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From: Reardon, Sean <sean.reardon@tetratech.com>
Sent: Wednesday, October 29, 2025 9:47 AM
To: Cavanaugh, Kimberly
Subject: Fw: SE003-6313
Follow Up Flag: Follow up
Flag Status: Flagged
Kim, not sure if the Commission was expecting a response but Amy Walkey from DEP got back to me regarding
the need, or actually lack thereof, for a water quality certification but I figured I'd pass it along anyway. We'll see
you next week.
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: Walkey, Amy (DEP) <Amy.Walkey@mass.gov>
Sent: Tuesday, October 28, 2025 4:30 PM
To: Reardon, Sean <sean.reardon@tetratech.com>
Subject: RE: SE003-6313
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Sounds good Sean, I believe it was noted it “may” be required.
Amy Walkey, Environmental Analyst
MassDEP Wetlands Program - SERO
20 Riverside Drive
Lakeville, MA
857-283-5930
From: Reardon, Sean <sean.reardon@tetratech.com>
Sent: Tuesday, October 28, 2025 3:44 PM
To: Walkey, Amy (DEP) <Amy.Walkey@mass.gov>; Deshais, Ken <Kenneth.Deshais@tetratech.com>
Subject: Re: SE003-6313
Hi Amy, I was wondering if you could share why you noted a water quality certification would be required for the
Rushy Marsh Farm Pond Dredge. We do not believe the pond is subject to federal jurisdiction given its isolation
from any other waters. Since no federal permit is needed there is no water quality certification required. Just
trying to close the loop.
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)
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From: Reardon, Sean <sean.reardon@tetratech.com>
Sent: Friday, October 3, 2025 12:26 PM
To: SERO_NOI@MassMail.state.ma.us <SERO_NOI@MassMail.state.ma.us>; amy.walkey@mass.gov
<amy.walkey@mass.gov>; Deshais, Ken <Kenneth.Deshais@tetratech.com>
Cc: sero_noi@state.ma.us <sero_noi@state.ma.us>; conserva on@town.barnstable.ma.us
<conserva on@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: 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)
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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>; conserva on@town.barnstable.ma.us <conserva on@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
You don't often get email from sero_noi@massmail.state.ma.us. Learn why this is important
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COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
SOUTHEAST REGIONAL OFFICE
20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700
Date: 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).
Regards,
for MassDEP,
(857)-283-5930
Amy.Walkey@mass.gov