physical and vegetative characteristics indicate the wetland provides thisfunction Constricted outlet or no outlet and an unconstructedinlet. 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 andtranspiration. If a stream is present, it’s course is sinuous and there is sufficient woody vegetation to intercept surface flows in the portion of the wetland thatfloods. Physical evidence of seasonal flooding or ponding such as water stained l eaves, water marks on trees, drift rows, debris deposits, or standingwater. Hydrologic or hydraulic study indicates wetland attenuatesflooding 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 this 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 beaverimpoundment). Wetland is contiguous to a major lake or pond that provides storage benef its 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 functioncumulatively. VWP IP Single Wetland Application -XQH Page 6 The USDA NRCS soil type is Hinesburg fine sandy loam, 3 to 8 percent slopes and Covington silty clay. Water Storage for Flood Water and Storm Runoff Continued… Check this box if any of the following conditions apply that may indicate the wetland provides this function at a higher level. History of downstream flood damage to public or privateproperty. Any of the following conditions present downstream of the wetland, but upstream of a major lake or pond, could be impacted by loss or reduction of the water storagefunction. Developed public or privateproperty Stream banks susceptible to scouring anderosion Important habitat for aquaticlife The wetland is large in size and naturallyvegetated. Any of the following conditions present upstream of the wetland may indicate a large volume of runoff may reach thewetland. A large amount of impervious surface in urbanizedareas. Relatively impervioussoils. Steep slopes in the adjacent areas. 7.1 Subject Wetland Contribution to Water Storage: Explain how the subject wetland contributes to the function listed above 7.2 Statement of No Undue Adverse Impact to Water Storage for Flood Water and Storm Runoff: Explain how the proposed project will not result in any undue, adverse impact to this function. Include any avoidance, minimization, and compensation measures relevant to this function. VWP IP Single Wetland Application -XQH Page 7 The subject wetland provides water storage for flood and stormwater runoff because of its large size and concave topography which allows for a greater holding capacity. The wetland is approximately 4' below the top of the berm to the west and existing development to the north and east. This project will not cause undue adverse impact to this function as the proposed impact is minimal in comparison to the overall storage capacity of the wetland and stormwater treatment and storage for the expanded impervious and all existing impervious draining to the existing stormwater wetland will be improved. This drainage area contains 2.60 ac of impervious area (0.45 ac new and 2.15 ac existing) and is proposed to have improved pre-treatment and water quality treatment through subsurface pipe storage and treatment in a water quality treatment device called the StormFilter. 8. Surface and Ground Water Protection: Function is present and likely to be significant: Any of the 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. 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 this box if any of the following conditions apply that may indicate the wetland provides 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 this box if any of the following conditions apply that may indicate the wetland provides 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 water.&KHFN$15$WODV The wetland contributes to the protection or improvement of water quality of any impaired waters. The wetland is large in size and naturally vegetated. VWP IP Single Wetland Application -XQH Page 8 8.1. Subject Wetland&RQWULEXWLRQWR:DWHU3URWHFWLRQ: Explain how the subject wetland contributes to the function listed above. 8.2. Statement of No Undue Adverse Impact to Surface and Ground Water Protection: Explain how the proposed project will not result in any undue, adverse impact to this function. Include any avoidance, minimization, or compensation measures relevant to this function. 9. 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 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 Kabitat 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. 9.1. Subject Wetland&RQWULEXWLRQWR)LVK+DELWDW: Explain how the subject wetland contributes to the function listed above. 9.2. Statement of No Undue Adverse Impact to Fish Habitat: Explain how the proposed project will not result in any undue, adverse impact to this function. Include any avoidance, minimization, or compensation measures relevant to this function. VWP IP Single Wetland Application -XQH Page 9 The subject wetland contributes to surface and ground water protection because of its large size and position in the landscape as it abuts a heavily trafficked road and receives runoff from Lots 2 and 3 of Technology Park. The wetland is within the Potash Brook watershed which is stormwater impaired. This will not cause undue adverse impact to this function impacts are minimal in comparison to the overall wetland (approximately 4%) and stormwater treatment and storage for the new impervious and all existing impervious draining to the stormwater wetland is proposed to be improved. This drainage area contains about 2.60 ac of impervious area (0.45 ac new and 2.15 ac existing) and is proposed to have improved pre-treatment and water quality treatment from the existing system through subsurface detention and treatment in a StormFilter. 10. 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 common loon. Supports winter habitat for white-tailed deer. Good habitats for thLV species include softwood swamps. Evidence of use includes browsing, bark stripping, worn trails, or pellet piles. Provides important feeding habitat for black bear, bobcat, or m oose 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 thHVH 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 Xncommon Vermont amphibian species including: Wood Irog, Jefferson Valamander,Elue-spotted Valamander, or Vpotted Valamander. Breeding habitat for these species includes vernal pools and sm all ponds. Northern Gusky Valamander and the Vpring Valamander. Habitat for these species includes headwater seeps, springs, and streams. The Iour-Woed Valamander, Fowler’s Woad,Zestern or Eoreal Fhorus Irog, or other amphibians, found in Vermont of similar significance. Supports or has the habitat to support populations of Vermont amphibian species including, but not Oimited to,Sickerel Irog,Qorthern Oeopard Irog,Pink Irog, and others found in Vermont of similar Vignificance. Good habitat for these types of species include large marsh systems with open wateUFomponents. Supports or has the habitat to support populations of uncommon Vermont reptile species including: Zood Wurtle,Qorthern Pap Wurtle,Hastern Pusk Wurtle,Vpotted Wurtle,Vpiny Voftshell,Hastern Uibbonsnake,Qorthern Zatersnake, and others found in Vermont of similar significance. Supports or has the habitat to support significant populations of Vermont reptile species, including Vmooth Jreensnake, DeKay’s Erownsnake, or other more common wetland-associated species. Meets four or more of the following conditions indicative of wildlife habitat diversity: Three or more wetland vegetation classes (greater than 1/2 acre) present including but not VWP IP Single Wetland Application -XQH Page 10 Wildlife Habitat Continued… limited to: open water contiguous to, but not necessarily part of, the wetland, deep marsh, shallow marsh, shrub swamp, forested swamp, fen, or bog. The dominant vegetation class is one of the following types: deep marsh, shallow marsh, shrub swamp or, forested swamp. Located adjacent to a lake, pond, river or stream. Fifty percent or more of surrounding habitat type is one or more of the following: forest, agricultural land, old field or open land. Emergent or woody vegetation occupies 26 to 75 percent of wetland, the rest is open water. One of the following: Hydrologically connected to other wetlands of different dominant classes or open water within 1 mile. Hydrologically connected to other wetlands of same dominant class within 1/2 mile. 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. 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. The wetland 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. VWP IP Single Wetland Application -XQH Page 11 10.1. Subject Wetland&RQWULEXWLRQWR:LOGOLIH+DELWDW)XQFWLRQV: Explain how the subject wetland contributes to the function listed above. 10.2. Statement of No Undue Adverse Impact to Wildlife Habitat: Explain how the proposed project will not result in any undue, adverse impact to this function. Include any avoidance, minimization, or compensation measures relevant to this function. 11. Exemplary Wetland Natural Community Function is present and likely to be significant: Any of the 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: 11.1. Subject Wetland3UR[LPLW\WR([HPSODU\1DWXUDO&RPPXQLWLHV 11.2. Statement of No Undue Adverse Impact to Exemplary Wetland Natural Community: Explain how the proposed project will not result in any undue, adverse impact to this function. Include any avoidance, minimization, or compensation measures relevant to this function. VWP IP Single Wetland Application -XQH Page 12 12. Rare, Threatened, and Endangered Species Habitat: Function is present and likely to be significant: Any of the 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: 12.1. Subject Wetland&RQWULEXWLRQWR57(+DELWDW: Explain how the subject wetland contributes to the function listed above. 12.2 Statement of No Undue Adverse Impact to Rare, Threatened, or Endangered Species Habitat: Explain how the proposed project will not result in any undue, adverse impact to this function. Include any avoidance, minimization, or compensation measures relevant to this function. VWP IP Single Wetland Application -XQH Page 13 13. Education and Research in Natural Sciences: Function is present and likely to be significant: Any of the 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. 13.1. Subject Wetland Education and Research Potential: Explain how the subject wetland contributes to the function listed above. 13.2 Statement of No Undue Adverse Impact to Education and Research in Natural Sciences: Explain how the proposed project will not result in any undue, adverse impact to this value. Include any avoidance, minimization, or compensation measures relevant to this value. 14. Recreational Value and Economic Benefits: Function is present and likely to be significant: Any of the 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: 14.1. Subject Wetland Recreational and Economic Value: Explain how the subject wetland contributes to the value listed above. 14.2. Statement of No Undue Adverse Impact to Recreational Value and Economic Benefits: Explain how the proposed project will not result in any undue, adverse impact to this value. Include any avoidance, minimization, or compensation measures relevant to this value. VWP IP Single Wetland Application -XQH Page 14 15. 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: 15.1.Subject Wetland Aesthetic Value: Explain how the subject wetland contributes to the value listed above. 15.2. Statement of No Undue Adverse Impact to Open Space and Aesthetics: Explain how the proposed project will not result in any undue, adverse impact to this value. Include any avoidance, minimization, or compensation measures relevant to this value. 16. Erosion Control Through Binding and Stabilizing Function is present and likely to be significant: Any of the following physical and vegetative characteristics indicate the wetland provides this function. Erosive forces such as wave or current energy are present 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 VWP IP Single Wetland Application -XQH Page 15 Erosion Control Through Binding and Stabilization Continued... 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 rivercorridor. 16.1. Subject Wetland Contribution to Erosion Control: Explain how the subject wetland contributes to the function listed above. 16.2. Statement of No Undue Adverse Impact to Erosion Control: Explain how the proposed project will not result in any undue, adverse impact to this function. include any avoidance, minimization, or compensation measures relevant to this function. 17. Project Description: 17.1. Overall Project Purpose: Description of the basic project and why it is needed. Partial projects with no clear purpose will not be accepted. For example:PXOWL-lot residential subdivision; expansion of an existing commercial building, building a single-family residence. 17.2. Description of Project Component Impacting Wetland or Buffer: Explain in general terms which portions of the project will impact wetlands or buffer zones. For example: Cross the wetland with a driveway to construct a residential subdivision, upgrade existing road through buffer to improve access, extend a trail system. VWP IP Single Wetland Application -XQH Page 16 The project proposes a parking expansion of 59 parking spaces for use by the tenant of the office building on Lot 2. Additionally, the project proposes stormwater upgrades and revised landscaping per local and state regulations. The proposed parking expansion and retaining wall extends into the wetland and wetland buffer around the existing stormwater treatment wetland to provide the additional 59 parking spaces in a compact location.A stormwater water quality treatment device called the StormFilter is proposed below the parking within the buffer and a section of the 42" subsurface pipe storage extends into the buffer below the parking lot. The StormFilter will discharge to the same outlet location as the existing stormwater treatment wetland. 17.3. Acreage of Parcel(s) or Easements(s): Acreage of subject property. 17.4. Acreage of Project Area: Acreage of area involved in the project. 18. Project Details: Provide details regarding specific impacts to the wetland and buffer zone. 18.1. Specific Impacts to Wetland and Buffer Zone Dimensions: List portions of the project that will specifically impact the wetland or buffer zone and their dimensions. For example:driveway crossing with 16’ wide fill; installation of buried sewer force main with 5’ trench Including fill footprint; addition of Stormwater outfall which directs flow to northern portion of wetland 18.2. Bridges and Culverts: Culvert circumference, length, placement and shapes, or bridge details. List any stream alteration permits that are required or obtained where perennial streams or rivers are involved. 18.3. Construction Sequence: Describe any details pertaining to the work planned in the wetland and buffer in terms of sequence or phasing that is relevant. Describe the construction limits of disturbance, how those will be marked, and check to ensure these are shown on the site plans as well. 18.4. Stormwater Design** List any stormwater permits obtained or applied for. Describe stormwater and/or erosion controls proposed. ** Erosion prevention is required to prevent sediment from entering the wetland. 18.5. Permanent Demarcation of Limit of Impacts** Describe any boulders, fencing, signage, or other memorialization that provides permanent on-the-ground boundaries for the limits of disturbance for ongoing uses.**Permanent demarcations are reTuired for projects with ongoing activities in or near wetlands or buffer zones such as houses, yards, woody clearing or parking areas, and needs to be depicted on the site plans. VWP IP Single Wetland Application -XQH Page 17 4.89 acres Approximately 1.0 acres The construction of additional parking spaces, subsurface stormwater treatment including a StormFilter and 42" pipe subsurface storage, and the retaining wall will impact approximately 10,865 square feet of Class II wetland buffer and 1,585 square feet of Class II wetland. Temporary buffer impacts of 3,074 SF for the construction of the retaining wall and installation of landscaping trees are also proposed. No bridges or culverts are proposed with this project. The outlet of the subsurface storage and StormFilter is proposed to discharge in the same location as the existing stormwater wetland outfall within the buffer. Additionally, a footing drain and overflow stormwater pipe are proposed to discharge south of the proposed parking as approved in the original 124 Technology Park way approval. The limits of disturbance will be marked with barrier tape and silt fence installed between the barrier tape and proposed disturbance. Trees proposed for removal will then be removed and properly disposed of outside the wetland and buffer. The stormwater treatment wetland will be drained and the proposed parking expansion area will be leveled. Subsurface stormwater treatment will be installed and the retaining wall constructed. Clean fill will be brought in and the parking expansion area will be graded followed by pavement subbase and paving of the additional parking. Landscpaing will then be installed and all areas of disturbance will receive final stabilization. Stormwater treatment and storage for the expanded impervious and all existing impervious draining to the existing stormwater wetland is proposed to be improved this project. This drainage area contains about 2.60 ac of impervious area (0.45 ac new and 2.15 ac existing) and is proposed to have improved pre-treatment and water quality treatment from the existing system through subsurface pipe storage and treatment in a water quality unit called a StormFilter. No changes are proposed to the 88 Technology Park impervious and f Wetland impacts will be demarcated by the proposed retaining wall with a gaurd rail and landscaping as illustrated on the E1-01 Wetland Plan. The wetland is approximately 5' below the existing/proposed development and is not easily accessible. Signs and/or boulders will be placed along the western edge of the wetland buffer boundary to demarcate the now mow-zone boundary on Lot 1. The remainder of the wetland buffer is demarcated by existing trees and shrubs. 19. Wetland and Buffer Zone Impacts: 19.1. Wetland Impacts: Summarize the square footage of impact in the appropriate category. Add After-the-Fact impacts hereWoo.Round to the nearest square foot Describe in detail the proposed impact to wetlands For example:Fill for road crossing, temporary impacts for trench and fill related to utility installation. General narrative required here Permanent Wetland Fill s.f. Temporary Wetland Impact s.f. Other Permanent Wetland Impact (this number includes clearing of woody vegetation, dredging, and does not include fill)s.f. Total Wetland Impact:s.f. 19.2. Buffer Zone Impacts: Summarize the square footage of impact in the appropriate category. Describe in detail the proposed impact to buffer zones For example:Addition of fill along roadway embankment extending into buffer zone. General narrative required here Temporary Buffer Impact s.f. Permanent Buffer Impact s.f. Total Buffer Impact:s.f. 19.3. Cumulative Impacts: List any potential cumulative or ongoing, direct and indirect impacts on the functions of the wetland. For example: Increased noise from parking lot, vegetation management, inputs from stormwater pond outlet, reduction in flood storage volume from the addition of fill from the project. VWP IP Single Wetland Application -XQH Page 18 1585 1585 The retaining wall, fill and parking area will impact approximately 1,585 square feet of Class II Wetland. 3074 10865 13939 Grading and fill associated with the construction of additional parking spaces will impact approximately 15,126 square feet of Class II Wetland Buffer. No cumulative impacts are expected from this project. Improved water quality stormwater treatment is a significant portion of the proposed project and design. 20. Mitigation Sequence: Before you begin, please read all of Section 20 to respond most appropriately to specific questions.Questions specifically related to Section 9.5b of the Vermont Wetland Rules. 20.1. Avoidance of Wetland Impacts: 20.1.1. Can the activity be located on another site owned or controlled by the applicant, or reasonably available to satisfy the basic project purpose? If not, indicate why. Cite any alternative sites and explain why they were not chosen. 20.1.2. Can the proposed activity be practicably located outside the wetland/buffer zone? If not, indicate why. Explain the alternatives you have explored for avoiding the wetland and buffer onsite, And why they are not feasible. 20.2. Avoidance to the Impact to Functions and Values: 20.2.1. If the proposed activity cannot be practicably located outside the wetland/buffer zone, have all practicable measures been taken to avoid adverse impacts on protected functions?Yes No 20.2.2. What design alternatives were examined to avoid impacts to wetland function? For example:Use of matting, relocation of footprint, etc. 20.2.3. What steps have been taken to minimize the size and scope of the project to avoid impacts to wetland functions and values? Include information on project size reduction and relocation. 20.2.4. Explain how the proposed project represents the least impact alternative design. Explain why other alternatives, which you described above, were not chosen. 20.3. Minimization and Restoration: 20.3.1. If avoidance of adverse effects on protected functions cannot be practically achieved, has the proposed activity been planned to minimize adverse impacts on the protected function?Yes No N/A 20.3.2. What measures will be used during construction and on an ongoing basis to protect the wetland and buffer zone? For example:Stormwater treatment, signs, fencing, etc. VWP IP Single Wetland Application -XQH Page 19 The activity cannot be located on another site as the landowner and applicant do not own or control other properties in the area. The tenant requires parking on the same property as the building that is occupied by the tenant, however, the tenant has agreed to temporary parking within a quarter mile of the office building. Parking off-site is not a long term solution for the tenant and was only agreeable to allow for time to design, permit, and construct the additional parking spaces. Boundary lot line adjustments were evaluated, however, the property is limited by Kimball Ave to the north and existing development to the east (Lot 3). The property is limited to the The proposed activity cannot be practicably located outside the wetland or wetland buffer zone, as the proposed location is the only feasible area to site the additional parking spaces due to existing site restrictions and local zoning regulations. The parking expansion has been designed to be compact, meeting the minimum dimensional standards for parking and landscaping islands. The parking expansion is not feasible north of the existing parking area due to existing easements (stormwater treatment for Lot 3, Green Mountain Power Easement with parking height restrictions, multi-use path easement). Further, the city will not allow a further expansion of parking towards the Kimball Ave right-of-way. There is not sufficient space to provide parking behind the building,parking behind the building The overall construction footprint has been modified to minimize wetland and wetland buffer impact. The parking expansion has been designed to be compact, meeting the minimum dimensional standards for parking and landscaping islands. A retaining wall is proposed to limit grading impacts into the wetland. The proposed design includes a subsurface stormwater treatment system to keep stormwater impacts within the footprint of the parking expansion. The sub-surface stormwater system was further designed to discharge to the wetland in the same location as the previous stormwater discharge to minimize impacts. The proposed stormwater system is designed with improved removal rates of total suspended solids and phosphorus for all impervious on Lot 2. This system aims to improve water lit i th tl d d t t f d d t Additi ll th b f t t t i l d b f i The proposed project will not cause undue adverse impacts to the wetland functions and values, as the proposed project involves the installation of a subsurface stormwater treatment system which includes improved storage and water quality treatment. The proposed project was designed to minimize impact to the greatest extent possible, keeping the additional parking spaces as much out of the wetland and wetland buffer as possible and the use of a retaining wall to limit grading into the wetland. This project improves water quality stormwater treatment of the existing site through subsurface treatment. Additionally, the number of required parking spaces was ti t d ith th t t f d ti f 66 dditi l f i i l t t l f 316 d t 250 This project represents the least impact alternative design as the wetland impact has been minimized to the greatest extent possible. The proposed parking expansion is in the only area feasible and is a reduced number of additional spaces from the original request. Additionally, the project proposed to improve the stormwater system for the entire site, aiming to improve the water quality entering the wetland. ■ Barrier tape and silt fence are proposed along the limits of disturbance to protect the wetland during construction. Signs and/or bounders will be placed along the western buffer boundary for permanent demarcation of the no-mow area. The remainder of the wetland and buffer is demarcated by existing trees and shrubs. Further, the property deed for Lot 1 will be updated to include a restriction of mowing and other vegetation management within the Class II wetland. Minimization and Restoration Continued… 20.3.3. Has a plan been developed for the prompt restoration of any adverse impacts on protected functions?Yes No N/A Restoration Narrative: For example: Planting along the stream. Quantification of Restoration: Wetland Area (sqft) Buffer Area (sqft) Functions/Values Addressed 20.4. Compensation: Please refer to Section 9.5c of the Vermont Wetland Rules for compensation, which is required when the project will result in net adverse impact to wetland function. Not all functions are presumed to be compensable. All projects requiring compensation need prior consultation with the Vermont Wetlands Program. If compensation is proposed please include a summary here. Also list any supporting documents you may have attached to the application including In-Lieu-Fee proposal or detailed compensation plan. VWP IP Single Wetland Application -XQH Page 20 ■ A planting plan for a large portion of the wetland and buffer on Lots 1 and 2 has been to offset proposed impacts and the prior impacts which have occurred due to mowing in lack of compliance with CUD 1996-131 Condition G. The planting plan includes several species of native trees and shrubs, as shown on E1-01 Wetland Plan. In total, over 300 bare root plantings are proposed in addition to the landscaping plantings proposed near the development on Lot 2. Tree and shrub plantings are not proposed on the existing berm west of the wetland as they would likely require watering and may not survive within fill soils. Additionally, tree and shrub plantings are not proposed within the wettest portion of the wetland (northern end) as this area provides a majority of the stormwater treatment volume. In addition to the proposed plantings, the western boundary of the wetland buffer on Lot 1 will be demarcated with boulders and/or signs and the property deed for Lot 1 will be updated to include language which restricts mowing within the Lot 1 wetland for further protection and compliance with permit conditions. 22,235 14,115 Flood/Storm Storage & Surface and Groundwater Protection No compensation is proposed with this project as there is no proposed net adverse impacts to wetland function. . Wetland Determination: All applications for impacts to SUHVXPSWLYHunmapped, non-contiguous wetlands require a wetland determination for Class II.Please answer the following questions for applications involving a wetland determination.GIS shapefiles must beincluded for determinations. Wetland is mapped or contiguous to the Vermont Significant Wetland Inventory Map Wetland is not mapped on or contiguous to the Vermont Significant Wetland InventoryMap .1. Reason for Petition: Please choose one from the dropdown menu. .2. Determination Narrative: Please provide any narrative to support the petition for a wetland determination here, including previous decisions by the Secretary or Water Board. Determinations are made based on an evaluation of the functions and values present. Add a narrative description on the functions listed in section 8 of this application and described in section 5 of the Vermont Wetland Rules. For example: Wetland provides water storage and surface water protection because it is large in size, concave, and naturally vegetated. .3 Vermont Significant Wetland Inventory (VSWI) Mapping Attribute Information: If attribute data is not included with the shapefile it is required to be listed here. Please selectDGG wetland attribute information to be included on the VSWI from the dropdown listEHORZ For information on how to create a shapefile from the VSWI go to our website: httpV://dec.vermont.gov/watershed/wetlands/maps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ingle Wetland Application -XQH Page 21 <Choose One> Wetland provides water storage and surface and ground water protection because of its stormwater treatment design and relative connectivity to Potash Brook. Wetland A PEM1-Palustrine, Emergent, Persistent <Choose One> <Choose One> <Choose One> <Choose One> <Choose One> <Choose One> <Choose One> <Choose One> <Choose One> <Choose One> <Choose One> <Choose One> <Choose One> <Choose One> <Choose One> <Choose One> <Choose One> 22. Supporting Materials: **ADDITIONAL MATERIAL REQUIRED TO CALL APPLICATION COMPLETE 22.1. **Location Map: Provide a location map that is 8 ½” x 11” and separate from any site plans. The Vermont Natural Resources Atlas is appropriate using USGS topography map base layer, roads,DQG96:,ZHWODQGVDWDPLQLPXP. Date Title 22.2. **Site Plan(s): List as specified below. Plans must be legible and include wetland delineation and buffer zones, limits of disturbance, erosion controls, building envelopes, and any permanent memorialization. Title Author Date Date of Last Revision 22.3. **U.S. Army Corps of Engineer Wetland Delineation Forms: List attachment names, dates data was collected, cover types sampled, and number of paired plots included Attachment #/Title Range of Collection Dates Vegetation Cover Types # of Paired Plots 22.4. Other Supporting Documents: Provide any other documentation that supports the application.:HWODQG(YDOXDWLRQ)RUPVPXVWEHLQFOXGHGZLWKPXOWLSOHZHWODQGDSSOLFDWLRQV 2WKHUExamples include but are not limited to:Photographs, easements, agreements, restoration/plan,GIS shapefiles,additional ACOE IRUPV. Date Last Revision Author Title VWP IP Single Wetland Application -XQH Page 22 10/05/2020 Project Location Map E1-01 Wetland Impact Plan, Trudell Consulting Engineers, 09/08/2020, last revised 02/22/2021 19-099 - Wetland Data Form 8/26/2020 100% palustrine emergent 1 10/09/2020 Brittany LeBeau - TCE 19099_WetlandDelineation.shp; 19099_WetlandBuffer.shp 11/06/2020 Rearch Description of Parking Need & Lease Agreement 02/22/2021 TCE Exhibit 1 Page 1 of 2 Revised EŽǀĞŵďĞƌϮϲ͕ϮϬϭϵ Department of Environmental Conservation Hello Neighbor, This letter is an official notice that ____________________________________ intends to apply for one or more permits from the Agency of Natural Resources, Department of Environmental Conservation (DEC). Because your property borders the location of the activity as described below, Vermont law requires the applicant to provide you with notice of the application(s). Once each application has been submitted and deemed complete by DEC to begin the review, it will be posted to the DEC Environmental Notice Bulletin (ENB) at ENB.VERMONT.GOV, where you may register to receive notifications to stay informed as each application moves through the review process. Although the application(s) may not yet be received or processed by the DEC upon receipt of this letter from the applicant below, you may register now to receive notifications using a specified mile/distance radius from your address location (see next page for detailed instructions on how to register). In the meantime, you may also contact the property owner/applicant with questions about the activity using the contact information provided below. For background, the permit process includes a public comment period and an opportunity to request a public meeting, all which can be done through the ENB link above once permit applications are posted. Note that to appeal a final permit decision you must submit comments during the public comment period. For additional information please visit the following website: DEC.VERMONT.GOV/PERMITS/ENB/GENERAL. For general questions or assistance with registering on the ENB please call DEC’s main line at (802) 828-1 and plan to provide the permit types that are being applied for as listed below. OFFICIAL NOTICE PROPERTY OWNER(S)/APPLICANT(S) NAME PROPERTY OWNER(S)/APPLICANT(S) CONTACT INFORMATION (MUST PROVIDE TELEPHONE NUMBER AND/OR EMAIL) PROPOSED ACTIVITY STREET ADDRESS/ROUTE PROPOSED TOWN(S) PERMIT TYPE(S) (INDICATE FOR EACH PERMIT TYPE NEW OR RENEWAL) 124 Technology Park Way, LLC 124 Technology Park Way, LLC (802) 863-8727 ; jillick@vermonttechnologypark.com 124 Technology Park Way South Burlington New Wetland Individual Page 2 of 2 Revised EŽǀĞŵďĞƌϮϲ͕ϮϬϭϵ DDepartment of Environmental Conservation To register on the ENB and set up your subscription: please go through the following steps. There are illustrated instructions on Page 12 of the ENB User Guide: 1. Go to ENB.VERMONT.GOV 2. Click RRegister on the upper right-hand side of the home page 3. Enter the required information (name, email address and create password) and click Register 4. You will receive an email confirmation for your email address. Once confirmed you will be able to log-in and set up your subscription. 5. Log into ENB and then click MMy SSubscription at the top left-hand side of the home page 6. Click MModify Alerts on the My Subscription page 7. Click EEdit for Alert #1 8. Choose the permits being applied for from the AActivity Types of Interest list by checking the check boxes. 9. Next, choose the location using DDistance from a Point and click the map icon to set your location. 10. Enter your own address, including Town in the SSearch Address field and set the distance large enough to capture the project activity (1 mile, 5 miles, etc.) 11. Click OOK once the radius has been set 12. Click SSAVE on the next page, then Click OOK to return the main subscription page.. 13. Once you receive an alert for an activity, you can choose to FFollow the activity from your subscription page. 14. For additional instructions see the UUser Guide on ENB.VERMONT.GOV. 15. For help with registration please contact the ENB Administrator: ANR.ENBAdministrator@vermont.gov. VERMONT AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION INDIVIDUAL WETLAND PERMIT AND DETERMINATION In the matter of: 124 Technology Park Way, LLC 88 Technology Way, Suite 2 South Burlington, VT 05403 Application for the expansion of an existing parking lot to accommodate a new tenant with proposed impacts to 1,585 square feet of wetland and 13,939 square feet of buffer zone. 124 Technology Park Way, South Burlington File #: 2020-431 DEC ID #: EJ96-138.02 Date of Decision: [DATE] Permit Decision: "[Approved or Denied]" Wetland Determination: Class II Permit Expiration: MONTH, DAY, 2026 Any activity in a Class I or Class II wetland or its associated buffer zone is prohibited unless it is an allowed use under the Vermont Wetland Rules (VWR) or unless it receives a permit allowing such activity. 10 V.S.A. § 913. Applicants for an individual permit for a proposed activity in any Class I or Class II wetland or its buffer zone must demonstrate that the proposed activity complies with the VWR and will have no undue adverse effects on protected functions and values. VWR § 9.5(a). The Secretary may, upon a petition or on his or her own motion, determine whether any wetland is a Class II wetland or a Class III wetland, pursuant to 10 V.S.A. § 914 and the Vermont Wetland Rules, Vt. Code R. 12 004 056 (VWR). The Secretary may establish the necessary width of a buffer zone of any Class II wetland as part of any wetland determination pursuant to the Rules. As required under 10 V.S.A. § 914 and Section 8 of the VWR, this wetland determination is based on an evaluation of the functions and values of the subject wetland as described in Section 5 of the VWR. Public notice of this wetland determination has been given in accordance with Section 8.3 of the VWR. The Vermont Agency of Natural Resources (Agency) received an application and petition (application) dated March 12, 2021 from 124 Technology Park Way, LLC (permittee) seeking an individual Vermont Wetland Permit for a project involving activities in a wetland and associated buffer zone located in South Burlington, Vermont. The Agency gave notice of the application in accordance with the VWR. The Agency considered all comments received during the public comment period during review of the application and issuance of this permit. 2 of 7 124 Technology Park Way, LLC 2020-431 DECISION AND PERMIT CONDITIONS 1. Based on the Findings contained in this permit below, the Secretary has determined that the proposed project will comply with 10 V.S.A. chapter 37 and the VWR and will have no undue adverse effect on protected functions and values of the wetland. The permittee has demonstrated that the project will have no undue adverse effects on the protected functions and values of the significant wetland and associated buffer zone, provided the project is conducted in accordance with the following conditions: A. All activities in the wetland and buffer zone shall be completed, operated, and maintained as set forth in the permit application #2020-431 and the supporting materials submitted with the permit application including site plans titled “E1-01: Wetland Impact Plan”; designed by TCE, dated 11/24/2020. No material or substantial changes shall be made to the project without the prior written approval of the Vermont Wetlands Program. Project changes, including transfer of property ownership prior to commencement of a project, may require a permit amendment and additional public notice. B. The permittee shall record the issuance notice in the land records of the Town of South Burlington for all properties subject to the permit. Within 30 days of the date of issuance of this permit, the permitteeshall supply the Vermont Wetlands Program with a copy of the recording of the issuance notice 1. C. Prior to commencement of the approved project, the permittee shall notify the Vermont Wetlands Program electronically in writing of the date the project will commence. D.Prohibitions:No additional activities are allowed in the wetland and associated buffer zone without the approval of the Secretary unless such activities are allowed uses under VWR § 6. No draining, dredging, filling, grading, or alterations of the water flow is allowed. No cutting, clearing, or removal of vegetation within the wetland and buffer zone is allowed with the exception of the proposed project area as approved by this permit. E. This permit expires five years from the date of issuance. If the permittee has not completed all construction activities covered by this permit before the expiration date and wishes to continue construction, the permittee must request a permit extension or apply for a new permit. Any request for an extension must be received by the Agency at least 30 days prior to the end of the five year period in order to prevent the expiration of the permit. A request for extension may be considered a minor modification at the discretion of the Secretary. Pursuant to VWR § 9.1, projects may not be extended beyond ten years of the issuance date. F. Wetland boundary delineations are valid for five years. The delineations will need to be re-evaluated by a qualified wetland consultant if the project is not constructed during the five-year period and a request for an extension is submitted. 1 Reporting forms are located here: https://anronline.vermont.gov/ 3 of 7 124 Technology Park Way, LLC 2020-431 G. Within 30 days of completion of the work approved by this permit, the permittee shall supply the Vermont Wetlands Program with a letter certifying that the project was constructed in compliance with the conditions of this permit. H. If a stormwater construction permit is obtained for this project, the erosion prevention and control requirements of that permit shall be followed. At minimum, the permittee shall comply with the following: A continuous line of silt fence shall be properly installed by the permittee immediately upgradient of the snow fence or tape prior to any construction and shall be regularly maintained. Care shall be taken to ensure that silt fence is installed on the contour and not in areas of concentrated flow such as stream channels or ditches. Sediment shall be cleaned out before and after any significant storm event or when sediment has reached less than half the height of the fence. Removed sediments shall be disposed of in a stable, upland area outside the 50-foot buffer zone at least 100 feet from waters of the state and stabilized immediately with seed and mulch at a minimum. All other disturbed soils shall be seeded and mulched within 48 hours of final grading. All sediment barriers and construction fencing shall be removed following the successful establishment of vegetation. I. All contractors’ equipment shall be cleaned so as to contain no observable soil or vegetation prior to work in wetlands and buffer zones to prevent the spread of invasive species. The permittee shall monitor the portion of the wetland in question annually during early July for five years following construction for the nuisance plant species purple loosestrife (Lythrum salicaria) and common reed (Phragmites australis). All nuisance plants found shall be pulled by hand and disposed of by burial or burning in a non-wetland location. If hand pulling is not feasible, a state approved invasive species control plan is required. J. The Permittee shall update Lot One’s property deed and permanently restrict any future vegetation management and development within the remaining Class II wetland as compensation for unavoidable impacts which would result from Project execution. The language shall be reviewed and approved by the Wetlands Program prior to its finalization, and the deed restriction is required to be place before the start of construction. 2. The Secretary maintains continuing jurisdiction over this project and may at any time order that remedial measures be taken if it appears that undue adverse impacts to the protected functions and values of the wetland or buffer are occurring or will occur. 3. This permit does not relieve the permittee of the responsibility to comply with any other applicable federal, state, and local laws, regulations, and permits. 4. The permittee shall allow the Secretary or the Secretary’s representatives, at reasonable times and upon presentation of credentials, to enter upon and inspect the permitted property for the purpose of ascertaining compliance with this permit, the VWR, and the Vermont Water Quality Standards, and to have access to and copy all records required to be prepared pursuant to this permit. 5. The Agency accepts no legal responsibility for any damage direct or indirect of whatever nature and by whomever suffered arising out of the approved project. This permit does not 4 of 7 124 Technology Park Way, LLC 2020-431 convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to public or private property, or any invasion of personal rights, or any infringement of federal, state, or local laws or regulations. This permit does not obviate the necessity of obtaining such federal, state, or local permits or approvals as may be required by law. Nothing in this permit shall be construed to preclude the institution of legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under other laws. 6. Within 15 days of the date of the decision, the permittee, any person entitled to notice under VWR § 9.2, or any person who filed written comments regarding the permit application may request in writing reconsideration of the decision by the Secretary in accordance with VWR § 9.6. DETERMINATION DECISION 1. Based on the Findings listed below, the Secretary has determined that the wetland under consideration is a Class II wetland. Unless otherwise designated by the Secretary, a fifty (50) foot buffer zone is established contiguous to the boundaries of a Class II wetland. VWR §4.2. 2.Activity in a Class II wetland or its associated buffer zone is prohibited unless it is an allowed use under the VWR, or unless it is authorized by a permit, conditional use determination or order issued by the Secretary. The Secretary may impose any permit conditions as necessary to achieve the purposes of the VWR. Section 9.1 of the VWR. This Determination does not relieve the petitioner or any other person of the responsibility to comply with all other applicable federal, state or local laws. The attached mapping of the wetland shall be added to the Vermont Significant Wetlands Inventory. 3.Within 15 days of the date of this decision, the applicant, any person entitled to notice under Section 8.3(a) of the VWR, or any person who filed written comments regarding the permit application may request in writing reconsideration by the Secretary. Section 8.4 of the VWR. Such a request shall specify all action(s) for which reconsideration is sought and shall provide an explanation of the reason(s) why the request is filed. Where a request for reconsideration has been properly filed, additional evidence may be submitted concerning the functions and values of the wetland, and concerning any other material issue as deemed appropriate by the Secretary. The Secretary may appoint a designee, who shall be at the Division Director level or higher, to render a decision on the request for reconsideration. The Secretary’s written reconsideration decision shall be issued as expeditiously as possible under the circumstances, and shall be distributed in accordance with §8.3(c) of the Wetland Rules. If the Secretary fails to act on a request for reconsideration within 20 days of its filing, the request shall be deemed to be denied. The Secretary’s written reconsideration decision shall constitute a final act or decision of the Secretary, subject to appeal pursuant to 10 V.S.A. § 8504 and Section 10 of these Rules. 5 of 7 124 Technology Park Way, LLC 2020-431 4. No request for reconsideration may be filed concerning or resulting from a request for reconsideration. If the Secretary fails to act on a request for reconsideration within 20 days of its filing, the request shall be deemed to be denied. 5.Filing a timely request for reconsideration with the Secretary tolls the 30-day period for filing an appeal with the Environmental Court. The full time for appeal shall commence to run and shall be computed from the date of the issuance of the Secretary’s decision on the reconsideration request. GENERAL CONDITIONS The following conditions shall apply to both the wetlands permit and determination: 7.Appeals. Any person with an interest in this matter may appeal this decision pursuant to 10 V.S.A. § 917. Pursuant to 10 V.S.A. chapter 220, an aggrieved person shall not appeal this permit to the Environmental Division of the Vermont Superior Court unless the person submitted to the Secretary a written comment during the applicable public comment period or an oral comment at the public meeting conducted by the Secretary. Absent a determination of the Environmental judge to the contrary, an aggrieved person may only appeal issues related to the person’s comments to the Secretary as prescribed by 10 V.S.A. § 8504(d)(2). Any appeal of this decision must be filed with the clerk of the Environmental Division of the Superior Court within 30 days of the date of the decision. 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 Division; 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; the name of the permittee; and 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 Division is: 32 Cherry Street, 2nd Floor, Suite 303, Burlington, VT 05401 (Tel. # 802-951-1740). FINDINGS 1. The Agency received a complete permit application and determination petition from 124 Technology Park Way, LLC for a Vermont Wetland Permit and wetland determination on March 12, 2021. 2. The wetland and adjacent 50-foot buffer zone are located at 124 Technology Park Way, immediately west of the existing parking lot and east of Community Drive. Potash Brook is 800 feet to the west. 6 of 7 124 Technology Park Way, LLC 2020-431 3. Julie Follensbee, District Wetlands Ecologist, conducted a site visit to the subject property with Brittany LeBeau on 9/4/2020. The wetland meets the presumptions listed in VWR § 4.6, the wetland is of the same type and threshold size as those mapped on the VSWI maps or greater than 0.5 acres (VWR §4.6a). 4. The wetland in question is described in detail in Sections 4 and 5 of the permit application. The wetland is approximately 2.2 acres in size and is 100% emergent, primarily a managed wet meadow. It is located in a concave basin on a terrace above Potash Brook, 800 feet to the west. The wetland is primarily influenced by surface runoff and ground water. The dominant vegetation includes reed canary grass and creeping bent grass. The soils are mapped as NRCS Hinesburg Fine Sandy Loam, and hydric soil indicator was identified as a Depleted Matrix (F3). 5. The proposed project is described in detail in Sections 17 and 18 of the permit application. The project consists of the expansion of an existing parking lot to accommodate a new tenant. 6. Proposed impacts to the wetland and buffer zone, summarized in Section 19 of the permit application and multiple wetland application table of the permit application, are as follows: Wetland Alteration:Buffer Zone Alteration: Wetland Fill: 1,585 sq.ft. Temporary:0 sq.ft.Temporary:3,074 sq.ft. Other Permanent: 0 sq.ft.Permanent: 10.865 sq.ft. Total Wetland Impact 1,585 sq.ft.Total Buffer Zone Impact:13,939 sq.ft. 7. The protected functions of the wetland include the following: water storage for flood water and storm runoff (VWR § 5.1), and surface and groundwater protection (VWR § 5.2). 8. The following functions are either not present or are present at such a minimal level as to not be protected functions: fish habitat (VWR § 5.3), wildlife habitat (VWR § 5.4), exemplary wetland natural community (VWR § 5.5), threatened and endangered species habitat (VWR § 5.6), education and research in natural sciences (VWR § 5.7), recreational value and economic benefits (VWR § 5.8), open space and aesthetics (VWR § 5.9), and erosion control through binding and stabilizing the soil (VWR § 5.10). 9. The wetland is significant for water storage for flood water and storm runoff function as demonstrated in Section 7 of the permit application. Based on the factors described in Section 7.2 of the application, as confirmed through a site visit by Agency staff, the proposed project will not result in an undue adverse impact to this function. 10. The wetland is significant for the surface and ground water protection function as described in Section 8 of the permit application. Based on the factors described in Section 8.2 of the application, as confirmed through a site visit by Agency staff, the proposed project will not result in an undue adverse impact to this function. 7 of 7 124 Technology Park Way, LLC 2020-431 11. Under 10 V.S.A. § 913 and VWR § 9.5, the Secretary may authorize activities in a Class II wetland or in its buffer zone if the Secretary determines that it complies with the VWR and will have no undue adverse effect on the protected functions and values. Based on the permit application, the site visit(s) by Agency staff, and the foregoing findings and analysis, the Secretary has determined that the proposed project will have no undue adverse effects on the protected functions and values of the Class II wetland. 12. Pursuant to VWR § 9.5(b), the permittee has demonstrated that the proposed activity in the wetland cannot practicably be located outside the wetland or on another site owned, controlled, or available to satisfy the basic project purpose. All practicable measures have been taken in this proposal to avoid adverse impacts on protected functions, as described in the application. In summary, the permittee has demonstrated the tenant’s parking needs must remain on site. Avoidance of impacts onsite could not be avoided due to zoning regulations and adjacent landowners unwilling to adjust boundary lines. A parking structure was determined to be cost prohibitive. To further minimize impacts, permanent demarcation is required and approximately 22,235 sf of wetland and 14,115 sf of buffer zone are to be enhanced with a woody vegetation planting plan. Functional temporal loss has occurred over the years due to managing the wetland, and to avoid adverse cumulative impacts the permittee will compensate in the form of a deed restriction on Lot 1, which will restrict any future vegetation management and development in the wetland. 13. "[# of public comments received. Address here as needed]" OR No public comments were received during the public comment period. Peter Walke, Commissioner Department of Environmental Conservation by: ________________________________ Laura Lapierre, Program Manager Wetlands Program Watershed Management Division Dated at Montpelier, Vermont this # day of MONTH 2021 PW/LVPL/TMH