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HomeMy WebLinkAbout20250401_NOI_Redler-Entine_1694 Main Street1 NOTICE OF INTENT Filing under the Massachusetts Wetlands Protection Ave, MGL Chapter 131, Section 40 and the Wetlands Protection By Law of the Town of Barnstable INVASIVE PLANT MANAGEMENT 1694 MAIN STREET COTUIT, MASSACHUSETTS Prepared for: Elisa Redler Entine Revocable Trust Prepared by: Wilkinson Ecological Design 2 April 1, 2025 Barnstable Conservation Commission Attn: Edwin Hoopes, Interim Conservation Administrator 230 South Street Hyannis, MA 02601 RE: Notice of Intent for an Ecological Restoration Limited Project Application Filing Assessor’s Map: 17 , Parcel: 17 1694 Main Street Cotuit, MA Dear Mr. Hoopes & Commission Members, On behalf of the applicant, Wilkinson Ecological Design Inc. (WED) submits a Notice of Intent for an Ecological Restoration Limited Project Application Filing Package. Please find enclosed an original Notice of Intent and its supporting documents for work at the above referenced property. Also enclosed is the NOI filing fee check. Supporting documents enclosed: • WPA Form 3 - Notice of Intent • NOI Wetland Fee Transmittal Form • Appendix A: Ecological Restoration Limited Project • Authorization of Representation Form • Project Narrative & Performance Standards • Copy of the Notice submitted to the Environmental Monitor 3/3/25 • FORM PA - Property Access • Abutter Notification Letter • Abutter List and Abutters Assessor Map, identifying locus • Driving Directions • NHESP Maps of Estimated and Priority Habitats of Rare Wildlife • USGS Map, identifying locus • Invasive Plant Management Protocol dated 4/1/25 • Restoration Plan dated 4/1/25 Please contact me if you have any questions. Sincerely, Steve Lee, Project Manager Wilkinson Ecological Design, Inc. 28 Lots Hollow Road | Orleans, MA 02653 Tel:(508)255-1113 | Fax:(508)255-9477 TMTM 3 Chap 707/rev. February 2025 Page 1 CHAPTER 707 Regulation Governing Minimum Submission Requirements for a Notice of Intent Application The Barnstable Conservation Commission has adopted the following requirements in order to obtain more consistently complete submission documents necessary for a thorough and efficient review of all Notice of Intent (NOI) applications. Failure to complete any of the items in this checklist may result in your application being denied. Applicant or applicant’s agent should check each box denoting that the task has been completed or in certain instances, like field staking, denoting that the task will be completed. The following submission checklist covers the requirements of Chapter 237, Wetland s Protection, of the Part I General Ordinances of the Code of the Town of Barnstable. This checklist shall be submitted to the Barnstable Conservation Division with the NOI application. 1.Requirements a.The applicant understands, unless they’ve instructed otherwise, they are applying both under the Massachusetts Wetlands Protection Act M.G.L. c.131,§40 and Chapter 237 of the Town of Barnstable General Ordinances. b.Attach a written narrative to the NOI application (WPA Form 3), available at: www.mass.gov/eea/agencies/massdep/service/approvals/wpa-form-3.html describing any project impacts and proposed mitigation as they relate to the following: 1)Any of the interests of Chapter 237 of the General Ordinances and the MassDEP Wetlands Protection Act M.G.L. 131, §40. 2)The performance standards contained in the MassDEP Wetlands Protection Regulations (310 CMR 10.00) 3)Chapter 704: Regulation Governing Activity in the 100-ft. Buffer Zone. 4)Chapter 703: Private Docks and Piers. 5)Any other applicable regulations (310 CMR 10.00 or as promulgated under Chapter 237 of the General Ordinances). c.Enclose proper payment to cover the fee for Chapter 237 filings. Consult current Fee Schedule at www.townofbarnstable.us/Conservation d.Please indicate who is to record the Order of Conditions (check one): Applicant Agent 2.Abutter Notification (See Abutter Notification Regulation, Chapter 706) Town of BarnstableConservation Commission 230 South Street Hyannis Massachusetts 02601 Office: 508-862-4093 E-mail: conservation@town.barnstable.ma.us N/A 4 Chap 707/rev. February 2025 Page 2 a.Contact the Conservation Division office at (508) 862 -4093 regarding the docketing process, or see current schedule of Conservation Hearings and submission deadlines at: www.townofbarnstable.us/Conservation/ b.Provide a copy of the list of abutters within a 100 ft radius of the project parcel. c.Provide a copy of the Assessor’s Map indicating the parcel of the pr oject site and showing the 100 ft radius of the project parcel. d.Provide a copy of the abutter notification letter. Use the form letter provided in our Abutter Notification Regulation (Chapter 706), available on the Conservation Division website. e.Email copies of the green return receipts, from the certified mailings to the abutters, as proof of notification . If any mailings are returned, email a copy of the entire envelope, indicating by postal service stamp the reason for return. You will retain the receipts afterwards, not the Conservation Division. f.I further certify under the penalties of perjury that all abutters were notified of the Notice of Intent Application, pursuant to the requirements of Chapter 23 7 of the General Ordinances of the Code of the Town of Barnstable. Notice must be made in writing by certified mail to all abutters within 100 ft of the property line of the project location. _______________________________________ Signature of Applicant or Representative Date 3.Field Staking: a.On or before Tuesday, @ 8:30 a.m., one week prior to the scheduled public hearing, have your project staked by a professional engineer or registered land surveyor showing all outside corners of all proposed structures and the continuous proposed “limit of work” line. b.Have a wetland scientist or other qualified professional flag all wetland res ource areas on or within 100 ft of the work area. Make sure that the flags are sequentially numbered. c.Provide a project identification stake with bright painted top and applicant name and address, easily visible from the street approaching the site. 4.Legal Advertisement Fees: a.Conservation will submit the legal ad for publication in a local newspaper. The applicant or his/her agent is responsible for payment,by check (payable to the Town of Barnstable), at the hearing or by mail.The cost of the legal ad will be pre-calculated and posted on the hearing agenda prior to the hearing. 5.Minimum Documentation for a Complete Application: a.Provide a completely filled-out (in all parts) NOI application as locally adopted for the Town of Barnstable, including MassDEP Vegetated Wetland Field Data Form. Indicate Assessor’s map and parcel of the project, as well as the street or road address, and pertinent village (i.e., Hyannis, Centerville, Barnstable, etc). b.Provide two (2)original project plans, stamped in blue or red ink (wet stamp).Plans must be signed and dated by a Massachusetts licensed, professional engineer, land surveyor, architect or landscape architect (as applicable), and shall be drawn at a readable scale (1" = 20' preferred). For multi-acre sites, a second site plan, drawn at larger scale showing the entire site, should also be provided. 4/1/25 5 Chap 707/rev. February 2025 Page 3 c.Provide a signed Permission to Access Property, Form PA. The form must be signed by the property Owner, or legal representative and submitted with the NOI. . Form PA is available at www.townofbarnstable.us/Conservation/. d.For projects requiring mitigation plantings under Chapter 704-3, 704-4, and 704-5, mitigation planting location(s) shall clearly be shown on landscaping planting plan. The planting plan shall include: 1.species (chosen from the Town of Barnstable Conservation Commission approved planting lists), sizes, densities and/or quantities. 2.area calculations in 0’ -50’ and 50’ –100’ separately for the amount of mitigation planting required. 3.the amount of mitigation planting proposed. 4.a note or indication stating the area between the proposed plants will either be planted with an appropriate native seed mix or left to naturalize. 5.a note stating mulch may only be used under the dripline of proposed plants. 6.demarcation markers along the landward side of the mitigation planting area. The type of demarcation marker shall be selected from the list approved by the Conservation Commission. e.Provide detailed, written street directions to the locus (site). f.Provide a copy of a U.S.G.S. locus map indicating the general area of the project site. g.Provide a check for the Town of Barnstable portion of the required filing fee. (The portion payable to the Commonwealth, see 7. e.below) h.Provide any other documentation, photographs, architectural renderings or other supporting data prepared by professionals competent in the field which may be relevant to the application. 6.The site plan shall also show: a.All existing and proposed contours at 2-ft.minimum intervals (1-ft.preferred). b.Clear delineation of all existing and proposed structures and features. Building structures must be accurately dimensioned (fixed location) from property lines and wetland resource areas. Plans shall provide sufficient detail to show all potential wetland impacts, mitigation, compensatory areas, engineered structures, utilities, landscaping, etc. within the area of jurisdiction. On complicated sites, existing and proposed conditions must be shown on separate sheets. c.Locus inset map of the site clearly showing its location relative to surrounding public streets. d.All wetland resource area flags by individual flag number (matched to the field) to clearly identify all resource areas on or within 100 feet of the work area.The individual who performed the flagging and date of flagging shall be identified on the plan next to the resource line. e. Section views showing changes in grade, cuts and fills. 7.SUBMISSION OF THE COMPLETED APPLICATION WITH PLANS: a.Email NOI application and all associated materials in PDF format to Kimberly.Cavanaugh@town.barnstable.ma.us AND Edwin.Hoopes@town.barnstable.ma.us Do not include copies of checks. All attachments must be named with the hearing date (year first),type, name, address. Examples 20220301 NOI Smith 21 Main Street or 2022031 NOI Plan Smith 21 Main Street. c.Provide two (2) full NOI applications with folded plans (colored ink stamp) with signature/date to the Town of Barnstable Conservation Division Office for administrative use; N/A 6 Chap 707/rev. February 2025 Page 4 d.Provide seven (7) additional collated copies of the NOI (with folded plans and all pertinent data attached) to the Barnstable Conservation Division Office for distribution to, and review by, Conservation Commission members. Any supplementary documentation for administrative and commission review should be submitted as soon as possible prior to the scheduled public hearing.* e.Mail one (1) copy of the complete NOI with plan(s) to the Massachusetts Department of Environmental Protection (MassDEP) Southeast Regional Office, 20 Riverside Dr., Lakeville, MA 02347. Send MassDEP portion of filing fee to: MA Department of Environmental Protection, Box 4062, Boston, MA 02211.MassDEP also recommends applicants send their Notices of Intent by email to SERO_NOI@mass.gov. f.For roadway construction or repair projects, provid e one electronic copy of the NOI and plans to the Senior Project Manager Special Projects, c/o the Town of Barnstable Department of Public Works, 382 Falmouth Road, Hyannis, MA 02601. g.For coastal piers, dredging, coastal engineering structures or other coastal erosion control projects, provide two hard copies of the NOI and plans to the Shellfish Biologist, c/o Town of Barnstable Natural Resources, 1189 Phinney’s Ln., Centerville, MA 02632. In addition,email a (PDF) version to: 1)shellfishNOI@town.barnstable.ma.us. (Email must be sent the same day as submission to the Conservation Division); and 2)conservationprojects@town.barnstable.ma.us h.Also, for coastal piers, dredging, coastal engineering structures, provide two hard copies of the NOI and plans to the Harbormaster, c/o Town of Barnstable Marine and Environmental Affairs (MEA), 1189 Phinney’s Ln., Centerville, MA 02632. In addition,email a (PDF) version to: 1)harbormaster@town.barnstable.ma.us. (Email must be sent the same day as submission to the Conservation Division); and 2)conservationprojects@town.barnstable.ma.us Note:Please title the file for your NOI project as follows: a. Submission date,b. Last name of applicant, c.Map/parcel of property, e.g.,082316-Smith-076024. *Note: If a revised plan needs to be submitted prior to a hearing, please follow same instructions as 7. b. above (and submit to other entities as may be applicable). Plan revisions must be clearly noted and dated in the revision block. (The same individual who stamped the original plan must also stamp and sign the revised plan). Submitted this day of in the year in accordance with the Town of Barnstable “Regulation Governing Minimum Submission Requirements for a Notice of Intent Application” by: (Print Name) Owner / Applicant Signature Telephone Number Owner’s Authorized Agent Signature Telephone Number Approved:May 28, l997 Revised March 15, 2022 Revised:May 12, 2015 Revised February 5, 2025 Revised:August 23, with minor rev. Sept. 6, 2016 N/A N/A N/A 1st April 2025 Steve Lee (representative) on behalf of Elisa Redler Entine Revocable Trust Elisa Redler-Entine Steve Lee (802) 255-1113 7 wpaform3.doc • rev. 12/4/2023 Page 1 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1.Project Location (Note: electronic filers will click on button to locate project site): a. Street Address b. City/Town c. Zip Code Latitude and Longitude: d. Latitude e. Longitude f. Assessors Map/Plat Number g. Parcel /Lot Number 2.Applicant: a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address 3.Property owner (required if different from applicant):Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4.Representative (if any): a. First Name b. Last Name c. Company d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 5.Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid 41.5993 -70.4465 017 017 $110.00 $42.50 $67.50 Cotuit #1694 Main Street Cotuit MA Elisa Redler Entine Revocable Trust 2 Avery Street Apt 8D Boston MA 02111 Stephen Lee Wilkinson Ecological Design 28 Lots Hollow Rd. Orleans MA 02653 8 wpaform3.doc • rev. 12/4/2023 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town A. General Information (continued) 6.General Project Description: 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8.Property recorded at the Registry of Deeds for: a. County b. Certificate # (if registered land) c. Book d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. The project proposes the management of approximately 19,620 SF of invasive plant management and restoration activities. Other Barnstable 193530 Cotuit 9wpaform3.doc • rev. 12/4/2023 Page 3 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a.Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c.Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f.Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2.Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3.Total area of Riverfront Area on the site of the proposed project:square feet 4.Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft.c. square feet between 100 ft. and 200 ft. 5.Has an alternatives analysis been done and is it attached to this NOI? Yes No 6.Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. 6,070SF Cotuit 10wpaform3.doc • rev. 12/4/2023 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b.Land Under the Ocean 1. square feet 2. cubic yards dredged c.Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d.Coastal Beaches 1. square feet 2. cubic yards beach nourishment e.Coastal Dunes 1. square feet 2. cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement (if any) f.Coastal Banks 1. linear feet g.Rocky Intertidal Shores 1. square feet h. Salt Marshes 1. square feet 2. sq ft restoration, rehab., creation i.Land Under Salt Ponds 1. square feet 2. cubic yards dredged j. Land Containing Shellfish 1. square feet k.Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1. cubic yards dredged l.Land Subject to Coastal Storm Flowage 1. square feet 4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a. square feet of BVW b. square feet of Salt Marsh 5. Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings 19,620SF Cotuit 11 wpaform3.doc • rev. 12/4/2023 Page 5 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C.Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1.Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 b. Date of map If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below). c.Submit Supplemental Information for Endangered Species Review∗ 1. Percentage/acreage of property to be altered: (a)within wetland Resource Area percentage/acreage (b)outside Resource Area percentage/acreage 2. Assessor’s Map or right-of-way plan of site 2. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ∗∗ (a) Project description (including description of impacts outside of wetland resource area & buffer zone) (b)Photographs representative of the site ∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma- endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. Cotuit 12 wpaform3.doc • rev. 12/4/2023 Page 6 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - Bourne to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: dmf.envreview-south@mass.gov North Shore - Plymouth to New Hampshire border: Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: dmf.envreview-north@mass.gov Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office. c. Is this an aquaculture project? d. Yes No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57). Cotuit 13 wpaform3.doc • rev. 12/4/2023 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. Cotuit 14 wpaform3.doc • rev. 12/4/2023 Page 8 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town D. Additional Information (cont’d) 3.Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4.List the titles and dates for all plans and other materials submitted with this NOI. a. Plan Title b. Prepared By c. Signed and Stamped by d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7.Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8.Attach NOI Wetland Fee Transmittal Form 9.Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 2. Municipal Check Number 3. Check date 4. State Check Number 5. Check date 6. Payor name on check: First Name 7. Payor name on check: Last Name Wilkinson Ecological Design 12316 3/28/25 12318 3/28/25 Cotuit 15 wpaform3.doc • rev. 12/4/2023 Page 9 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number City/Town F.Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. 1. Signature of Applicant 2. Date 3. Signature of Property Owner (if different)4. Date 5. Signature of Representative (if any)6. Date For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the “yes” box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. Cotuit 3/20/25 16noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A.Applicant Information 1.Location of Project: a. Street Address b. City/Town c. Check number d. Fee amount 2.Applicant Mailing Address: a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address 3.Property Owner (if different): a. First Name b. Last Name c. Organization d. Mailing Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B.Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. #1694 Main Street Cotuit 12318 $42.50 Elisa Redler Entine Revocable Trust 2 Avery Street Apt 28D Boston MA 02111 17 noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Step 5/Total Project Fee: Step 6/Fee Payments: Total Project Fee: a. Total Fee from Step 5 State share of filing Fee: b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: c. 1/2 Total Fee plus $12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Cat 1d (resource improvement) 1 1 $110.00 $110.00 $110.00 + town fee of $200.00 = $310.00 $42.50 $267.50 18 noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 1 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Cotuit City/Town Eligibility Checklist This Ecological Restoration Limited Project Eligibility Checklist guides the applicant in determining if their project is eligible to file as an Inland or Coastal Ecological Restoration Limited Project (310 CMR 10.53(4) or 310 CMR 10.24(8) respectively). These criteria must be met when submitting the Ecological Restoration Limited Project Notice of Intent to ensure that the restoration and improvement of the natural capacity of a Resource Area(s) to protect and sustain the interests identified in the WPA is necessary to achieve the project’s ecological restoration goals. Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. Regulatory Features of All Coastal and Inland Ecological Restoration Limited Projects (a) May result in the temporary or permanent loss of/or conversion of Resource Area: An Ecological Restoration Limited Project that meets the requirements of 310 CMR 10.24(8) may result in the temporary or permanent loss of Resource Areas and/or the conversion of one Resource Area to another when such loss is necessary to the achievement of the project’s ecological restoration goals. (b) Exemption from wildlife habitat evaluation: A NOI for an Ecological Restoration Limited Project that meets the minimum requirements for Ecological Restoration Projects and for a MassDEP Combined Application outlined in 310 CMR 10.12(1) and (2) is exempt from providing a wildlife habitat evaluation (310 CMR 10.60). (c) The following are considerations for applicants filing an Ecological Restoration Limited Project NOI and for the issuing authority approving a project as an Ecological Restoration Limited Project: The condition of existing and historic Resource Areas proposed for restoration. Evidence of the extent and severity of the impairment(s) that reduce the capacity of the Resource Areas to protect and sustain the interests identified in M.G.L. c. 131, § 40. The magnitude and significance of the benefits of the Ecological Restoration Project in improving the capacity of the affected Resource Areas to protect and sustain the other interests identified in M.G.L. c. 131, § 40. The magnitude and significance of the impacts of the Ecological Restoration Project on existing Resource Areas that may be modified, converted and/or lost and the interests for which said Resource Areas are presumed significant in 310 CMR 10.00, and the extent to which the project will: a. avoid adverse impacts to Resource Areas and the interests identified in M.G.L. c. 131, § 40, that can be avoided without impeding the achievement of the project’s ecological restoration goals. b. minimize adverse impacts to Resource Areas and the interests identified in M.G.L. c. 131, § 40, that are necessary to the achievement of the project’s ecological restoration goals. c. utilize best management practices such as erosion and siltation controls and proper construction sequencing to avoid and minimize adverse construction impacts to resource areas and the interests identified in M.G.L. c. 131, § 40. 19 noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 2 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Cotuit City/Town Eligibility Criteria - Coastal Ecological Restoration Limited Projects (310 CMR 10.24(8)) Complete this Eligibility Criteria Checklist before filling out a Notice of Intent Application to determine if your project qualifies as a Coastal Ecological Restoration Limited Project. (310 CMR 10.24(8)) Sign the Eligibility Certification at the end of Appendix A, and attach the checklist with supporting documentation and the Eligibility Certification to your Notice of Intent Application. General Eligibility Criteria for All Coastal Ecological Restoration Limited Projects Notwithstanding the requirements of 310 CMR 10.25 through 10.35, 310 CMR 10.54 through 10.58, and the Wildlife Habitat evaluations in 310 CMR 10.60, the Issuing Authority may issue an Order of Conditions permitting an Ecological Restoration Project listed in 310 CMR 10.24(8)(e) as an Ecological Restoration Limited Project and impose such conditions as will contribute to the interests identified in the WPA M.G.L. provided that the project meets all the requirements in 310 CMR 10.24 (8). The project is an Ecological Restoration Project as defined in 310 CMR 10.04 and is a project type listed below [310 CMR 10.24(8)(e)]. Tidal Restoration. Shellfish Habitat Restoration. Other Ecological Restoration Limited Project Type. The project will further at least one of the WPA (M.G.L. c. 131, § 40) interests identified below. Protection of public or private water supply. Protection of ground water supply. Flood control. Storm damage prevention. Prevention of pollution. Protection of land containing shellfish. Protection of fisheries. Protection of wildlife habitat. If the project will impact an area located within estimated habitat which is indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetlands, a NHESP preliminary written determination is attached to the NOI submittal that the project will not have any adverse long-term and short-term effects on specified habitat sites of Rare Species or the project will be carried out in accordance with an approved NHESP habitat management plan. 20 noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 3 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Cotuit City/Town Eligibility Criteria - Coastal Ecological Restoration Limited Projects (310 CMR 10.24(8)) (Cont.) General Eligibility Criteria for All Coastal Ecological Restoration Limited Projects (cont.) If the project is located in a Coastal Dune or Barrier Beach, the project avoids and minimizes armoring of the Coastal Dune or Barrier Beach to the maximum extent practicable. The project complies with all applicable provisions of 310 CMR 10.24(1) through (6) and 310 CMR 10.24(9) and (10). Additional Eligibility Criteria for Specific Coastal Ecological Restoration Limited Project Types These additional criteria must be met to qualify as an Ecological Restoration Limited Project to ensure that the restoration and improvement of the natural capacity of a Resource Area to protect and sustain the interests identified in the WPA is necessary to achieve the project’s ecological restoration goals. This Ecological Restoration Limited Project application meets the eligibility criteria for Ecological Restoration Limited Project [310 CMR 10.24(8)(a) through (d) and as proposed, furthers at least one of the WPA interests is for the project type identified below. Tidal Restoration Projects A project to restore tidal flow that will not significantly increase flooding or storm damage impacts to the built environment, including without limitation, buildings, wells, septic systems, roads or other man-made structures or infrastructure. Shellfish Habitat Restoration Projects The project has received a Special Projects Permit from the Division of Marine Fisheries or, if a municipality, has received a shellfish propagation permit. The project is made of cultch (e.g., shellfish shells from oyster, surf or ocean clam) or is a structure manufactured specifically for shellfish enhancement (e.g., reef blocks, reef balls, racks, floats, rafts, suspended gear). Other Ecological Restoration Projects that meet the criteria set forth in 310 CMR 10.24(8)(a) through (d). Restoration, enhancement, or management of Rare Species habitat. Restoration of hydrologic and habitat connectivity. Removal of aquatic nuisance vegetation to impede eutrophication. Thinning or planting of vegetation to improve habitat value. Fill removal and re-grading. Riparian corridor re-naturalization. River floodplain re-connection. 21 noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 4 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Cotuit City/Town Eligibility Criteria - Coastal Ecological Restoration Limited Projects (310 CMR 10.24(8)) (Cont.) Additional Eligibility Criteria for Specific Coastal Ecological Restoration Limited Project Types In-stream habitat enhancement. Remediation of historic tidal wetland ditching. Eelgrass restoration. Invasive species management. Installation of fish passage structures. Other. Describe: This project involves the construction, repair, replacement or expansion of public or private infrastructure (310 CMR 10.24(9). The NOI attachment labeled is an operation and maintenance plan to ensure that the infrastructure will continue to function as designed. The operation and maintenance plan will be implemented as a continuing condition in the Order of Conditions and the Certificate of Compliance. This project proposes to replace an existing stream crossing (310 CMR 10.24(10). The crossing complies with the Massachusetts Stream Crossing Standards to the maximum extent practicable with details provided in the NOI. The crossing type: Replaces an existing non-tidal crossing that is part of an Anadromous/Catadromous Fish Run (310 CMR 10.35) Replaces an existing tidal crossing that restricts tidal flow. The tidal restriction will be eliminated to the maximum extent practicable. At a minimum, in evaluating the potential to comply with the standards to the maximum extent practicable the following criteria have been consider site constraints in meeting the standard, undesirable effects or risk in meeting the standard, and the environmental benefit of meeting the standard compared to the cost, by evaluating the following: The potential for downstream flooding; Upstream and downstream habitat (in-stream habitat, wetlands); Potential for erosion and head-cutting; Stream stability; Habitat fragmentation caused by the crossing; The amount of stream mileage made accessible by the improvements; Storm flow conveyance; 22 noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 5 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Cotuit City/Town Eligibility Criteria - Coastal Ecological Restoration Limited Projects (310 CMR 10.24(8)) (Cont.) Additional Eligibility Criteria for Specific Coastal Ecological Restoration Limited Project Types Engineering design constraints specific to the crossing; Hydrologic constraints specific to the crossing; Impacts to wetlands that would occur by improving the crossing; Potential to affect property and infrastructure; and Cost of replacement. Eligibility Criteria - Inland Ecological Restoration Limited Project (310 CMR 10.53(4)) Complete this Eligibility Criteria Checklist before filling out a Notice of Intent Application to determine if your project qualifies as an Inland Ecological Restoration Limited Project. (310 CMR 10.53(4)) Sign the Eligibility Certification at the end of Appendix A, and attach the checklist with supporting documentation and the Eligibility Certification to your Notice of Intent Application. General Eligibility Criteria for All Inland Ecological Restoration Limited Projects Notwithstanding the requirements of any other provision of 310 CMR 10.25 through 10.35, 310 CMR 10.54 through 10.58, and 310 CMR 10.60, the Issuing Authority may issue an Order of Conditions permitting an Ecological Restoration Project listed in 310 CMR 10.53(4)(e) as an Ecological Restoration Limited Project and impose such conditions as will contribute to the interests identified in M.G.L. c. 131, § 40, provided that: The project is an Ecological Restoration Project as defined in 310 CMR 10.04 and is a project type listed below [310 CMR 10.53(4)(e)]. Dam Removal Freshwater Stream Crossing Repair and Replacement Stream Daylighting Tidal Restoration Rare Species Habitat Restoration Restoring Fish Passageways Other (describe project type): Invasive Plant Management (Phragmites australis) 23 noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 6 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Cotuit City/Town Eligibility Criteria - Inland Ecological Restoration Limited Project (310 CMR 10.53(4)) (cont.) General Eligibility Criteria for All Inland Ecological Restoration Limited Projects The project will further at least one of the WPA (M.G.L. c. 131, § 40) interests identified below. Protection of public or private water supply Protection of ground water supply Flood control Storm damage prevention Prevention of pollution Protection of land containing shellfish Protection of fisheries Protection of wildlife habitat If the project will impact an area located within estimated habitat which is indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetlands, a NHESP preliminary written determination is attached to the NOI submittal that the project will have no adverse long-term and short-term effects on specified habitat sites of Rare Species or the project will be carried out in accordance with an approved NHESP habitat management plan. The project will be carried out in accordance with any time of year restrictions or other conditions recommended by the Division of Marine Fisheries for coastal waters and the Division of Fisheries and Wildlife in accordance with 310 CMR 10.11(3). If the project involves the dredging of 100 cubic yards of sediment or more or dredging of any amount in an Outstanding Resource Water, a Water Quality Certification has been applied for or obtained. The project complies with all applicable provisions of 310 CMR 10.53(1), (2), (7), and (8). 24 noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 7 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Cotuit City/Town Eligibility Criteria - Inland Ecological Restoration Limited Project (310 CMR 10.53(4)) (cont.) Additional Eligibility Criteria for Specific Inland Ecological Restoration Limited Project Types These additional criteria must be met to qualify as an Ecological Restoration Limited Project to ensure that the restoration and improvement of the natural capacity of a Resource Area to protect and sustain the interests identified in the WPA is necessary to achieve the project’s ecological restoration goals. This project application meets the eligibility criteria for Ecological Restoration Limited Project in accordance with [310 CMR 10.53(4)(a) through (d) and as proposed, furthers at least one of the WPA interests is for the project type identified below: Dam Removal Project is consistent with MassDEP’s 2007 Dam Removal Guidance. Freshwater Stream Crossing Repair and Replacement. The project as proposed and the NOI describes how: Meeting the eligibility criteria set forth in 310 CMR 10.13 would result in significant stream instability or flooding hazard that cannot otherwise be mitigated, and site constraints make it impossible to meet said criteria. The project design ensures that the stability of the bank is NOT impaired. To the maximum extent practicable, the project provides for the restoration of the stream upstream and downstream of the structure as needed to restore stream continuity and eliminate barriers to aquatic organism movement. The project complies with the requirements of 310 CMR 10.53(7) and (8). Stream Daylighting Projects The project meets the eligibility criteria for Ecological Restoration Limited Project [310 CMR 10.53(4)(a) through (d)] and as proposed the NOI describes how the proposed project meets to the maximum extent practicable, consistent with the project’s ecological restoration goals, all the performance standards for Bank and Land Under Water Bodies and Waterways. The project meets the requirements of 310 CMR 10.12(1) and (2) and a wildlife habitat evaluation is not included in the NOI. Tidal Restoration Project Restores tidal flow. the project, including any proposed flood mitigation measures, will not significantly increase flooding or storm damage to the built environment, including without limitation, buildings, wells, septic systems, roads or other man-made structures or infrastructure. 25 noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 8 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Cotuit City/Town Eligibility Criteria - Inland Ecological Restoration Limited Project (310 CMR 10.53(4)) (cont.) Other Ecological Restoration Projects that meet the criteria set forth in 310 CMR 10.53 (4) (a) through (d). Restoration, enhancement, or management of Rare Species habitat. Restoration of hydrologic and habitat connectivity. Removal of aquatic nuisance vegetation to impede eutrophication. Thinning or planting of vegetation to improve habitat value. Riparian corridor re-naturalization. River floodplain re-connection. In-stream habitat enhancement. Fill removal and re-grading. Flow restoration. Installation of fish passage structures. Invasive species management. Other. Describe: This project involves the construction, repair, replacement or expansion of public or private infrastructure. (310 CMR 10.53(7)) The NOI attachment labeled is an operation and maintenance plan to ensure that the infrastructure will continue to function as designed. The operation and maintenance plan will be implemented as a continuing condition in the Order of Conditions and the Certificate of Compliance. This project replaces an existing stream crossing (310 CMR 10.53(8)). The crossing type: Replaces an existing non-tidal crossing designed to comply with the Massachusetts Stream Crossing Standards to the maximum extent practicable with details provided in the NOI. Replaces an existing tidal crossing that restricts tidal flow. The tidal restriction will be eliminated to the maximum extent practicable. 26 noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 9 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Cotuit City/Town Eligibility Criteria - Inland Ecological Restoration Limited Project (310 CMR 10.53(4)) (cont.) At a minimum, in evaluating the potential to comply with the standards to the maximum extent practicable the following criteria have been consider site constraints in meeting the standard, undesirable effects or risk in meeting the standard, and the environmental benefit of meeting the standard compared to the cost, by evaluating the following: The potential for downstream flooding; Upstream and downstream habitat (in-stream habitat, wetlands); Potential for erosion and head-cutting; Stream stability; Habitat fragmentation caused by the crossing; The amount of stream mileage made accessible by the improvements; Storm flow conveyance; Engineering design constraints specific to the crossing; Hydrologic constraints specific to the crossing; Impacts to wetlands that would occur by improving the crossing; Potential to affect property and infrastructure; and Cost of replacement. 27 noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 10 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Cotuit City/Town Required Actions (310 CMR 10.11) Complete the Required Actions before submitting a Notice of Intent Application for an Ecological Restoration Project and submit a completed copy of this Checklist with the Notice of Intent. Massachusetts Environmental Policy Act (MEPA) / Environmental Monitor https://www.mass.gov/service-details/the-environmental-monitor For Ecological Restoration Limited Projects, there are no changes to MEPA requirements. Submit written notification at least 14 days prior to the filing of a Notice of Intent (NOI) to the Environmental Monitor for publication. A copy of the written notification is attached and provides at minimum: A brief description of the proposed project. The anticipated NOI submission date to the conservation commission. The name and address of the conservation commission that will review the NOI. Specific details as to where copies of the NOI may be examined or acquired and where to obtain the date, time, and location of the public hearing. Massachusetts Endangered Species Act (MESA) /Wetlands Protection Act Review Preliminary Massachusetts Endangered Species Act Review from the Natural Heritage and Endangered Species Program (NHESP) has been met and the written determination is attached. Supplemental Information for Endangered Species Review has been submitted. 1. Percentage/acreage of property to be altered: a. Within Wetland Resource Area Percentage/acreage b. Outside Wetland Resource Area Percentage/acreage 2. Assessor’s Map or right-of-way plan of site 3. Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work. 4. Project description (including description of impacts outside of wetland resource area & buffer zone) 5. Photographs representative of the site 6. MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for-a-mesa-project-review) 28 noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 11 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Cotuit City/Town Required Actions (310 CMR 10.11) (cont.) Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP: Natural Heritage & Endangered Species Program MA Division of Fisheries & Wildlife 1 Rabbit Hill Road Westborough, MA 01581 7. Projects altering 10 or more acres of land, also submit: a. Vegetation cover type map of site b. Project plans showing Priority & Estimated Habitat boundaries OR Check One of the Following: 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/ma-endangered-species-act-mesa-overview; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59 – see C4 below) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. Estimated Habitat Map of State-Listed Rare Wetlands Wildlife If a portion of the proposed project is located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP), complete the portion below. To view habitat maps, see the Massachusetts Natural Heritage Atlas or view the maps electronically at: https://www.mass.gov/guides/masswildlife-publications#-massachusetts-natural- heritage-atlas- A preliminary written determination from Natural Heritage and Endangered Species Program (NHESP) must be obtained indicating that: Project will NOT have long- or short-term adverse effect on the actual Resource Area located within estimated habitat indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetlands Wildlife published by NHESP. Project will have long- or short-term adverse effect on the actual Resource Area located within estimated habitat indicated on the most recent Estimated Habitat Map of State- Listed Rare Wetlands Wildlife published by NHESP. A copy of NHESP’s written preliminary determination in accordance with 310 CMR 10.11(2) is attached. This specifies: Date of the map: 29 noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 12 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Cotuit City/Town Required Actions (310 CMR 10.11) (cont.) If the Rare Species identified is/are likely to continue to be located on or near the project, and if so, whether the Resource Area to be altered is in fact part of the habitat of the Rare Species. That if the project alters Resource Area(s) within the habitat of a Rare Species: The Rare Species is identified; NHESP’s recommended changes or conditions necessary to ensure that the project will have no short or long term adverse effect on the habitat of the local population of the Rare Species is provided; or An approved NHESP habitat management plan is attached with this Notice of Intent. Send the request for a preliminary determination to: Natural Heritage & Endangered Species Program MA Division of Fisheries & Wildlife 1 Rabbit Hill Road Westborough, MA 01581 Division of Marine Fisheries If the project will occur within a coastal waterbody with a restricted Time of Year, [see Appendix B of the Division of Marine Fisheries (DMF) Technical Report TR 47 “Marine Fisheries Time of Year Restrictions (TOYs) for Coastal Alteration Projects” dated April 2011 https://www.nae.usace.army.mil/Portals/74/docs/regulatory/StateGeneralPermits/MA/TR-47.pdf]. Obtain a DMF written determination stating: The proposed work does NOT require a TOY restriction. The proposed work requires a TOY restriction. Specific recommended TOY restriction and recommended conditions on the proposed work is attached. If the project may affect a diadromous fish run [re: Division of Marine Fisheries (DMF) Technical Reports TR 15 through 18, dated 2004: https://www.mass.gov/service-details/marine- fisheries-technical-reports] Obtain a DMF written determination stating: The design specifications and operational plan for the project are compatible with the passage requirements of the fish run. The design specifications and operational plan for the project are not compatible with the passage requirements of the fish run. 30 noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 13 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Cotuit City/Town Required Actions (310 CMR 10.11) (cont.) Send the request for a written or electronic determination to: South Shore – Bourne to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries – South Coast Field Station Attn: Environmental Reviewer 836 South Rodney French Blvd. New Bedford, MA 02744 Email: DMF.EnvReview-South@state.ma.us North Shore – Plymouth to New Hampshire border: Division of Marine Fisheries – North Shore Field Station Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: DMF.EnvReview-North@state.ma.us Division of Fisheries and Wildlife – https://www.mass.gov/orgs/division-of-fisheries-and-wildlife Projects that involve silt-generating, in-water work that will impact a non-tidal perennial river or stream and the in-water work will not occur between May 1 and August 30. Obtain a written determination from the Division of Fisheries and Wildlife (DFW) as to whether the proposed work requires a TOY restriction. The proposed work does NOT require a TOY restriction. The proposed work requires a TOY restriction. The DFW determination with TOY restriction and other conditions is attached. MassDEP Water Quality Certification Project involves dredging of 100 cubic yards or more in a Resource Area or dredging of any amount in an Outstanding Resource Water (ORW). A copy and proof of the MassDEP Water Quality Certification pursuant to 314 CMR 9.00 is attached to the NOI. This project is a Combined Permit Application for 401 Dredging and Restoration (BRP WW 26). MassDEP Wetlands Restriction Order Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? Yes No Department of Conservation and Recreation Office of Dam Safety For Dam Removal Projects, obtain a written determination from the Department of Conservation and Recreation Office of Dam Safety that the dam is not subject to the jurisdiction of the Office under 302 CMR 10.00, a written determination that the dam removal does not require a permit under 302 CMR 10.00 or a permit authorizing the dam removal in accordance with 302 CMR 10.00 has been issued. 31 noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 14 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Cotuit City/Town Required Actions (310 CMR 10.11) (cont.) Areas of Critical Environmental Concern (ACECs) Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Name of ACEC Minimum Required Documents (310 CMR 10.12) Complete the Required Documents Checklist below and provide supporting materials before submitting a Notice of Intent Application for an Ecological Restoration Project. This Notice of Intent meets all applicable requirements outlined in for Ecological Restoration Projects in 310 CMR 10.12. Use the checklist below to ensure that all documentation is included with the NOI. At a minimum, a Notice of Intent for an Ecological Restoration Project shall include the following: Description of the project’s ecological restoration goals; The location of the Ecological Restoration Project; Description of the construction sequence for completing the project; A map of the Areas Subject to Protection Under M.G.L. c. 131, § 40, that will be temporarily or permanently altered by the project or include habitat for Rare Species, Habitat of Potential Regional and Statewide Importance, eel grass beds, or Shellfish Suitability Areas. The method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.) is attached with documentation methodology. List the titles and dates for all plans and other materials submitted with this NOI. a. Plan Title b. Prepared by c. Signed and Stamped by d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date If there is more than one property owner, attach a list of these property owners not listed on this form. Attach NOI Wetland Fee Transmittal Form. Restoration Plan Wilkinson Ecological Design 4/1/25 4/1/25Land Management Plan 1" = 50' 32 noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 15 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Cotuit City/Town Minimum Required Documents (310 CMR 10.12) An evaluation of any flood impacts that may affect the built environment, including without limitation, buildings, wells, septic systems, roads or other man-made structures or infrastructure as well as any proposed flood impact mitigation measures; A plan for invasive species prevention and control; The Natural Heritage and Endangered Species Program written determination in accordance with 310 CMR 10.11(2), if needed; Any Time of Year restrictions and/or other conditions recommended by the Division of Marine Fisheries or the Division of Fisheries and Wildlife in accordance with 310 CMR 10.11(3), (4), (5), if needed; Proof that notice was published in the Environmental Monitor as required by 310 CMR 10.11(1; A certification by the applicant under the penalties of perjury that the project meets the eligibility criteria set forth in 310 CMR 10.13; If the Ecological Restoration Project involves the construction, repair, replacement or expansion of infrastructure, an operation and maintenance plan to ensure that the infrastructure will continue to function as designed; If the project involves dredging of 100 cubic yards or more or dredging of any amount in an Outstanding Resource Water, a Water Quality Certification issued by the Department pursuant to 314 CMR 9.00; If the Ecological Restoration Project involves work on a stream crossing, information sufficient to make the showing required by 310 CMR 10.24(10) for work in a coastal resource area and 310 CMR 10.53(8) for work in an inland resource area; and If the Ecological Restoration Project involves work on a stream crossing, baseline photo-points that capture longitudinal views of the crossing inlet, the crossing outlet and the upstream and downstream channel beds during low flow conditions. The latitude and longitude coordinates of the photo-points shall be included in the baseline data. This project is subject to provisions of the MassDEP Stormwater Management Standards. A copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) is attached. Provide information as the whether the project has the potential to impact private water supply wells including agricultural or aquacultural wells or surface water withdrawal points. 33 noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists • Page 16 of 16 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Appendix A: Ecological Restoration Limited Project Checklists Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Cotuit City/Town Certification that the Ecological Restoration Project Meets the Eligibility Criteria I hereby certify under penalties of perjury that the Ecological Restoration Project Notice of Intent application does not meet the Eligibility criteria for an Ecological Restoration Order of Conditions set forth in 310 CMR 10.13, but does meet the Eligibility Criteria for a Ecological Restoration Limited Project set forth in 10.24(8) or 10.53(4) whichever is applicable. I certify that I am familiar with the information contained in the application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. Signature of Applicant or Authorized Agent Steve Lee Printed Name of Applicant or Authorized Agent 3/17/25 Date The certification must be signed by the applicant; however, it may be signed by a duly authorized agent (named in Item 2) if this form is accompanied by a statement by the applicant designating the agent and agreeing to furnish upon request, supplemental information in support of the application. 34 28 Lots Hollow Road | Orleans, MA 02653 Tel:(508)255-1113 | Fax:(508)255-9477 TMTM Project: Proposed Vegetation Management Location: 1694 Main Street, Cotuit MA Property Owner(s): Elisa Redler Entine Revocable Trust STATEMENT OF AUTHORIZATION FOR REPRESENTATION I/we hearby authorize Wilkinson Ecological Design, Inc. to act on my/our behalf in regard to pro- cessing this application and to furnish, as necessary, supplemental information in support of this permit application. Owners Signature: Date: Print Name: Elisa Redler Entine 35 NOTICE OF INTENT 1694 MAIN STREET, COTUIT PROJECT NARRATIVE PROJECT NARRATIVE The proposed project includes the management of approximately 6,070 square feet of invasive phragmites (Phragmites australis) and 13,550 square feet of selective invasive and aggressive vegetation within the bordering vegetated wetland (BVW), shallow marsh meadow, and Land Subject to Coastal Storm Flowage (LSCSF) adjacent to Rushy Marsh Pond. Treatment methods include the bundle, cut, and wipe herbicide application technique. Following the initial treatment, regrowth will be treated with hand-held sponge applicators, applied to the foliage, another two to five times in the late summer and fall months. This method will require approximately three years of follow-up treatments to reach a successful level of control. Managing the phragmites will allow for the existing native seed bank to regenerate, additionally, native species will begin to colonize the area when they are released from competition with the phragmites. The project is being filed as an Ecological Restoration Limited Project. The required WPA Form 3 Appendix A: Ecological Restoration Limited Project Checklist has been submitted with the filing and the required notification was submitted to the Environmental Monitor on 3/3/25. The proposed invasive species management will further at least the interests of the protection of wildlife habitat by allowing the native seed bank to regenerate. WETLAND RESOURCE AREAS The jurisdictional wetland resource areas under the Massachusetts Wetlands Protection Act (the Act): 310 CMR 10.00 and the Town of Barnstable Wetland Protection Regulations (Barnstable Bylaw) identified on site include: • 10.04: Land Subject to Coastal Storm Flowage (LSCSF) • 10.55 Bordering Vegetated Wetlands, Wet Meadows, Marshes, Swamps, and Bogs (BVW) PERFORMANCE STANDARDS - BARNSTABLE TOWN CHAPTER 237 INTERESTS & REGULATION OF ACTIVITY WITHIN THE 100’ BUFFER ZONE Proposed work will occur within Bordering Vegetated Wetland (BVW) and, Land Subject to Coastal Storm Flowage (LSCSF). Compliance with the performance standards set forth by the Barnstable Town Code Chapter 704 and Chapter 237 Interests are described below. Groundwater Supply and Quality: Restoring a native plant community within the proposed project areas will aid in slowing and infiltration stormwater from the upland area of the property. Storm Damage Prevention/Flood Control: The proposed project will not have any negative effect on the project areas ability to buffer, store, or divert flood waters. Erosion and Sedimentation Control: The project will have no impact on the present erosion regime at the site. Prevention of Pollution: Restoring a native plant community within the proposed project areas will aid in slowing and infiltration stormwater from the upland area of the property. Wildlife Habitat: The proposed vegetation management and establishment of native plant species throughout the project area will provide new extensive habitat benefits. Fisheries: The site is not within close proximity to a fishery. Shellfish Habitat: The site is not within close proximity to shellfish habitat. 36 Aesthetics: The proposed management of State-listed invasive and non-native plant species and restoration of native plant species will improve the natural aesthetics of the project area. Cumulative Effects: No cumulative effects are foreseen. PERFORMANCE STANDARDS - MASSACHUSETTS WETLANDS PROTECTION ACT 10.55 Bordering Vegetated Wetlands (Wet meadows, Marshes, Swamps and Bogs) According to Section 10.55 (4) (a), Where the presumption set forth in 310 CMR 10.55(3) is not overcome, any proposed work in a Bordering Vegetated Wetland shall not destroy or otherwise impair any portion of said area. The proposed management of State-listed invasive and non-native plant species and restoration of native plant species within the Bordering Vegetated Wetland will increase the native plant species diversity and thus increase the benefit being provided to a wider range of wildlife. (b) Notwithstanding the provisions of 310 CMR 10.55(4)(a), the issuing authority may issue an Order of Conditions permitting work which results in the loss of up to 5000 square feet of Bordering Vegetated Wetland when said area is replaced in accordance with the following general conditions and any additional, specific conditions the issuing authority deems necessary to ensure that the replacement area will function in a manner similar to the area that will be lost: 1. the surface of the replacement area to be created (“the replacement area”) shall be equal to that of the area that will be lost (“the lost area”); 2. the ground water and surface elevation of the replacement area shall be approximately equal to that of the lost area; 3. The overall horizontal configuration and location of the replacement area with respect to the bank shall be similar to that of the lost area; 4. the replacement area shall have an unrestricted hydraulic connection to the same water body or waterway associated with the lost area; 5. the replacement area shall be located within the same general area of the water body or reach of the waterway as the lost area; 6. at least 75% of the surface of the replacement area shall be reestablished with indigenous wetland plant species within two growing seasons, and prior to said vegetative reestablishment any exposed soil in the replacement area shall be tem- porarily stabilized to prevent erosion in accordance with standard U.S. Soil Conservation Service methods; and 7. the replacement area shall be provided in a manner which is consistent with all other General Performance Standards for each resource area in Part III of 310 CMR 10.00. A temporary disturbance, due to the removal of non-native and invasive plants will occur within the Bordering Vegetated Wetland. The proposed project will not result in a loss of any square foot of Bordering Vegetated Wetland and no replacement being proposed. (c) Notwithstanding the provisions of 310 CMR 10.55(4)(a), the issuing authority may issue an Order of Conditions permitting work which results in the loss of a portion of Bordering Vegetated Wetland when; 1. said portion has a surface area less than 500 square feet; 2. said portion extends in a distinct linear configuration (“finger-like”) into adjacent uplands; and 3. in the judgment of the issuing authority it is not reasonable to scale down, redesign or otherwise change the proposed work so that it could be completed without loss of said wetland. NOTICE OF INTENT 1694 MAIN STREET, COTUIT PROJECT NARRATIVE 37 N/A (1-3) No portion of the Bordering Vegetated Wetland will be lost as a result of the proposed work. (d) Notwithstanding the provisions of 310 CMR 10.55(4)(a),(b) and (c), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.59. N/A. No habitat of Rare Species have been mapped on this property. (e) Any proposed work shall not destroy or otherwise impair any portion of a Bordering Vegetated Wetland that is within an Area of Critical Environmental Concern designated by the Secretary of Environmental Affairs under M.G.L. c. 21A, § 2(7) and 301 CMR 12.00. This 310 CMR 10.55(4)(e): 1. supersedes the provisions of 310 CMR 10.55(4)(b) and (c); 2. shall not apply if the presumption set forth at 310 CMR 10.55(3) is overcome; 3. shall not apply to work proposed under 310 CMR 10.53(3)(l); and 4. shall not apply to maintenance of stormwater detention, retention, or sedimentation ponds, or to maintenance of stormwater energy dissipating structures, that have been constructed in accordance with a valid order of con- ditions. No portion of the Bordering Vegetated Wetland is proposed to be destroyed and any alteration is limited to the removal of invasive plants. NOTICE OF INTENT 1694 MAIN STREET, COTUIT PROJECT NARRATIVE 38 Notification to Environmental Monitor under 310 CMR 10.11 To: Environmental Monitor From: Wilkinson Ecological Design, Inc. Date: 3/3/25 RE: Notification of filing a Notice of Intent for proposed activities as an Ecological Restoration Limited Project Applicant: Elisa Redler Entine Revocable Trust Project Location: 1694 Main Street Cotuit, MA 02635 Anticipated Date of NOI Submission: 4/1/25 Project Description: The project includes the management of approximately 5,000 square feet of invasive phragmites (Phragmites australis). Reviewing Conservation Commission: Barnstable Conservation Commission, 230 South Street, Hyannis MA 02601 Public Hearing Information: The conservation Commission holds afternoon meetings on Tuesdays at 3:00pm and evening meetings at 6:30pm More Information: Copies of the application can be examined at the Barnstable Conservation Commission office, or you may contact the applicant’s representative: Stephen Lee of Wilkinson Ecological Design Inc, 28 Lots Hollow Road Orleans, MA 02653 (508) 255-1113 28 Lots Hollow Road | Orleans, MA 02653 Tel:(508)255-1113 | Fax:(508)255-9477 TMTM 39 Adopted Mar Property o Applicant’ Project st Barnstabl Applicant’ ACCESS As the Ow the Mas General designate purpose o (Notice o possible, either wee understan to inspect I/we conf Commiss regarding 1. F ap 2. F of pr I have rea ________ Signature ________ Represen rch 15, 2022, effec owner’s name ’s (Represent reet address_ e Assessor’s ’s Contact Ph TO PROPER wner(s) of the sachusetts W Ordinances ed staff are a of reviewing t f Intent or R notice will be ekdays or we nd that if attem t the outside a firm my/our ioners, its ag this applicati rom the subm pproval of the rom the issua f the project a roject. ad the above ___________ e of property ___________ ntative’s sign ctive April 18, 202 P e(s): _______ tative’s) Name ___________ Map & Parce hone Number: RTY PERMIS e above refer Wetlands Prot (Chapter 23 authorized, a the existing c Request for D e provided to t eekends as ne mpts to conta areas of said understandin gent, and its on for the pe mission of the e Notice of Int ance of the O and the final e and I under ____________ y owner ____________ nature C Office: 508- 22. Permission ___________ e(s)__ ____________ el: Map___ : SION renced prope tection Act (M 37), the Bar as a matter o conditions an Determination the applicant ecessary for t act me are un property unde ng the purpo s designated riod as descr e Application tent Request Order(s) of Co inspection by rstand and a __ __ TowConserv Hyann -862-4093 to Access P ____________ ____________ _______ erty, I/we have MGL Ch 131 rnstable Con of law, to ente d the propos ) to the Ba prior to the v the Commiss nsuccessful, t er this applica ose of this d staff, to en ibed below: (Notice of In or Request fo onditions (app y the Conser gree to allow ____ Date ____ Date wn of Bavation C 230 South nis Massach E-mail: con Property ___________ ___________ Parcel___ e been advis 1, Section 40 nservation C er the outsid sed work as d arnstable Con visit. Visits wil sion and its ag the Commiss ation. permission a nter the outs ntent or Requ or Determinat proval for No rvation staff to w inspection ___________ e signed ___________ e signed arnstabCommi Street husetts 0260 nservation@to ___________ ___________ _________ sed that unde 0) and the To ommission, e areas of th described in nservation Co l occur during gent to exam sioner or its a and I/we gra side areas o uest for Deter tion; and tice of Intent) o confirm the s as describ ________ ________ ble ission 01 own.barnstab ___________ __________________________________________ ____________ er the provisio own of Barns its Agents o he property fo my/our applic ommission. W g daylight hou ine said prop agent may pro ant permissi of my/our pro rmination) un ) to the comp e completion bed. ble.ma.us Form _____ _____ ons of stable or its or the cation Where urs on perty. I oceed on to operty ntil the pletion of the m PA Elisa Redler Entine Revocable Trust Steve Lee of Wilkinson Ecological Design 1694 Main Street Cotuit, MA 017 017 (508) 255-1113 3/17/25 40 Driving Directions From: 230 South Street, Hyannis MA To: 1694 Main Street Cotuit, MA 1. Turn left onto Main Street 2. At the roundabout, take the second exit onto W Main St. 3. Turn left onto Falmouth Rd. 4. Turn left onto Putnam Ave 5. Keep right onto Putnam Ave 6. Turn left onto Main St. 7. The destination is on your right 28 Lots Hollow Road | Orleans, MA 02653 Tel:(508)255-1113 | Fax:(508)255-9477 TMTM 41 Abutters Map 1,560.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcel This map is for illustration purposes only. It is not adequate for legal boundary determination or regulatory interpretation. This map does not represent an on-the-ground survey. It may be generalized, may not reflect current conditions, and may contain cartographic errors or omissions. Legend Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed. Parcel lines shown on this map are only graphic representations of Assessor’s tax parcels. They are not true property boundaries and do not represent accurate relationships to physical objects on the map such as building locations. 65 Town of Barnstable GIS Unit 130 3/27/2025 gis@town.barnstable.ma.us Printed on: 0 ft.130 Subject Parcel Abutters 100 ft. Buffer ft. 1 inch = approx. Parcels Town Boundary Railroad Tracks Buildings Approx. Building Buildings Painted Lines Parking Lots Paved Unpaved Driveways Paved Unpaved Roads Paved Road Unpaved Road Bridge Paved Median Streams Marsh Water Bodies 42 100 Foot Abutters List Conservation Notice of Intent (NOI) Abutter List for Subject Parcel Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 016003 BUCZYNSKI, AMANDA J TR ET AL POLLY E BEHRENS 2011 GRANTOR TR #1 9 RUXLEA COURT TOWSON 21204MD 016004 BUCZYNSKY, AMANDA J TR ET AL POLLY E BEHRENS 2011 GRANTOR TR #1 9 RUXLEA COURT TOWSON 21204MD 017001 ENTINE, ELISA REDLER TR ELISA REDLER ENTINE REV TRUST 2 AVERY STREET APT 28D BOSTON 02111MA 017002 GOMEZ, BENJAMIN A & CABLE, SUSAN W 48 CRANMORE ROAD WELLESLEY 02481MA 017016 GOMEZ, BENJAMIN A & CABLE, SUSAN W 48 CRANMORE ROAD WELLESLEY 02481MA 017017 ENTINE, ELISA REDLER TR ELISA REDLER ENTINE REV TRUST 2 AVERY STREET APT 28D BOSTON 02111MA 3/27/2025 1:46 PMReport Generated On:Page 1 of 1 6Total Number of Abutters: This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to have this list certified. 43 NOTICE OF INTENT ABUTTER NOTIFICATION LETTER DATE: RE: Upcoming Barnstable Conservation Commission Public Hearing To Whom It May Concern, As an abutter within 100 feet of a proposed project, please be advised that a NOTICE OF INTENT application has been filed with the Barnstable Conservation Commission. APPLICANT: PROJECT ADDRESS OR LOCATION: ASSESSOR’S MAP & PARCEL: MAP PARCEL PROJECT DESCRIPTION: ________________________________________________________ APPLICANT’S AGENT: PUBLIC HEARING: WILL BE HELD REMOTELY VIA ZOOM See agenda posting on Town Clerks website available at least 48 hours in advance of the meeting for details. DATE: / / TIME: P.M. NOTE: Plans and applications describing the proposed activity are on file with the Conservation Commission at https://itlaserfiche.town.barnstable.ma.us/WebLink/Browse.aspx?id=825530&dbid=0&repo=TownOfBarns table, by email to Kimberly.Cavanaugh@town.barnstable.ma.us or by calling (508-862-4093) 17 17 #1694 Main Street Cotuit, MA Elisa Redler Entine Revocable Trust Steve Lee of Wilkinson Ecological Design 28 Lots Hollow Road Orleans, MA 02653 4/1/25 4 15 25 3:00 The project proposes the removal of approximately 19,620SF of vegetation management. 44 NHESP Maps of Estimated and Priority Habitats of Rare Wildlife for 1694 Main Street NHESP (priority) NHESP Priority Habitats of Rare Species Property Tax Parcels NHESP (estimated) NHESP Estimated Habitats of Rare Wildlife Property Tax Parcels #1694 #1694 45 Locus Map for 1694 Main Street USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names InformationSystem, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and NationalTransportation Dataset; USGS Global Ecosystems; U.S. Census Bureau TIGER/Line data; USFS Road data; NaturalEarth Data; U.S. Department of State HIU; NOAA National Centers for Environmental Information. Data refreshedApril, 2024. Project Locus 28 Lots Hollow Road | Orleans, MA 02653 WILKINSON ECOLOGICAL DESIGN Tel:(508)255-1113 | Fax:(508)255-9477 1 LAND MANAGEMENT PLAN 1694 Main St., Cotuit, MA April 1, 2025 The project site is located at 1694 Main St., Cotuit, Massachusetts. Proposed work includes the management of approximately 6,070 square feet of invasive phragmites (Phragmites australis) and 13,550 square feet of selective invasive and aggressive vegetation within the bordering vegetated wetland (BVW), shallow marsh meadow, and Land Subject to Coastal Storm Flowage (LSCSF) adjacent to Rushy Marsh Pond. Phragmites Management The most effective method of treating phragmites is via a targeted herbicide application, which impacts the plant’s robust and resilient root systems. Eradication of phragmites requires well-timed treatments throughout the growing season when the plants have depleted their carbohydrate stores, and herbicide can effectively translocate to the root systems. The bundle, cut, and wipe application technique is currently the most effective method for efficiently controlling phragmites. Properly administered by state- licensed applicators, this method is impactful and tends to eradicate a greater percentage of the plant’s roots when compared to other methods. Prior to treatment, the phragmites will be mown to within 6 inches of the ground with a mechanical mower where feasible, or with hand tools, in spring/early summer. After the phragmites have regrown to waist height (usually in late summer/early fall), treatment using the bundle, cut, and wipe herbicide application technique will commence. If treatment commences later in the summer, the phragmites will simply be cut to waist height prior to treatment. This application technique entails gathering an armful of contiguous phragmites stalks and tying them firmly with a length of sisal, manila, or another biodegradable twine, at waist height. The bundle is cut with sharp shears just above the twine, and the top of the cut stalks are painted with a diluted solution of herbicide approved for wetland use. A concentrated amount of herbicide is applied to moisten the fresh-cut edge of each stem. In areas where stem densities are low and bundling is not possible, or where phragmites is growing amongst native shrubs, individual stems are cut and treated in the same manner as above to prevent native shrubs from coming into contact with the herbicide. Since the bundle, cut, and wipe application method targets individual stems, it does not produce any over-spray or chemical drift associated with foliar herbicide applications. After the initial treatment, regrowth will be treated with hand-held sponge applicators, applied to the foliage, another two to five times in late summer and fall. Where phragmites has been treated, the native seed bank will experience a greater chance of regeneration. As the root systems of treated phragmites begin to decay, they release substantial carbohydrates into the soil and stimulate the native seed bank. No replanting is proposed within the BVW or shallow marsh meadow. In addition to the regeneration of the native seed bank, adjacent native species such as native cattails and bayberry may begin to colonize the area when they are released from competition with the phragmites. Vegetation Management Vegetation management will take place intermittently across approximately 13,550 square feet of mildly invaded land adjacent to the shallow marsh meadow and will include the treatment and removal of all invasive and non-native species including Asiatic bittersweet and any other species approved for removal. Invasive plant management methods will include hand removal and/ or selective herbicide application using the method most effective for the species being treated. Aggressive vines will be cut and treated to facilitate the establishment of lower growing restoration plantings and existing native grasses. Following treatment, target plant species will be removed by machine where feasible, or by hand where necessary to protect surrounding native vegetation. All herbicide application will be performed by Massachusetts licensed applicators. Additionally, aggressive native greenbrier will be selectively managed where smothering native trees and shrubs, but will not be functionally eradicated from the project area. Common greenbrier (Smilax rotundifolia) is an aggressive native vine that plays a functional habitat role, serving as cover, food source, and nesting sites for some animal species. Greenbrier has an aggressive growth rate, allowing it to colonize recently managed areas rapidly and hinder restoration efforts. Selective management of these vines should be part of a maintenance plan to prevent excessive colonization and loss of the targeted native plant community being restored. (Not a State-Listed invasive). 2 Asiatic bittersweet (Celastrus orbiculata) poses a serious threat to native plant communities due to its high reproductive rate, long- range dispersal mechanisms, and ability to root-sucker. Its vines have the ability to aggressively wrap around and grow over other vegetation, strangling mature trees. Even entire plant communities can be over-topped and shaded out by the vine’s rapid growth. It is most effectively controlled using a cut-and-wipe method of herbicide application with an ultra-low volume Triclopyr-based herbicide. A low-volume foliar spray or a basal bark treatment is also very effective. When the vines of bittersweet are intertwined with native trees they should be treated and left in place until desiccated to avoid damaging the tree. (MIPAG Listed Invasive) Ongoing Maintenance Invasive plants generally take 3-5 years of active management to reach a level of successful control. WED recommends assessing and re-evaluating the management plan on an annual basis, and maintaining the project area on an ongoing basis. Land Management Time Line Phragmites Management • Mow phragmites stalks to prepare for summer treatments if early enough in growing season. • Obtain a WM04 permit from the State to treat phragmites within the project area. • Treat phragmites reed late in the growing season using the bundle, cut, and wipe technique. • Continue follow-up treatment another two to five times during the growing season, as phragmites regrows. • Mow and dispose of dead phragmites stalks. Vegetation Management • Pre-treat all Asiatic bittersweet, greenbrier, and any other non-native species approved for removal with an herbicide appropriate to the plant species. Treatment methods, depending on species, size, and environmental conditions, will consist of “cut and wipe”, injection, or selective foliar application of an approved herbicide at the approved rates. • Where feasible, mechanically remove pre-treated vegetation using compact, low ground pressure equipment with care to remove only root material, leaving native soils in place. Hand removal is proposed in areas where high density of native vegetation exists. Mechanically condition soils where feasible. • As previously cut plants re-sprout and any remaining seed bank germinates, selectively treat all species approved for removal (as listed above), using low-volume foliar spot applications or “cut and wipe” applications. • Hand weed any annual weed species, re-sprouting invasive, or aggressive plants where feasible. General Notes • Herbicides used are to be applied by knowledgeable, Massachusetts licensed individuals only. • All herbicide applications will avoid non-target native species. • All herbicides used near open water will be approved for wetland use. Summer/Fall 2025 3 1 2 Site Photo - Southern portion of phragmites marsh Site Photo - Northern edge of phragmites marsh bordering native cattails and bayberry 4 3 4 Site Photo - Wooded area where majority of invasive management is proposed Native trees proposed to be released from invasive and aggressive vines through selective management PORTION OF PHRAGMITES MARSH TO BE TREATED AND REMOVED (6,070 SQ. FT.) #1691 RUSHY MARSH POND MAIN STREETPORTION OF PHRAGMITES MARSH TO REMAIN (11,500 SQ. FT.) #1694 PORTION OF LAND ADJACENT TO MARSH TO BE SELECTIVELY TREATED FOR INVASIVE AND AGGRESSIVE SPECIES (13,550 SQ. FT.) THIS DRAWING AND ALL IDEAS EMBODIED THEREIN IS PROPRIETARY INFORMATION OF WILKINSON ECOLOGICAL DESIGN, INC. (WED) AND SHALL NOT BE COPIED, REPRODUCED, OR DISCLOSED IN CONNECTION WITH ANY WORK OTHER THAN THE PROJECT FOR WHICH IT HAS BEEN PREPARED, IN WHOLE OR PART, WITHOUT PRIOR WRITTEN AUTHORIZATION FROM WED. © 2025 WILKINSON ECOLOGICAL DESIGN, INC. FOR PERMITTING PURPOSES ONLY THIS DRAWING IS NOT INTENDED FOR CONSTRUCTION NOTES: REV DATE DESCRIPTION LEGEND: DRAWN BY:CHECKED BY: DATE:SCALE: 30-Jan-25 \\wed-fileserver\wedshare\clients\main street cotuit projects\main street_1691_ost\consulting\plans\20250130_resto plan_main street_1691_cot.dwg 1 OF 1 IPGL 1" = 50'-0"4/1/25 1694 MAIN STREET COTUIT, MA RESTORATION PLAN Scale: 1"= 50' RESTORATION AREA DIAGRAM - 19,620 SQ. FT.1 1. APPROXIMATELY THREE GROWING SEASONS WILL BE REQUIRED TO CONTROL AND/OR ERADICATE INVASIVE PLANT SPECIES. AFTER THREE GROWING SEASONS, MONITORING AND MINIMAL MAINTENANCE WILL BE ONGOING. 2. HERBICIDES ARE TO BE APPLIED BY LICENSED INDIVIDUALS ONLY. 3. RESTORATION & MITIGATION AREAS WILL BE ALLOWED TO NATURALIZE. ELISA EDLER ENTINE REVOCABLE TRUST WETLAND INVASIVE PLANT MANAGEMENT AREA PHRAGMITES MARSH EXTENTS, FIELD LOCATED BY WED PROPERTY LINE N0050'100' PHRAGMITES MANAGEMENT AREA