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Cavanaugh, Kimberly
From:SERO_NOI@MassMail.state.ma.us
Sent:Thursday, August 21, 2025 5:05 PM
To:john@sullivanengin.com; amy.walkey@mass.gov
Cc:sero_noi@state.ma.us; ConservationMailbox; Cavanaugh, Kimberly;
sero_noi@state.ma.us
Subject:MassDEP NOI File Number
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
SOUTHEAST REGIONAL OFFICE
20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700
Date: 08/21/2025 Municipality BARNSTABLE
RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER
The Department of Environmental Protection has received a Notice of Intent filed in accordance with
the Wetlands Protection Act (M.G.L. c. 131, §40):
Applicant 48 STARBOARD, LLC
Address 129 PADDOCK
CIRCLE,MASHPEE MA
Locus 48 STARBOARD LANE** ,
BARNSTABLE MA
Owner
Address
This project has been assigned the following file # : SE 003-6307
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT APPROVAL
OF APPLICATION
Although a file # is being issued, please note the following:
ADDITIONAL REQUIREMENTS:
A Chapter 91 license may be required. Application and transmittal forms are available on the
MassDEP website http://www.mass.gov/eea/agencies/massdep/water/approvals/wetlands-and-
waterways-forms.html#2. For additional information, contact MassDEP Waterways Program by
email at dep.waterways@mass.gov or visit https://www.mass.gov/waterways-program-chapter-91.
You must obtain a 401 Water Quality Certification (WQC) (314 CMR 9.00) for this project before the
activities described in the Notice of Intent can commence. 401 WQC forms are available online at:
https://www.mass.gov/lists/water-quality-certification-forms-massdep.
401 WQC applications must now be submitted electronically using EEA’s ePLACE online tool.
MASSDEP NO LONGER ACCEPTS PAPER APPLICATIONS FOR THESE FILINGS. General instructions
and visual EEA ePLACE step-by-step instructions designed to assist with submitting your application
2
are available online at: https://www.mass.gov/how-to/ww-10-11-majorminor-fill-and-excavation-
projects.
Based upon the information submitted in and with your Notice of Intent a separate 401 Water Quality
Certification application form is not required. Provided that:
(a) activities are conducted in compliance with MGL c.131, §40 (the Wetlands Protection Act) and
the Final Order of Conditions permitting the activities does not result in the loss of more than 5,000
square feet cumulatively of bordering and isolated vegetated wetlands and Land Under Water and/or
the dredging of more than 100 cubic yards of Land Under Water;
(b) the Final Order of Conditions requires at least 1:1 replacement of Bordering Vegetated Wetlands
pursuant to 310 CMR 10.55(4)(b);
(c) the project is not listed in 314 CMR 9.04(1) through (11) including: discharge of dredged or fill
material to any Outstanding Resource Water; any part of a subdivision unless deed restricted, so
long as the discharge is not to an Outstanding Resource Water see 314 CMR 9.04(3); activities
exempt from MGL c.131, §40 (except for normal maintenance and improvement of land in
agricultural or aquacultural use); discharge of dredged or fill material to an isolated vegetated
wetland identified as rare and endangered species habitat; loss of any salt marsh; activities subject
to an individual 404 permit.
If impacts to resource areas or project size increases beyond that described in the Notice of Intent or
there are discrepancies therein, you must notify MassDEP and request a determination that the
criteria of 314 CMR 9.03 have been met before the activity may begin.
Regards,
for MassDEP,
(857)-283-5930
Amy.Walkey@mass.gov
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