Loading...
HomeMy WebLinkAbout20250909 Eco-NOI Crocker Marstons Mills Bogs_1 NOTICE OF INTENT Marstons Mills River Bog Restoration Barnstable, Massachusetts August 2025 Prepared for: Barnstable Clean Water Coalition 864 Main Street Osterville MA 02655 Prepared By: Horsley Witten Group, Inc. 90 Route 6A Sandwich, MA 02563 horsleywitten.com August 25, 2025 Barnstable Conservation Commission c/o Edwin Hoopes, Agent 230 South Street Hyannis, MA 02601 RE: Ecological Restoration Notice of Intent Marstons Mills River Bog Restoration Marstons Mills, Massachusetts Dear Members of the Barnstable Conservation Commission, On behalf of Barnstable Clean Water Coalition (BCWC) and project partners, the Horsley Witten Group, Inc. (HW) is pleased to submit the enclosed Ecological Restoration Notice of Intent (EcoNOI) and supporting materials for the prosed restoration of the Marstons Mills River cranberry bogs for the purposes of creating a healthy, self-sustaining and dynamic wetlands, improving hydrologic and aquatic habitat connectivity, improving water quality, and creating passive recreation in permanently protected public open space. The proposed restoration site is approximately 57 acres, 48 of which are retired cranberry bogs, near the headwaters of the Marstons Mills River in Marstons Mills, MA. It is estimated that cranberry farming began in the area in the mid to late 1800s. Since cultivation began, periodic additions of sand to the bog surface have raised the bog surface elevations above seasonal high groundwater levels, preventing the site from returning to a natural wetlands hydrology without intervention. In addition, the Marstons Mills River flows a mere two river miles before emptying into the Three Bays estuary, which has a Total Maximum Daily Load for nitrogen. This presents an opportunit y to use habitat restoration at the proposed project site to improve coastal water quality. The site is easily accessible from Bog Road, and construction staging can be contained within already open areas of the project site. Currently, and following project completion, the site will not require supporting infrastructure as it is a natural system. Implementation of this project will require the Town to obtain approvals or permits from various regulatory agencies including: 1.Approval under the Massachusetts Wetlands Protection Act via an Ecological Restoration Order of Conditions from the Barnstable Conservation Commission; 2.Massachusetts Environmental Protection Act Notice of Ecological Restoration Project (submitted to Environmental Monitor 11/25/2024; Notice of No ENF Required received 1/13/2025); Barnstable Conservation Commission August 25, 2025 Page 2 3.Chapter 91 Permit from the Massachusetts Department of Environmental Protection; and 4.Approval through a U.S. Army Corps of Engineers Section 404/Section 10 General Permit. All applicable permit applications will be sent or have been sent to the appropriate regulatory agencies. Enclosed please find our EcoNOI application and supporting documentation. Thank you for your review of the project. If you have any questions, please feel free to contact me at (508) 833-6600, or nprice@horsleywitten.com. Sincerely, HORSLEY WITTEN GROUP, INC. Neal M. Price Principal Scientist Enclosure: Barnstable Clean Water Coalition Marstons Mills River Bog Restoration Ecological Restoration Notice of Intent and supporting materials Cc: Zenas Crocker (Barnstable Clean Water Coalition) Nick Nelson, Interfluve Ecological Restoration Notice of Intent Marstons Mills Bog Restoration Barnstable, Massachusetts Table of Contents Cover Letter Notice of Intent Forms WPA Form 3A Parcel List NOI Wetland Fee Transmittal Form J. Stoddard Access Agreement J. Keating Access Agreement Town of Barnstable Access Agreement Local Forms Barnstable NOI Submission Checklist Barnstable Form PA Abutter Map and List Project Narrative and Appendices Notice of Intent Figures Aerial Map USGS Site Location Map Environmental Constraints Map Soils Map FEMA Map FEMA Firmette Project Plans (reduced size copy – full size plans separate) Environmental Monitor Publication NOI Forms wpaform3a.doc • 9/30/2015 WPA Form 3A – NOI for Ecological Restoration Project • Page 1 of 20 Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Program WPA Form 3A - Notice of Intent for an Ecological Restoration Project MassDEP File Number City or Town Project Type Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Check the Ecological Restoration type that applies: 1. Dam Removal 2. Freshwater Stream Crossing Repair and Replacement * 3. Stream Daylighting 4. Tidal Restoration 5. Rare Species Habitat Restoration 6. Restoring Fish Passageways Eligibility Criteria: I am applying for a Restoration Order of Conditions and meet the General Eligibility Criteria [310 CMR 10.13(1)] as described in Section C1 and the Additional Eligibility Criteria for this Ecological Restoration Project type [310 CMR 10.13(2) through (7)] as described in Section C2. This Notice of Intent includes the required supporting documents as specified in [310 CMR 10.11, 10.12] and outlined in Appendix 1 and Appendix 2 respectively. The NOI also includes a signed Certification of Eligibility in Section G. Signatures and Submittal Requirements. A. General Information 1. Project Location: 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 *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. wpaform3a.doc • 9/30/2015 WPA Form 3A – NOI for Ecological Restoration Project • Page 2 of 20 Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Program WPA Form 3A - Notice of Intent for an Ecological Restoration Project MassDEP File Number City or Town A. General Information (cont.) 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 and attach list 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. Organization 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 6.Property recorded at the Registry of Deeds for: a. County b. Certificate # (if registered land) c. Book d. Page Number 7.Project Narrative: Describe the project’s ecological restoration goals and how it furthers at least one of the interests of the Wetland Protection Act (WPA) M.G.L. c. 131, § 40. wpaform3a.doc • 9/30/2015 WPA Form 3A – NOI for Ecological Restoration Project • Page 3 of 20 Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Program WPA Form 3A - Notice of Intent for an Ecological Restoration Project MassDEP File Number City or Town B. Resource Area Impacts (Temporary & Permanent) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. 1. Inland Resource Areas: (See 310 CMR 10.54-10.58) 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 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 inland or coastal 2. Proposed alteration of the riverfront area: a. total square feet 2. Coastal Resource Areas: (see 310 CMR 10.25-10.35) Check all that apply below. For coastal riverfront area, see B.1.f. above. 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 ** Note: No armoring of a Coastal Dune or Barrier Beach is permitted. wpaform3a.doc • 9/30/2015 WPA Form 3A – NOI for Ecological Restoration Project • Page 4 of 20 Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Program WPA Form 3A - Notice of Intent for an Ecological Restoration Project MassDEP File Number City or Town B.Resource Area Impacts (Temporary & Permanent) (cont.) Resource Area 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 3. Restoration/Enhancement In addition to the square footage that has been entered in Section B1.b for BVW and B 2.h for Salt Marsh above, please enter the additional amount here for restoration/enhancement. a. Identify the appropriate resource area(s) type/name Square feet or linear feet b. Identify the appropriate resource area(s) type/name Square feet or linear feet C. Ecological Restoration Project Description 1.Check each box below to confirm that the project complies with each Eligibility Criteria required to obtain a Restoration Order of Conditions and provide the appropriate documentation. This project will have no short term or long-term adverse effects on Estimated Habitat sites of Rare Species located within resource areas that may be affected by the project or will be carried out according to a habitat management plan approved by NHESP. The project avoids and minimizes adverse impacts to Resource Areas and the interests identified in the WPA, without impeding the achievement of the ecological restoration goals The project will utilize best management practices to prevent and minimize adverse impacts to Resource Areas and the WPA interests. This Project will cause NO significant adverse effects on the interests of flood control and storm damage prevention in relation to the built environment (i.e., the project will not result in a significant increase in flooding or storm damage affecting buildings, wells, septic systems, roads or other man-made structures or infrastructure) and documentation on how this is achieved. wpaform3a.doc • 9/30/2015 WPA Form 3A – NOI for Ecological Restoration Project • Page 5 of 20 Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Program WPA Form 3A - Notice of Intent for an Ecological Restoration Project MassDEP File Number City or Town C. Ecological Restoration Project Description (cont.) If the Project involves the dredging of 100 cubic yards of sediment or more or dredging in an ORW, a 401 Water Quality Certification is required and attached. Requires a 401 Water Quality Certification. N/A The Project will not substantially reduce the capacity of a Resource Area to serve the wildlife habitat functions identified in 310 CMR 10.60(2). A project will be presumed to meet this eligibility criteria if the NOI will be carried out in accordance with any Time of Year (TOY) restrictions or other conditions recommended by the DMF for coastal waters, and by the DFW for inland waters in accordance with 310 CMR 10.11(3), (4) and (5). A NOI for an Ecological Restoration Project that meets the requirements of 310 CMR 10.12(1) and (2) it is exempt from performing a wildlife habitat evaluation. If the project involves work on a stream crossing, the stream crossing has been designed in accordance with 310 CMR 10.24(10) for work in coastal resource areas and 310 CMR 10.53(8) for work in inland resource areas, as applicable. See additional requirements below for Freshwater Stream Crossing Repair and Replacement Projects. The project will not result in a discharge of dredged or fill material within 400 feet of the high water mark of a Class A surface water (exclusive of its tributaries) unless the project is conducted by a public water system under 310 CMR 22.00 or a public agency or authority for the maintenance or repair of existing public roads or railways in accordance with 314 CMR 4.06(1)(d)1. The project will not result in a discharge of dredged or fill material to a vernal pool certified by the Massachusetts Division of Fisheries and Wildlife (DFW). The project will not result in a point source discharge to an Outstanding Resource Water. The project will not involve the armoring of a Coastal Dune or Barrier Beach. Describe in detail the project plan for invasive species prevention and control. See narrative Provide any TOY 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) and (5) with attached copies of their written determinations. If the project involves the construction, repair, replacement or expansion of infrastructure, a proposed operation and maintenance plan is provided to ensure that the infrastructure will continue to function as designed; 2. Check each box as appropriate to confirm that the project complies with the Eligibility Criteria required for this Ecological Restoration Project type. Dam Removal The Ecological Restoration Project is a dam removal project. The project meets the eligibility criteria set forth in 310 CMR 10.13(1)(d). wpaform3a.doc • 9/30/2015 WPA Form 3A – NOI for Ecological Restoration Project • Page 6 of 20 Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Program WPA Form 3A - Notice of Intent for an Ecological Restoration Project MassDEP File Number City or Town C. Ecological Restoration Project Description (cont.) The Project is consistent with the MassDEP guidance entitled Dam Removal and the Wetlands Regulations, dated December 2007, and meets the eligibility criteria set forth in 310 CMR 10.13(1). The Project is NOT consistent with MassDEP’s guidance entitled Dam Removal and the Wetlands Regulations, dated December 2007 and meets the eligibility criteria set forth in 310 CMR 10.13(1). The project will not involve the removal of a dam that was constructed or is managed for flood control by a municipal, state or federal agency. The project will not adversely impact public water supply wells or water withdrawals permitted or registered under the Water Management Act, M.G.L. c. 21G, and 310 CMR 36.00 within the reach of the stream impacted by the impoundment. The project will not adversely impact private water supply wells including agricultural or aquacultural wells or surface water withdrawal points. The project provides for the removal of the full vertical extent of the dam such that no remnant of the dam will remain at or below the streambed as determined prior to commencement of the dam removal project, or if such determination cannot be made at that time, as determined during construction of the project. The project provides for the removal of enough of the horizontal extent of the dam such that after removal no water will be impounded during the 500 year flood event. The project will not involve a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license. The applicant has obtained from the Department of Conservation and Recreation Office of Dam Safety a written determination in accordance to the General Applicability requirements prior to submitting this NOI. If the project is exempt from the requirement to obtain a license or permit under 310 CMR 9.05(3)(n), the project will not have an adverse effect on navigation or on any docks, piers or boat ramps authorized under 310 CMR 9.00. Freshwater Stream Crossing Repair and Replacement (310 CMR 10.13(3)) The Ecological Restoration Project is a freshwater stream crossing repair or replacement project. In addition to the eligibility criteria set forth in 310 CMR 10.13(1), the project meets all of the following eligibility criteria that will meet the MA Stream Crossing (SC) Standards that is completely described below or in the attached: The width of the structure will be at least 1.2 times bankfull width to facilitate the movement of fish and other aquatic organisms and wildlife species that may utilize riparian corridors. The structure will be an open-bottom span where practicable or if an open-bottom span is not practicable, the structure bottom will be embedded in a substrate that matches the substrate of the stream channel and that shall be designed to maintain continuity of aquatic and benthic elements of the stream including appropriate substrates and hydraulic characteristics within the culvert (water depths, slope, turbulence, velocities, and flow patterns). wpaform3a.doc • 9/30/2015 WPA Form 3A – NOI for Ecological Restoration Project • Page 7 of 20 Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Program WPA Form 3A - Notice of Intent for an Ecological Restoration Project MassDEP File Number City or Town C. Ecological Restoration Project Description (cont.) The structure will have an Openness Ratio of at least 0.82 feet, or as close to 0.82 feet as is practicable. The project includes considerations for site constraints in meeting the SC standards, undesirable effects or risk in meeting the standard, the environmental benefit of meeting the standard compared to the cost in evaluating: 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. Stream Daylighting The Ecological Restoration Project is a stream daylighting project. In addition to the eligibility criteria set forth in 310 CMR 10.13(1), the project meets all of the following eligibility criteria and is completely described narrative below/attached: The project will meet the applicable performance standards for Bank, 310 CMR 10.54, and Land Under Water Bodies and Waterways, 310 CMR 10.56. As set forth in 10.12(3), a person submitting a Notice of Intent that meets the requirements of 310 CMR 10.12 (1) and (2) for a stream daylighting project is exempt from the requirement to perform a wildlife habitat evaluation in accordance with 310 CMR 10.60, notwithstanding the provisions of 310 CMR 10.54(4)(a)5., 310 CMR 10.56(4)(a)4., and 310 CMR 10.60. To the maximum extent practicable, the project is designed to include the revegetation of all disturbed areas with noninvasive indigenous species appropriate to the site. wpaform3a.doc • 9/30/2015 WPA Form 3A – NOI for Ecological Restoration Project • Page 8 of 20 Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Program WPA Form 3A - Notice of Intent for an Ecological Restoration Project MassDEP File Number City or Town C. Ecological Restoration Project Description (cont.) Tidal Restoration Project (310 CMR 10.13(5)) The Ecological Restoration Project is a Tidal Restoration Project designed to restore tidal flow that has been restricted or blocked by a man-made structure. In addition to the eligibility criteria set forth in 310 CMR 10.13(1), the project meets all of the following eligibility criteria that is completely described below or in the attached: If the project will involve work in a Coastal Dune and/or a Coastal Beach, the project meets the applicable performance standard(s) at 310 CMR 10.27 and/or 10.28. The project will not include a new or relocated tidal inlet/breach through a Barrier Beach or additional armoring of a Barrier Beach, but may include the modification, replacement or enlargement of an existing culvert or inlet through a Barrier Beach. The project will not involve installation of new water control devices (i.e., tide gates, flash boards and adjustable weirs) or a change in the management of existing water control devices, when the existing or proposed function of said devices is to prevent flooding or storm damage impacts to the built environment, including without limitation, buildings, wells, septic systems, roads or other man-made structures or infrastructure. The project’s physical specifications are compatible with passage requirements for diadromous fish runs identified at the project location by the Division of Marine Fisheries. Did the project include considerations for site constraints in meeting the SC standards, undesirable effects or risk in meeting the standard, the environmental benefit of meeting the standard compared to the cost in evaluating: 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 wpaform3a.doc • 9/30/2015 WPA Form 3A – NOI for Ecological Restoration Project • Page 9 of 20 Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Program WPA Form 3A - Notice of Intent for an Ecological Restoration Project MassDEP File Number City or Town C. Ecological Restoration Project Description (cont.) Cost of replacement. Rare Species Habitat Restoration (310 CMR 10.13(6)) The Ecological Restoration Project is a Rare Species habitat restoration project. In addition to the eligibility criteria set forth in 310 CMR 10.13(1), the project meets all of the following eligibility criteria that is completely described below or in the attached: The project is exempt from review under 321 CMR 10.00 as a project that involves the active management of Rare Species habitat for the purpose of maintaining or enhancing the habitat for the benefit of Rare Species. A project that involves the active management of Rare Species habitat and is exempt from review under 321 CMR 10.00 may include without limitation the mowing, cutting, burning or pruning of vegetation or the removal of exotic or invasive species. The project is carried out in accordance with a Habitat Management Plan that has been approved in writing by the Natural Heritage and Endangered Species Program and submitted with this Notice of Intent. Restoring Fish Passageways (310 CMR 10.13(7)) The Ecological Restoration Project involves the restoration or repair of a fish passageway as identified by the Division of Marine Fisheries in its Marine Fisheries Technical Reports, TR 15 through 18, dated 2004. In addition to the eligibility criteria set forth in 310 CMR 10.13(1), the project meets all of the following eligibility criteria that is completely described below or in the attached: Proof of submission of a Fishway Permit Application to the Division of Marine Fisheries, pursuant to M.G.L. c. 130, §§ 1 and 19, and 322 CMR 7.01(4)(f) and (14)(m); and The fish passageway will be operated and maintained in accordance with an Operation and Maintenance Plan approved by the Division of Marine Fisheries. D. Other Applicable Standards and Requirements A person submitting a Notice of Intent for an Ecological Restoration Project that meets the requirements of 310 CMR 10.12(1) and (2) and that contains either a written determination from the Natural Heritage Endangered Species Program (NHESP) that the project will have no short or long term adverse effects on the habitat of the local population of state-listed species, or a Conservation and Management Permit issued by NHESP pursuant to the Massachusetts Endangered Species Act (MESA) Regulations at 321 CMR 10.00 for the project, or a habitat management plan for the project approved in writing by NHESP, will be deemed to have satisfied the requirements in 310 CMR 10.37 and 310 CMR 10.59 of sending the Notice of Intent for the same project for a determination by NHESP. For the purposes of this guidance, the “same project” means either there have been no changes to the project reviewed by NHESP in making its determination or that any subsequent changes to the project since the initial review by NHESP have been reviewed and approved in writing by NHESP. wpaform3a.doc • 9/30/2015 WPA Form 3A – NOI for Ecological Restoration Project • Page 10 of 20 Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Program WPA Form 3A - Notice of Intent for an Ecological Restoration Project MassDEP File Number City or Town D. Other Applicable Standards and Requirements (cont.) Compliance with the above NHESP-related requirements may be demonstrated by providing the following applicable documentation. See Appendix 1 for a complete description of these requirements. Check the applicable box below. The project is not within Estimated Habitat of State-Listed Rare Wetlands Wildlife as shown on the most recent Estimated Habitat Maps of State-Listed Rare Wetlands Wildlife published by the Natural Heritage and Endangered Species Program. The NHESP has issued the attached written determination that the project will have no short or long term adverse effects on the habitat of the local population of state-listed species. The NHESP has issued the attached written approval of the attached habitat management plan for this project, which makes it an eligible Rare Species habitat restoration project under 310 CMR 10.13(6). The NHESP has issued pursuant to the MESA Regulations at 321 CMR 10.00 the attached Conservation and Management Permit for this project. There have been no changes to the project reviewed by NHESP in making its determination, or if so, any subsequent changes to the project have been reviewed and approved in writing by NHESP and attached hereto. 1. 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 written determination to either: South Shore – Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries – South Coast Field Station Attn: Environmental Reviewer 1213 Purchase Street – 3rd Floor New Bedford, MA 02740-6694 Email: DMF.EnvReview-South@state.ma.us North Shore – Hull 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 2. 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). b. ACEC 3. 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 wpaform3a.doc • 9/30/2015 WPA Form 3A – NOI for Ecological Restoration Project • Page 11 of 20 Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Program WPA Form 3A - Notice of Intent for an Ecological Restoration Project MassDEP File Number City or Town D. Other Applicable Standards and Requirements (cont.) 4. 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 5. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes No If 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: Proprietary BMPs are included in the Stormwater Management System. 6. If the Ecological Restoration Project involves the construction, repair, replacement or expansion of infrastructure, an operation and maintenance plan has been submitted to ensure that the infrastructure will continue to function as designed. 7. The project involves the dredging of 100 cubic yards or more of sediment, or dredging of any amount in an Outstanding Resource Water, and a Water Quality Certification issued by the Department pursuant to 314 CMR 9.00 is attached. 8. The Ecological Restoration Project involves work on a stream crossing. Sufficient information has been provided to demonstrate that the design meets the requirements in 310 CMR 10.24(10) for work in coastal resources, and 310 CMR 10.53 (8) for work in an inland resource area. E. Additional Information Check each box for required documents that are attached to this Notice of Intent (NOI). See instructions for details. 1. Maps and Plans identifying the location of proposed activities relative to the boundaries of each affected resource area [http://www.mass.gov/anf/research-and-tech/it-serv-and-support/application- serv/office-of-geographic-information-massgis/datalayers/nwi.html] 2. 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 3. 4. Attach proof of Natural Heritage and Endangered Species Program written determination, if needed. Attach proof of mailing for Massachusetts Division of Marine Fisheries Time of Year written determination, if needed. wpaform3a.doc • 9/30/2015 WPA Form 3A – NOI for Ecological Restoration Project • Page 12 of 20 Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Program WPA Form 3A - Notice of Intent for an Ecological Restoration Project MassDEP File Number City or Town E. Additional Information (cont.) 5. Attach NOI Wetland Fee Transmittal Form. 6. Attach Stormwater Report, if needed. F. 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 wpaform3a.doc • 9/30/2015 WPA Form 3A – NOI for Ecological Restoration Project • Page 14 of 20 Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Program WPA Form 3A - Notice of Intent for an Ecological Restoration Project MassDEP File Number City or Town Appendix 1: Ecological Restoration Notice of Intent (WPA 3a) - 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. Environmental Monitor /Massachusetts Environmental Policy Act (MEPA) http://www.mass.gov/eea/agencies/mepa/submitting-notices-to-the-environmental-monitor.html 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 http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_fee_schedule.htm) wpaform3a.doc • 9/30/2015 WPA Form 3A – NOI for Ecological Restoration Project • Page 15 of 20 Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Program WPA Form 3A - Notice of Intent for an Ecological Restoration Project MassDEP File Number City or Town Appendix 1: Ecological Restoration Notice of Intent (WPA 3a) - Required Actions (310 CMR 10.11) 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, http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/regulatory-review/mass- endangered-species-act-mesa/; 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: http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/regulatory-review A preliminary written determination from Natural Heritage and Endangered Species Program (NHESP) must be obtained indicating that: Project will NOT impact an area located within estimated habitat indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetlands Wildlife published by NHESP. Project will impact an 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: wpaform3a.doc • 9/30/2015 WPA Form 3A – NOI for Ecological Restoration Project • Page 16 of 20 Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Program WPA Form 3A - Notice of Intent for an Ecological Restoration Project MassDEP File Number City or Town Appendix 1: Ecological Restoration Notice of Intent (WPA 3a) - Required Actions (310 CMR 10.11) 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 http://www.nae.usace.army.mil/Portals/74/docs/regulatory/StateGeneralPermits/NEGP/MADMFT R-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: http://www.mass.gov/eea/agencies/dfg/dmf/publications/technical.html] wpaform3a.doc • 9/30/2015 WPA Form 3A – NOI for Ecological Restoration Project • Page 17 of 20 Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Program WPA Form 3A - Notice of Intent for an Ecological Restoration Project MassDEP File Number City or Town Appendix 1: Ecological Restoration Notice of Intent (WPA 3a) - Required Actions (310 CMR 10.11) 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. Send the request for a written determination to: South Shore – Cohasset to Rhode Island border, and the Cape & Islands: Division of Marine Fisheries – South Coast Field Station Attn: Environmental Reviewer 1213 Purchase Street – 3rd Floor New Bedford, MA 02740-6694 Email: DMF_EnvReview.South@state.ma.us North Shore – Hull 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 – http://www.mass.gov/eea/agencies/dfg/dfw/ 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 wpaform3a.doc • 9/30/2015 WPA Form 3A – NOI for Ecological Restoration Project • Page 18 of 20 Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Program WPA Form 3A - Notice of Intent for an Ecological Restoration Project MassDEP File Number City or Town Appendix 1: Ecological Restoration Notice of Intent (WPA 3a) - Required Actions (310 CMR 10.11) 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. 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). wpaform3a.doc • 9/30/2015 WPA Form 3A – NOI for Ecological Restoration Project • Page 19 of 20 Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Program WPA Form 3A - Notice of Intent for an Ecological Restoration Project MassDEP File Number City or Town Appendix 2: Ecological Restoration Notice of Intent (WPA 3a) - 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 insure 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. 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; wpaform3a.doc • 9/30/2015 WPA Form 3A – NOI for Ecological Restoration Project • Page 20 of 20 Massachusetts Department of Environmental Protection Bureau of Resource Protection – Wetlands Program WPA Form 3A - Notice of Intent for an Ecological Restoration Project MassDEP File Number City or Town Appendix 2: Ecological Restoration Notice of Intent (WPA 3a) - Minimum Required Documents (310 CMR 10.12) 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. Marstons Mills River Bogs Restoration Project List of Subject Parcels Parcel 044/027 710 River Road Joe Keating Barnstable County Registry of Deeds Book 33733 Page 296 Mailing Address: 714 River Road Marstons Mills MA 02649 Parcel 044/027/002 0 River Road Joe Keating Barnstable County Registry of Deeds Book 33733 Page 296 Mailing Address: 714 River Road Marstons Mills MA 02649 Parcel 044/027/003 0 Whistleberry Drive Joe Keating Barnstable County Registry of Deeds Book 33733 Page 296 Mailing Address: 714 River Road Marstons Mills MA 02649 Parcel 045/011 948 River Road Three Bays Preservation Inc. Barnstable County Registry of Deeds Book 35866 Page 176 Mailing Address: 864 Main Street Osterville MA 02655 Parcel 045/016/004 0 River Road Three Bays Preservation Inc. Barnstable County Registry of Deeds Book 35866 Page 176 Mailing Address: 864 Main Street Osterville MA 02655 Parcel 045/017/007 0 Bog Road Three Bays Preservation Inc. Barnstable County Registry of Deeds Book 35867 Page 72 Mailing Address: 864 Main Street Osterville MA 02655 Parcel 045/026 946 River Road Three Bays Preservation Inc Barnstable County Registry of Deeds Book 35866 Page 176 Mailing Address: 864 Main Street Osterville MA 02655 Parcel 046/134 232 Bog Road Jane Stoddard Barnstable County Registry of Deeds Book 9226 Page 41 Mailing Address: PO Box 364 Marstons Mills MA 02648 Parcel 046/137 31 Whistleberry Drive Town of Barnstable Barnstable County Registry of Deeds Book 16870 Page 51 Mailing Address: 367 Main Street Hyannis MA 02601 noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/17/11 Page 1 of 2 5 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: 110 Bog Road a. Street Address Marstons Mills b. City/Town c. Check number d. Fee amount 2. Applicant Mailing Address: Zenas a. First Name Crocker b. Last Name Barnstable Clean Water Coalition c. Organization PO Box 215 d. Mailing Address Osterville e. City/Town MA f. State 02655 g. Zip Code 508-420-0780 h. Phone Number 508-420-4489 i. Fax Number zcrocker@bcleanwater.org 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. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/17/11 Page 2 of 2 5 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 Ecological Restoration (Category 2J) 1 $500 $750 Step 5/Total Project Fee: $750 Step 6/Fee Payments: Total Project Fee: $750 a. Total Fee from Step 5 State share of filing Fee: $362.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $387.50 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.) Local Forms 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, Wetlands 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 Barnstable Conservation Commission 230 South Street Hyannis Massachusetts 02601 Office: 508-862-4093 E-mail: conservation@town.barnstable.ma.us N/A 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; 4,260.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcels 045017007, 045011, 045016004, 045026 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. 178 Town of Barnstable GIS Unit 355 5/20/2025 gis@town.barnstable.ma.us Printed on: 0 ft.355 Subject Parcel Abutters 100 ft. Buffer ft. 1 inch = approx. Parcels Town Boundary Railroad Tracks Roads Paved Road Unpaved Road Bridge Paved Median Water Bodies 3,600.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcels 046134, 046137 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. 150 Town of Barnstable GIS Unit 300 5/21/2025 gis@town.barnstable.ma.us Printed on: 0 ft.300 Subject Parcel Abutters 100 ft. Buffer ft. 1 inch = approx. Parcels Town Boundary Railroad Tracks Buildings Approx. Building Buildings Parking Lots Paved Unpaved Roads Paved Road Unpaved Road Bridge Paved Median Water Bodies 3,600.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcels 044027005, 044027003, 044027 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. 150 Town of Barnstable GIS Unit 300 5/21/2025 gis@town.barnstable.ma.us Printed on: 0 ft.300 Subject Parcel Abutters 100 ft. Buffer ft. 1 inch = approx. Parcels Town Boundary Railroad Tracks Buildings Approx. Building Buildings Parking Lots Paved Unpaved Roads Paved Road Unpaved Road Bridge Paved Median Water Bodies Conservation Notice of Intent (NOI) Abutter List for Subject Parcels 045017007, 045011, 045016004, 045026 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 044018 GIRARD, CHRISTOPHER J & AMANDA 117 BERRY HOLLOW DRIVE MARSTONS MILLS 02648MA 044019 BLAZIS, GARY C & NANCY M 105 BERRY HOLLOW DR MARSTONS MILLS 02648MA 044027 KEATING, JOSEPH M 714 RIVER ROAD MARSTONS MILLS 02648MA 044027002 KEATING, JOSEPH M 714 RIVER ROAD MARSTONS MILLS 02648MA 044027003 KEATING, JOSEPH M 714 RIVER ROAD MARSTONS MILLS 02648MA 044027005 KEATING, JOSEPH M 714 RIVER ROAD MARSTONS MILLS 02648MA 045009 SOMMER, WILLIAM F, JR & NADINE ANN 12 BENEDICT AVENUE WHITE PLAINS 10603NY 045010001 PULS, MICHAEL 972 RIVER ROAD MARSTONS MILLS 02648MA 045010002 BUCCHIANERI, ROBERT J & PAULA 956 RIVER RD MARSTONS MILLS 02648MA 045011 THREE BAYS PRESERVATION INC 864 MAIN STREET OSTERVILLE 02655MA 045012001 ELDREDGE, COREY A 944 RIVER ROAD MARSTONS MILLS 02648MA 045012002 BIRD, SARAH E 85 BOG ROAD MARSTONS MILLS 02648MA 045012003 SHERBURNE, JOHN C & DIANA B PO BOX 971 MARSTONS MILLS 02648MA 045016002 MILLER, OLIVIA H & KEVORKIAN, KENNETH P TRS OLIVIA H MILLER FAMILY TRUST & KENNETH P KEVORKIAN FAMILY TRUST 109 SCHOOL STREET MARSTONS MILLS 02648MA 5/20/2025 8:20 AMReport Generated On:Page 1 of 5 64Total 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. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 045016003 FINDLAY, JOSEPH 141 BOG ROAD MARSTONS MILLS 02648MA 045016004 THREE BAYS PRESERVATION INC 864 MAIN STREET OSTERVILLE 02655MA 045016005 CROOK, DOUGLAS & TINA M 115 BOG ROAD MARSTONS MILLS 02648MA 045017001 HAMBLIN, ERIK 120 BOG ROAD MARSTONS MILLS 02648MA 045017002 FEDORAS, BARBARA L 55 SHERWOOD DRIVE EAST HARTFORD 06108CT 045017007 THREE BAYS PRESERVATION INC 864 MAIN STREET OSTERVILLE 02655MA 045018 FARRAR, STEPHEN R L & JOHN &SNYDER, MICHAEL A P O BOX 1178 MARSTONS MILLS 02648MA 045021 WISE, JANYCE V & DECASTELLANE, STEVEN 72 HAMBLIN'S HAY WAY MARSTONS MILLS 02648MA 045026 THREE BAYS PRESERVATION INC 864 MAIN STREET OSTERVILLE 02655MA 045033 KIRBY, ANNE M 20 POND MEADOW DRIVE MARSTONS MILLS 02648MA 045034 BROWN, WAYNE G & HARRIS-BROWN, RUTH M 31 POND MEADOW DR MARSTONS MILLS 02648MA 045038 TURCHINETZ, RUTH ANN MATILDA TR RUTH ANN MATILDA TURCHINETZ 2024 LIVING TRUST 326 SANTUIT NEWTOWN ROAD MARSTONS MILLS 02648MA 045041 CONNELL, DARLENE M TRUSTEE OLIVEIRA TRUST 6 BERRY HOLLOW DRIVE MARSTONS MILLS 02648MA 045047 MAUS, MARCELA & DOUGLAS & RENEDO, DINA 16 RICHMOND CIRCLE LEXINGTON 02421MA 045048 PRIFTI, JANICE MARIE 120 BERRY HOLLOW DRIVE MARSTONS MILLS 02648MA 5/20/2025 8:20 AMReport Generated On:Page 2 of 5 64Total 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. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 045051 BENOIT, CONRAD H & SHERRI DOOLIN PO BOX 278 OSTERVILLE 02655MA 045052 BANCROFT, JAMES A TR JBC FAMILY TRUST 74 SHERYLES WAY MARSTONS MILLS 02648MA 045053 ROGERS, RICHARD & EMILY M 60 SHERYLES WAY MARSTONS MILLS 02648MA 046007 WARWICK, W CAMERON & TREADWAY, CANDEE A 231 BOG RD MARSTONS MILLS 02648MA 046010 LEE, IAN J 193 SCHOOL STREET MARSTONS MILLS 02648MA 046012 HEARN, WILLIAM E & ELIZABETH A TRS 177 SCHOOL STREET MARSTONS MILLS 02648MA 046134 STODDARD, JANE M P O BOX 364 MARSTONS MILLS 02648-0369MA 046135 THORNE, ROBERT M TR R A REALTY TRUST 18 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 046136 AMADO, CATHY J 331 PLAIN STREET BROCKTON 02302MA 046137 BARNSTABLE, TOWN OF (MUN)367 MAIN STREET HYANNIS 02601MA 061039 LLOYD, LYN & PERRY, SLOCUMB & NEIJSTROM, CATHERINE O TRS BOARDMAN LLOYD TRUST 210 ALLANDALE ROAD APT 3A CHESTNUT HILL 02467MA 062013 ODDEN, CHRISTOPHER T & CAROLINE E H 180 MAIN STREET ANDOVER 01810MA 062014 CLARK, JEFFREY O & LEO-CLARK, SANDRA 253 WHISTLEBERRY DR MARSTONS MILLS 02648MA 062015 HOLT, RONALD H & MADELINE MIELE TRS RONALD HOLT TR & MADELINE MIELE HOLT TR 261 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 062016 MICHELS, KARL H & HILDEGARD M TRS MICHELS FAMILY TRUST 279 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 5/20/2025 8:20 AMReport Generated On:Page 3 of 5 64Total 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. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip 062017 SHULMAN, ANNE TUCKER 13 FRANKLIN PLACE UNIT 8D MORRISTOWN 07960NJ 062018 SHULMAN, ANNE TUCKER 13 FRANKLIN PLACE UNIT 8D MORRISTOWN 07960NJ 062019 CATANIA, WILLIAM V TR THE WM V CATANIA LIVING TRUST 335 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 062020 ROBILLARD, ERIC M 345 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 062022 LAMBROS, MICHAEL L & TESS E 413 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 062023 AVERY, JOHN T & TERESA M 435 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 062024 SMITH, SCOTT A & B LYNNE TRS DREWS REALTY TRUST 455 WHISTLEBERRY DR MARSTONS MILLS 02648MA 062031 GAYNOR, KENNETH S & TANYA SZESNY 272 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 062032 MCNALLY, PHYLLIS M TR PHILJA REVOCABLE TRUST 302 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 062033 WHITNEY, RODNEY J & DONNA M 348 WHISTLEBERRY DR MARSTONS MILLS 02648MA 062054 HAMBLIN, JEANNETTE M TRS HAMBLIN INVESTMENT REALTY TRUST 558 SANTUIT-NEWTOWN ROAD MARSTONS MILLS 02648MA 063082 CHAPMAN, JOHN M & LORI L 78 WHISTLEBERRY DR MARSTONS MILLS 02648MA 063085 BENNETT, LAWRENCE J 142 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 063086 SLAVINSKY, SHEILA 170 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 5/20/2025 8:20 AMReport Generated On:Page 4 of 5 64Total 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. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip DRIVE 063088 SCHNEIRDER, ARTHUR J TR ARTHUR J SCHNEIDER TRUST 1241-1255 ADAMS STREET UNIT WM304 BOSTON 02124MA 063089 ROBERTO, SUSAN L 105 WHISTELBERRY DRIVE MARSTONS MILLS 02648MA 063090 PRESBREY, FREDERIC B & POWERS, MELANIE B 109 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 063091 MCCORMACK, COLIN & AMANDA T 113 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 063092 MERCIER, ROSE MARIE CASS TR CASS FAMILY REVOCABLE TRUST 125 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 063093 PRICE, RUSSELL R & JODI M 171 WHISTLEBERRY DR MARSTONS MILLS 02648MA 5/20/2025 8:20 AMReport Generated On:Page 5 of 5 64Total 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. Conservation Notice of Intent (NOI) Abutter List for Subject Parcels 046134, 046137 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 045016003 FINDLAY, JOSEPH 141 BOG ROAD MARSTONS MILLS 02648MA 045017007 THREE BAYS PRESERVATION INC 864 MAIN STREET OSTERVILLE 02655MA 046006 ROLFE, MICHAEL TR CHARLES MICHAEL REALTY TRUST 256 BOG ROAD MARSTONS MILLS 02648MA 046007 WARWICK, W CAMERON & TREADWAY, CANDEE A 231 BOG RD MARSTONS MILLS 02648MA 046008 NAILOR, ERIC C & DEBORAH D 253 BOG ROAD MARSTONS MILLS 02648MA 046134 STODDARD, JANE M P O BOX 364 MARSTONS MILLS 02648-0369MA 046135 THORNE, ROBERT M TR R A REALTY TRUST 18 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 046136 AMADO, CATHY J 331 PLAIN STREET BROCKTON 02302MA 046137 BARNSTABLE, TOWN OF (MUN)367 MAIN STREET HYANNIS 02601MA 5/21/2025 8:22 AMReport Generated On:Page 1 of 1 9Total 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. Conservation Notice of Intent (NOI) Abutter List for Subject Parcels 044027005, 044027003, 044027 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 044018 GIRARD, CHRISTOPHER J & AMANDA 117 BERRY HOLLOW DRIVE MARSTONS MILLS 02648MA 044027 KEATING, JOSEPH M 714 RIVER ROAD MARSTONS MILLS 02648MA 044027001 KEATING, JOSEPH M 714 RIVER ROAD MARSTONS MILLS 02648MA 044027002 KEATING, JOSEPH M 714 RIVER ROAD MARSTONS MILLS 02648MA 044027003 KEATING, JOSEPH M 714 RIVER ROAD MARSTONS MILLS 02648MA 044027004 KEATING, JOSEPH M 714 RIVER ROAD MARSTONS MILLS 02648MA 044027005 KEATING, JOSEPH M 714 RIVER ROAD MARSTONS MILLS 02648MA 045017007 THREE BAYS PRESERVATION INC 864 MAIN STREET OSTERVILLE 02655MA 045048 PRIFTI, JANICE MARIE 120 BERRY HOLLOW DRIVE MARSTONS MILLS 02648MA 061004 JENKINS, SUSAN L 227 PINE ST WEST BARNSTABLE 02668MA 061039 LLOYD, LYN & PERRY, SLOCUMB & NEIJSTROM, CATHERINE O TRS BOARDMAN LLOYD TRUST 210 ALLANDALE ROAD APT 3A CHESTNUT HILL 02467MA 061040 MARSH, JAMES B JR & MEREDITH A 523 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 061041 MELLO, FRANK A 541 WHISTLEBERRY DR MARSTONS MILLS 02648MA 061042 OCONNOR, JOSEPH M & JENNIFER WEBSTER TRS JOSEPH M OCONNOR & JENNIFER WEBSTER OCONNOR 2024 LIVING TRUST 549 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 5/21/2025 8:26 AMReport Generated On:Page 1 of 2 19Total 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. Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip TRUST 061053 WHITE, GLEN W TR 512 WHISTLEBERRY REALTY TRUST 512 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 061054 CRONIN, GREGORY & LOIS 484 WHISTLEBERRY DRIVE MARSTONS MILLS 02648MA 061056 CLOUGH, DEBORAH A 636 RIVER ROAD MARSTONS MILLS 02648MA 061059 KEATING, JOSEPH M 714 RIVER ROAD MARSTONS MILLS 02648MA 062024 SMITH, SCOTT A & B LYNNE TRS DREWS REALTY TRUST 455 WHISTLEBERRY DR MARSTONS MILLS 02648MA 5/21/2025 8:26 AMReport Generated On:Page 2 of 2 19Total 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. NOTICE OF INTENT ABUTTER NOTIFICATION LETTER DATE: August 25, 2025 RE: Upcoming Barnstable Conservation Commission Public Hearing To Whom It May Concern: As a direct abutter to the project site, please be advised that a Notice of Intent application was filed with the Barnstable Conservation Commission and the Massachusetts Department of Environmental Protection regarding the project described below. APPLICANT: Marstons Mills River Bog Restoration PROJECT LOCATION: 505 Whistleberry Drive, Marstons Mills MA 02649 710 River Road, Marstons Mills MA 02649 946 River Road, Marstons Mills MA 02649 948 River Road, Marstons Mills MA 02649 0 River Road, Marstons Mills MA 02649 110 Bog Road, Marstons Mills MA 02649 ASSESSOR’S MAP & PARCEL: Map 061 Parcel 059 Map 044 Parcel 027 Map 045 Parcel 026 Map 045 Parcel 011 Map 045 Parcel 016 Lot 004 Map 045 Parcel 017 Lot 001 PROJECT DESCRIPTION: The Applicant proposes an Ecological Restoration Project to restore a 57-acre cranberry bog site to a more naturally functioning wetland complex. APPLICANT’S AGENT: Horsley Witten Group c/o Neal Price 90 Route 6A, Sandwich, MA 02563 (508) 833-6600 PUBLIC HEARING: Barnstable Town Hall,367 Main Street, Hyannis James H. Crocker Jr. Hearing Room – 2nd Floor DATE: September 9, 2025 TIME: 3:00 p.m. NOTE: Plans and application materials describing the proposed activity are on file with the Conservation Commission 230 South Street Hyannis, Massachusetts (508-862-4093).