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HomeMy WebLinkAboutSD-22-10 - Supplemental - 0500 Old Farm Road (33)Gilman & Briggs Environmental 1 Conti Circle #5, Barre, VT 05641 Ph: 802-479-7480; team@gbevt.com MEMORANDUM To: Andrew Gill From: Art Gilman Date: 1 March 2022 Re: Class Three wetlands on the Eastview project (O’Brien Home Farm property) This memo regards three wetland areas at the eastern end of the fields on the Home Farm property that have been determined to be Class Three wetlands by the Vermont District Wetland Ecologist (Tina Heath). Note. these wetlands are not connected to the large wetland along Potash Brook that borders the eastern edge of the property but are in low-lying fields. I assisted my colleague Errol Briggs in delineating the more northerly ones in 2019, and my colleague Patti Greene-Swift and I delineated the southerly one in August 2021. They are all very similar in nature. Note, the northerly two of these three wetlands were evaluated in Errol’s letter dated 14 December 2020. Here, I discuss them all together. Wetlands are characterized by three parameters, described here: • Soils. The two northerly sites are underlain by hydric (“poorly drained”) Enosburg & Whately soils – which are described as coarse-loamy or sandy soils over clay. The southern wetland is underlain by Covington silty clay, also a hydric, “poorly drained” soil. These soils are capable of supporting wetland vegetation. • Plants. All sites are mowed fields and have a dominance of grasses, sedges, and rushes of species that are suited to wetness e.g., reed canary grass (Phalaris arundinacea), redtop grass (Agrostis gigantea), and soft rush(Juncus effusus). • Hydrology. These sites have very limited drainage areas (i.e., there is little drainage into them), have no outlets, and act as sumps (rainfall and snowmelt only leaves by evaporation and by percolating into the soil). They are not connected to or associated with streams, ponds, or any open water. I evaluated them collectively with two evaluation protocols: the Vermont Wetland Evaluation form and the US Army Corps of Engineers “Highway Methodology Workbook Supplement” wetland function- value form. Both of these forms found very limited functions or values. Both forms are attached to this letter for your review. The Vermont Wetland Evaluation form rated only two of ten functions present—and both at a “low level.” These were 1) “Water Storage for Flood Water and Storm Runoff,” which is present because the wetlands have no outlets, but low because they have small watersheds and have flat topography that would not provide much storage capacity; and 2) “Surface and Groundwater Protection”/“Nutrient Removal,” which function is present because the wetlands are fully vegetated (i.e, with hay grasses) but low because, again, they have a very small area of potential inputs of nutrients, and no known sources of sediments or toxicants. The Army Corps of Engineers worksheet showed a similar result, but found them significant only fornutrient removal, and again, that at a low level. They only retain nutrients from runoff that enters them, and the watershed that enters these wetlands is extremely small and isolated. These results are in accord with the State of Vermont’s position that they are Class Three wetlands, i.e. that they do not have functions and values that are significant enough to warrant protection under the Vermont Wetland Rules. The only functions that they serve, nutrient retention, is because they capture a small amount of runoff from adjacent and are able to uptake nutrients because they are fully vegetated. It must be noted in the context of the Development Review Board’s decision whether to preserve these areas or to allow for their alteration to become gravel wetlands, and ponds for stormwater treatment, that surrounding these wetlands with development and isolating them from their already limited watersheds, will remove any water from flowing to them (as that water will be diverted to stormwater treatment practices). If these wetlands are not receiving flows of water from their surroundings, there will be no opportunity for that function even if the physical land that now has some limited significance remains. The question of whether these wetlands “could become” Class II wetlands has been asked, and is used as a basis for regulating Class IIII wetlands beyond the State’s current rules. The Class III wetlands being discussed would not developinto Class II wetlands without manual intervention, should the undeveloped land simply be maintained as it currently is in perpetuity. For some frame of reference, below is what sort of intervention might be required to make these wetlands Class II: First, they could become so with significant investments in terms of abandoning agricultural use, earthworks (plugging ditches both east and west of the southernmost wetland) and extensive plantings, especially of trees. I am not a hydrologist and no testing has been done, but the hydrology does not appear substantial enough—there is not enough water—to support extensive, “wetter” wetlands with any open water components such as permanent ponds or permanent streams. Second, to optimize future functions and values, they would have to placed in a larger restoration setting, ideally within a forested setting, which would mean the entirety of the north field, and the southern field at least between the two ditches, would have to be part of the effort of earthworks and plantings – in the buffer zone as well as in the wetland proper.“Wetland mitigation projects” such as undertaken by, e.g., Ducks Unlimited, are often very costly, on the order of $100,000+ per acre. Even so, I suggest that these wetlands would not achieve a level of function and value that a DU-sponsored wetland project would be expected to achieve. The newly adopted South Burlington Development Regulations make a specific exception for impacts to Class III wetlands associated with stormwater treatment. See Section 12.06(D)(2)(a)(i). At Eastview, the Applicant is proposing just that. The placement of stormwater treatment is in the natural low areas where these wetlands are located. The stormwater treatment proposed has two components, a forebay consisting of standing water and a treatment practice consisting of a gravel basin planted with wetland plants, where infiltration of stormwater can occur. The primary purpose of stormwater treatment mirrors the significance of these wetlands themselves, i.e., nutrient removal and stormwater storage. However, the proposed gravel wetlands will likely have more significant values than the current wetlands because they will have an open water component. Additionally, we have worked with the Applicant to expand the forebay to be roughly double the size required. This will increase the amount of standing water, and will provide a new and potentially significant habitat for aquatic organisms that do not currently exist on the site. In one of our projects, South Village, we have found stormwater ponds to be of significance for wildlife, supporting breeding birds and amphibians., and I suspect that the gravel wetlands will have higher function and value for wildlife than the currently-existing wetlands do, as well as performing their own stated function of capturing sediments. VERMONT WETLAND EVALUATION FORM Wetland ID#:___________________________ Project #:____________________ Date: ____________________ Investigator:_______________________________ SUMMARY OF FUNCTIONAL EVALUATION: Each function gets a score of 0= not present; L = Low; P = Present; or H = High.     1.Water Storage for Flood Water and Storm Runoff 6.Rare, Threatened, and Endangered Species Habitat     2.Surface & Ground Water Protection 7.Education and Research in Natural Sciences     3.Fish Habitat 4.Wildlife Habitat 8.Recreational Value and Economic Benefits 9.Open Space and Aesthetics   5.Exemplary Wetland Natural Community 10.Erosion Control through Binding and Stabilizing the Soil Note: o When to use this form: This is a field form to help you compile data needed to evaluate the 10 possible functions and values of a wetland as described in the Vermont Wetland Rules. All information in this form is replicated in the applications for both wetland determinations and wetland permits. o Both a desktop review and field examination should be employed to accurately determine surrounding land use, hydrology, hydroperiod, vegetation, position in the landscape, and physical attributes. o The entire wetland or wetland complex in question must be evaluated to determine the level of function in all ten (10) categories for accurate classification. A wetland complex can be defined as a series of interconnected wetland types. o The surrounding upland and outflow area of the wetland should be examined to determine land use, development, nearby natural resources, and hydrology. The surrounding land use, previous development, and cumulative impacts may play a role in the current function of the wetland. For best results please read all descriptions prior to scoring activity. o Evaluation: The first portion in each section determines whether the wetland does or does not provide the function. If none of the conditions listed in the first section are met, proceed Vermont Wetland Evaluation Form Jan. 2019 1 to the next section. If any of these conditions are met, determine if the wetland provides this function at a higher or lower level based on the information listed in the subsequent sections. o Presumptions: Please note that many wetlands are already presumed to be significant under the Vermont Wetland Rules. A wetland is presumed to be significant if: o The wetland is mapped on the VSWI map o The wetland is contiguous to a VSWI mapped wetland o The wetland meets the presumptions of significance under Section 4.6 o The wetland has a preliminary determination that it is Class II Vermont Wetland Evaluation Form Jan. 2019 2 1. 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 this function. Constricted outlet or no outlet and an unconstricted inlet. Physical space for floodwater expansion and dense, persistent, emergent vegetation or dense woody vegetation that slows down flood waters or stormwater runoff during peak flows and facilitates water removal by evaporation and transpiration. If a stream is present, its course is sinuous and there is sufficient woody vegetation to intercept surface flows in the portion of the wetland that floods. Physical evidence of seasonal flooding or ponding such as water stained leaves, water marks on trees, drift rows, debris deposits, or standing water. Hydrologic or hydraulic study indicates wetland attenuates flooding. If any of the above boxes are checked, the wetland provides this function. Complete the following to determine if the wetland provides this function above or below a moderate level: Check box if any of the following conditions apply that may indicate the wetland provides this function at a lower level. Significant flood storage capacity upstream of the wetland, and the wetland in question provides this function at a negligible level in comparison to upstream storage (unless the upstream storage is temporary such as a beaver impoundment). Wetland is contiguous to a major lake or pond that provides storage benefits independently of the wetland. Wetland's storage capacity is created primarily by recent beaver dams or other temporary structures. Wetland is very small in size, not contiguous to a stream, and not part of a collection of small wetlands in the landscape that provide this function cumulatively. Check box if any of the following conditions apply that may indicate the wetland provides this function at a higher level. History of downstream flood damage to public or private property. Any of the following conditions present downstream of the wetland, but upstream of a major lake or pond, could be impacted by a loss or reduction of the water storage function. 1. Developed public or private property. 2. Stream banks susceptible to scouring and erosion. 3. Important habitat for aquatic life. The wetland is large in size and naturally vegetated. Vermont Wetland Evaluation Form Jan. 2019 3 Any of the following conditions present upstream of the wetland may indicate a large volume of runoff may reach the wetland. 1. A large amount of impervious surface in urbanized areas. 2. Relatively impervious soils. 3. Steep slopes in the adjacent areas. 2. 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. Check box if any of the following conditions apply that may indicate the wetland provides this function at a lower level. Presence of dead forest or shrub areas in sufficient amounts to result in diminished Vermont Wetland Evaluation Form Jan. 2019 4 nutrient uptake. Presence of ditches or channels that confine water and restrict contact of water with vegetation. Wetland is very small in size, not contiguous to a stream, and not part of a collection of small wetlands in the landscape that provide this function cumulatively. Current use in the wetland results in disturbance that compromises this function. Check box if any of the following conditions apply that may indicate the wetland provides this function at a higher level. The wetland is adjacent to a well head or source protection area, and provides ground water recharge. The wetland provides flows to Class A surface waters. The wetland contributes to the protection or improvement of water quality of any impaired waters. The wetland is large in size and naturally vegetated. 3.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 habitat for salmonoid species. The wetland is located along a tributary that does not support fish, but contributes to a larger body of water that does support fish. The tributary supports downstream fish by providing cooler water, and food sources. Vermont Wetland Evaluation Form Jan. 2019 5 4. 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 these species include softwood swamps. Evidence of use includes deer browsing, bark stripping, worn trails, or pellet piles. Provides important feeding habitat for black bear, bobcat, or moose based on an assessment of use. Good habitat for these types of species includes wetlands located in a forested mosaic. Has the habitat to support muskrat, otter or mink. Good habitats for these species include deep marshes, wetlands adjacent to bodies of water including lakes, ponds, rivers and streams. Supports an active beaver dam, one or more lodges, or evidence of use in two or more consecutive years by an adult beaver population. Provides the following habitats that support the reproduction of Uncommon Vermont amphibian species including: 1. Wood Frog, Jefferson Salamander, Blue-spotted Salamander, or Spotted Salamander. Breeding habitat for these species includes vernal pools and small ponds. 2. Northern Dusky Salamander and the Spring Salamander. Habitat for these species includes headwater seeps, springs, and streams. 3. The Four-toed salamander; Fowler’s Toad; Western or Boreal Chorus frog, or other amphibians found in Vermont of similar significance. Vermont Wetland Evaluation Form Jan. 2019 6 Supports or has the habitat to support significant populations of Vermont amphibian species including, but not limited to Pickerel Frog, Northern Leopard Frog, Mink Frog, and others found in Vermont of similar significance. Good habitat for these types of species includes large marsh systems with open water components. Supports or has the habitat to support populations of uncommon Vermont reptile species including: Wood Turtle, Northern Map Turtle, Eastern Musk Turtle, Spotted Turtle, Spiny Softshell, Eastern Ribbonsnake, Northern Watersnake, and others found in Vermont of similar significance. Supports or has the habitat to support significant populations of Vermont reptile species, including Smooth Greensnake, DeKay’s Brownsnake, or other more common wetland-associated species. Meets four or more of the following conditions indicative of wildlife habitat diversity: 1. Three or more wetland vegetation classes (greater than 1/2 acre) present including but not limited to: open water contiguous to, but not necessarily part of, the wetland, deep marsh, shallow marsh, shrub swamp, forested swamp, fen, or bog; 2. The dominant vegetation class is one of the following types: deep marsh, shallow marsh, shrub swamp or, forested swamp; 3. Located adjacent to a lake, pond, river or stream; 4. Fifty percent or more of surrounding habitat type is one or more of the following: forest, agricultural land, old field or open land; 5. Emergent or woody vegetation occupies 26 to 75 percent of wetland, the rest is open water; 6. One of the following: i. hydrologically connected to other wetlands of different dominant classes or open water within 1 mile; ii. hydrologically connected to other wetlands of same dominant class within 1/2 mile; iii. within 1/4 mile of other wetlands of different dominant classes or open water, but not hydrologically connected; Wetland or wetland complex is owned in whole or in part by state or federal government and managed for wildlife and habitat conservation; and Contains evidence that it is used by wetland dependent wildlife species. If any of the above boxes are checked, the wetland provides this function. Complete the following to determine if the wetland provides this function above or below a moderate level. 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 Vermont Wetland Evaluation Form Jan. 2019 7 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 complex is large in size and high in quality. The habitat has the potential to support several species based on the assessment above. Wetland is associated with an important wildlife corridor. The wetland has been identified by ANR-F&W as important habitat. 5.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; Vermont Wetland Evaluation Form Jan. 2019 8 A wetland mosaic containing examples of several to many wetland community types; or A large wetland complex with examples of several wetland community types. 6. 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: 7. 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. Vermont Wetland Evaluation Form Jan. 2019 9 8.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: 9.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. 10.Erosion Control through Binding and Stabilizing the Soil 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. Vermont Wetland Evaluation Form Jan. 2019 10 What type of erosive forces are present? Lake fetch and waves High current velocities Water level influenced by upstream impoundment If any of the above boxes are checked, the wetland provides this function. Complete the following to determine if the wetland provides this function above or below a moderate level. Check box if any of the following conditions apply that may indicate the wetland provides this function at a lower level. The stream is artificially channelized and/or lacks vegetation that contributes to controlling the erosive force. Check box if any of the following conditions apply that may indicate the wetland provides this function at a higher level. The stream contains high sinuosity. Has been identified through fluvial geomorphic assessment to be important in maintaining the natural condition of the stream or river corridor. Vermont Wetland Evaluation Form Jan. 2019 11