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HomeMy WebLinkAbout20261316_NOI_Blair_277MillwayRoad Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 275, 277, & 295 Millway Road, Barnstable Millway Marina, Barnstable Harbor Notice of Intent Proposed Maintenance Dredging Town of Barnstable Conservation Commission March 2026 Prepared for: Henry Blair P.O. Box 657 Barnstable, MA 02630 BSC Job #50100.02 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 MARCH 16, 2026 www.bscgroup.com Town of Barnstable Conservation Department 367 Main Street Hyannis, MA 02601 Attn: Edwin Hoopes RE: Notice of Intent Application, Proposed Maintenance Dredging, Millway Marina, 275, 277, & 295 Millway Road, Barnstable, BSC Job #50100.02 Dear Mr. Hoopes and Members of the Conservation Commission, BSC Group, Inc. (BSC) is filing this Notice of Intent (NOI) on behalf of Henry Blair (the applicant) for a proposed project at Millway Marina located at 275, 277, and 295 Millway Road, Barnstable, Massachusetts (the Site). The proposed project involves maintenance dredging of Millway Marina and dewatering on Site. For more information, please refer to the attached Site Plans and Project Description. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Barnstable Wetlands Protection Bylaw. If you have any questions or require additional information, please contact BSC’s office at 508-778-8919. Sincerely, BSC Group, Inc. Paul Mancuso Associate, WPIT cc: MassDEP, Southeast Regional Office, 20 Riverside Drive, Lakeville, MA 02347 Henry Blair, P.O. Box 657, Barnstable, MA 02630 Division of Marine Fisheries. Southeast Marine Fisheries Station, 836 South Rodney French Blvd, New Bedford, MA 02744, Attn: Environmental Reviewer TABLE OF CONTENTS Item Attachment Barnstable Application Forms 1 WPA Form 3 - Notice of Intent Form 2 Project Description 3 Shellfish Survey Report 4 USGS Site Locus Map 5 FEMA Map 6 NHESP Priority & Estimated Habitat Map 7 Site Photographs 8 Abutter Information 9 Site Plans 10 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 Chap 707/rev. February 2025 Page 2 a. Contact the Conservation Division office at (508) 862-4093 regarding the docketing process, or see current schedule of Conservation Hearings and submission deadlines at: www.townofbarnstable.us/Conservation/ b. Provide a copy of the list of abutters within a 100 ft radius of the project parcel. c. Provide a copy of the Assessor’s Map indicating the parcel of the project site and showing the 100 ft radius of the project parcel. d. Provide a copy of the abutter notification letter. Use the form letter provided in our Abutter Notification Regulation (Chapter 706), available on the Conservation Division website. e. Email copies of the green return receipts, from the certified mailings to the abutters, as proof of notification . If any mailings are returned, email a copy of the entire envelope, indicating by postal service stamp the reason for return. You will retain the receipts afterwards, not the Conservation Division. f. I further certify under the penalties of perjury that all abutters were notified of the Notice of Intent Application, pursuant to the requirements of Chapter 237 of the General Ordinances of the Code of the Town of Barnstable. Notice must be made in writing by certified mail to all abutters within 100 ft of the property line of the project location. _______________________________________ Signature of Applicant or Representative Date 3. Field Staking: a. On or before Tuesday, @ 8:30 a.m., one week prior to the scheduled public hearing, have your project staked by a professional engineer or registered land surveyor showing all outside corners of all proposed structures and the continuous proposed “limit of work” line. b. Have a wetland scientist or other qualified professional flag all wetland resource areas on or within 100 ft of the work area. Make sure that the flags are sequentially numbered. c. Provide a project identification stake with bright painted top and applicant name and address, easily visible from the street approaching the site. 4. Legal Advertisement Fees: a. Conservation will submit the legal ad for publication in a local newspaper. The applicant or his/her agent is responsible for payment, by check (payable to the Town of Barnstable), at the hearing or by mail. The cost of the legal ad will be pre-calculated and posted on the hearing agenda prior to the hearing. 5. Minimum Documentation for a Complete Application: a. Provide a completely filled-out (in all parts) NOI application as locally adopted for the Town of Barnstable, including MassDEP Vegetated Wetland Field Data Form. Indicate Assessor’s map and parcel of the project, as well as the street or road address, and pertinent village (i.e., Hyannis, Centerville, Barnstable, etc). b. Provide two (2) original project plans, stamped in blue or red ink (wet stamp). Plans must be signed and dated by a Massachusetts licensed, professional engineer, land surveyor, architect or landscape architect (as applicable), and shall be drawn at a readable scale (1" = 20' preferred). For multi-acre sites, a second site plan, drawn at larger scale showing the entire site, should also be provided. 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. b. 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; Chap 707/rev. February 2025 Page 4 c. Provide seven (7) additional collated copies of the NOI (with folded plans and all pertinent data attached) to the Barnstable Conservation Division Office for distribution to, and review by, Conservation Commission members. Any supplementary documentation for administrative and commission review should be submitted as soon as possible prior to the scheduled public hearing.* d. Mail one (1) copy of the complete NOI with plan(s) to the Massachusetts Department of Environmental Protection (MassDEP) Southeast Regional Office, 20 Riverside Dr., Lakeville, MA 02347. Send MassDEP portion of filing fee to: MA Department of Environmental Protection, Box 4062, Boston, MA 02211. MassDEP also recommends applicants send their Notices of Intent by email to SERO_NOI@mass.gov. e. For roadway construction or repair projects, provid e one electronic copy of the NOI and plans to the Senior Project Manager Special Projects, c/o the Town of Barnstable Department of Public Works, 382 Falmouth Road, Hyannis, MA 02601. f. For coastal piers, dredging, coastal engineering structures or other coastal erosion control projects, provide two hard copies of the NOI and plans to the Shellfish Biologist, c/o Town of Barnstable Natural Resources, 1189 Phinney’s Ln., Centerville, MA 02632. In addition, email a (PDF) version to: 1) shellfishNOI@town.barnstable.ma.us. (Email must be sent the same day as submission to the Conservation Division); and 2) conservationprojects@town.barnstable.ma.us g. Also, for coastal piers, dredging, coastal engineering structures, provide two hard copies of the NOI and plans to the Harbormaster, c/o Town of Barnstable Marine and Environmental Affairs (MEA), 1189 Phinney’s Ln., Centerville, MA 02632. In addition, email a (PDF) version to: 1) harbormaster@town.barnstable.ma.us. (Email must be sent the same day as submission to the Conservation Division); and 2) conservationprojects@town.barnstable.ma.us Note: Please title the file for your NOI project as follows: a. Submission date, b. Last name of applicant, c. Map/parcel of property, e.g., 082316-Smith-076024. *Note: If a revised plan needs to be submitted prior to a hearing, please follow same instructions as 7. b. above (and submit to other entities as may be applicable). Plan revisions must be clearly noted and dated in the revision block. (The same individual who stamped the original plan must also stamp and sign the revised plan). Submitted this day of in the year in accordance with the Town of Barnstable “Regulation Governing Minimum Submission Requirements for a Notice of Intent Application” by: (Print Name) Owner / Applicant Signature Telephone Number Owner’s Authorized Agent Signature Telephone Number Approved: May 28, l997 Revised March 15, 2022 Revised: May 12, 2015 Revised February 5, 2025 Revised: August 23, with minor rev. Sept. 6, 2016 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 www.bscgroup.com Millway Marina 275, 277, & 295 Millway Road, Barnstable Directions to Site 1. Start at 230 South Street, Hyannis MA 02601. 2. Travel west on Main Street (0.1 miles) 3. Turn right onto High School Road Extension (0.2 miles) 4. Continue onto Bearses Way (1.8 miles) 5. Continue onto Iyannough Road (0.3 miles) 6. Turn onto Phinney’s Lane (1.3 miles) 7. Continue onto Hyannis-Barnstable Road (0.5 miles) 8. Continue onto Millway Road and arrive at destination. 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 Barnstable 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): 275, 277, & 295 Millway Road a. Street Address Barnstable b. City/Town 02630 c. Zip Code Latitude and Longitude: 41.707299 d. Latitude -70.299525 e. Longitude 301 f. Assessors Map/Plat Number 63_01, 62_02, 65_01 g. Parcel /Lot Number 2. Applicant: Henry a. First Name Blair b. Last Name c. Organization PO Box 657 d. Street Address Barnstable e. City/Town MA f. State 02630 g. Zip Code 508-362-2178 h. Phone Number i. Fax Number HenryBlair275@GMail.com j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner a. First Name b. Last Name Henry E Blair & Raymond M Murphy Trust c. Organization P.O. Box 657 d. Street Address Barnstable e. City/Town MA f. State 02630 g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Paul a. First Name Mancuso b. Last Name BSC Group, Inc. c. Company 349 Route 28, Unit D d. Street Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 508-778-8919 h. Phone Number i. Fax Number PMancuso@BSCGroup.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $1,450.00 a. Total Fee Paid $712.50 b. State Fee Paid $737.50 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 Barnstable City/Town A. General Information (continued) 6. General Project Description: The proposed project is maintenance dredging of Millway Marina. 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: Barnstable a. County 122055 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 Barnstable 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 Barnstable 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 10,400 1. square feet 1,200 cy dredge depth, 1,800 cy with 1' overdig 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 10,400 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 10,400 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 Barnstable 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 Phone: (508) 389-6360 2026 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 Barnstable 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 Barnstable 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 Barnstable 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. Plan to Accompany a Notice of Intent a. Plan Title BSC Group, Inc. b. Prepared By Dave Crispin, PE c. Signed and Stamped by 3/11/2026 d. Final Revision Date Varies 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: 1129 2. Municipal Check Number 3/10/2026 3. Check date 1130 4. State Check Number 3/10/2026 5. Check date Millway Realty Trust 6. Payor name on check: First Name 7. Payor name on check: Last Name 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: 275, 277, & 295 Millway Road a. Street Address Barnstable b. City/Town 1130 c. Check number $712.50 d. Fee amount 2. Applicant Mailing Address: Henry a. First Name Blair b. Last Name c. Organization PO Box 657 d. Mailing Address Barnstable e. City/Town MA f. State 02630 g. Zip Code 508-362-2178 h. Phone Number i. Fax Number HenryBlair275@GMail.com j. Email Address 3. Property Owner (if different): a. First Name b. Last Name Henry E Blair & Raymond M Murphy Trust c. Organization P.O. Box 657 d. Mailing Address Barnstable e. City/Town MA f. State 02630 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 Cat 4 Dredging 1 $1,450.00 $1,450.00 Town Bylaw Cat 4: $400.00 Step 5/Total Project Fee: $1,450.00 Step 6/Fee Payments: Total Project Fee: $1,450.00 a. Total Fee from Step 5 State share of filing Fee: $712.50 b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: $737.50 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.) Notice of Intent 275, 277, & 295 Millway Road Barnstable, MA 02630 PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project at 275, 277, and 295 Millway Road in Barnstable, MA (the Site) involves maintenance dredging of Millway Marina (the Project). This application is being submitted in accordance with the Town of Barnstable Wetlands Protection Bylaw (the Yarmouth Bylaw) and Massachusetts Wetlands Protection Act and associated regulations (the WPA). 2.0 SITE DESCRIPTION The property located at 275, 277, & 295 Millway Road in Barnstable functions as Millway Marina located on an inlet to Barnstable Harbor. The property is bordered by a public beach/parking lot to the north, residential neighborhood to the east, other waterfront businesses to the south, and an inlet of Barnstable Harbor to the west. The Site is located outside of the Barnstable Great Marsh Area of Environmental Concern. The jurisdictional wetland resource areas that are located on Site and are protected under the Barnstable Bylaw and the WPA include: • Coastal Bank • Coastal Beach • Land Containing Shellfish • Land Subject to Coastal Storm Flowage (LSCSF) FEMA Flood Zone AE elevation 12 and 14 • Land Under Ocean 3.0 PROPOSED ACTIVITIES The purpose of this application is to authorize the following proposed activities: Maintenance Dredge of Millway Marina: Pre-existing permits for dredging of Millway Marina have expired; OOC SE3-5626, Chap 91 Permit No. 14534, 401 Water Quality Certification Transmittal No. X275186, and ACOE File No. NAE-2005-10930. As such, the applicant is looking to re-permit maintenance dredging of the area beneath the floats at Millway Marina because sediment has accumulated within the marina. The footprint and dredge depths of proposed maintenance dredge project are the same as the previous permits. The proposed dredge area is 10,400 sf with a proposed dredge depth of -6.0 MLW with 1’ of overdig going down to-7.0 MLW. Based on current hydrographic survey of the dredge area, ~1,200 cy of material is proposed to be dredged to -6.0 MLW and a total of 1,800 cy of material is proposed to be dredged down to the pay depth of -7.0 MLW. The dredge material will be either dewatered on a barge or on Site within the Marina parking lot. If dewatering occurs on Site within the parking lot, the dewatering basin will be constructed of either concrete blocks, jersey barriers, sand berm, or other approved equivalent. Based on sediment sampling from previous dredge efforts the dredged material will be disposed of at an off-site upland disposal facility. A new round of sediment sampling will be completed to obtain a Water Quality Certification from DEP which will characterize the sediment and determine how and where it is disposed of. 4.0 PERFORMANCE STANDARDS The proposed work will occur within, Land Under Ocean, Coastal Beach, Land Containing Shellfish and Land Subject to Coastal Storm Flowage. Only a very small portion of the proposed dredge footprint is within the intertidal area recognized as Coastal Beach which lies directly seaward of the existing bulkhead. The Massachusetts Wetlands Protection Act (WPA) contains performance standards for work in Land Under Ocean, Land Containing Shellfish, and Coastal Beach but not for Land Subject to Coastal Storm Flowage. Below is a discussion of how the proposed work conforms to the WPA performance standards. 310 CMR 10.25 Land Under Ocean WHEN LAND UNDER THE OCEAN OR NEARSHORE AREAS OF LAND UNDER THE OCEAN ARE FOUND TO BE SIGNIFICANT TO THE PROTECTION OF MARINE FISHERIES, PROTECTION OF WILDLIFE HABITAT, STORM DAMAGE PREVENTION OR FLOOD CONTROL, 310 CMR 10.25(3) THROUGH (7) SHALL APPLY: (3) Improvement dredging for navigational purposes affecting land under the ocean shall be designed and carried out using the best available measures so as to minimize adverse effects on such interests caused by changes in: The proposed project does not include improvement dredging. As such this performance standard does not apply to the project. Notice of Intent 275, 277, & 295 Millway Road Barnstable, MA 02630 (4) Maintenance dredging for navigational purposes affecting land under the ocean shall be designed and carried out using the best available measures so as to minimize adverse effects on such interests caused by changes in marine productivity which will result from the suspension or transport of pollutants, increases in turbidity, the smothering of bottom organisms, the accumulation of pollutants by organisms, or the destruction of marine fisheries habitat or wildlife habitat. The proposed project involves maintenance dredging and will utilize best available measures to minimize adverse effects on such interests caused by changes in marine productivity which will result from the suspension or transport of pollutants, increases in turbidity, the smothering of bottom organisms, the accumulation of pollutants by organisms, or the destruction of marine fisheries habitat or wildlife habitat. Time-of-year (TOY) restrictions will be followed, and turbidity curtains can be used if necessary. (5) Projects not included in 310 CMR 10.25(3) or (4) which affect nearshore areas of land under the ocean shall not cause adverse effects by altering the bottom topography so as to increase storm damage or erosion of coastal beaches, coastal banks, coastal dunes, or salt marshes. The proposed project is included in 310 CMR 10.25 (4). As such this performance standard does not apply to the project. (6) Projects not included in 310 CMR 10.25(3) which affect land under the ocean shall if water -dependent be designed and constructed, using best available measures, so as to minimize adverse effects, and if non -water- dependent, have no adverse effects, on marine fisheries habitat or wildlife habitat caused by: (a) alterations in water circulation; (b) destruction of eelgrass (Zostera marina) or widgeon grass (Rupia maritina) beds; (c) alterations in the distribution of sediment grain size; (d) changes in water quality, including, but not limited to, other than natural fluctuations in the level of dissolved oxygen, temperature or turbidity, or the addition of pollutants; or (e) alterations of shallow submerged lands with high densities of polychaetes, mollusks or macrophytic algae. The proposed project will use best available measures to minimize adverse effects on marine fisheries habitat or wildlife habitat. These best available measures include following TOY restrictions and utilizing turbidity curtains during dredging, if requested by permitting authorities. (7) Notwithstanding the provisions of 310 CMR 10.25(3) through (6), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. The proposed project is not located within NHESP priority or estimated habitat of rare wildlife. As such, the project complies with this performance standard. 310 CMR 10.27 Coastal Beach WHEN A COASTAL BEACH IS DETERMINED TO BE SIGNIFICANT TO STORM DAMAGE PREVENTION, FLOOD CONTROL, OR PROTECTION OF WILDLIFE HABITAT, 310 CMR 10.27(3) THROUGH (7) SHALL APPLY: The area of coastal beach where dredging is proposed very small and is directly seaward of existing bulkhead. As such, that portion of coastal beach is not significant to storm damage prevention, flood control, or protection of wildlife habitat. The existing bulkhead at the Site and adjacent to the Site serve to prevent storm damage and control flooding. 310 CMR 10.34 Land Containing Shellfish WHEN A RESOURCE AREA, INCLUDING LAND UNDER THE OCEAN, TIDAL FLATS, ROCKY INTERTIDAL SHORES, SALT MARSHES, OR LAND UNDER SALT PONDS IS DETERMINED TO BE SIGNIFICANT TO THE PROTECTION OF LAND CONTAINING SHELLFISH AND THEREFORE TO THE PROTECTION OF MARINE FISHERIES, 310 CMR 10.34(4) THROUGH (8) SHALL APPLY: (4) Except as provided in 310 CMR 10.34(5), any project on land containing shellfish shall not adversely affect such land or marine fisheries by a change in the productivity of such land caused by: (a) alterations of water circulation; (b) alterations in relief elevation; (c) the compacting of sediment by vehicular traffic; Notice of Intent 275, 277, & 295 Millway Road Barnstable, MA 02630 (d) alterations in the distribution of sediment grain size; (e) alterations in natural drainage from adjacent land; or (f) changes in water quality, including, but not limited to, other than natural fluctuations in the levels of salinity, dissolved oxygen, nutrients, temperature or turbidity, or the addition of pollutants. The proposed project will not adversely affect land containing shellfish or marine fisheries. This is a maintenance dredge project which means this area has been dredged before. (5) Notwithstanding the provisions of 310 CMR 10.34(4), projects which temporarily have an adverse effect on shellfish productivity but which do not permanently destroy the habitat may be permitted if the land containing shellfish can and will be returned substantially to its former productivity in less than one year from the commencement of work, unless an extension of the Order of Conditions is granted, in which case such restoration shall be completed within one year of such extension. The proposed project is maintenance dredging of the existing Marina. After dredging is complete, the area of proposed work will continue to function as the same quality of shellfish habitat that currently exists at the Site. Maintenance dredging at this site takes place approximately once every 8-10 years. (6) In the case of land containing shellfish defined as significant in 310 CMR 10.34(3)(b) (i.e., those areas identified on the basis of maps and designations of the Shellfish Constable), except in Areas of Critical Environmental Concern, the issuing authority may, after consultation with the Shellfish Constable, permit the shellfish to be moved from such area under the guidelines of, and to a suitable location approved by, the Division of Marine Fisheries, in order to permit a proposed project on such land. Any such project shall not be commenced until after the moving and replanting of the shellfish have commenced. The proposed project is not located within an ACEC. The town of Barnstable does have shellfish maps on the town website, and the shellfish map for Barnstable Harbor does not indicate that the project area is valuable shellfish habitat. During BSC’s shellfish survey, only 1 Oyster was found within and adjacent to the dredge area. (7) Notwithstanding 310 CMR 10.34(4) through (6), projects approved by the Division of Marine Fisheries that are specifically intended to increase the productivity of land containing shellfish may be permitted. Aquaculture projects approved by the appropriate local and state authority may also be permitted. The proposed project is not intended to increase productivity of land containing shellfish. As such, this performance standard does not apply to the project. (8) Notwithstanding the provisions of 310 CMR 10.34(4) through (7), no project may be permitted which will have any adverse effect on specified habitat of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. The proposed project is not located within NHESP priority or estimated habitat of rare wildlife. As such, the project complies with this performance standard. 5.0 MITIGATION The proposed project is being reviewed by MA Division of Marine Fisheries and will likely include TOY restrictions for in-water work. The project will follow all TOY restrictions proposed. Silt curtains will be installed prior to dredging if necessary. If dewatering is completed on Site within the Marina parking lot, then all dewatering areas will be returned to their pre-existing conditions after dredged material has dewatered and been taken off Site. Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 December 15, 2025 Town of Barnstable Conservation Commission 367 Main Street Hyannis, MA 02601 Attn: Edwin Hoopes, Conservation Administrator RE: Shellfish Survey Memo: Millway Marina, 277 Millway Road, Barnstable, Massachusetts, Proposed Dredging, BSC Job #0050100.02 Dear Mr. Hoopes and Members of the Conservation Commission: BSC Group, Inc. is pleased to submit this Shellfish Survey Memo on behalf of our client, Henry Blair (owner of Millway Marina) for work proposed at Millway Marina, 277 Millway Road in Barnstable (the Site). This memo is being submitted in association with a NOI to re-permit maintenance dredging of the marina. On December 10th, 2025, Charles Agro and Conor Gilbertson, waterfront engineer and wetland scientist respectively of BSC Group (BSC) conducted a shellfish survey in the waters of Millway Marina between Blish Point Boat Ramp and adjacent building to the south- 277 Millway Road. The shellfish survey was conducted from a boat using a bull rake to reach substrate in deeper waters of dredging area as well as 50 feet from the impact area. The purpose of the survey was to evaluate shellfish habitat, shellfish species, and shellfish population density within the proposed project area, specifically the 50-foot offset area from the limits of the proposed dredge area. The sample area also covered 0.5 % of the total coverage of the project area. The Site is located on the western shoreline of the Barnstable Harbor, a tidal embayment of Cape Cod Bay, protected from bay conditions by the barrier beach of Sandy Neck. For this shellfish survey, 3' x 3' plots spaced roughly 20' apart were dug from Mean Low Water towards the center of the marina channel. This resulted in 25 excavated plots. The targeted survey area for excavations was limited to proposed dredging area and associated 50 foot offset required in the Town Bylaw. One living oyster and green crab were uncovered in the excavated plots. One quahog shell was found within the survey areas, with few empty oyster shells noted within the other survey plots. The table and figure below detail the shellfish survey observation and depict the area surveyed. Table 1 – Millway Marina Shellfish Survey Results Plot – Description Shellfish Substrate and Other Observations Transect 1 1A:MLW 0 Silty Sand 1B: 20’ seaward 0 (Moon Snail Shell) Silty Sand 1C: 40’ seaward 0 Silty Sand 1D: 60' seaward 0 Silty Sand/Muck 1E: 80' seaward 1 Oyster Silty Sand/Muck 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 Transect 2 2A:MLW 0 Silty Sand 2B: 20’ seaward 0 (Green Crab) Silty Sand 2C: 40’ seaward 0 Silty Sand 2D: 60' seaward 0 Silty Sand/Muck 2E: 80' seaward 0 Silty Sand/Muck Transect 3 3A:MLW 0 (Rocks & Seaweed) Silty Sand 3B: 20’ seaward 0 (Vegetation) Silty Sand 3C: 40’ seaward 0 (Seaweed) Silty Sand 3D: 60' seaward 0 Silty Sand/Muck 3E: 80' seaward 0 Silty Sand/Muck Transect 4 4A:MLW 0 (Rocks) Silty Sand 4B: 20' seaward 0 Silty Sand 4C: 40’ seaward 0 Silty Sand 4D: 60' seaward 0 Silty Sand/Muck 4E: 80' seaward 0 Silty Sand/Muck Transect 5 5A:MLW 0 (Rocks) Silty Sand 5B:20' seaward 0 Silty Sand 5C:40' seaward 0 Silty Sand 5D: 60' seaward 0 Silty Sand/Muck 5E: 80" seaward 0 Silty Sand/Muck TOTAL NUMBER OF OBSERVATION PLOTS = 25 TOTAL NUMBER OF QUAHOGS = 0 TOTAL NUMBER OF SOFT-SHELL CLAMS = 0 TOTAL NUMBER OF RAZOR CLAMS= 0 TOTAL NUMBER OF BAY SCALLOPS = 0 TOTAL NUMBER OF OYSTERS = 1 Figure 2: Approximate location of excavated plots. Pink line is the dredge prism, blue line is the 50ft offset, pink dots are the plots. 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 The shellfish survey did not indicate that a population of shellfish exists in the project area or the 50-foot offset area of the maintenance dredging area. As shown in the attached photo pages, most plots contained dense piles of sediment and rock. The sediment excavated from all plots within the survey area revealed muck and silty sandy substrate. These dense areas of muck, gravel, and stone further reduce shellfish habitat quality. These environmental factors are likely the cause of the low shellfish populations within this area. Due to the lack of living shellfish noted within the survey area, it is unlikely that the proposed project will result in negative impacts to Land Containing Shellfish, due to the low quality of the available habitat. The proposed dredging within the surveyed area is not expected to adversely affect shellfish habitat, as substrate conditions are already degraded and largely unsuitable for shellfish colonization. The proposed work will improve navigational access without introducing new fill or altering tida l flow patterns, and no significant change to existing benthic conditions is anticipated. Please let me know if you have any questions or require additional information at (508) 778 - 8919 or at mcreighton@bscgroup.com. Sincerely, BSC GROUP, INC. Matthew Creighton, PWS Sr. Associate | Sr. Project Manager | Sr. Ecologist cc: Millway Marina Barnstable Harbormaster Millway Marina Notice of Intent for Dredging Shellfish Survey Barnstable, MA December 10th, 2025 Photo #1: View of shellfish survey area and proposed dredging area at Millway Marina. Shellfish survey was conducted from a boat with the use of a bull rake. Facing Southeast. Photo Page 1 Photo #2: View of rocks, sediment, and green crab excavated at Plot 3A during shellfish survey at Millway Marina. Facing South. Millway Marina Notice of Intent for Dredging Shellfish Survey Barnstable, MA December 10th, 2025 Photo #3: View of rocks and sediment excavated at Plot 3E during shellfish survey at Millway Marina. . Facing Southeast. Photo Page 2 Photo #4: View of rock excavated at Plot 5A during shellfish survey at Millway Marina. Plots 1-5A were conducted during low tide with the use of waders and standard clam rake. Facing West. 70°18'0"W 70°18'0"W Document Path: P:\005010002\Ecology\Mapping\8.5x11_Portrait_Locus.mxdDate Saved: 1/7/2026 11:50:44 AM THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE Scale:MILLWAY MARINA275 MILLWAY ROADBARNSTABLE, MA USGS Site Locus Map(Page size: 8.5 X 11) 1 inch = 417 feet 0 230 460 Feet H 1:5,000 ,PROJECTLOCATION Service LayerCredits: Copyright:©2013 NationalGeographic Society,i-cubed kj kj kj kj MILLWAYC O M M E R C E R D FREEZER RDBARNSTABLE MILLWAY MARINA275 MILLWAY ROAD, BARNSTABLE THIS DOCUMENT IS INTENDED FOR GENERAL PLANNING & INFORMATION PURPOSES ONLY. ALL MEASUREMENTS & LOCATIONS ARE APPROXIMATE NHESP Map H File Loc ation : P:\00 5010 002 \Ec ology\Mapping \8.5x 11_Po rtrait_NHESP.mxdDate Sa ved : 1/7/2026 1 2:07:53 PM 0 40 80 Feet 1 inch = 80 feet Resource Areas Reviewed:NHESP Certified Vernal Pools; PotentialVernal Pools; NHESP Priority Habitats;NHESP Estimated Habitats; NHESPRestricted Data; Areas of CriticalEnvironmental Concern; MassDEPEelgrass Mapping Project; CZM ShellfishSuitability Areas; DMF DesignatedShelfish Growing Areas Scale:,PROJECTLOCATION LegendTown Boundary 1:956 National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or Depth Zone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Zone X Future Conditions 1% Annual Chance Flood Hazard Zone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to Levee Zone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood Hazard Zone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 1/7/2026 at 5:23 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 70°18'13"W 41°42'40"N 70°17'35"W 41°42'13"N Basemap Imagery Source: USGS National Map 2023 1,800.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcels 301063002, 301065001, 301063001 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. 75 Town of Barnstable GIS Unit 150 3/16/2026 gis@town.barnstable.ma.us Printed on: 0 ft.150 Subject Parcel Abutters 100 ft. Buffer ft. 1 inch = approx. Parcels Town Boundary Railroad Tracks Buildings Approx. Building Buildings Painted Lines Parking Lots Paved Unpaved Driveways Paved Unpaved Roads Paved Road Unpaved Road Bridge Paved Median Streams Marsh Water Bodies Conservation Notice of Intent (NOI) Abutter List for Subject Parcels 301063002, 301065001, 301063001 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 300026 MILLWAY MARINA INC PO BOX 322 BARNSTABLE 02630MA 300027 BARNSTABLE, TOWN OF (LDG)367 MAIN STREET HYANNIS 02601MA 301007 VENDITTI, PAUL S TR LHH REALTY TRUST PO BOX 558 BARNSTABLE 02630MA 301009 BARNSTABLE, TOWN OF (BCH)367 MAIN STREET HYANNIS 02601MA 301011 SAVARY, RICHARD & FARIA, OLGA TRS MILLWAY REALTY TRUST 776 SOUTH FRANKLIN STREET HOLBROOK 02343MA 301012 ELBAUM, DEBORAH A & DANIEL TRS DEBORAH A ELBAUM REV TR & DANIEL ELBAUM REV TRUST 25 SHERRIN ROAD NEWTON 02462MA 301013 COMER, SUSAN EACOTT TR SUSAN EACOTT COMER REV TRUST 294 MILLWAY BARNSTABLE 02630MA 301014 COMER, JOHN F & COMER, SUSAN EACOTT TRS JOHN F COMER REV TR & SUSAN EACOTT COMER REV TR 294 MILLWAY BARNSTABLE 02630MA 301015 TEAGUE, EDWARD B III TR FOUR TEAGUE TRUST 115 MAIN STREET YARMOUTH PORT 02675MA 301063001 BLAIR, HENRY E & MURPHY, RAYMOND M TRS MILL WAY REALTY TRUST P O BOX 657 BARNSTABLE 02630MA 301063002 BLAIR, HENRY E & MURPHY, RAYMOND M TRS MILL WAY REALTY TRUST P O BOX 657 BARNSTABLE 02630MA 301064 MASSACHUSETTS, COMMONWEALTH OF DEPT OF ENVIROMENTAL MGNT 100 CAMBRIDGE STREET BOSTON 02202MA 301065001 BLAIR, HENRY E & MURPHY, RAYMOND M TRS MILL WAY REALTY TRUST P O BOX 657 BARNSTABLE 02630MA 3/16/2026 10:16 AMReport Generated On:Page 1 of 1 13Total 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)