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
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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).
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Regards,
for MassDEP,
(857)-283-5930
Amy.Walkey@mass.gov
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