HomeMy WebLinkAboutSERO DEP# and COMMENTS1
Cavanaugh, Kimberly
From:SERO_NOI@MassMail.state.ma.us
Sent:Friday, March 28, 2025 12:00 PM
To:james.hill@foth.com; amy.walkey@mass.gov
Cc:sero_noi@state.ma.us; ConservationMailbox; Cavanaugh, Kimberly;
sero_noi@state.ma.us
Subject:MassDEP NOI File Number
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
SOUTHEAST REGIONAL OFFICE
20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700
Date: 03/28/2025 Municipality BARNSTABLE
RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER
The Department of Environmental Protection has received a Notice of Intent filed in accordance with the
Wetlands Protection Act (M.G.L. c. 131, §40):
Applicant TOWN OF BARNSTABLE, DPW
Address 382 FALMOUTH
ROAD,BARNSTABLE MA
Locus MULTIPLE LOCATIONS** ,
BARNSTABLE MA
Owner
Address
This project has been assigned the following file # : SE 003-6259
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT APPROVAL OF
APPLICATION
Although a file # is being issued, please note the following:
See ENF Certificate comments.
ADDITIONAL REQUIREMENTS:
A Chapter 91 license may be required. Application and transmittal forms are available on the MassDEP website
http://www.mass.gov/eea/agencies/massdep/water/approvals/wetlands-and-waterways-forms.html#2. For
additional information, contact MassDEP Waterways Program by email at dep.waterways@mass.gov or visit
https://www.mass.gov/waterways-program-chapter-91.
A 401 Water Quality Certification (WQC) (314 CMR 9.00) may be required for this project. The project qualifies
for 401 Certification under the Army Corps of Engineers General Permit for Massachusetts (MAGP), provided
that the project meets certain conditions outlined in 314 CMR 9.03 and 9.04, and the conditions under MAGP.
WQC information is available at https://www.mass.gov/regulations/314-CMR-9-401-water-quality-certification
and MAGP information is available at
http://www.nae.usace.army.mil/Missions/Regulatory/StateGeneralPermits/MassachusettsGeneralPermit.aspx.
2
401 WQC applications must now be submitted electronically through EEA’s ePLACE online tool at
https://www.mass.gov/lists/water-quality-certification-forms-massdep. MASSDEP WILL NO LONGER ACCEPT
PAPER APPLICATIONS FOR THESE FILINGS. General instructions and visual EEA ePLACE step-by-step
instructions to assist in submitting your application are available online at
https://www.mass.gov/how-to/ww-10-11-majorminor-fill-and-excavation-projects. and
https://www.mass.gov/how-to/ww-07-08-09-water-quality-certifications-dredging-projects
Based upon the information submitted in and with your Notice of Intent a separate 401 Water Quality
Certification application form is not required. Provided that:
(a) activities are conducted in compliance with MGL c.131, §40 (the Wetlands Protection Act) and the Final
Order of Conditions permitting the activities does not result in the loss of more than 5,000 square feet
cumulatively of bordering and isolated vegetated wetlands and Land Under Water and/or the dredging of more
than 100 cubic yards of Land Under Water;
(b) the Final Order of Conditions requires at least 1:1 replacement of Bordering Vegetated Wetlands pursuant to
310 CMR 10.55(4)(b);
(c) the project is not listed in 314 CMR 9.04(1) through (11) including: discharge of dredged or fill material to any
Outstanding Resource Water; any part of a subdivision unless deed restricted, so long as the discharge is not to
an Outstanding Resource Water see 314 CMR 9.04(3); activities exempt from MGL c.131, §40 (except for normal
maintenance and improvement of land in agricultural or aquacultural use); discharge of dredged or fill material
to an isolated vegetated wetland identified as rare and endangered species habitat; loss of any salt marsh;
activities subject to an individual 404 permit.
If impacts to resource areas or project size increases beyond that described in the Notice of Intent or there are
discrepancies therein, you must notify MassDEP and request a determination that the criteria of 314 CMR 9.03
have been met before the activity may begin.
Review under Section 404 may be required. (Call 1-800-362-4367 for information).
Regards,
for MassDEP,
(857)-283-5930
Amy.Walkey@mass.gov