Workforce Housing Development Partner RFQ

Town of Falmouth Request for Qualifications Workforce Housing Development Partner Issue Date: Monday, March 20, 2023 Pre-Submittal Meeting: Thursday, March 30, 2023, 10:00am Question Deadline: Thursday, April 6, 2023, 12:00pm Submittal Deadline: Thursday, April 27, 2023, 3:00pm 2 Workforce Housing RFQ Monday, March 20, 2023 Introduction The Town of Falmouth, Maine is seeking proposals to identify a developer to develop workforce housing on a parcel of land located at 2 Marshall Drive, Falmouth, Maine. The available land is part of a 25-acre tract that includes the Falmouth Police Department, which will remain. The Town, through this Request for Qualifications (RFQ), is soliciting concept proposals for the feasible development of one or more work force housing projects which will be beneficial to the community. The Town is prepared to enter into an agreement with a developer that, after selection, will finalize a concept, a financial plan, a schedule, and general land use approach. All

responses to this RFQ must be submitted directly to the Town of Falmouth and must be responsive to the requirements outlined in this RFQ. Affordable Housing Need The need for affordable housing in Maine, in Greater Portland, and in Falmouth has been well documented in recent months. The median home price of homes sold in Falmouth in 2022 was $804,500 (Maine Real Estate Information System, 2022). Falmouth’s median household income in 2022 was $133,033 (Claritas Current Year Household Income, 2022) which is adequate to afford a home priced at $419,773. In general, in the Falmouth area, there is inadequate housing inventory of all types and at all price points. Labor challenges have further hampered the construction pace. Increasingly, in Falmouth, many of the community’s largest employers have struggled to attract and retain employees. The largest employers in Falmouth are: • Falmouth Town / School Department • TD Bank • Tyler Technologies • Hannaford Supermarket • Walmart • Sedgewick Commons • Shaw’s Supermarket • Falmouth By the Sea • Skillins Greenhouses • The Woodlands Club • Oceanview Assisted Living A single patrol officer in Falmouth could afford to pay $1563 per month on housing. A two- person household comprised of a working firefighter and a working bookkeeper could afford to $2235 per month on housing. A four-person household with a full time working nurse and a full time working social worker could afford to spend $3351 on housing each month. Most of the households like these and the households working at Falmouth’s large https://goo.gl/maps/NbbTWecqKarjZfnK7 https://gis.vgsi.com/FalmouthMEMap/?pid=177 3 Workforce Housing RFQ Monday, March 20, 2023 employers are unable to live in Falmouth or nearby. Increasingly, with expensive transportation costs, potential Falmouth employees are simply unable to afford a home that is commutable to a Falmouth employer. Only about 6% of Falmouth’s population are 20–29-year-olds which is about half the rate in Cumberland County and the State of Maine. In Falmouth, 27% of the population are 20–49-year-olds compared to Cumberland County at 39% and Maine at 36%. In short, people in their prime working ages are not living in Falmouth at the same rate as in most communities. Preferred Development The Town of Falmouth would prefer development at this site which includes a combination of homeownership and rental housing. A proposal which includes a portion of the owner- occupied homes that include accessory development units (ADUs) are welcomed. Ideally the homeownership component would target households earning 100% to 160% of area median income and the rental component would target households earning 50%-120% of area median income. The town is highly motivated to see developments which provide meaningful levels and amounts of affordability. Site Considerations The Town has some engineering reports from 2008 available and are attached in Appendix C. The site includes some wetlands and a stream as well as significant higher portions suitable for construction. The site has access to water and sewer service. It is assumed that the Police Department land will be subdivided from the overall site. The current zoning of the site is designated as Mixed-Use Cluster, which seeks “well-planned mixed-use developments with access to the region's major highway system.” Permitted residential uses include: • Single family detached dwellings. • Multifamily dwellings • Accessory dwelling units (ADUs) • Residential Planned Development: A planned, integrated residential development involving detached single-family dwellings, two-family dwellings, multi-family dwellings, or a combination thereof in an architecturally harmonious environment with common access and utility system. There are various zoning dimensional standards, density calculations, height limitations and housing units per building restrictions that could affect the planned developments or could be negotiated. Additionally, the recent legislation, LD 2003 goes into effect in July 2023, and this legislation likely affects density calculations for affordable housing and the creation of ADUs. http://online.encodeplus.com/regs/falmouth/doc-viewer.aspx?tocid=006.021.001.003.010#secid-372 4 Workforce Housing RFQ Monday, March 20, 2023 The Town is looking for a developer that can navigate different approaches to zoning and is prepared to work with a developer to devise the best approach to land use, preferred density, and affordability. Financial Approaches Developing affordable workforce housing, requires creative and complex approaches to financing the development. Funding resources for affordable homeownership developments are emerging both at Maine Housing and in discussions at the Maine Legislature. Funding for affordable rental housing often requires multiple layers of financing and Maine Housing and the Legislature are both examining new potential approaches. Increasingly, affordable housing developers turn to municipalities for density enhancements, discounted land sales, and Tax Increment Financing (TIF) assistance. The Town is prepared to consider requests for assistance. It is assumed that proposals submitted will present approaches to financing without any committed financing. Applicants’ experience working with complex financial structures and the probability of securing the necessary finances will be important considerations. Pre-Submittal Meeting There will be a meeting for interested respondents on Thursday, March 30, 2023, at 10:00am in Town Council Chambers at Falmouth Town Hall, 271 Falmouth Road, Falmouth, Maine 04105. Interested parties may submit questions about this RFQ to the Town. Any questions must be submitted to the Town by 12:00pm on Thursday, April 6, 2023. Questions may only be submitted via email to acausey@falmouthme.org. Answers to submitted questions will be posted as an addendum to this RFQ by 5:00pm on Monday, April 10, 2023. Submittal Requirements Responses are due Thursday, April 27, 2023, at 3:00pm. Interested applicants should submit RFQ responses to: Adam Causey, Long-Range Planning Director 271 Falmouth Road Falmouth, Maine 04105 acausey@falmouthme.org Responses may only be submitted by email or by electronic storage device to the above addresses. mailto:acausey@falmouthme.org mailto:acausey@falmouthme.org 5 Workforce Housing RFQ Monday, March 20, 2023 Each response must contain the following: 1. Provide a brief background and history of your organization and the responsible individual(s). 2. Describe your experience developing mixed-income affordable workforce housing and provide examples of the types housing units developed. 3. Describe your experience working with municipalities to create affordable workforce housing. 4. Describe your experience securing necessary approvals from municipalities. 5. Describe your general concept for housing at this site including numbers of units, income targeting, and type of housing. 6. Describe your proposed funding sources and conceptual budget. 7. Identify your anticipated development team including representatives who will work on this initiative as well as architects, engineers, general contractors, attorneys, and property managers, if known. 8. Provide a proposed schedule of major milestones and activities. 9. Explain why you feel you would be the right entity to create workforce housing on this site in Falmouth, Maine. Selection Criteria • Affordable and workforce housing experience of applicant. • Experience completing similar projects involving different targeted populations. • Experience completing projects with different types of housing on the same site. • Experience developing housing on municipal, former municipal, or public land. • Development team capability and capacity. • Readiness to begin a project. • Reasonableness of financial and land use approach. The Town of Falmouth is not obligated to select any submittal to this RFQ and will make its selection based upon satisfactory review and due diligence of the respondents. 6 Workforce Housing RFQ Monday, March 20, 2023 Appendix A – Site Location Google Maps link Vision GIS tax map link https://www.google.com/maps/@43.7361567,-70.2477437,18z https://gis.vgsi.com/FalmouthMEMap/?pid=177 3/20/23, 12:34 PM Google Maps https://www.google.com/maps/@43.7356228,-70.2482496,17z 1/1 Map data ©2023 Google 200 ft Town of Falmouth Town of Falmouth Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Municipal Boundary March 20, 2023 0 300 600150 ft 0 90 18045 m 1:4,514 Data and scale shown on this map are provided for planning and informational Powered by Esri Technology 7 Workforce Housing RFQ Monday, March 20, 2023 Appendix B – Zoning Information Mixed Use Center District (MUC): online code link Net Residential Area: online code link http://online.encodeplus.com/regs/falmouth/doc-viewer.aspx?tocid=006.021.001.003.010#secid-372 http://online.encodeplus.com/regs/falmouth/doc-viewer.aspx?tocid=006.021.001.005.030#secid-495 Page 1 of 2 PART II CODE OF ORDINANCES CH. II-19 ZONING AND FLOODPLAIN MANAGEMENT FOOTNOTE(S): --- (1) --- Editor's note— The zoning, flood prevention and protection and site plan regulations of the town are not printed in this Code, but are on file in the town clerk's office. Editor's note— At the city's instruction, Ord. of Sept. 24, 2007, Arts. I—XV, set out provisions intended for inclusion with Ch. II-19. For purposes of clarity, and at the editor's discretion, these provisions have been included as Art. II-19-2. Cross reference— Boundaries of the town, § 2-2; provisions for notices for nuisances, signs, dangerous, unsafe, dilapidated buildings, and any other action the expense of which may be collected from the property owner, § 2-3; board of appeals, § 2-60 et seq.; parks and community programs advisory committee, § 2-85 et seq.; planning board, § 2-95 et seq.; waterfront and harbor committee, § 2-115 et seq.; division of planning, § 2-246; division of code administration functions, § 2-248; animals, Ch. II-3; buildings and building regulations, Ch. II-4; condominium conversion regulations, § 4-100 et seq.; land subdivision, Ch. II-7; licenses, permits and business regulations, Ch. II-8; marine activities, structures and ways, Ch. II-9; junked and abandoned motor vehicles prohibited on public and private property, § 12-3; solid waste regulations, Ch. II-13; swimming pools, Ch. II-15; traffic and motor vehicles, Ch. II-17; utilities, Ch. II-18; certain discharges into the public sewer system prohibited, § 18-190 et seq. ART. II-19-1. IN GENERAL Div. II-19-1-3. ESTABLISHMENT OF DISTRICTS Sec. 19-13 Mixed Use Cluster District (MUC) [Amended 4/25/22] To establish within the Town of Falmouth areas for well-planned mixed use developments with access to the region's major highway system. Page 1 of 3 PART II CODE OF ORDINANCES CH. II-19 ZONING AND FLOODPLAIN MANAGEMENT FOOTNOTE(S): --- (1) --- Editor's note— The zoning, flood prevention and protection and site plan regulations of the town are not printed in this Code, but are on file in the town clerk's office. Editor's note— At the city's instruction, Ord. of Sept. 24, 2007, Arts. I—XV, set out provisions intended for inclusion with Ch. II-19. For purposes of clarity, and at the editor's discretion, these provisions have been included as Art. II-19-2. Cross reference— Boundaries of the town, § 2-2; provisions for notices for nuisances, signs, dangerous, unsafe, dilapidated buildings, and any other action the expense of which may be collected from the property owner, § 2-3; board of appeals, § 2-60 et seq.; parks and community programs advisory committee, § 2-85 et seq.; planning board, § 2-95 et seq.; waterfront and harbor committee, § 2-115 et seq.; division of planning, § 2-246; division of code administration functions, § 2-248; animals, Ch. II-3; buildings and building regulations, Ch. II-4; condominium conversion regulations, § 4-100 et seq.; land subdivision, Ch. II-7; licenses, permits and business regulations, Ch. II-8; marine activities, structures and ways, Ch. II-9; junked and abandoned motor vehicles prohibited on public and private property, § 12-3; solid waste regulations, Ch. II-13; swimming pools, Ch. II-15; traffic and motor vehicles, Ch. II-17; utilities, Ch. II-18; certain discharges into the public sewer system prohibited, § 18-190 et seq. ART. II-19-1. IN GENERAL Div. II-19-1-5. SPECIFIC REQUIREMENTS The following specific requirements shall apply to uses in all districts except as noted: Sec. 19-64 Net Residential Area Sec. 19-64.1 Net Residential Area and Maximum Residential Density. [Amended 7/11/16, 11/14/16] The maximum number of dwelling units for projects requiring Planning Board review shall be the quotient of the net residential area for the development site divided by the maximum residential density allowance as stated in the zoning district dimensional table. Net residential area shall be determined by subtracting from the gross acreage the following: Page 2 of 2 Permitted Structures and Uses A. Accessory structures & uses [Amended 7/25/22] B. Accessory Dwelling Unit C. Business and professional offices D. Wholly enclosed places of assembly, amusement, recreation, culture, and government E. Wholesale establishments F. Warehouses G. Light manufacturing H. Retail and service establishments1 I. Two family or multi family dwellings J. Research facilities K. Restaurants (including carry-out or drive through restaurants)[Amended 11/14/12] L. Residential planned developments M. Municipal buildings and uses N. Tradesman's offices O. Single Family Detached Dwellings (only in established residential areas and except on lots fronting on Gray Road) [Adopted 5/28/96] P. Tier I Personal Wireless Service Facilities [Adopted, 4/25/05] Q. Tier II Personal Wireless Service Facilities [Adopted, 4/25/05] R. Commercial Schools [Adopted 5/27/08] S. Grocery retail 2 [Adopted 11/26/12] T. Essential Services [Adopted, 7/28/2014] U. Hotels3 V. Art and Craft Studios W. Day Care Centers X. Veterinary Clinics Conditional Uses A. Outdoor recreation facilities B. [Repealed 4/25/22] C. Place of Worship D. Excavating Business E. Land reclamation F. Processing of Mineral materials for resale [Amended, 4/25/88] G. [Repealed 4/25/22] H. [Repealed 1/10/22] I. Day Care Homes [Adopted, 7/23/01] J. Kennels [Amended 4/13/20] 1Maximum ground floor tenant area 50,000 square feet 2Maximum ground floor tenant area 60,000 square feet 3Maximum building footprint 20,000 square feet "MUC"- Mixed Use Cluster Min. SetbacksMin. Lot Area (Sq ft) Min. Lot Width Max. Lot Coverage Front Side Rear Max. Residential Density (sq ft) See Section 19-64.1 Single family detached & Accessory dwelling units 20,000 125 ft. 20% 25 20 40 10,000 with public sewerage or 20,000 w/o public sewerage All other uses -- 200 ft. 30% 50 25 25 10,000 with public sewerage or 20,000 w/o public sewerage Effective on: 4/25/2022 Page 2 of 3 a. 10% for roads and parking. b. Land which is cut off from the main parcel by a road, existing land uses, or where no means of access has been provided, so that it is isolated and unavailable for building purposes or for common use. c. Land shown to be in the flood way or coastal high hazard area on the Flood Boundary of Flood Insurance Rate Maps of the Town of Falmouth. d. Other land which is unsuitable for development in its natural state because of topography, drainage, or subsoil conditions. Specific conditions include but are not limited to: 1. Areas having sustained slopes in excess of twenty-five (25%) percent or unstable soils subject to slumping, mass movement, or accelerated erosion. 2. Areas classified as wetlands by state or federal law. [Amended 8/26/96] 3. Areas characterized predominately by "coastal wetlands" as that term is defined in 38 M.R.S.A. subsection 472(2). [Amended 12/22/86] e. Land in rights-of-way or easements. f. Land in Resource Protection Districts. Effective on: 11/14/2016 Sec. 19-64.2 Minimum Net Residential Area Per Lot [Adopted 8/26/96] [Amended 7/24/2000; 12/22/05; 1/24/11; 3/14/11; 7/11/2011; 3/27/16; 7/11/2016; 11/14/16, 5/29/19] Any residential lot created after August 26, 1996 must meet the following lot area requirements: A. After deducting land that falls within the categories in Section 19-64.1.b through f, the lot area equals at least the following square footage per dwelling unit: 1. RA – 15,0001 2. RB - 10,000 3. RC - 30,000 4. RD - 15,000 5. HL - 20,000 6. FF – 40,000 7. VMU – with sewer 5,000, without sewer 10,000 8. MUC – with sewer 7,500, without sewer 15,000 1 Notwithstanding the provisions of 1 M.R.S. §302, the amendments passed in Ordinance No. 127-2019 (effective 5/29/2019) shall apply retroactively and shall govern any and all actions, proceedings, and applications pending on or at any time after May 3, 2019 to the extent permitted by law. Notwithstanding any other provision of this Ordinance, any lot created on or after May 3, 2019 must conform with the requirements of these ordinance amendments and any such lot that does not conform thereto shall not be deemed a legally nonconforming lot with respect to such requirements. B. Lots created in the RCZO under Section 19-18.5 D. shall have at least 50% of the total lot area consist of land that does not fall within the categories in Sections 19-64.1 b through f or else meet the requirements of Section 19-64.2 A. C. For residential planned developments, at least seventy-five (75%) percent of any lot shall consist of land that does not fall within the categories of Section 19-64.1. b through f. Page 3 of 3 D. Notwithstanding subsections A, B, and C above, lots created prior to August 26, 1996 and altered in either of the following ways shall not be considered new lots for purposes of this section: 1. subsequently divided if the division is for purposes of conveyance to a governmental or non-profit agency for the sole purpose of protecting natural resources in perpetuity or providing public access to protected natural resource areas; or 2. encumbered with an easement or other legal instrument held by a governmental or non– profit agency for the purposes of protecting natural resources in perpetuity or providing public access to protected natural resource areas. Effective on: 3/27/2017 8 Workforce Housing RFQ Monday, March 20, 2023 Appendix C – Past Engineering Reports Wetlands Map (2008) Vernal Pools Report (2008) Photographic Record (2008) Soils Report (2006) NORMANDEAU ASSOCIATES, INC. 80 Leighton Road Falmouth, ME 04105 (207) 797-7717 (207) 797-7761 (Fax) www.normandeau.com October 22, 2008 Mr. Theo Holtwijk Town of Falmouth Planning Office 271 Falmouth Road Falmouth, ME 04105 Re: Vernal Pool Survey, Workforce Housing Home Ownership Development Normandeau Project #21388.000 Dear Theo: As requested, Normandeau Associates, Inc. (Normandeau) conducted a vernal pool survey of the proposed Workforce Housing Development site located off Woods Road in Falmouth, Maine. A systematic search was conducted throughout the subject parcel with a focus on potential vernal pools identified in the June 2007 report produced by Statewide Surveys, Inc1. We evaluated a total of 11 potential vernal pools. Each pool was evaluated for evidence of amphibian breeding activity, and its physical and biological characteristics. Consideration was also given as to whether or not each pool qualified as a “significant vernal pool” as determined by the abundance and rarity criteria established under Chapter 335 (Significant Wildlife Habitat Rules). A summary of the results of the vernal pool investigation and pertinent regulatory considerations are described in detail below. For consistency, we have retained the wetland identification/numbering system used in the Statewide Surveys report. Site Description The proposed Workforce Housing site is located south of Woods Road and north of the Maine Interstate- 95 Spur (I-95 Spur) in Falmouth, Maine. The approximate 20-acre parcel is largely undeveloped, although there is a newly constructed police station located on site, a residential development near the northwestern property boundary and a municipal transfer station located across Woods Road to the north. Several wetlands and a perennial stream (Scitterygusset Brook) occur on the site. The parcel is primarily composed of a mixed hardwood-softwood forest, interspersed with several wetland systems. Typical species observed in upland areas include: white pine (Pinus strobus), red maple (Acer rubrum), red oak (Quercus rubra), balsam fir (Abies balsamea), American beech (Fagus grandifolia), and hemlock (Tsuga canadensis) trees, with many of the same species present as saplings, shrubs, and seedlings. Other herbs commonly observed in upland areas include bracken fern (Pteridium aquilinum), wintergreen (Gaultheria procumbens), wood ferns (Dryopterus spp.), starflower (Trientalis borealis), false lily of the valley (Maianthemum canadense), poison ivy (Toxicodendron radicans), and a variety of graminoids (i.e., primarily grasses and sedges). Wetlands on site consist of a variety of emergent, scrub-shrub, and forested communities, with the latter being most prevalent. Commonly observed woody plant species growing within wetland areas include red maple, balsam fir, white pine, yellow birch (Betula alleghaniensis), hemlock, highbush blueberry (Vaccinium corymbosum) speckled alder (Alnus incana), and poison ivy. Among the herbaceous species noted growing in wetland areas were cattails (Typha latifolia), cinnamon fern (Osmunda cinnamomea), sensitive fern (Onoclea 1 Statewide Surveys, Inc. 2007. Letter report for the proposed Police Station addressed to Andrew Hyland, AIA of Port City Architecture. Dated June 13, 2007. NORMANDEAU ASSOCIATES, INC. 80 Leighton Road Falmouth, ME 04105 (207) 797-7717 (207) 797-7761 (Fax) www.normandeau.com sensibilis), poison ivy, royal fern (Osmunda regalis), and a variety of hydrophytic grasses and sedges. Mapped soils on the site consist of Lyman/Tunbridge loam/fine sandy loam, Tunbridge/Lyman loam/fine sandy loam, Naskeag fine sandy loam, Peacham muck, Scantic silt loam, and Swanton fine sandy loam. 2 Many of these soils are poorly drained, and listed as hydric soils by the Natural Resource Conservation Service (NRCS). County soil survey data also indicates the presence of borrow areas, shallow to bedrock areas, and rock outcroppings on the property. Vernal Pool Survey The vernal pool survey was completed by walking transects on the subject property, and documenting the presence of larval and adult amphibians, egg masses, or relevant rare species, and other data. In addition, the physical characteristics of each pool, including wetland type and water depth, were recorded. Vernal pools are dynamic habitats that vary in water level, vegetative cover, and other physical characteristics during the course of a year, as well as from year to year. In addition, the breeding activity of amphibians, particularly the initiation of breeding, is dependent upon seasonal environmental parameters such as temperature and precipitation. Due to this variability, the presence and number of egg masses may differ between breeding seasons and during the course of a given breeding season. Moreover, many of the amphibian species that utilize these pools, breed at different times during the spring, and differ in their life history cycles. Because of these differences in life cycles, the Maine Department of Inland Fisheries and Wildlife (MDIFW) is generally recommending that two surveys be conducted to collect data during, or immediately after, peak breeding activity for the vernal pool amphibian species common to Maine. For this project, the presence, absence, and number of egg masses presented in this report reflect the results of site visits conducted on May 2, 2008, and May 28, 2008. Eleven (11) potential vernal pools were initially identified on the property, and subsequently were surveyed for egg masses or larvae of amphibian vernal pool indicator species (wood Frog [Rana sylvatica], spotted salamander [Ambystoma maculatum], blue-spotted salamander [Ambystoma laterale]), and for fairy shrimp (Eubranchipus sp.). Only one of the pools had amphibian breeding activity documented during the two site visits. Based on observations made of the amphibian breeding activity on this site and in the region, the survey efforts were conducted at the appropriate times for characterizing the vernal pool species of interest. Note that at locations where one or more of the indicator species were observed in the pool, further information concerning the physical and biological aspects of the resource (e.g., size, hydrology, vegetation, etc.) was collected. Photographs were also taken of the pools and of the indicator species observed. The photographs are provided as Attachment 1 of this document. One vernal pool location was noted in the northern portion of Wetland D adjacent to Woods Road which had evidence of amphibian breeding activity. This area consists of a series of interconnected areas of standing water, within a greater scrub-shrub wetland complex associated with the upper reaches of Scitterygusset Brook (Photos 1 and 2). The main pool is roughly 100 feet wide and 50 feet long. During the May 5th site visit, a maximum depth of approximately 12 inches was noted in this area. A total of 15 wood frog and 7 spotted salamander egg masses were observed and photographed (Photos 3 and 4) within the pool. An additional three wood frog tadpoles were also observed in the pool. By the second site visit on May 28, 2008, the maximum depth in the pool was generally less than 4 inches, and no egg masses or 2 Hedstrom, Gary. 1974. Soil Survey of Cumberland County, Maine. Published by USDA Soil Conservation Service (now NRCS) in cooperation with Maine Agricultural Experiment Station and Maine State Soil and Water Conservation Commission. NORMANDEAU ASSOCIATES, INC. 80 Leighton Road Falmouth, ME 04105 (207) 797-7717 (207) 797-7761 (Fax) www.normandeau.com Table 1. Summary of vernal pool survey data collected at the Falmouth Workforce Housing Development Site, Woods Road, Falmouth, ME. Vernal Pool # Wood Frog Egg Masses Spotted Salamander Egg Masses Water Depth (inches) Meet Definition of VP or Significant VP? Comments May 5 May 28 May 5 May 28 May 5 May 28 A 0 0 0 0 10 2 NVP Standing water with no egg masses observed in 2007 or in either visit in 2008 B 0 0 0 0 6 0 NVP No breeding activity observed in 2007 or 2008. C 0 0 0 0 8 0 State/Falmouth VP, but not Significant VP; Feds=VP 1 adult wood frog observed in 2008, but no breeding activity. In 2007 this pool contained 6 wood frog egg masses. D (north) VP1 15 0 7 0 12 4 State/Falmouth VP, but not Significant VP; Feds=VP Located embedded within larger emergent wetland system (northern end of Wetland D). Site connected to stream. During 2007 site visit, documented 11 wood frog and 9 spotted salamander egg masses. Noted 1 adult green frog during late May 2008 site visit. No fish observed. D (south) 0 0 0 0 6 4 NVP Wetland associated with stream near I-95 Spur. No breeding activity present in 2008. Hummock and hollow topography. E 0 0 0 0 8 0 NVP Situated in non-natural depression with areas of pit and mound microtopography. No egg masses observed in 2007 or 2008. F 0 0 0 0 14 0 NVP Pool adjacent to gravel road, situated in depression caused by skidder and clearing activities. No egg masses observed in 2007 or 2008. G 0 0 0 0 6 0 NVP Wetland area with elongated pool. No breeding activity. No egg masses observed in 2007 or 2008. Area 1 0 0 0 0 8 0 NVP Isolated upland depression with small pooled area. No egg masses observed in 2007 or 2008. Area 2 0 0 0 0 6 0 NVP Isolated upland depression with small pooled area. No egg masses observed in 2007 or 2008. Area 3 0 0 0 0 4 0 NVP Isolated upland depression with small pooled area. No egg masses observed in 2007 or 2008. NVP=Not a Vernal Pool; VP=Vernal Pool larvae were observed in the pool. One green frog (Rana clamitans) was observed in the pool on this date. The area constituting this pool appears to be natural in origin, although it was noted that it is associated with a watercourse that drains under Woods Road via twin culverts. This watercourse is depicted on the NORMANDEAU ASSOCIATES, INC. 80 Leighton Road Falmouth, ME 04105 (207) 797-7717 (207) 797-7761 (Fax) www.normandeau.com pertinent USGS topographic map.3 Data collection to determine the presence or absence of fish was not undertaken, although none were observed in the area during either of the site visits in 2008. The remaining ten ephemeral pools illustrated suitable habitat characteristics for breeding amphibians, but did not contain any evidence of breeding vernal pool species during either of the site visits completed in 2008 (Photos 5-9). They possessed adequate attachment sites for egg masses (i.e. branches and/or shrubs) and had high canopy coverage (>50%). During the first site visit, all pools contained water that ranged in depth from 6 to 14 inches. During the second site visit, it was noted that many of the pools lacked standing water (i.e., Wetlands C, E, Areas 1, 2, and 3, and the southern end of Wetland D near the I-95 Spur), or generally held less than four inches of water (i.e., Wetland D near Woods Road). Table 1 summarizes the vernal pool data collected in 2008, and contrasts the results with the data from the 2007 survey effort completed by Statewide Surveys. It was noted that the Statewide Surveys vernal pool investigation suggests that Wetland C may also qualify as a vernal pool, although during their review it did not meet the abundance criteria to be considered a significant vernal pool. Applicable State and Federal Regulations Wetlands – State Regulation The Maine Department of Environmental Protection (MDEP) and the US Army Corps of Engineers (Corps) regulate the wetlands identified within the project area. Generally, projects that are not located within a wetland, or projects that alter less than 4,300 square feet of wetland and are not within a Shoreland Zone or impact a Wetland of Special Significance, are exempt from the Natural Resources Protection Act (NRPA) permitting requirements. Typically, projects with cumulative impacts to wetlands between 4,300 and 15,000 square feet are eligible for review under the Tier 1 process. The Tier 2 review process applies to alterations that affect between 15,000 and 43,560 square feet (i.e., 1-acre). Cumulative project impacts that exceed 1-acre, and impacts to Wetlands of Special Significance, typically require a Tier 3 review by MDEP. Under NRPA, Wetlands of Special Significance are wetlands that: • are within 250 feet of a coastal wetland; • contain one of the critically imperiled (S1) or imperiled (S2) wetland communities as identified by the Maine Department of Conservation Natural Areas Program; • are within 250 feet of a great pond; • are within 25 feet of a river, stream, or brook; • contain at least 20,000 square feet of aquatic or emergent vegetation or open water; • contain significant wildlife habitat; • contain peatland; and/or; • are within a floodplain. Neither of the wetlands on this site are located within 250 feet of coastal wetlands or a great pond, contain a peatland, or are located within a Federal Emergency Management Agency-mapped floodplain. In addition, our estimate of the area of emergent wetland/open water associated with Wetland D indicates that it covers far less than 20,000 square feet. Normandeau did not conduct agency consultations, and therefore has not assessed the potential for rare species or documented significant wildlife habitat on site. We recommend that consultation with the Maine Department of Inland Fisheries and Wildlife (MDIFW) 3 See USGS Portland East, ME 7.5 Minute Quadrangle. Published 1956, Photorevised 1970, and Photoinspected 1975. NORMANDEAU ASSOCIATES, INC. 80 Leighton Road Falmouth, ME 04105 (207) 797-7717 (207) 797-7761 (Fax) www.normandeau.com and Maine Natural Areas Program (MNAP) be initiated to confirm that the project site does not contain mapped significant wildlife habitat or documented occurrences of listed rare species or features. Once these tasks have been completed, a final determination of the permitting requirements can be made. Both Wetlands A and D would qualify as streams under the NRPA, and therefore the wetland areas located within 25 feet of the edge of stream would be considered a Wetland of Special Significance. In addition, those adjacent areas within 75 feet of the resource would also be regulated. However, NRPA does provide for a permit by rule (PBR) program for stream crossings, and also for activities conducted in adjacent areas. These PBRs require that the applicant demonstrate that they can meet the specific performance standards outlined in the Chapter 305 Rules for the proposed activity. An assessment of the applicability of the PBR program, and whether or not the individual standards can be met will be more definitive when the development plans for the site have been clarified. Vernal Pools – State Regulation On September 1, 2007, revisions to Chapter 335, which regulates Significant Vernal Pools as Significant Wildlife Habitat, became effective. Chapter 335 provides specific definitions and standards regarding the characterization and protection of Significant Vernal Pools in Maine. In summary, unavoidable impacts to a Significant Vernal Pool, which includes the critical terrestrial habitat within 250 feet of the high water line of the actual vernal pool, may require an Individual Permit under the Natural Resource Protection Act (NRPA). MDEP rules do provide for a Permit by Rule (PBR) for significant vernal pools (PBR 19), which allows for some activities within the critical terrestrial habitat if the standards of the PBR can be met. If impacts to the Significant Vernal Pool cannot be avoided and the standards for the PBR cannot be met, an Individual Permit, and potentially compensation, may be required. As highlighted above, our review of the project site indicates that none of the vernal pools on site qualify as “significant” under the MDEP’s definition. Our efforts identified only one vernal pool with amphibian breeding activity (Wetland D, north end). One pool (Wetland C) had evidence of breeding activity (6 wood frog egg masses) in 2007, but did not display evidence of breeding in 2008. In Wetland D it was also noted that this area is hydrologically connected to a stream, and therefore would not meet the current definition of a vernal pool under the NRPA.4 It was also noted that many of the pools were dry during the late May 2008 site visit, suggesting that even if breeding were to occurr, the hydroperiod may be inadequate for the larvae to complete their development and emerge from the pools. It should also be noted that the recent changes to the vernal pool rules include a provision that allows for MDEP discretion to exclude pools that fill during the spring but dry before July 15. In summary, our 2008 survey of the project site during the appropriate time of year indicates that none of the vernal pools on site qualify as “significant” under the MDEP’s definition, and only one contained evidence of any amphibian breeding. In addition to NRPA, certain development projects in Maine may also be regulated under Chapter 375, Site Location of Development (i.e., Site Law). Vernal pools that are ecologically significant on a landscape level may be regulated by the MDEP under Site Law. Under some circumstances, setbacks beyond 250 feet may be required by MDEP from high functioning vernal pools. In our opinion, none of the pools located on this site were high functioning. Federal Regulation At the Federal level, the Maine Programmatic General Permit (PGP), which is issued by the U.S. Army Corps of Engineers (Corps) for projects involving “minimal” wetland impacts, also addresses protection 4 Note that recent legislative changes to Chapter 335 (Significant Wildlife Habitat Rules) excludes vernal pools with a permanently flowing inlet and outlet from regulation as a Significant Vernal Pool. NORMANDEAU ASSOCIATES, INC. 80 Leighton Road Falmouth, ME 04105 (207) 797-7717 (207) 797-7761 (Fax) www.normandeau.com of vernal pools. Under the Maine PGP (General Condition 27), projects are required to avoid and minimize impacts to uplands within 500 feet of any vernal pool.5 If a Corps application is required for the project due to impacts on wetlands, the U.S. Fish and Wildlife Service and/or the US Environmen Protection Agency can recommend that uplands within 750 feet of the high water mark of the pool be protected by maintaining 75% of the total area as unfragmented habitat, consistent with guidance provided by Calhoun and Klemmens (2002). tal 6 It should be noted that Federal regulations are more inclusive of what constitutes a regulated vernal pool resource, because they do not require that vernal pools be “natural”, nor do they require that the pool lack a permanently flowing inlet or outlet. Although the pool in question did not have evidence of significant breeding activity, we recommend a follow-up discussion on-site with the appropriate Federal agencies to discuss the project, anticipated impacts as they relate to vernal pools and other resources on-site, and potential permitting issues. We will be happy to coordinate this meeting at your earliest convenience. Local Regulation Currently, the Town of Falmouth is developing new ordinances based on policies approved by the Town Council in May of 2008. These proposed ordinances are being adopted to bring better consistency with State and Federal regulations, and to provide more science-based resource protection practices. Because the ordinances are being drafted at this time, and are not final, the highlighted regulatory summary provided below is limited to presenting a framework as outlined in the Town Council-approved policy guidance. • Wetlands - the Town’s new ordinances will adopt a definition of Wetland of Special Significance (WSS) similar to the State’s definition. Assuming that the site does not contain any documented rare species, critically imperiled or imperiled habitat, or significant wildlife habitat, the wetlands on the subject project site would largely not qualify as WSS. The exception to this would be those wetland areas within 25 feet of the streams identified on site. Under the approved policy guidance for wetlands, activities would be regulated within 250 feet of WSS, with a goal of no alterations allowed within 100 feet of the edge of the WSS. An exception would apply for stream crossings required to access the development area. For all other wetland areas (i.e., non-WSS, a 50 foot setback would be required for structures, and efforts to minimize impacts within seventy-five (75) feet from the edge of the wetland must be followed. However, the approved policy also includes an exemption for certain zoned areas of town, including the mixed use cluster (MUC) zone, which this site is located within. Within the MUC, alterations may be allowed if impact avoidance and minimization has been demonstrated through the planning board review process. • Vernal pools – As noted above, the site does not include significant vernal pools, but data collected in 2007 and 2008 indicates that Wetlands C and D (northern part) qualify as vernal pools under the town’s proposed definition. Alterations within 100 feet of a vernal pool are 5 Appendix A of the ME PGP defines vernal pools as “Temporary to permanent bodies of water occurring in shallow depressions that fill during the spring and fall and may dry during the summer. Vernal pools do not have permanent or viable populations of predatory fish. Vernal pools provide the primary breeding habitat for wood frogs, spotted salamanders, blue-spotted salamanders, and fairy shrimp, and provide habitat for other wildlife including several endangered and threatened species.” In contrast to the NRPA, it is important to note that the ME PGP does not exclude man-made pools or pools with permanent inlets from its definition of vernal pool. 6 Calhoun, A. J. K. and M. W. Klemens. 2002. Best development practices: Conserving pool-breeding amphibians in residential and commercial developments in the northeastern United States. MCA Technical Paper No. 5, Metropolitan Conservation Alliance, Wildlife Conservation Society, Bronx, New York. NORMANDEAU ASSOCIATES, INC. 80 Leighton Road Falmouth, ME 04105 (207) 797-7717 (207) 797-7761 (Fax) www.normandeau.com generally not permitted. However, because the property is located in the MUC zone, alterations could be allowed if impacts are avoided and minimized as demonstrated by the planning board review process. • Compensation could be required if wetland impacts on site exceed 4,300 square feet, or for impacts to critical terrestrial habitat surrounding the vernal pool. Please feel free to contact me at (207) 797-7717 with any questions regarding this report. Sincerely, NORMANDEAU ASSOCIATES INC. Jeffrey Simmons, PWS/NHCWS Principal Scientist Attachment 1 – Photographic Record NORMANDEAU ASSOCIATES, INC. Attachment 1 Photographic Record NORMANDEAU ASSOCIATES, INC. PHOTOGRAPHIC RECORD VP1 Photo: 1 Photographer: S. Casto Date: 5/5/08 Direction: North Comments: Photo shows a VP 1 found in the northern portion of Wetland D. Dominated by Typha latifolia, 15 wood frog and 7 spotted salamander egg masses were located in the foreground of the photo. Note the transfer station and Woods Road in the background. Wetland D Photo: 2 Photographer: J. Simmons Date:5/28/08 Direction: North Comments: Looking north into VP 1 in Wetland D. No egg masses were observed during the second field visit. NORMANDEAU ASSOCIATES, INC. PHOTOGRAPHIC RECORD Spotted Salamander Egg Masses Photo: 3 Photographer: S. Casto Date: 4/21/078 Direction: Down Comments: Photo shows spotted salamander egg masses located within VP1 Wood Frog Egg Masses Photo: 4 Photographer: S. Casto Date: 4/21/08 Direction: Down Comments: Photo shows the wood frog egg masses within VP 1 located in Wetland D. NORMANDEAU ASSOCIATES, INC. PHOTOGRAPHIC RECORD Wetland A Photo: 5 Photographer: S. Casto Date: 5/5/08 Direction: South Comments: Photo shows Wetland A during the first site visit. No amphibian breeding activity was observed. Wetland D near I-95 Spur Photo: 6 Photographer: S. Casto Date: 5/5/08 Direction: South Comments: Photo shows Wetland D, southern portion. Notice the I-95 Spur in the background. No amphibians were observed in this pool. NORMANDEAU ASSOCIATES, INC. PHOTOGRAPHIC RECORD Bottom substrate Photo: 7 Photographer: J. Simmons Date: 5/28/08 Direction: North Comments: Photo shows the Wetland B dried up during the second site visit. No amphibian breeding activity was observed. Segment 3 Photo: 8 Photographer: S. Casto Date: 5/5/08 Direction: South Comments: Photo shows Area 2 looking south. No amphibian breeding activity was observed at this pool. This pool was completely dry during the second site visit. NORMANDEAU ASSOCIATES, INC. PHOTOGRAPHIC RECORD Extra Photo: 9 Photographer: S. Casto Date: 5/5/08 Direction: East Comments: Photo shows Wetland C looking north. No amphibian breeding evidence were observed here. In 2007, wood frog eggs were observed at this pool.