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HomeMy WebLinkAboutConsultants response to DEP Comments1 Cavanaugh, Kimberly From:Reardon, Sean <sean.reardon@tetratech.com> Sent:Friday, October 3, 2025 12:26 PM To:SERO_NOI@MassMail.state.ma.us; amy.walkey@mass.gov; Deshais, Ken Cc:sero_noi@state.ma.us; ConservationMailbox; Cavanaugh, Kimberly; sero_noi@state.ma.us Subject:Re: MassDEP NOI File Number Thank You Amy. Could you please clarify why you feel a water quality certification is required? We do not believe the pond is subject to federal regulation since it is not connected to any other wetland or waterway subject to federal jurisdiction. Nor will any of the material removed be disposed of in area subject to federal or state jurisdiction as it will be used as fill material for site upland re-grading on-site. Any clarification you can provide is appreciated. Have a nice weekend. Sean Sean P. Reardon, PE | Vice President | Tetra Tech Direct +1 (508) 786-2230 | Business +1 (508) 786-2200 | sean.reardon@tetratech.com Time Zone: Eastern (UTC -05.00) This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. From: SERO_NOI@MassMail.state.ma.us <SERO_NOI@MassMail.state.ma.us> Sent: Friday, October 3, 2025 11:09 AM To: amy.walkey@mass.gov <amy.walkey@mass.gov>; Reardon, Sean <sean.reardon@tetratech.com> Cc: sero_noi@state.ma.us <sero_noi@state.ma.us>; conservation@town.barnstable.ma.us <conservation@town.barnstable.ma.us>; kimberly.cavanaugh@town.barnstable.ma.us <kimberly.cavanaugh@town.barnstable.ma.us>; sero_noi@state.ma.us <sero_noi@state.ma.us> Subject: MassDEP NOI File Number  CAUTION: This email originated from an external sender. Verify the source before opening links or attachments.  COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION You don't often get email from sero_noi@massmail.state.ma.us. Learn why this is important 2 SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700 Date: 10/03/2025 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 NEW RUSHY MARSH REALTY LLC Address 10 HUDSON YARDS - 501 W 30TH STREET - 40TH FLOOR,NEW YORK NY 10001 Locus 1541 MAIN STREET * , BARNSTABLE MA Owner Address This project has been assigned the following file # : SE 003-6313 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 401 Water Quality Certification (WQC) (314 CMR 9.00) may be required for this project. The project qualifies for 401 Certification under the Army Corps of Engineers General Permit for Massachusetts (MAGP), provided that the project meets certain conditions outlined in 314 CMR 9.03 and 9.04, and the conditions under MAGP. WQC information is available at https://www.mass.gov/regulations/314-CMR-9-401-water-quality-certification and MAGP information is available at http://www.nae.usace.army.mil/Missions/Regulatory/StateGeneralPermits/MassachusettsGeneralPermit.aspx. 401 WQC applications must now be submitted electronically through EEA’s ePLACE online tool at https://www.mass.gov/lists/water-quality-certification-forms-massdep. MASSDEP WILL NO LONGER ACCEPT PAPER APPLICATIONS FOR THESE FILINGS. General instructions and visual EEA ePLACE step-by-step instructions to assist in submitting your application are available online at https://www.mass.gov/how-to/ww-10-11-majorminor-fill-and-excavation-projects. and https://www.mass.gov/how-to/ww-07-08-09-water-quality-certifications-dredging-projects Your project involves dredging amounts greater than 100 cubic yards of sediment from Land Under Water and will require a 401 Water Quality Certification (WQC) (314 CMR 9.00). 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 are available online at: https://www.mass.gov/how-to/ww-07-08-09-water-quality-certifications-dredging-projects Review under Section 404 may be required. (Call 1-800-362-4367 for information). 3 Regards, for MassDEP, (857)-283-5930 Amy.Walkey@mass.gov To help prot ect your priva cy,