HomeMy WebLinkAbout20250923 NOI RMF 1541 Main Street
Letter of Transmittal
100 Nickerson Road, Marlborough, MA 01752
Tel 508.786.2200 Fax 508.786.2201 tetratech.com
To: Town of Barnstable – Conservation Commission Date: September 9, 2025
Mr. Edwin Hoopes, Conservation Administrator Project: “Rushy Marsh Farm Pond Dredge”
230 South Street Re: Notice of Intent Filing
Hyannis, MA 02601
We Are Sending You:
☒ Attached ☐ Samples ☐ Specifications
☐ Shop drawings ☐ Prints
☐ Copy of letter ☐ Change order ☐ Under Separate Cover
Copies Date No. Description
2 09/09/2025 1 Originals of Notice of Intent Filing w/ Site Plans
7 09/09/2025 1 Copies of Notice of Intent Filing w/ Site Plans
1 1 Thumb drive with electronic copy of submittal
1 1 Local Notice of Intent, Category 4 Filing Fee Check ($400.00)
1 1 Local WPA Form-3 Notice of Intent Filing Fee Check ($737.50)
Items Are Transmitted As Checked Below:
☒ For approval ☐ Approved as submitted ☐ Resubmit ☐ Copies for approval
☐ For your use ☐ Approved as noted ☐ Submit ☐ Copies for distribution
☐ As requested ☐ Returned for correction ☐ Return ☐ Corrected prints
☒ For review ☐ For bids due ☐ Prints returned after loan to us
Remarks:
Please find attached submittal materials in support of the Rushy Marsh Farm Pond Dredge Notice of Intent filing to
the Town of Barnstable Conservation Commission. Please call if you have any questions or need additional
information.
Sean (508) 786-2230
Signed:
Sean P. Reardon, P.E.,
Vice President
Marlborough Technology Park
100 Nickerson Road, Marlborough, MA 01752
Tel 508.786.2200 Fax 508.786.2201 tetratech.com
September 9, 2025
Edwin Hoopes, Conservation Administrator
Barnstable Conservation Commission
230 South Street
Hyannis, MA 02601
Re: Notice of Intent
“Rushy Marsh Farm Pond Dredge”
1541 Main Street
Cotuit, MA
Dear Mr. Hoopes:
On behalf of the Applicant, New Rushy Marsh Realty LLC, Tetra Tech is pleased to submit this Notice of
Intent (NOI), to the Barnstable Conservation Commission pursuant to the Massachusetts Wetlands Protection
Act (WPA) M.G.L. Ch. 131, Section 40 and its regulations (310 CMR 10.00 et seq.), and the Town of
Barnstable Wetlands Protection Bylaw (Ch. 237). Under this NOI filing, the Applicant proposes to dredge
approximately 750 cubic yards of accumulated muck, sediment and subsoil from an existing pond for the
purpose of improving water quality and general health of the pond. The work is located within Bordering
Vegetated Wetland (BVW), Land Under Waterbodies and Waterways (LUW), and Land Subject to Coastal
Storm Flowage (LSCSF) and buffer zones thereto.
Enclosed please find two (2) copies of the full NOI Application with full-size (24x36) stamped original plans
and seven (7) additional copies. Also included is a check for the Town portion of the state filing fee as well as
the Chapter 237 filing fee. We respectfully request that you place this matter on your agenda for the next
available public hearing. Notice has been provided to abutters anticipating an October 7, 2025 hearing per the
Commission’s 2025 Hearings Schedule Filing Deadlines.
If you have any questions or require any additional information, please don’t hesitate to contact me directly by
email at sean.reardon@tetratech.com or by phone at 508-786-2230.
Very truly yours,
Sean P. Reardon, P.E.
Vice President
CC: M. Ford, Ford and Ford Atty
P:\89057\143-89057-24001_MISC_ON_CALL\DOCS\POND DREDGE NOI\2.0_COVER LETTER_2025-09-09.DOCX
i
TABLE OF CONTENTS
WPA FORM 3
FEE CALCULATION FORMS
PROJECT NARRATIVE
1.0 PROJECT SUMMARY ............................................................................................................................ 1
2.0 WETLANDS AND HABITAT .................................................................................................................. 1
3.0 PROPOSED ALTERATIONS WITHIN BVW AND LUW ........................................................................ 2
4.0 PROPOSED ALTERATIONS WITHIN 50’ BUFFER ZONE .................................................................. 2
5.0 EROSION AND SEDIMENT CONTROLS AND WORK PLAN .............................................................. 2
6.0 CONSISTENCY WITH INTEREST OF CHAPTER 237 AND WETLANDS PROTECTION ACT .......... 3
LIST OF FIGURES
Figure 1 – USGS Site Locus Map
Figure 2 – NHESP Mapping
LIST OF APPENDICES
Appendix A – Checklist and Forms
Appendix B – Notice of Intent Plans
Appendix C – Abutter Notification
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
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.
wpaform3.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.
wpaform3.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
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.
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).
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.
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
9-8-2025
noifeetf.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.
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.)
Q\REGULATIONS\finalchapter237feeschedule Revised 6/6/2017
Effective 7/1/2017
FEE SCHEDULE
(EFFECTIVE 7/1/2017)
Notice of Intent (NOI) Chapter 237 fee
Category 1 (additions, pools etc.) 200
Category 2 (houses, beach nourishment etc.) 300
Category 3 (roads, commercial bldgs, etc.) 425
Category 4 (dredging etc.) 400
Category 5 (piers, seawalls etc.) 2.50/ft + additional 750 f/ saltwater piers
2.50/ft + additional 250 f/ freshwater piers
Category 6 (confirm wetland delineations) 500
NOI Waiver Request 150 + NOI fee
Note: Any Notice of Intent filed only under Chap. 237 of the Town Code, shall also be assessed a fee equivalent
to the calculated “town share” derived from the MA DEP Wetlands fee calculation for that type project.
Request for Determination of Applicability (RDA)
General 175
Vista Pruning 225
Confirm wetland delineations 400
Certificate of Compliance
Initial docketing 125
Each re-docketing (revisit) 50
Extension Permit 125
Amended Order of Conditions 150*
Revised Plan 50*
*Note: Any revised plan request or request for amended order shall also be assessed applicable project fees.
Administrative Review 25
AFTER-THE-FACT FILINGS: (Twice the filing fee** of NOI, RDA )
Notice of Intent: Chapter 237 fee
Category 1 (additions, pools, etc.) 400
Category 2 (houses, beach nourishment, etc.) 600
Category 3 (roads, commercial bldgs.., etc.) 850
Category 4 (dredging, etc.) 800
Category 5 (piers, seawalls, etc. 5.00/ft. + additional 750 f/ saltwater piers
5.00/ft. + additional 250 f/ freshwater piers
Request for Determination of Applicability :
General 350
Vista Pruning 450
Enforcement Order Response Plan (where no after-fact filing) 200**
* - plus applicable project fee; ** - at the discretion of the Conservation Commission
Town of Barnstable
Conservation Commission
230 South Street, Hyannis, MA 02601
E-mail: conservation@town.barnstable.ma.us
Office: 508-862-4093
MEMO
Marlborough Technology Park
100 Nickerson Road, Marlborough, MA 01752
Tel 508.786.2200 Fax 508.786.2201 tetratech.com
To: Barnstable Conservation Commission
Cc: Michael D. Ford, Esq.
From: Sean P. Reardon, PE – Tetra Tech, Inc.
Date: September 9, 2025
Subject: Project Narrative
Rushy Marsh Farm Pond Dredge
1541 Main Street
Cotuit, MA
1.0 PROJECT SUMMARY
The proposed Rushy Marsh Farm Pond Dredge (the Project) is located at 1541 Main Street in Cotuit
(Rushy Marsh Farm) and consists of dredging approximately 750 cubic yards of organic pond muck and
underlying soil from an existing pond to improve water quality which has degraded over the past several
years.
The Project location is shown on the attached Figure 1 – Site Locus Map and the proposed work is shown
in detail on the “Rushy Marsh Farm Pond Dredge Notice of Intent Plans” (NOI Plans) provided under
separate cover.
The Project includes a temporary disturbance of approximately 155 square feet of Bordering Vegetated
Wetland for the placement of a temporary timber mat that will extend across the BVW and into the pond
to serve as a staging platform for the extended-boom excavator used to remove the muck and soil from
the pond. Dredged material will be placed in an adjacent holding area to allow the material to drain prior
to removal from the work area. Dewatered material will be moved from the holding area to a stockpile
location in the north paddock where it will be mixed with excavated material from the Paddock Wetland
Expansion Project and eventually placed along the eastern slope of the north paddock outside any
resource area or buffer zone.
The Project’s sole objective is to improve ecological function and viability of the pond.
2.0 WETLANDS AND HABITAT
The Project is proposed within Land Subject to Coastal Storm Flowage (LSCSF), within Bordering
Vegetated Wetlands (BVW), and within Land Under Waterbodies (LUW). The limit of LSCSF was
determined based on the lateral extent of the FEMA AE Flood Zone at elevation 12.8 (NGVD29) as
converted from FEMA elevation 12.0 (NAVD88). The limits of BVW and associated buffer zones are
delineated on the Plan. Prior to the start of construction, the Project’s limit of work line will be staked, and
all wetland resource areas within 100 feet of the work area will be staked and flagged using numbered
identifiers for clear reference and field verification.
Project Narrative
Rushy Marsh Farm Pond Dredge
September 9, 2025
TETRA TECH
2
None of the work is located within Estimated Habitats of Rare Species or Priority Habitats of Rare Wildlife
as indicated on the most recent version published by the Natural Heritage and Endangered Species
Program (NHESP). Locations of NHESP polygons are shown on Figure 2 – NHESP Mapping.
3.0 PROPOSED ALTERATIONS WITHIN BVW AND LUW
BVW alteration includes temporary alteration of approximately 155 square feet of BVW to allow dredging
equipment to access the pond. Impacted areas will be restored to their original condition once the work is
complete. No other alterations or impervious surfaces are proposed.
LUW alteration includes the temporary disturbance of accumulated muck and some underlying soils over
an area of approximately 11,000 sf of muck and resulting in the permanent removal of approximately 750
cy of muck, sediment and subsoil.
All non-dredge areas disturbed during construction will be returned to their original grade and vegetated
condition.
4.0 PROPOSED ALTERATIONS WITHIN 50’ BUFFER ZONE
Alteration within the 50’ Buffer Zone includes temporary disturbances associated with constructing dredge
equipment access and dredge material holding area as well as related temporary staging and stockpile
areas. All areas disturbed during construction will be returned to their original grade and vegetated
condition.
5.0 EROSION AND SEDIMENT CONTROLS AND WORK PLAN
5.1 Erosion Controls
The Project will install and maintain construction period erosion and sediment controls to contain the work
zone and minimize risk of sediment migration or inadvertent impacts to protected areas. Construction
period erosion and sediment controls include proven methods for managing runoff such as compost filter
tube perimeter controls and a stone construction exit. Surface runoff within and around the work area will
be directed toward the pond to contain sediment and prevent discharge beyond the Project’s limit of work.
Dredged materials will be placed temporarily within a stone level spreader (holding area) to minimize
sediment return to the pond while the material drains. The level spreader will be in the existing lawn area
adjacent to the pond and within reach of the excavator boom. The level spreader and any captured
materials will be removed and the lawn restored once the dredging is complete.
Specific controls are shown on the Site Plan (Sheet C-201 of the Plans).
5.2 Work Plan
The following describes the expected work sequence and associated measures taken to prevent
migration of sediment beyond the work area or other collateral impacts to resource areas or buffer zones.
1. Record Order of Conditions and file required forms with Conservation Commission prior to
starting any construction.
2. Post required permit sign, re-stake wetland line and install erosion and sediment control
measures per approved plans
3. Pre-mark areas of proposed equipment access and dredge material dewatering.
Project Narrative
Rushy Marsh Farm Pond Dredge
September 9, 2025
TETRA TECH
3
4. Notify ConCom that erosion controls have been installed and allow for inspection and
accommodate any reasonable adjustment requested.
5. Remove and save plant material within areas of temporary disturbance, construct dewatering
area and place temporary timber mats,
6. Dredge underlying soils per plan under the supervision and direction of wetlands ecologist.
7. Dispose of dredged material on-site in area of upland and outside conservation commission
jurisdiction.
8. Remove temporary pond access, dewatering zone and any other temporary construction support
areas.
9. Replace or otherwise restore vegetation disturbed during construction.
10. Remove erosion control measures and demobilize from site
All work will be performed under the strict supervision of experienced construction managers familiar with
working conditions at the site and who understand the performance expectations of the Conservation
Commission and its agents. We are confident the measures described above ensure adequate protection
of the wetland resource areas and associated buffer zones.
6.0 CONSISTENCY WITH INTERESTS OF CHAPTER 237 AND WETLANDS PROTECTION ACT
The Project is completely consistent with, or otherwise supports, the interests identified in Chapter 237 of
the Barnstable Bylaws and the Wetlands Protection Act and its regulations under 310 CMR 10.00
including the following:
Pollution Prevention: The Project includes the dredging of a layer of organic muck which has likely
accumulated excess nitrogen and phosphorus quantities over time. A newly dredged layer of pond
substrate will allow a new cycle of nutrient uptake and filtration to emerge, reducing the risk of
eutrophication and improving overall water quality.
Wildlife: The Project will improve aquatic habitat by restoring pond depth and water quality, which
supports a broader range of native species. Additionally, the Project is designed to preserve and enhance
the transitional buffer zone vegetation, which plays a critical role in supporting wildlife by providing
gradual habitat edges and connectivity between upland and wetland environments.
Cumulative Effects: The Project is focused in a discreet area with a very specific intent and results in a
substantial net positive impact and therefore has no discernible negative cumulative effect.
Storm Damage Prevention/Flood Control: The project includes appropriate and adequate controls for
management of stormwater both during and after construction. The Project will substantially increase
volume available for both inland and coastal flood control and presents no risk that any future storm
damage could result or otherwise be worsened.
Coastal Bank Performance Standards (310 CMR 10.30): The Project does not impact coastal bank as the
work is within areas upland of BVW, an inland resource area.
Land Subject to Coastal Storm Flowage (LSCSF): The Massachusetts Wetland Protection Regulations
have no performance standards or restrictions for work within or around LSCSF.ON AND SEDIMENT CONTROLS0 IMPACTS
NHESP Natural Communities
NHESP Ecoregions
NHESP Certified Vernal Pools
NHESP Estimated Habitats of Rare
Wildlife
NHESP Priority Habitats of Rare Species
Potential Vernal Pools
Property Tax Parcels
Figure 2 - NHESP Mapping (August 7, 2025)
Notice of Intent
Rushy Marsh Farm Pond Dredge
1541 Main Street, Cotuit
September 9, 2025
TETRA TECH
Appendix A
Checklist and 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
x
x
x
x
x
x
x
x
x Sean P. Reardon
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;
x
x
x
x
x
x
x
x
x
x
x
x
Project/Site:City/Town:Sampling Date:11/11/2024
Applicant/Owner:Sampling Point or Zone:
Investigator(s):Latitude/Longitude:
Soil Map Unit Name:NWI or DEP Classification:
Are climatic/hydrologic conditions on the site typical for this time of year?Yes X No (If no, explain in Remarks)
Are Vegetation X , Soil significantly disturbed? (If yes, explain in Remarks)
Are Vegetation , Soil naturally problematic? (If yes, explain in Remarks)
SUMMARY OF FINDINGS – Attach site map and photograph log showing sampling locations, transects, etc
Wetland vegetation criterion met?Yes No X Yes No X
Hydric Soils criterion met?Yes No X
Wetlands hydrology present?Yes No X
Remarks, Photo Details, Flagging, etc.:
HYDROLOGY
Yes No X Depth (in)
Water Table Present?Yes No X Depth (in)
Saturation Present (including capillary fringe)?Yes No X Depth (in)
Wetland Hydrology Indicators
Direct observation of inundation
Drainage patterns
Drift lines
Scoured areas
Sediment deposits
Surface soil cracks
Sparsely vegetated concave
(aerenchyma)roots surface
Microtopographic relief
Geographic position (depression,
toe of slope, fringing lowland)
Remarks (describe recorded data from stream gauge, monitoring well, aerial photos, previous inspections, if available):
This form is only for BVW delineations. Other wetland resource areas may be present and should be delineated according to the applicable
regulatory provisions.
New Rushy Marsh Realty LLC GCB3
Chris Frattaroli 41.60235427303882, -70.44384235525949
Open WaterCarver coarse sand; Water
BORDERING VEGETATED WETLAND DETERMINATION FORM
Heavily landscaped area
Evidence of aquatic fauna
Indicators of the Influence of Water
Hydrogen sulfide odor
Algal mats or crusts
Oxidized rhizospheres/pore linings
Thin muck surfaces
Plants with air-filled tissue
Plants with polymorphic leaves
Plants with floating leaves
Trees with shallow root systems
Woody plants with enlarged lenticels
, or Hydrology
, or Hydrology
Field Observations:
Surface Water Present?
Rushy Marsh Farm Cotuit
Is the Sampled Area within a Wetland?
Indicators that can be Reliable with
Proper Interpretation
Hydrological records
Free water in a soil test hole
Saturated soil
Water marks
Moss trim lines
Presence of reduced iron
Woody plants with adventitious
Iron deposits
Water-stained leaves
Reliable Indicators of Wetlands
Hydrology
UPGRADIENT
Sampling Point GCB3
VEGETATION – Use both common and scientific names of plants.
Tree Stratum Plot size
% Dominant
1 55.1%
2 29.7%
3 15.2%
4
5
6
7
8
9
=Total Cover
Shrub/Sapling Stratum Plot size
% Dominant
1 95.5%
2 4.5%
3
4
5
6
7
8
9
=Total Cover
Herb Stratum Plot size
% Dominant
1
2
3
4
5
6
7
8
9
10
11
12
=Total Cover
66.0%
0.0%
Wetland Indictor?
(yes/no)
5'
Common Name Scientific name
Indicator
Status
Absolute %
Cover
Dominant?
(yes/no)
Chinese Privet Ligustrum sinense FACU 3.0%
Rhododendron Rhododendron sp.FACU 63.0% X
15'
Common Name Scientific name
Absolute %
Cover
Dominant?
(yes/no)
Wetland Indictor?
(yes/no)
Indicator
Status
69.0%
FACU
FACUIlex opaca
20.5%
10.5%
Wetland Indictor?
(yes/no)
Dominant?
(yes/no)
Absolute %
Cover
Indicator
Status
Quercus rubra
30'
Common Name Scientific name
Pitch Pine Pinus rigida FACU 38.0% X
Red Oak
American Holly
X
VEGETATION – continued.
Woody Vine Stratum Plot size
% Dominant
1
2
3
4
=Total Cover
Rapid Test:Do all dominant species have an indicator status of OBL or FACW?Yes No X
Yes No X
=
=
=
=
=
(B)
Prevalence Index B/A=Is the Prevalence Index ≤ 3.0?
Yes No X
Wetland vegetation criterion met?Yes No X
Definitions of Vegetation Strata
Tree Woody plants 3 in. (7.62 cm) or more in diameter at breast height (DBH), regardless of height
Shrub/Sapling Woody plants less than 3 in. (7.62 cm) DBH and greater than or equal to 3.3 ft. (1 m) tall
Herb All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.3 ft. (1 m) tall
Woody vines All woody vines greater than 3.3 ft. (1 m) in height
Midpoint
3.00%
10.50%
20.50%
38.00%
63.00%
85.50%
98.00%
540%
15-25 %
26-50 %
51-75 %
76-95 %
96-100 %
Prevalence Index:
Cover Ranges
Range
1-5 %
6-15 %
Column Totals (A)
OBL species x1
x3
x2
x4
x5
0%
0%
0%
135%
4.00
0%
Multiply by:Total % Cover
(all strata)
FACW species
FAC species
FACU species
UPL species
135%
0%
Dominance Test:
Result
0%
0%
0%
540%
Number of dominant species Number of dominant species that are
wetland indicator plants
Do wetland indicator plants make
up ≥ 50% of dominant plant
species?
03
30'
Dominant?
(yes/no)
Wetland Indictor?
(yes/no)Common Name Scientific name
Indicator
Status
Absolute %
Cover
0.0%
Sampling Point GCB3
SOIL
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators)
%%Remarks
100
100
100
Hydric Soil Indicators (Check all that apply)Indicators for Problematic Hydric Soils
Histosol (A1)Sandy Redox (S5)2 cm Muck (A10)
Histic Epipedon (A2)Stripped Matrix (S6)5 cm Mucky Peat or Peat (S3)
Black Histic (A3)Polyvalue Below Surface (S8)Dark Surface (S7)
Hydrogen Sulfide (A4)Thin Dark Surface (S9)Polyvalue Below Surface (S8)
Stratified Layers (A5)Loamy Mucky Mineral (F1)Thin Dark Surface (S9)
Depleted Below Dark Surface (A11)Loamy Gleyed Matrix (F2)Iron-Manganese Masses (F12)
Thick Dark Surface (A12)Depleted Matrix (F3)Mesic Spodic (A17)
Sandy Mucky Mineral (S1)Redox Dark Surface (F7)Red Parent Material (F21)
Sandy Gleyed Matrix (S4)Depleted Dark Surface (F8)Very Shallow Dark Surface (TF12)
Dark Surface (S7)Other (Include Explanation in Remarks)
Restrictive Layer (if observed)Type:Depth (inches):
Remarks
Hydric Soils criterion met?Yes No X
Color (moist) Color (moist)TextureLocation2Type1
Matrix Redox Features
1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains 2Location: PL=Pore Lining, M=Matrix
SL
LS
LS
10YR3/3
10YR4/2
10YR4/4
Depth
(inches)
0-3
3-8
8-16
Are climatic/hydrologic conditions on the site typical for this time of year?Yes X No (If no, explain in Remarks)
Are Vegetation , Soil significantly disturbed? (If yes, explain in Remarks)
Are Vegetation , Soil naturally problematic? (If yes, explain in Remarks)
SUMMARY OF FINDINGS – Attach site map and photograph log showing sampling locations, transects, etc
Wetland vegetation criterion met?Yes X No Yes X No
Hydric Soils criterion met?Yes X No
Wetlands hydrology present?Yes X No
Remarks, Photo Details, Flagging, etc.:
HYDROLOGY
Yes X No Depth (in)
Water Table Present?Yes X No Depth (in)
Saturation Present (including capillary fringe)?Yes X No Depth (in)
Wetland Hydrology Indicators
X X Direct observation of inundation
X Drainage patterns
X Drift lines
X Scoured areas
Sediment deposits
Surface soil cracks
Sparsely vegetated concave
(aerenchyma)roots surface
Microtopographic relief
X X Geographic position (depression,
toe of slope, fringing lowland)
Remarks (describe recorded data from stream gauge, monitoring well, aerial photos, previous inspections, if available):
regulatory provisions.
DOWNGRADIENT
Plants with floating leaves Woody plants with enlarged lenticels
Hydrogen sulfide odor
Secchi depth in pond = 68cm (26.8in.)
This form is only for BVW delineations. Other wetland resource areas may be present and should be delineated according to the applicable
Algal mats or crusts Water marks
Oxidized rhizospheres/pore linings Moss trim lines
Thin muck surfaces Presence of reduced iron
Plants with air-filled tissue Woody plants with adventitious
Plants with polymorphic leaves Trees with shallow root systems
0
Reliable Indicators of Wetlands Indicators that can be Reliable with Indicators of the Influence of Water
Water-stained leaves Hydrological records
Evidence of aquatic fauna Free water in a soil test hole
Iron deposits Saturated soil
, or Hydrology
, or Hydrology
Is the Sampled Area within a Wetland?
Field Observations:
Surface Water Present?0
0
Sampling Point GCB3
VEGETATION – Use both common and scientific names of plants.
Tree Stratum Plot size
% Dominant
1
2
3
4
5
6
7
8
9
=Total Cover
Shrub/Sapling Stratum Plot size
% Dominant
1 63.6%
2 18.2%
3 18.2%
4
5
6
7
8
9
=Total Cover
Herb Stratum Plot size
% Dominant
1 33.9%
2 33.9%
3 17.4%
4 5.0%
5 5.0%
6 5.0%
7
8
9
10
11
12
=Total Cover60.5%
Sensitive Fern Onoclea sensibilis FACW 3.0%X
American White Water-Lily Nymphaea odorata OBL 3.0%X
Eastern Marsh Fern Thelypteris palustris FACW 10.5%X
Sphagnum Moss Sphagnum L.OBL 3.0%X
Harlequin Blueflag Iris versicolor OBL 20.5% X X
Pickerelweed Pontederia cordata OBL 20.5% X X
16.5%
5'
Common Name Scientific name Indicator Absolute % Dominant? Wetland Indictor?
Common Privet Ligustrum vulgare FACU 3.0%
Highbush Blueberry Vaccinium corymbosum FACW 10.5% X X
American Holly Ilex opaca FACU 3.0%
0.0%
15'
Common Name Scientific name Indicator Absolute % Dominant? Wetland Indictor?
30'
Common Name Scientific name Indicator Absolute % Dominant? Wetland Indictor?
VEGETATION – continued.
Woody Vine Stratum Plot size
% Dominant
1
2
3
4
=Total Cover
Rapid Test:Do all dominant species have an indicator status of OBL or FACW?Yes X No
Yes X No
=
=
=
=
=
(B)
Prevalence Index B/A=Is the Prevalence Index ≤ 3.0?
Yes X No
Wetland vegetation criterion met?Yes X No
Definitions of Vegetation Strata
Tree Woody plants 3 in. (7.62 cm) or more in diameter at breast height (DBH), regardless of height
Shrub/Sapling Woody plants less than 3 in. (7.62 cm) DBH and greater than or equal to 3.3 ft. (1 m) tall
Herb All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.3 ft. (1 m) tall
Woody vines All woody vines greater than 3.3 ft. (1 m) in height
Midpoint
3.00%
10.50%
20.50%
38.00%
63.00%
85.50%
98.00%
15-25 %
26-50 %
51-75 %
76-95 %
96-100 %
Column Totals (A) 77%119%
1.55
Cover Ranges
Range
1-5 %
6-15 %
Prevalence Index:
OBL species
Total % Cover Multiply by:Result
47%x1 47%
FACW species 24%x2 48%
FAC species 0%x3 0%
FACU species 6%x4 24%
UPL species 0%x5 0%
0.0%
Dominance Test:Number of dominant species Number of dominant species that are Do wetland indicator plants make
3 3
30'
Common Name Scientific name Indicator Absolute % Dominant? Wetland Indictor?
Sampling Point GCB3
SOIL
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators)
%%Remarks
100
Hydric Soil Indicators (Check all that apply)Indicators for Problematic Hydric Soils
X Histosol (A1)Sandy Redox (S5)2 cm Muck (A10)
Histic Epipedon (A2)Stripped Matrix (S6)5 cm Mucky Peat or Peat (S3)
Black Histic (A3)Polyvalue Below Surface (S8)Dark Surface (S7)
Hydrogen Sulfide (A4)Thin Dark Surface (S9)Polyvalue Below Surface (S8)
Stratified Layers (A5)Loamy Mucky Mineral (F1)Thin Dark Surface (S9)
Depleted Below Dark Surface (A11)Loamy Gleyed Matrix (F2)Iron-Manganese Masses (F12)
Thick Dark Surface (A12)Depleted Matrix (F3)Mesic Spodic (A17)
Sandy Mucky Mineral (S1)Redox Dark Surface (F7)Red Parent Material (F21)
Sandy Gleyed Matrix (S4)Depleted Dark Surface (F8)Very Shallow Dark Surface (TF12)
Dark Surface (S7)Other (Include Explanation in Remarks)
Restrictive Layer (if observed)Type:Depth (inches):
Remarks
Hydric Soils criterion met?Yes X No
1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains 2Location: PL=Pore Lining, M=Matrix
Texture
0-16 10YR2/1 Muck
Depth Matrix Redox Features
(inches)Color (moist) Color (moist)Type1 Location2
9.8.2025
Notice of Intent
Rushy Marsh Farm Pond Dredge
1541 Main Street, Cotuit
September 9, 2025
TETRA TECH
Appendix B
Notice of Intent Plans
(11x17 Copies, Full Size
Plans Provided Separately)
Notice of Intent
Rushy Marsh Farm Pond Dredge
1541 Main Street, Cotuit
September 9, 2025
TETRA TECH
Appendix C
Abutter Notification
3,300.00
Conservation Notice of Intent (NOI) Abutter Map for Subject Parcel 017007
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.
138
Town of Barnstable
GIS Unit
275
8/8/2025
gis@town.barnstable.ma.us
Printed on:
0
ft.275
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 Parcel 017007
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
005066 PINQUICKSET COVE LLC 10 HUDSON YARDS 501 W 30TH ST 40TH FL NEW YORK 10001NY
006037001 CHRISTENSON, PHILIP 334 WAQUOIT ROAD COTUIT 02635MA
006037002 VOLLMER, PHILLIP MARK 314 WAQUOIT ROAD COTUIT 02635MA
006038 WALSH, ANN R TR ARW REALTY TRUST 8 JANICE ROAD CANTON 02021MA
006046 POWERS, ROBERT J & VERONICA A 760 POPONESSETT RD COTUIT 02635MA
006049 BARNSTABLE, TOWN OF (CON) CONSERVATION COMMISSION 230 SOUTH STREET HYANNIS 02601MA
006070 WALWORTH, BRYANT L JR &
CLAUDETTE S TRS
LEE & CLAUDETTE REVOC TRUST 290 WAQUOIT ROAD COTUIT 02635MA
006071 NATIVE LAND CONSERVANCY INC PO BOX 974 MASHPEE 02649MA
017006 BARNSTABLE, TOWN OF (MUN)367 MAIN STREET HYANNIS 02601MA
017007 NEW RUSHY MARSH REALTY LLC 10 HUDSON YARDS 501 W 30TH ST 40TH FL NEW YORK 10001NY
017008001 SNOWDEN, J BAYARD TR RMR NOMINEE TRUST 6363 POPLAR AVENUE
SUITE 220
MEMPHIS 38119TN
017014 NEW RUSHY MARSH REALTY LLC 10 HUDSON YARDS 501 W 30TH ST 40TH FL NEW YORK 10001NY
017015001 NISULA, DAVID J & ANNE B PO BOX 1400 COTUIT 02635MA
017020 HOPE, VICTORIA W PO BOX 526 COTUIT 02635MA
017023 PINQUICKSET COVE LLC 10 HUDSON YARDS C/O
WILLIAM F GRIFFIN JR
501 W 30TH ST 40TH
FLOOR
NEW YORK 10001NY
8/8/2025 1:03 PMReport Generated On:Page 1 of 3 33Total 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
017023 PINQUICKSET COVE LLC 10 HUDSON YARDS C/O
WILLIAM F GRIFFIN JR
501 W 30TH ST 40TH
FLOOR
NEW YORK 10001NY
017025 BUCKLEY, BARBARA J TR BJ REALTY TRUST PO BOX 184 COTUIT 02635MA
017026 PUZO, MICHAEL J TR THE J RAPP GRASSETTI TRUST PO BOX 1310 COTUIT 02635MA
017027 NEW RUSHY MARSH REALTY LLC 10 HUDSON YARDS 501 W 30TH ST 40TH FL NEW YORK 10001NY
018001 PAGLIUCA, JOSEPH & THERESA M 30 TAYLOR DRIVE UNIT
3004
READING 01867-4627MA
018003 MCELROY, ELEANOR M TR MCELROY REAL ESTATE TRUST PO BOX 1909 COTUIT 02635MA
018006 BALDWIN, KATHERINE THERESA &
RAYMOND FRANCIS
109 WAQUOIT ROAD
EAST
COTUIT 02635MA
018027 LUFF, ITALIA MARIA & TIMOTHY
JOHN TRS
ITALIA MARIA LUFF 2023 TRUST 6 SCHOOL STREET COTUIT 02635MA
018096004 ZIMBLER, BRIAN L & CHRISTINE B 14449 EAGLE BRANCH
DRIVE
NOKOMIS 34275FL
018106 NEW RUSHY MARSH REALTY LLC 10 HUDSON YARDS 501 W 30TH ST 40TH FL NEW YORK 10001NY
018107 NEW RUSHY MARSH REALTY LLC 10 HUDSON YARDS 501 W 30TH ST 40TH FL NEW YORK 10001NY
018108 NEW RUSHY MARSH REALTY LLC 1500 MAIN STREET COTUIT 02635MA
018115 BRAULIFOUX LLC 250 WAQUOIT ROAD COTUIT 02635MA
018116 DONOVAN, JOHN E & MARY P 245 WAQUOIT ROAD COTUIT 02635MA
018120 NEW RUSHY MARSH REALTY LLC 10 HUDSON YARDS 501 W 30TH ST 40TH FL NEW YORK 10001NY
018121 1411 MAIN STREET LLC C/O PAUL E GROVER 10
HUDSON YARDS
501 W 30TH ST 40TH FL NEW YORK 10001NY
8/8/2025 1:03 PMReport Generated On:Page 2 of 3 33Total 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
018129001 WALSH, KEVIN T & CASEY, LAUREN
E TRS
WALSH FAMILY OAK STREET
TRUST
69 REDNER ROAD MORRISTOWN 07960NJ
018129002 SCHMIDT, ELIZABETH M PO BOX 2065 COTUIT 02635MA
018129003 PIKE, BENJAMIN E 16 JILLIAN DR BOURNE 02532MA
8/8/2025 1:03 PMReport Generated On:Page 3 of 3 33Total 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:
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)
New Rushy Marsh Realty LLC
017 007
2025
Sean P. Reardon (Tetra Tech)
100 Nickerson Road
Marlborough, MA 01752
1541 Main Street (Cotuit)
September 9, 2025
6:30
10 07
Proposed pond dredgeing within an existing pond on a residential
lot. Work includes the dredging of approximately 750 cubic
yards of pond muck and sand.
Notice of Intent
Abutter Notification
To Whom It May Concern,
Please disregard the prior Abutter Notification Letter you received. This new Abutter
Notification supersedes the prior letter. The scheduled public hearing for the proposed
pond dredging at 1541 Main Street is to be on October 7th, at 6:30 PM.
Thank you,
Tetra Tech Team