HomeMy WebLinkAbout071626-Robinson-351061NOTICE OF INTENT
APPLICATION
134 Ferry Street, South Grafton, MA 01560 / www.waterandwetland.com
888-493-8526 / info@waterandwetland.com
Proposed Implementation of an Aquatic
Management Program
Cove Lane Pond
Barnstable, MA
PREPARED FOR: Steve Robinson
4224 Main Street, Route 6A, Cummaquid, MA 02630
Contents
Pond/Site Description .......................................................................................................................................................2
Problem Statement/Background ......................................................................................................................................2
Ecological Restoration Goals .............................................................................................................................................3
Project Description ............................................................................................................................................................4
Sequence of Operations ................................................................................................................................................4
Permitting ......................................................................................................................................................................5
Aquatic Vegetation Surveys/Monitoring .......................................................................................................................5
Implementation of Integrated Management Program .....................................................................................................6
Herbicide/Algaecide/Treatment Information ....................................................................................................................7
Management Techniques Description ........................................................................................................................... 11
Alternatives Analysis ...................................................................................................................................................... 11
Estimated Habitats of Rare and Endangered Species .................................................................................................... 12
Impacts of the Proposed Management Plan Specific to the Wetlands Protection Act and Barnstable Wetlands
Protection Ordinance ..................................................................................................................................................... 13
Chapter 704 Buffer-Zone Compliance ............................................................................................................................ 15
Chapter 703 Private Docks and Piers ............................................................................................................................. 15
Abutter Notification ....................................................................................................................................................... 15
Forms and Fees .............................................................................................................................................................. 15
Best Management Practices / Company Protocols ........................................................................................................ 16
Water & Wetland Company Info .................................................................................................................................... 17
Request for Issuance of Order of Conditions ................................................................................................................. 17
Notice of Intent Application
Proposed Aquatic Management Program
Cove Lane Pond – Cummaquid, MA
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June 17, 2026
BY ELECTRONIC MAIL AND CERTIFIED MAIL
Barnstable Conservation Commission
200 Main Street
Hyannis, MA 02601
Attn: Edwin Hoopes, Conservation Administrator
Phone: (508) 862-4093
Email: edwin.hoopes@barnstable.gov
RE: Notice of Intent (NOI) application for the initiation of an Aquatic Management
Program at Cove Lane Pond, Cummaquid, Barnstable, Massachusetts
Dear Conservation Commission Members:
Water & Wetland has prepared the following Notice of Intent (NOI) application to meet the requirements of the
Massachusetts Wetlands Protection Act, M.G.L. c. 131, § 40, and its regulations at 310 CMR 10.00 et seq. (the “Act”), as
well as the Town of Barnstable Wetlands Protection Ordinance, Chapter 237, and applicable Barnstable Conservation
Commission regulations, including Chapter 703, Chapter 704, Chapter 706, and Chapter 707.
This filing has been prepared on behalf of Stephen Robinson, the “Applicant,” for the proposed aquatic management
program at Cove Lane Pond, located off Cove Lane in the village of Cummaquid, Town of Barnstable, Massachusetts. The
pond spans three abutting residential parcels (Assessor Parcel IDs 351_060, 351_054, and 351_061) and is shared by
the associated property owners. The pond is approximately 0.49 surface acres, with an estimated average depth of
approximately 3 feet and a maximum depth of approximately 5 feet. A USGS-mapped perennial stream flows into the
pond through a 12-inch culvert beneath Cove Lane at the western edge of the pond, and flow was observed at the time
of the resource-area delineation. The principal management concerns are excessive algae and nuisance-level growth of
native aquatic vegetation, primarily thin-leaf pondweed.
The Applicant is seeking approval to implement a monitoring-based Aquatic Management Program at Cove Lane Pond.
The proposed project has been filed as an Ecological Restoration Limited Project under 310 CMR 10.53(4) and will
protect the interests of the Wetlands Protection Act by removing nuisance-density aquatic vegetation and algae to
impede eutrophication, restore ecological balance, improve water quality, and maintain fish and wildlife habitat. The
project's purpose is not to eradicate aquatic vegetation but to control nuisance-level densities that are accelerating
eutrophication and degrading the resource area. No dredging, filling, grading, shoreline construction, drawdown, new
stormwater discharge, new impervious surface, structural alteration, dock work, pier work, or buffer-zone hardscape or
landscape alteration is proposed.
This narrative is attached to WPA Form 3 and, consistent with Barnstable Chapter 707, describes the project’s impacts
and proposed mitigation as they relate to: (1) the interests of Chapter 237 of the General Ordinances and the
Massachusetts Wetlands Protection Act, M.G.L. c. 131, § 40; (2) the performance standards of the Massachusetts
Wetlands Protection Regulations, 310 CMR 10.00; (3) Chapter 704, governing activity in the 100-foot buffer zone; (4)
Chapter 703, governing private docks and piers; and (5) any other applicable regulations under 310 CMR 10.00 or
promulgated under Chapter 237.
Notice of Intent Application
Proposed Aquatic Management Program
Cove Lane Pond – Cummaquid, MA
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Pond/Site Description
Cove Lane Pond is an approximately 0.49-acre freshwater pond located in the village
of Cummaquid within the Town of Barnstable, Massachusetts. The pond spans three
abutting residential parcels (Assessor Parcel IDs 351_060, 351_054, and
351_061) and is shared by the associated property owners. Based on survey
information provided for this filing, the pond has an estimated average depth of
approximately 3 feet and a maximum depth of approximately 5 feet.
A formal wetland resource-area delineation of the site was completed by Goddard
Consulting, LLC in late May 2026. The delineation identified defined Bank around the
pond (flag series B1–B21) and three Bordering Vegetated Wetlands: the A-series
(A1–A10) along the southwestern edge of the pond, the C-series (C1–C7) along the
northeastern edge, and the D-series (D1–D3) along the southeastern edge. Land
Under Water Bodies and Waterways is present beneath the open water of the pond
and the contributing stream. A USGS-mapped perennial stream flows into the pond through a 12-inch culvert
beneath Cove Lane at the western edge of the pond, with a second culvert on the eastern side of Cove Lane; flow
into the pond was observed at the time of the delineation. The 100-foot buffer zone is cast by the Bank and the
delineated BVWs. These resource areas are shown on the supporting resource-area mapping submitted with this
NOI.
The pond is surrounded primarily by residential land use, including lawn areas, landscaped areas, and existing
residential development, with wooded wetland and upland margins along the pond edges. The pond functions as
a freshwater surface water body. The site is not located within NHESP Priority or Estimated Habitat of Rare Species,
is not within an Area of Critical Environmental Concern or Outstanding Resource Waters area, and is not within a
mapped FEMA flood zone. The pond is mapped as a Potential Vernal Pool; this designation was field-investigated
during the delineation and the pond was determined not to meet the state criteria for a vernal pool, as discussed
further below.
The pond is shallow, which makes it particularly susceptible to rapid warming, nuisance algae growth, dissolved
oxygen fluctuations, and seasonal expansion of rooted aquatic vegetation. Shallow ponds have a high proportion
of bottom area exposed to sunlight and can therefore support rooted plant and benthic algae growth over much
of the basin when nutrients and other conditions are favorable. In small, shallow ponds, decomposition of excess
vegetation and algae can also contribute to dissolved oxygen stress, particularly during warm weather and calm
conditions.
No new access road, staging pad, equipment storage area, hardscape, impervious surface, dock, pier, wall, or
shoreline stabilization is proposed. Access for survey and treatment activities will occur from existing developed
residential access areas only, with permission from the property owners. No vegetation clearing or expansion of
access is proposed.
Problem Statement/Background
Cove Lane Pond is experiencing nuisance conditions associated with excessive algae and dense native aquatic
vegetation, primarily thin-leaf pondweed. Thin-leaf pondweed is a native aquatic plant that provides important
–
Photo 1: Aerial image of Cove Lane
Pond, outlined in black.
Notice of Intent Application
Proposed Aquatic Management Program
Cove Lane Pond – Cummaquid, MA
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ecological functions when present at balanced densities, including habitat for aquatic organisms, cover for fish and
wildlife, oxygen production during daylight hours, sediment stabilization, and nutrient uptake. However, when
native pondweeds become overly dense in a small, shallow pond, they can reduce open-water habitat, impair
aesthetic and passive recreational use, restrict water circulation, contribute to organic sediment accumulation,
and increase seasonal dissolved oxygen variability.
Excessive algae is also a primary concern at Cove Lane Pond. Dense algae can
reduce visual quality, contribute to odors, interfere with pond use and
enjoyment, and contribute to low dissolved oxygen during nighttime
respiration and decomposition events. If cyanobacteria are present,
nuisance blooms may also raise public health and pet-safety concerns.
Formal water-quality and algae sampling will be conducted as part of the
management program before final treatment recommendations are made;
existing algae conditions are therefore treated as field-observed nuisance
conditions until laboratory data are collected and reviewed.
The small size and shallow depth of Cove Lane Pond make it particularly vulnerable to nuisance algae and plant
growth. With an estimated average depth of 3 feet and a maximum depth of 5 feet, much or all of the pond bottom
may support rooted plant growth during the growing season. Small ponds can also respond quickly to nutrient
inputs from surrounding residential landscapes, stormwater sheet flow, organic debris, waterfowl activity,
decaying vegetation, internal nutrient cycling, and inflow from the contributing perennial stream.
Vegetation is key to a healthy ecosystem, and the objective of this program is not the eradication of aquatic
vegetation. Water & Wetland recommends management only when vegetation is either non-native invasive or
native vegetation that has reached densities that are unhealthy to the ecosystem, otherwise referred to as
nuisance levels. At Cove Lane Pond, thin-leaf pondweed and algae have reached nuisance densities that are
accelerating eutrophication: dense growth reduces open-water habitat, drives organic loading as the excess
biomass decomposes each year, and contributes to dissolved oxygen swings that degrade water quality and wildlife
habitat. It is the excessive density of this growth, rather than the presence of the native plant itself, that constitutes
the nuisance. The management objective is therefore to selectively reduce these nuisance densities and impede
eutrophication while preserving enough native aquatic vegetation to maintain habitat function, support wildlife
use, stabilize sediments, and restore the pond's ecological balance.
Based on the currently known conditions, management is warranted to impede eutrophication by reducing
nuisance algae and excessive rooted plant biomass, preserving open-water function, reducing organic loading from
annual plant and algae die-off, and maintaining long-term water quality and habitat value. The conditions
described above are not conducive to a healthy aquatic ecosystem and require management to improve water
quality and habitat. Accordingly, the project proposes to initiate an Aquatic Management Program to improve the
ecological function and value of Cove Lane Pond. The following information provides a detailed description of the
wetland resource areas within the project area and the key project elements.
Ecological Restoration Goals
The ecological restoration goals of this project, consistent with its filing as an Ecological Restoration Limited Project
Photo 2: Cove Lane Pond Algae and Pondweed
Buildup
Notice of Intent Application
Proposed Aquatic Management Program
Cove Lane Pond – Cummaquid, MA
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under 310 CMR 10.53(4), are to impede the eutrophication of Cove Lane Pond and to restore and improve the
habitat value and ecological function of the resource area. Specifically, the program is designed to: (1) reduce the
nuisance-level density of native thin-leaf pondweed and other rooted vegetation to restore open-water habitat
and balanced plant community structure; (2) reduce nuisance algae, including the risk of cyanobacteria blooms,
to protect water quality; (3) reduce the organic loading and sediment accumulation caused by the annual die-off
and decomposition of excess biomass, which currently accelerates eutrophication; (4) reduce the frequency and
severity of dissolved oxygen swings that degrade water quality and wildlife habitat; and (5) preserve sufficient
native aquatic vegetation to maintain habitat function, support wildlife use, and stabilize sediments. The objective
is to control nuisance densities and restore ecological balance, not to eradicate aquatic vegetation. Improved
aesthetic and passive-use conditions, while a foreseeable result, are incidental to these ecological goals and are
not the basis for the program.
Project Description
The proposed implementation of an Aquatic Management Program for Cove Lane Pond includes the following
elements:
1.Implementation of an integrated management program centered around monitoring. The program will
include selective aquatic plant and algae management based on pre- and post-management monitoring
reports. This may include treatment of nuisance vegetation or algae growth with EPA/MA-registered
aquatic herbicides and algaecides, and manual management as dictated by distribution and density.
2.Selective management of nuisance native aquatic vegetation. Where thin-leaf pondweed or other native
aquatic vegetation reaches nuisance densities, management may include hand removal or selective
herbicide treatment if warranted and approved.
3.Algae monitoring and contingency treatment. Algae will be monitored through visual observation, Secchi
depth, dissolved oxygen readings, and laboratory analysis where warranted. If nuisance algae or
cyanobacteria conditions are documented, a copper-based algaecide may be used if appropriate and
approved.
4.Shoreline and watershed best management practices. Recommendations will be provided to the property
owners regarding fertilizer reduction, vegetated buffer maintenance, reduction of organic debris inputs,
and landscape practices that reduce nutrient loading.
5.Annual reporting and adaptive management. A brief annual summary will be prepared following any
management year to document survey findings, water-quality conditions, treatment actions, treatment
response, and recommendations for the following season.
Sequence of Operations
The program will be implemented in the following sequence each management year: (1) a pre-management survey
and water-quality and algae sampling will be conducted to document baseline conditions and the density and
distribution of nuisance vegetation and algae; (2) survey results will be evaluated to determine whether
management is warranted and, if so, to select the least disruptive practicable method, treatment timing, and
treatment area; (3) where treatment is warranted, the shoreline will be posted with any required temporary water-
use restrictions in advance of treatment; (4) selective hand-pulling and/or selective herbicide or algaecide
treatment will be performed by a Massachusetts-licensed applicator in accordance with the product label, the
Notice of Intent Application
Proposed Aquatic Management Program
Cove Lane Pond – Cummaquid, MA
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WM04 permit, and the Order of Conditions, with no more than 50% of the waterbody treated with a contact
product at any one time; (5) a post-management inspection will be conducted to document treatment response,
non-target impacts, water clarity, plant regrowth, and algae conditions; and (6) an annual summary will be
prepared and watershed best management practices will be recommended to the property owners. No permanent
alteration of any resource area is proposed at any step; all activity occurs within the existing pond and from existing
access areas. The temporary and permanent limits of any resource-area alteration are shown on the resource-area
mapping submitted with this NOI.
Maintenance will be performed over the course of several years and will take an integrated approach, as is always
the case with pond and lake management. No significant alteration to the wetland resource areas will occur as a
result of the proposed Aquatic Management Program; instead, the resource areas will be enhanced by controlling
nuisance-level densities of native vegetation and dense or potentially harmful algae growth rather than by
removing the native vegetation itself. This will subsequently improve water quality and wildlife habitat and impede
eutrophication. No dredging, filling, hydro-raking, structural work, grading, shoreline construction, new
impervious surface, drawdown, stormwater-system alteration, dock work, or pier work is proposed. No permanent
work is proposed outside the existing pond and existing access areas, except for routine monitoring, shoreline
observations, and temporary posting required by permit conditions.
Permitting
Following issuance of an Order of Conditions by the Barnstable Conservation Commission, Water & Wetland will
prepare and submit the required State Pesticide Use Permit (WM04 License to Apply Chemicals in State Waters)
application to the Massachusetts Department of Environmental Protection prior to any chemical treatment. The
WM04 application will include the required forms, maps, treatment information, product information, and project
description.
No chemical treatment will occur unless and until all required local and state approvals are in effect, the applicable
WM04 permit has been issued, and any special conditions imposed by the Barnstable Conservation Commission
and MassDEP have been satisfied. All chemical applications will be performed by Massachusetts-certified and
licensed applicators and will be conducted in strict accordance with product labels, the WM04 permit, the Order
of Conditions, and any special conditions.
Because Barnstable’s ordinance defines “alter” to include the application of pesticides or herbicides and changes
to the physical or chemical characteristics of water, the proposed in-water management activities are treated as
jurisdictional work under Chapter 237 even though no grading, filling, or construction is proposed. This narrative
accordingly addresses potential impacts to protected wetland values and provides avoidance and minimization
measures for the proposed activities.
Aquatic Vegetation Surveys/Monitoring
Prior to management, Water & Wetland will conduct a pre-management survey of Cove Lane Pond. The survey
will be conducted from shore, by wading where safe and appropriate, or by small hand-launched boat or kayak if
access and site conditions allow. The survey will include visual observation, rake-toss sampling where feasible, and
GPS mapping of nuisance aquatic vegetation and algae distribution. The survey will document dominant aquatic
plant species; density and distribution of thin-leaf pondweed and other rooted vegetation; approximate percent
cover of algae and nuisance vegetation; open-water areas; water depth; the presence or absence of inlet and
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Proposed Aquatic Management Program
Cove Lane Pond – Cummaquid, MA
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outlet features; shoreline and buffer condition; evidence of wildlife use; locations suitable for temporary treatment
posting; and locations where access can occur without disturbance.
Water & Wetland’s standard monitoring includes basic water-quality measurements such as temperature,
dissolved oxygen, and Secchi disk clarity. Because Cove Lane Pond is shallow, dissolved oxygen may be collected at
multiple locations and, where feasible, at surface and near-bottom depths to evaluate oxygen variability. Where
algae management is being considered, formal water-quality and algae sampling will be performed before final
product selection, treatment timing, and treatment area are confirmed. Copper product selection and dosing will
specifically consider alkalinity, hardness, suspended solids, water temperature, and algae type, because copper
effectiveness depends on these water-chemistry and site conditions.
Following any management, Water & Wetland will conduct a post-management inspection to document treatment
response, non-target impacts, water clarity, plant regrowth, algae conditions, and recommendations for future
management.
Implementation of Integrated Management Program
Following the field survey, an alternatives analysis was conducted to determine the best approach to management
of Cove Lane Pond. The preferred approach is a monitoring-based, adaptive program that relies on the least
disruptive practicable method appropriate to the documented conditions. Mechanical removal with machines
such as a mechanical harvester or hydro-rake is not practical at a pond of this size and would disturb sediments,
increase turbidity, release nutrients, and impair wildlife habitat without providing meaningful control of the target
species. Stocking of triploid grass carp was considered; however, grass carp are prohibited in Massachusetts.
Benthic mats shade sunlight and can control vegetation in small areas but are non-selective, costly, and require
maintenance, making them suitable only for small swim or access areas rather than waterbody-wide management.
Manual control, such as hand-pulling and hand-raking, is appropriate for small, localized areas of nuisance growth
and is incorporated into the multi-year program. However, manual methods become difficult, time consuming,
and cost prohibitive as areas exte nd beyond small patches or beyond sparse-to-moderate density, and broad-scale
raking can disturb sediments and increase turbidity. For that reason, manual methods will be used selectively and
not as a broad-scale bottom-disturbing activity.
Based on the above analysis, the use of EPA/MA-approved aquatic
herbicides and algaecides, applied selectively and only when
warranted, is the most effective and cost-effective approach for
reducing nuisance densities and impeding eutrophication at Cove
Lane Pond while preserving native vegetation and habitat. The
program is designed to control, not eradicate, aquatic vegetation.
Because the current known targets at Cove Lane Pond are nuisance
algae and native thin-leaf pondweed rather than a lake-wide
infestation of invasive submersed vegetation, the primary requested
tools are a contact herbicide (diquat dibromide) for nuisance
submersed vegetation and a copper-based algaecide for nuisance
algae. Additional EPA/MA-approved herbicides (fluridone, flumioxazin, and imazamox) are also requested as
Photo 3: Water and Wetland conducting a treatment
using an airboat.
Notice of Intent Application
Proposed Aquatic Management Program
Cove Lane Pond – Cummaquid, MA
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contingency tools for future years of the program, to be used only if annual surveys document invasive species
such as fanwort, variable milfoil, or water chestnut. Treatment will be conservative and targeted, and no more
than half of the waterbody will be treated with a contact product at any one time.
Herbicide/Algaecide/Treatment Information
The following products are requested for use during the term of the multi-year management program. Inclusion
of a product does not mean it will be used in any given year. Products will be used only if supported by survey
results, formal sampling where appropriate, WM04 approval, product-label requirements, and Conservation
Commission conditions.
Hand-Pulling
Hand-pulling utilizes a diver or snorkeler to selectively remove target plants on an individual basis. For Cove Lane
Pond, this method is anticipated primarily for small infestations, if applicable. This may include pilot infestations
of species or management of regrowth following a systemic herbicide treatment.
Impacts Specific to the Wetlands Protection Act using Hand-Pulling1
•Protection of public and private water supply – Generally neutral (no significant interaction)
•Protection of groundwater supply – Generally neutral (no significant interaction)
•Flood control – Generally neutral (no significant interaction)
•Storm damage prevention – Generally neutral (no significant interaction)
•Prevention of pollution – Generally neutral (no significant interaction), but could be a detriment if
sediment disruption and resultant turbidity are high
•Protection of fisheries – Generally neutral (no significant interaction), unless a very large effort is
undertaken, in which case there may be benefits and detriments
•Protection of wildlife habitat – Generally neutral at expected scale of operation, but may have benefit and
detriment to different species in same pond from same effort
1Commonwealth of Massachusetts Executive Office of Environmental Affairs. Practical Guide to Lake Management: 2004. 103 p
Diquat (Alligare Diquat - EPA # 81927-35 or equivalent)
Diquat (Alligare Diquat, Tribune, or equivalent) is a contact herbicide commonly used for spot or partial pond
applications due to its rapid mode of action and short herbicide concentration exposure-time requirements. The
USEPA/Massachusetts-registered herbicide diquat dibromide is proposed for management of pondweeds and
bladderwort in areas where growth extends beyond what can be reasonably managed through hand-pulling.
Diquat would be used within label rates and an application rate of 1 - 2 gallons per surface acre is anticipated, if
necessary. All diquat applications will be based on annual surveys.
Temporary water- use restrictions for diquat: 1) No drinking or cooking for 3 days. 2) No irrigation of turf for 3 days.
3)No irrigation of food crops for 5 days. 4) No livestock watering for 1 day. There are no restrictions on swimming,
boating, or fishing. The shoreline of the pond will be posted with signs warning of these temporary water-use
restrictions, prior to treatment. Diquat is translocated to some extent within the plant. Its rapid action tends to
disrupt the leaf cuticle of plants and acts by interfering with photosynthesis. Upon contact with the soil, it is
absorbed immediately and thereby biologically inactive.
Notice of Intent Application
Proposed Aquatic Management Program
Cove Lane Pond – Cummaquid, MA
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Impacts Specific to the Wetlands Protection Act using Diquat2
•Protection of public and private water supply – Benefit (water quality improvement)
•Protection of groundwater supply – Neutral; no interaction as diquat is absorbed to soil particles
•Flood control - Neutral (no significant interaction)
•Storm damage prevention – Neutral (no significant interaction)
•Prevention of pollution – Generally neutral (no significant interaction), but could be a detriment if plant
die-off causes low oxygen at the bottom of the pond
•Protection of fisheries - Possible benefit (habitat enhancement) and possible detriment (food source
alteration, loss of cover)
•Protection of wildlife habitat – Possible benefit (habitat enhancement) and possible detriment (food
source alteration, loss of cover)
2Commonwealth of Massachusetts Executive Office of Environmental Affairs. Practical Guide to Lake Management: 2004. 124 p.
Copper-Based Algaecides (Argos– EPA # 81927-53, SeClear – EPA # 67690-55, or equivalent)
Copper-based algaecides (Argos, SeClear, EarthTec, copper sulfate, or equivalent) are requested and will be utilized
as dictated by monitoring/sampling. These types of algaecides are regularly used throughout Massachusetts,
including in drinking water reservoirs. There are no water-use restrictions associated with copper-based
algaecides, even in drinking water. The concentrated liquid algaecides are first diluted with pond water and are
then distributed throughout the pond area. The application rate is generally 0.2 ppm, but generally much less for
algae control. When applied, the treatment area will be limited to 50% of the waterbody volume, as required per
label. In the case that a whole-pond application is needed, 50% of the waterbody will be treated and a follow-up
application to the remaining portion of the waterbody will be initiated 14 days later.
Impacts Specific to the Wetlands Protection Act using Copper algaecides3
•Protection of public and private water supply – Benefit (used to control algae)
•Protection of groundwater supply – Neutral (no significant interaction)
•Flood control - Neutral (no significant interaction)
•Storm damage prevention – Neutral (no significant interaction)
•Prevention of pollution - Generally neutral (no significant interaction), but could be a detriment if
algae/plant die-off causes low oxygen at the bottom of the pond or causes release of taste and odor
compounds or toxins
•Protection of fisheries - Possible benefit (habitat enhancement) and possible detriment (food source
alteration, direct toxicity)
•Protection of wildlife habitat – Possible benefit (habitat enhancement) and possible detriment (food
source alteration, direct toxicity)
3Commonwealth of Massachusetts Executive Office of Environmental Affairs. Practical Guide to Lake Management: 2004. 122 p.
The following three products are requested as contingency tools for the multi-year program. They are not proposed
for current use and would be applied only if future annual surveys document the invasive or nuisance species they
target.
Fluridone (Sonar – EPA # 67690-4 or equivalent)
Fluridone is a systemic herbicide that offers multi-year control of several species of invasive aquatic vegetation,
Notice of Intent Application
Proposed Aquatic Management Program
Cove Lane Pond – Cummaquid, MA
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including fanwort and variable watermilfoil. Sonar is the most common brand name of fluridone herbicide and is
an aquatic herbicide that was initially registered with the Environmental Protection Agency (EPA) in 1986 and has
been used throughout Massachusetts and the United States for decades. The herbicide inhibits the photosynthesis
process by stopping plants from making a protective pigment that keeps chlorophyll from breaking down in
sunlight. Fluridone moves quickly throughout a waterbody and is therefore usually applied as a whole-pond
treatment. Fluridone requires an extended contact time, typically 45 or more days, until target plant mortality is
achieved.
Fluridone, when applied at recommended dosages, is generally viewed as having one of the most environmentally
favorable toxicology profiles among products currently on the market. The U.S. EPA has approved a limit of 150
ppb in water used for drinking. Ideally, fluridone treatments are initiated early in the growing season when target
vegetation is low or beginning to emerge. Both liquid and granular formulations of fluridone herbicide are available
and requested under this management plan. The fluridone label restricts usage within one-quarter mile of a
potable water intake and prohibits use of treated water for irrigation purposes within 30 days of application. There
are no labeled restrictions on swimming, boating, or fishing. The shoreline of the pond will be posted with brightly
colored signs warning of temporary water-use restrictions prior to treatment.
Impacts Specific to the Wetlands Protection Act using Fluridone4
•Protection of public and private water supply – Generally neutral, but may have detriment at high doses
(prohibition within 0.25 mile of drinking water intakes at doses greater than 20 ppb)
•Protection of groundwater supply – Generally neutral (no significant interaction)
•Flood control – Neutral (no significant interaction)
•Storm damage prevention – Neutral (no significant interaction)
•Prevention of pollution – Generally neutral (no significant interaction)
•Protection of fisheries - Possible benefit (habitat enhancement) and possible detriment (food source
alteration, loss of cover)
•Protection of wildlife habitat – Possible benefit (habitat enhancement) and possible detriment (food
source alteration, loss of cover)
4Commonwealth of Massachusetts Executive Office of Environmental Affairs. Practical Guide to Lake Management: 2004. 132 p
Flumioxazin (Flumigard SC - EPA # 81927-78 or equivalent)
Flumioxazin (Flumigard SC or equivalent) is EPA/Massachusetts approved and is one of only two approved
herbicides that can effectively control fanwort. The other herbicide, fluridone (Sonar), is a systemic herbicide
geared mostly towards whole-waterbody applications. Flumigard SC is not actively needed in Cove Lane Pond but
would be utilized in Cove Lane Pond if fanwort becomes an issue. This would only be applied to areas beyond what
can be reasonably controlled through hand-pulling. Flumigard SC also aids in management of variable milfoil.
Flumioxazin herbicide is classified as a PPO (Protoporphyrinogen oxidase) inhibitor that initiates cell membrane
disruption, providing control of a broad range of susceptible plants. Flumioxazin works extremely quickly and
provides effective seasonal control of target plant species. Another benefit to flumioxazin is that it has a very short
half-life, so it is well-suited for spot/site-specific treatments.
Impacts Specific to the Wetlands Protection Act using Flumioxazin
•Protection of public and private water supply – Benefit (water quality improvement)
•Protection of groundwater supply – Neutral; no interaction as flumioxazin has a low leaching potential
•Flood control - Neutral (no significant interaction)
•Storm damage prevention – Neutral (no significant interaction)
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Proposed Aquatic Management Program
Cove Lane Pond – Cummaquid, MA
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•Prevention of pollution – Generally neutral (no significant interaction), but could be a detriment if plant
die-off causes low oxygen at the bottom of the pond
•Protection of fisheries - Possible benefit (habitat enhancement) and possible detriment (food source
alteration, loss of cover)
•Protection of wildlife habitat – Possible benefit (habitat enhancement) and possible detriment (food
source alteration, loss of cover)
Imazamox (IMOX – EPA # 81927-66 or equivalent)
Imazamox may be used to control invasive water chestnut (Trapa natans) and other listed susceptible aquatic
vegetation within the project area, based on annual survey results. Imazamox is labeled for use at aquatic sites,
including ponds, lakes, reservoirs, and wetlands, and may be applied either to the water (in-water application) or
as a foliar application to emergent/floating vegetation, depending on target species, growth stage, and
management objectives. For aquatic applications, imazamox may be applied to achieve a target water
concentration up to 500 ppb (maximum labeled concentration), with the final target concentration and treatment
footprint determined by survey data, treatment goals, and site conditions, including average water depth and
water movement. Multiple applications may occur within a growing season if necessary to maintain desired
vegetation response, with a minimum retreatment interval of 14 days for water and foliar broadcast applications.
Imazamox is a systemic herbicide in the imidazolinone class (Group 2) that inhibits the ALS (acetolactate synthase)
enzyme. It is absorbed and translocated through plant foliage and/or roots, causing growth inhibition followed by
discoloration and plant death or severe suppression. Performance is optimized when applied to actively growing
plants early in development. For foliar applications to emergent and/or floating vegetation, the imazamox label
requires use of an aquatic-appropriate adjuvant. A nonionic surfactant may be used (typical label rate presented
as percent v/v), or methylated seed oil (MSO) may be used as an alternative, including use rates described on the
label (e.g., percent v/v for higher spray volumes).
Water-use restrictions: Imazamox has no restrictions for swimming, fishing, livestock watering, domestic use, or
agricultural sprays. However, the label includes irrigation restrictions that are concentration- and use-specific, and
it includes potable water intake constraints: within 1/4 mile of an active potable water intake, resulting water
concentrations from injection and/or foliar applications may not exceed 50 ppb, and if higher concentrations are
required, the intake must be shut and alternative water supply provided until the concentration is demonstrated
to be ≤50 ppb by an acceptable method.
Impacts Specific to the Wetlands Protection Act using Imazamox
•Protection of public and private water supply – Possible detriment where potable water intakes are
present (label-based concentration constraints and intake management), generally neutral where no
intakes are affected and use is consistent with label/permit conditions.
•Protection of groundwater supply – Generally neutral at permitted use rates; label includes groundwater
advisory language indicating potential leaching under certain soil/water-table conditions (primarily
relevant to land-based applications).
•Flood control – Neutral (no significant interaction)
•Storm damage prevention – Neutral (no significant interaction)
•Prevention of pollution – Generally neutral to possible benefit (selective reduction of invasive biomass
may improve waterbody function where dense invasive growth contributes to degraded conditions)
•Protection of fisheries – Possible benefit (improved habitat function/open-water access) and possible
detriment (temporary alteration of cover/food resources in treated areas)
Notice of Intent Application
Proposed Aquatic Management Program
Cove Lane Pond – Cummaquid, MA
11 | Page
•Protection of wildlife habitat – Possible benefit (reduced invasive monocultures/increased habitat
heterogeneity) and possible detriment (temporary alteration of cover/food resources in treated areas)
Management Techniques Description
Detailed information on the approaches proposed in this NOI can be found at the Massachusetts Department of
Conservation and Recreation, Lakes and Ponds Program website
(http://www.mass.gov/eea/agencies/dcr/water-res-protection/lakes-and-ponds/eutrophication-andaquatic-
plant-management.html), which provides links to the Generic Environmental Impact Report for Eutrophication
and Lake Management in Massachusetts and the Practical Guide to Lake Management in Massachusetts.
Additional information on the herbicides and algaecides can be found at the Massachusetts Department of
Agricultural Resources website (http://www.mass.gov/eea/agencies/agr/pesticides/aquatic-vegetation-
management.html). The proposed management program is consistent with the general principles of integrated
pond management: monitoring first, targeted management only when warranted, use of the least disruptive
practicable method, and reduction of nutrient inputs.
Alternatives Analysis
Prior to submission of this Notice of Intent, several alternatives to the proposed Aquatic Management Program
were considered. The preferred approach is a monitoring-based, adaptive program that may include manual
removal, selective herbicide treatment for nuisance pondweed, contingency algaecide treatment, and best
management practices to reduce nutrient inputs. The following strategies were considered when determining the
best management approach.
Do Nothing: Not Recommended
If no management occurs, nuisance algae and dense thin-leaf pondweed may continue to expand or recur
seasonally. Continued excessive growth can reduce open-water area, impair aesthetics, increase organic sediment
accumulation, and contribute to dissolved oxygen fluctuations. In a small, shallow pond, unmanaged algae and
plant decomposition can accelerate eutrophication and degrade habitat quality.
Mechanical Harvesting / Hydro-Raking: Not Recommended
Large-scale mechanical removal and hydro-raking are not recommended for Cove Lane Pond. The pond is small
and shallow, and these methods would disturb sediments, increase turbidity, release nutrients, and impair wildlife
habitat. Launching and offloading would be impractical at a pond of this size, and the disturbance and non-target
impacts would be greater than with the proposed selective management.
Biological: Not Recommended
There are no proven biological controls available or approved by the Commonwealth of Massachusetts for control
of the target species. The option of using triploid grass carp for vegetation control is not permitted in
Massachusetts.
Sediment Excavation / Dredging: Not Recommended
Dredging nutrient-rich bottom sediment is occasionally used to control excessive weed growth, but it requires an
extensive, cost-prohibitive project with significant access and staging constraints. Dredging may also have severe
impacts on aquatic organisms with no guarantee of eliminating nuisance vegetation and algae.
Notice of Intent Application
Proposed Aquatic Management Program
Cove Lane Pond – Cummaquid, MA
12 | Page
Drawdown: Not Recommended
Drawdown is not proposed. The pond is a small, stream-connected waterbody without infrastructure suitable for
a controlled drawdown, and deep drawdown intended to control target plants could have negative implications for
fish and other species. Maintaining existing hydrology is preferred.
Benthic Mats: Not Recommended for Pond-Wide Use
Benthic mats placed to shade sunlight can limit plant growth in small target areas, such as a swim or access area,
but they are non-selective, costly, and require maintenance. They are neither practical nor cost effective pond-
wide, and the proposed plan allows for much greater selectivity.
Selective Herbicide / Algaecide Treatment and Manual Removal: Recommended
Selective chemical treatment, paired with limited manual removal and watershed best management practices, is
recommended where monitoring documents nuisance vegetation or algae conditions that cannot reasonably be
managed manually. Any treatment will be limited in scale, timed to protect water quality, and conducted under
WM04 and Order of Conditions requirements. This approach reduces nuisance conditions while maintaining native
vegetation and wildlife habitat. Should future annual surveys document invasive species not currently present,
such as fanwort, variable milfoil, or water chestnut, those species would be addressed through the contingency
products (fluridone, flumioxazin, and imazamox) already requested in this filing.
Estimated Habitats of Rare and Endangered Species
Water & Wetland has checked the Natural Heritage and Endangered Species Program (NHESP) database, and the
site was reviewed as part of the May 2026 resource-area delineation by Goddard Consulting, LLC. According to the
most recent NHESP data layers, the site is not located within Priority Habitat of Rare Species or Estimated Habitat
of Rare Wildlife. The site is also not located within an Area of Critical Environmental Concern or an
Outstanding Resource Waters area. If NHESP mapping or agency review changes prior to implementation, the
Applicant will comply with any then-applicable NHESP/MESA requirements before work proceeds.
Potential Vernal Pool
The pond is mapped as a Potential Vernal Pool according to NHESP data layers. The pond was field-investigated
during the May 2026 delineation to determine whether it meets the state criteria to function as a vernal pool. A
visual search was conducted for evidence of breeding by obligate indicator species, including spotted salamander,
wood frog, and fairy shrimp, using polarized sunglasses and dip nets. No egg masses, amphibian larvae, or fairy
shrimp were observed. Adult green frogs and bullfrogs, which require permanent or semi-permanent water to
complete their lifecycle, were present along the pond edges. Historic aerial photographs consistently show the
waterbody at a similar size year-round, indicating a permanent waterbody that does not dry out, and the pond is
connected to a USGS-mapped perennial stream through the Cove Lane culvert. Based on these findings, the
mapped Potential Vernal Pool is a permanent waterbody that does not meet the biological criteria to support
vernal pool species or to be considered a vernal pool under state regulations. The proposed management program
nonetheless retains conservative, monitoring-based treatment thresholds and preserves existing pond hydrology.
Applicable Barnstable Resource Areas and Regulatory Context
The following resource areas and jurisdictional areas were delineated on or are applicable to the site and are
Notice of Intent Application
Proposed Aquatic Management Program
Cove Lane Pond – Cummaquid, MA
13 | Page
shown or referenced in the supporting documentation:
•Surface Water Body / Pond under Barnstable Chapter 237;
•Land Under Water Bodies and Waterways under 310 CMR 10.56 and Chapter 237, beneath the pond and
contributing stream;
•Bank under 310 CMR 10.54, delineated around the pond as flag series B1–B21;
•Three Bordering Vegetated Wetlands under 310 CMR 10.55, delineated as the A-series (southwestern
edge), C-series (northeastern edge), and D-series (southeastern edge);
•A USGS-mapped perennial stream and associated culverts beneath Cove Lane; and
•The 100-foot buffer zone cast by the Bank and the delineated BVWs.
Barnstable Chapter 237 requires an applicant to prove by a preponderance of credible evidence that the proposed
work will not have an unacceptable significant or cumulative effect upon the wetland values protected by the local
ordinance. Under the Wetlands Protection Act, Land Under Water Bodies and Waterways includes the land
beneath a pond, and work within that resource area may not impair its water-carrying and flood-storage capacity,
water quality, or value to fisheries and wildlife habitat. This NOI does not propose dredging, filling, grading, bank
alteration, flood-storage alteration, new stormwater discharge, new impervious surface, dock work, or pier work;
the proposed work is limited to monitoring and aquatic management within the existing pond using existing
access.
Impacts of the Proposed Management Plan Specific to the Wetlands
Protection Act and Barnstable Wetlands Protection Ordinance
Barnstable Chapter 237 protects wetland values including public and private water supply, groundwater, flood
control, storm damage prevention, erosion and sedimentation control, prevention of water pollution, wildlife
habitat, shellfish, fisheries, recreation, aesthetics, agricultural and aquacultural values, and historical values. The
following section addresses the anticipated effect of the proposed management program on those interests and
the corresponding performance standards of 310 CMR 10.00.
Protection of Public and Private Water Supply
Cove Lane Pond is not used as a public drinking water supply. Prior to chemical treatment, available information
regarding nearby private wells, irrigation intakes, and potable water use will be reviewed, and product-label
restrictions and WM04 permit conditions will be followed. Copper-based algaecides carry no water-use
restrictions; diquat carries short, temporary restrictions that will be posted. If any private water supply or irrigation
use is identified within an applicable label-restriction area, treatment timing, product selection, or treatment area
will be adjusted accordingly. Aquatic herbicide treatments at this waterbody will not have any adverse impact on
the public or private water supply when used in accordance with the product label and the conditions of the
MassDEP WM04 license.
Protection of Groundwater Supply
The project does not involve excavation, dewatering, groundwater withdrawal, fill, stormwater construction, or
new impervious surface. Several studies show that groundwater supply will not be adversely impacted by the
proposed management strategies at the proposed rates. Contamination of groundwater by aquatic herbicides is
limited by their low rate of application, rapid rate of degradation, and uptake by target plants; diquat in particular
Notice of Intent Application
Proposed Aquatic Management Program
Cove Lane Pond – Cummaquid, MA
14 | Page
adsorbs strongly to soil and sediment particles. Nutrient-reduction best management practices are expected to
benefit groundwater and pond-water quality over time.
Flood Control and Storm Damage Prevention
No construction, dredging, or alteration of the existing floodplain and storm-damage-prevention characteristics of
the waterbody is proposed. No change to pond volume, outlet configuration, bank form, flood storage, or
stormwater flow is proposed. Unmanaged annual growth and decomposition of abundant plant material can limit
hydraulic capacity and increase sediment deposition; the proposed management techniques may therefore help
maintain the long-term capacity of the resource area to provide flood protection.
Erosion and Sedimentation Control
The project does not propose shoreline grading, clearing, or construction. Manual removal, if used, will be limited
and conducted to minimize sediment disturbance. No work is proposed that would destabilize banks or increase
erosion. Equipment staging and refueling will occur outside wetland resource areas to the extent practicable.
Prevention of Pollution
No degradation of water quality or increased pollution is expected. The management program is intended to
improve water quality by reducing nuisance algae and limiting excessive aquatic biomass. Because the pond is
connected to a perennial stream through the Cove Lane culvert, treatment timing and product selection will
account for flow conditions, and flow will be limited to the extent practicable during and immediately following
any treatment so that herbicide and algaecide concentrations are maintained on the target areas and downstream
movement is minimized. When using contact herbicides and algaecides, treatments will be limited to no more
than 50% of the water volume at one time. The post-treatment decrease in plant biomass will help decrease the
rate of eutrophication currently caused by the decomposition of excessive plant material. Treatment will be
avoided during conditions that could increase the risk of dissolved oxygen depletion, such as high temperatures,
low dissolved oxygen, or excessive biomass-collapse risk.
Protection of Fisheries and Shellfisheries
Dense beds of aquatic vegetation provide poor habitat for most fish species and can cause significant fluctuations
in dissolved oxygen. While temporary effects on some submersed and floating-leaf species may occur following
treatment, many non-target native plants typically rebound quickly. Cove Lane Pond is an inland freshwater pond
and is not known to support shellfish resources; no adverse effect on shellfish resources is expected.
Protection of Wildlife and Wildlife Habitat
Excessive dense plant growth provides poor wildlife habitat. The proposed management plan is expected to help
prevent further degradation of the waterbody through excessive weed and algae growth and to improve wildlife
habitat value over the long term. The goal of the multi-year management approach is to increase open-water
habitat and biodiversity while retaining native vegetation and habitat structure to the extent practicable.
Recreation and Aesthetics
The primary purpose of the proposed program is ecological: to impede eutrophication and protect water quality
and habitat value, as described above. Improved aesthetic and passive-use conditions are an incidental benefit of
reducing nuisance algae and vegetation densities, not the basis for the program. The natural character of the pond
will be preserved, as the program reduces nuisance densities rather than eliminating native vegetation.
Notice of Intent Application
Proposed Aquatic Management Program
Cove Lane Pond – Cummaquid, MA
15 | Page
Agricultural, Aquacultural, and Historical Values
No agricultural or aquacultural uses are known to be present or affected; any identified irrigation restrictions
associated with product labels will be followed. No excavation, ground disturbance, or structural work is proposed,
and no adverse effect on known historical or archaeological resources is expected.
Chapter 704 Buffer-Zone Compliance
No hardscape or landscape alteration is proposed within the 50-foot or 100-foot buffer zone. No new structures,
patios, walkways, walls, decks, pavement, gravel, shell, pervious or impervious paving, lawn expansion, or
ornamental landscaping is proposed.
Barnstable Chapter 704 requires retention of a 50-foot undisturbed buffer between the landward-most wetland
resource area and the limit of proposed site disturbance, and requires a waiver and mitigation for hardscape or
landscape alteration within the 50-foot buffer. Because this project proposes no hardscape or landscape alteration,
no Chapter 704 mitigation planting is proposed. Chapter 704 also recognizes that certain invasive-species control
and public-benefit water-quality improvement work may be permitted without mitigation planting at the
Commission’s discretion.
To the extent limited foot access for monitoring, temporary posting, or treatment observation occurs within the
buffer zone, such access will use existing maintained and developed access areas to the greatest extent practicable
and will not involve grading, clearing, soil disturbance, or hardscape construction. Equipment and product will not
be stored in the buffer zone, and refueling, if necessary, will occur outside wetland resource areas and outside the
buffer to the extent practicable.
Chapter 703 Private Docks and Piers
Barnstable Chapter 703, governing private docks and piers, is not applicable to this project. No dock, pier,
boardwalk, float, outhaul, or related structure is proposed, and no work on any existing such structure is proposed.
Abutter Notification
Abutter notification will be completed in accordance with the Massachusetts Wetlands Protection Act and the
Town of Barnstable requirements. Barnstable Chapter 706 requires certified mail, return receipt requested, to
property owners within 100 feet of the perimeter of the subject parcel for NOI filings, including abutters across
streets and in other towns where applicable. The filing will include an abutter list, an Assessor’s map showing the
100-foot radius, an abutter notification letter, and proof of certified mailing or other documentation required by
the Conservation Division. Consistent with Chapter 707, the applicant or representative will certify under the
penalties of perjury that abutters were notified pursuant to Chapter 237.
Forms and Fees
The filing package will include WPA Form 3, the Wetland Fee Transmittal Form, the Barnstable Chapter 707 NOI
Submission Checklist, this project narrative, the applicable maps and figures, abutter notification materials, and
filing fees. Fee calculation and transmittal forms are attached, and the state share of the fee will be filed with
Notice of Intent Application
Proposed Aquatic Management Program
Cove Lane Pond – Cummaquid, MA
16 | Page
MassDEP through eDEP. The Applicant will coordinate with the Barnstable Conservation Division regarding the
number of hard copies, electronic submission requirements, naming conventions, field staking or resource-area
flagging, and hearing scheduling requirements in effect at the time of filing.
Compliance
The objective of this project is to impede eutrophication by controlling nuisance algae and nuisance densities of
native aquatic vegetation in a manner protective of wetland values, consistent with the eligibility criteria for an
Ecological Restoration Limited Project under 310 CMR 10.53(4). No significant alteration to wetland resource areas
will occur as a result of the proposed management program; in fact, resource areas will be enhanced by controlling
nuisance plant and algae growth. The proposed project does not involve dredging, filling, drawdown, shoreline
construction, grading, vegetation clearing, stormwater construction, hardscape, or new impervious surface. The
program is monitoring-based, adaptive, and limited to the minimum management necessary to address
documented nuisance conditions. The proposed management activities are consistent with the following guidance
documents:
•Final Generic Environmental Impact Report: Eutrophication and Aquatic Plant Management in
Massachusetts (June 2004);
•Guidance for Aquatic Plant Management in Lakes and Ponds as it Relates to the Wetlands Protection Act
(April 2004 – DEP Policy/SOP/Guideline #BRP/DWM/WW/G04-1);
•The Practical Guide to Lake Management in Massachusetts (2004); and
•The Massachusetts Guide to Lake Management, as applicable.
All management techniques proposed are approved under the Massachusetts Environmental Policy Act (MEPA)
process completed in 2004 with the issuance of the FGEIR and the Practical Guide; these approaches do not require
individual MEPA review.
Best Management Practices / Company Protocols
Several company protocols have been implemented to ensure that best management practices are always
followed. A list of several items is provided below:
•Prior to launching any boat, the vessel will be properly cleaned and inspected for the presence of invasive
species. It is company protocol to power wash and inspect boats between waterbodies. No boat will be
launched until it has been properly cleaned and inspected so as not to introduce invasive species into
additional waterbodies.
•No equipment will be stored on-site. All equipment and products needed will be brought to the pond/lake
during the day of the management activity and will be removed from the site the same day.
•In the event a boat or other equipment needs refueling during treatment, it will be demobilized and filled
outside the wetland resource area and outside the buffer zone to the extent practicable.
•Treatment will not occur during unsuitable weather, including excessive wind or imminent heavy rain, or
under unsafe access conditions.
Notice of Intent Application
Proposed Aquatic Management Program
Cove Lane Pond – Cummaquid, MA
17 | Page
•Dissolved oxygen, temperature, and water clarity will be reviewed before treatment where appropriate,
and treatment will be postponed if conditions increase the risk of oxygen depletion or non-target impacts.
•Treatment will be limited to the minimum area and rate necessary to address documented nuisance
conditions, with no more than 50% of the waterbody treated with a contact product at any one time.
•All treatment areas will be posted with required temporary water-use restrictions, and product labels, the
Order of Conditions, and the State Pesticide Use Permit will be followed at all times.
•All removed vegetation or algae will be disposed of outside wetland resource areas where it cannot return
to the pond.
•Property owners will be advised regarding fertilizer reduction, buffer maintenance, and organic-debris
control.
•A licensed applicator will be on-site during all chemical management activities and is properly licensed to
undertake aquatic herbicide applications in Massachusetts.
•Product labels, the Order of Conditions, and the State Pesticide Use Permit will always be followed.
Water & Wetland Company Info
Water & Wetland started as a family owned, local company with
nearly two decades of individual experience in pond, lake, and
wetland management. Prior to founding Water & Wetland, Colin
Gosselin and Joe Onorato worked in lake management and saw an
opportunity to change the industry. Our goal is to provide unique,
individual attention to each water body we work on. Plans are
completely customized, and we pride ourselves on excellent
communication with our customers. We want you to know we care
about your water bodies as much as you do. While wetlands are
complex and precious, they are also highly regulated in New England.
We aim to find the perfect balance between restoring a healthy eco-
system and achieving our customers’ goals, all while working within
their desired budget. The photo to the right shows a simple before
and after of a treatment we performed for the control of nuisance aquatic vegetation.
Water & Wetland offers a variety of services that stem from the initial consultation through the implementation
of management. Some of these services include pond and lake vegetation surveys, water quality collection and
analysis, fountain and aeration installation and service, herbicide and algaecide treatments, biological options,
mechanical and hydraulic dredging, and much more.
Request for Issuance of Order of Conditions
We hereby certify under the penalties of perjury that, to the best of our knowledge, this project meets all eligibility
requirements listed in 310 CMR 10.53, including the criteria for an Ecological Restoration Limited Project under
310 CMR 10.53(4) and its accompanying Appendix A checklist. The proposed project has been designed to avoid
and minimize impacts to existing wetland resource areas as defined under the Massachusetts Wetlands Protection
Act (MGL Ch. 131 Sec. 40, et seq.). Since the interests of the Act and local bylaw have been addressed as part of
Notice of Intent Application
Proposed Aquatic Management Program
Cove Lane Pond – Cummaquid, MA
18 | Page
this plan, we request that a five-year Order of Conditions be issued so that management at Cove Lane Pond may
commence, as planned. Please feel free to reach out directly with any questions.
Implementation in any given year will remain subject to survey-documented need, WM04 approval, product-label
requirements, and all special conditions included in the Order of Conditions. Please feel free to contact Water &
Wetland with any questions or requests for additional information.
Sincerely,
Colin Gosselin,
Co-Owner, Water & Wetland
colin@waterandwetland.com
c: (508) 259-3153
o: (888) 493-8526
Attachments
•1. Notice of Intent (NOi) WPA Form 3
o 1.1 Property Owners
•2. Wetland Fee Transmittal Form
•3. Appendix A: Limited Ecological Restoration Project
•4. Environmental Monitor Notice
•5. Detailed Street Directions
•6. Conservation Notice of Intent Abutter List
•7. Conservation Notice of Intent Abutter Map
•8. Notice of Intent Abutter Notification Letter
•9. Cove Lane Pond Storm Surge and Protected Areas Map
•10. Cove Lane Pond Protected Areas Map (Close-up)
•11. USGS Inset Locus Map
•12. Cove Lane Pond Surrounding Structures and Wetlands
Map
•13.Goddard Consulting, LLC. Wetland Delineation Report
with Flags (Bordering Vegetated Wetlands Report)
•14. Goddard Consulting, LLC. Potential Vernal Pool Survey
•15. Barnstable Submission Requirements for Notice of
Intent Applications Checklist
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
Section 1.1, WPA Form 3, A.3 Property Owner
Barnstable Registry of Deeds
Name Address Assessor Parcel ID Deed Information
Stephen Robinson,
Robinson Family Trust
4224 Main St.,
Barnstable, MA
02630
351_061 Book 31763, Page 0319
Claudia Sussdorf,
Claudia E. Sussdorf
Trust
16 Cove Ln.,
Barnstable, MA
02630
351_060
Book 34894, Page 265
Estelle Colgan, Colgan
Trust
68 Cove Ln.,
Barnstable, MA
02630
351_054
Book 35724, Page 311
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
4
Massachusetts Department of Environmental Protection Provided bv MassDEP:
Bureau of Resource Protection - Wetlands MassDEp File Numbea
WPA Form 3 - ruotice of lntent
l\Iassachusetts weflands protection Act tr/.G.L. c. 131 , $40 ;]ffi:ilrnsaction
Number
City/Town
F. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying
plans, documents, and supporting data are true and complete to the best of my knowledge. I understand
that the Conservation Commission will place notification of this Notice in a local newspaper at the
expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the
requirements of I\I.G.L. c. 131, S 40. Notice must be made by Certificate of Mailing or in writing by hand
delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the
project
frrn,1,,
of 2.
4. Date
6. Date
For Conservation Commission :
Two copies of the completed Notice of lntent (Form 3), including supporting plans and documents,
two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the
Conservation Commission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of lntent (Form 3), including supporting plans and documents, one
copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the ttIassDEP
Regional Office (see lnstructions) by certified mailor hand delivery.
Other:
lf the applicant has checked the "yes" box in any part of Section C, ltem 3, above, refer to that section
and the lnstructions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a
timely manner may result in dismissal of the Notice of lntent.
wpaform3.doc . rev. 121412023 Page 9 of 9
1.Date
3. Signature of Property Owner 6 Offerem) -
S Sgnature of Representatv{ mD
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.)
noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 1 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
Eligibility Checklist
This Ecological Restoration Limited Project Eligibility Checklist guides the applicant in determining if
their project is eligible to file as an Inland or Coastal Ecological Restoration Limited Project (310 CMR
10.53(4) or 310 CMR 10.24(8) respectively). These criteria must be met when submitting the
Ecological Restoration Limited Project Notice of Intent to ensure that the restoration and improvement
of the natural capacity of a Resource Area(s) to protect and sustain the interests identified in the WPA
is necessary to achieve the project’s ecological restoration goals.
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.
Regulatory Features of All Coastal and Inland Ecological Restoration Limited Projects
(a)May result in the temporary or permanent loss of/or conversion of Resource Area: An Ecological
Restoration Limited Project that meets the requirements of 310 CMR 10.24(8) may result in the
temporary or permanent loss of Resource Areas and/or the conversion of one Resource Area to
another when such loss is necessary to the achievement of the project’s ecological restoration goals.
(b)Exemption from wildlife habitat evaluation: A NOI for an Ecological Restoration Limited Project that
meets the minimum requirements for Ecological Restoration Projects and for a MassDEP Combined
Application outlined in 310 CMR 10.12(1) and (2) is exempt from providing a wildlife habitat evaluation
(310 CMR 10.60).
(c)The following are considerations for applicants filing an Ecological Restoration Limited Project NOI
and for the issuing authority approving a project as an Ecological Restoration Limited Project:
The condition of existing and historic Resource Areas proposed for restoration.
Evidence of the extent and severity of the impairment(s) that reduce the capacity of the Resource
Areas to protect and sustain the interests identified in M.G.L. c. 131, § 40.
The magnitude and significance of the benefits of the Ecological Restoration Project in improving
the capacity of the affected Resource Areas to protect and sustain the other interests identified in
M.G.L. c. 131, § 40.
The magnitude and significance of the impacts of the Ecological Restoration Project on existing
Resource Areas that may be modified, converted and/or lost and the interests for which said
Resource Areas are presumed significant in 310 CMR 10.00, and the extent to which the project
will:
a.avoid adverse impacts to Resource Areas and the interests identified in M.G.L. c. 131, § 40,
that can be avoided without impeding the achievement of the project’s ecological restoration
goals.
b.minimize adverse impacts to Resource Areas and the interests identified in M.G.L. c. 131, §
40, that are necessary to the achievement of the project’s ecological restoration goals.
c.utilize best management practices such as erosion and siltation controls and proper
construction sequencing to avoid and minimize adverse construction impacts to resource
areas and the interests identified in M.G.L. c. 131, § 40.
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noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 2 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
Eligibility Criteria - Coastal Ecological Restoration Limited Projects
(310 CMR 10.24(8))
Complete this Eligibility Criteria Checklist before filling out a Notice of Intent Application to determine if
your project qualifies as a Coastal Ecological Restoration Limited Project. (310 CMR 10.24(8)) Sign
the Eligibility Certification at the end of Appendix A, and attach the checklist with supporting
documentation and the Eligibility Certification to your Notice of Intent Application.
General Eligibility Criteria for All Coastal Ecological Restoration Limited Projects
Notwithstanding the requirements of 310 CMR 10.25 through 10.35, 310 CMR 10.54 through 10.58,
and the Wildlife Habitat evaluations in 310 CMR 10.60, the Issuing Authority may issue an Order of
Conditions permitting an Ecological Restoration Project listed in 310 CMR 10.24(8)(e) as an
Ecological Restoration Limited Project and impose such conditions as will contribute to the interests
identified in the WPA M.G.L. provided that the project meets all the requirements in 310 CMR 10.24
(8).
The project is an Ecological Restoration Project as defined in 310 CMR 10.04 and is a project type
listed below [310 CMR 10.24(8)(e)].
Tidal Restoration.
Shellfish Habitat Restoration.
Other Ecological Restoration Limited Project Type.
The project will further at least one of the WPA (M.G.L. c. 131, § 40) interests identified below.
Protection of public or private water supply.
Protection of ground water supply.
Flood control.
Storm damage prevention.
Prevention of pollution.
Protection of land containing shellfish.
Protection of fisheries.
Protection of wildlife habitat.
If the project will impact an area located within estimated habitat which is indicated on the most
recent Estimated Habitat Map of State-Listed Rare Wetlands, a NHESP preliminary written
determination is attached to the NOI submittal that the project will not have any adverse long-term
and short-term effects on specified habitat sites of Rare Species or the project will be carried out
in accordance with an approved NHESP habitat management plan.
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noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 3 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
Eligibility Criteria - Coastal Ecological Restoration Limited Projects
(310 CMR 10.24(8)) (Cont.)
General Eligibility Criteria for All Coastal Ecological Restoration Limited Projects (cont.)
If the project is located in a Coastal Dune or Barrier Beach, the project avoids and minimizes
armoring of the Coastal Dune or Barrier Beach to the maximum extent practicable.
The project complies with all applicable provisions of 310 CMR 10.24(1) through (6) and 310 CMR
10.24(9) and (10).
Additional Eligibility Criteria for Specific Coastal Ecological Restoration Limited Project Types
These additional criteria must be met to qualify as an Ecological Restoration Limited Project to ensure
that the restoration and improvement of the natural capacity of a Resource Area to protect and sustain
the interests identified in the WPA is necessary to achieve the project’s ecological restoration goals.
This Ecological Restoration Limited Project application meets the eligibility criteria for Ecological
Restoration Limited Project [310 CMR 10.24(8)(a) through (d) and as proposed, furthers at least
one of the WPA interests is for the project type identified below.
Tidal Restoration Projects
A project to restore tidal flow that will not significantly increase flooding or storm damage
impacts to the built environment, including without limitation, buildings, wells, septic
systems, roads or other man-made structures or infrastructure.
Shellfish Habitat Restoration Projects
The project has received a Special Projects Permit from the Division of Marine Fisheries
or, if a municipality, has received a shellfish propagation permit.
The project is made of cultch (e.g., shellfish shells from oyster, surf or ocean clam) or is a
structure manufactured specifically for shellfish enhancement (e.g., reef blocks, reef balls,
racks, floats, rafts, suspended gear).
Other Ecological Restoration Projects that meet the criteria set forth in 310 CMR
10.24(8)(a) through (d).
Restoration, enhancement, or management of Rare Species habitat.
Restoration of hydrologic and habitat connectivity.
Removal of aquatic nuisance vegetation to impede eutrophication.
Thinning or planting of vegetation to improve habitat value.
Fill removal and re-grading.
Riparian corridor re-naturalization.
River floodplain re-connection.
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noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 4 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
Eligibility Criteria - Coastal Ecological Restoration Limited Projects
(310 CMR 10.24(8)) (Cont.)
Additional Eligibility Criteria for Specific Coastal Ecological Restoration Limited Project Types
In-stream habitat enhancement.
Remediation of historic tidal wetland ditching.
Eelgrass restoration.
Invasive species management.
Installation of fish passage structures.
Other. Describe:
This project involves the construction, repair, replacement or expansion of public or private
infrastructure (310 CMR 10.24(9).
The NOI attachment labeled is an operation and maintenance plan to ensure that the
infrastructure will continue to function as designed.
The operation and maintenance plan will be implemented as a continuing condition in the
Order of Conditions and the Certificate of Compliance.
This project proposes to replace an existing stream crossing (310 CMR 10.24(10). The
crossing complies with the Massachusetts Stream Crossing Standards to the maximum extent
practicable with details provided in the NOI. The crossing type:
Replaces an existing non-tidal crossing that is part of an Anadromous/Catadromous Fish
Run (310 CMR 10.35)
Replaces an existing tidal crossing that restricts tidal flow. The tidal restriction will be
eliminated to the maximum extent practicable.
At a minimum, in evaluating the potential to comply with the standards to the maximum extent
practicable the following criteria have been consider site constraints in meeting the standard,
undesirable effects or risk in meeting the standard, and the environmental benefit of meeting
the standard compared to the cost, by evaluating the following:
The potential for downstream flooding;
Upstream and downstream habitat (in-stream habitat, wetlands);
Potential for erosion and head-cutting;
Stream stability;
Habitat fragmentation caused by the crossing;
The amount of stream mileage made accessible by the improvements;
Storm flow conveyance;
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noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 5 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
Eligibility Criteria - Coastal Ecological Restoration Limited Projects
(310 CMR 10.24(8)) (Cont.)
Additional Eligibility Criteria for Specific Coastal Ecological Restoration Limited Project Types
Engineering design constraints specific to the crossing;
Hydrologic constraints specific to the crossing;
Impacts to wetlands that would occur by improving the crossing;
Potential to affect property and infrastructure; and
Cost of replacement.
Eligibility Criteria - Inland Ecological Restoration Limited Project (310
CMR 10.53(4))
Complete this Eligibility Criteria Checklist before filling out a Notice of Intent Application to determine if
your project qualifies as an Inland Ecological Restoration Limited Project. (310 CMR 10.53(4)) Sign
the Eligibility Certification at the end of Appendix A, and attach the checklist with supporting
documentation and the Eligibility Certification to your Notice of Intent Application.
General Eligibility Criteria for All Inland Ecological Restoration Limited Projects
Notwithstanding the requirements of any other provision of 310 CMR 10.25 through 10.35, 310 CMR
10.54 through 10.58, and 310 CMR 10.60, the Issuing Authority may issue an Order of Conditions
permitting an Ecological Restoration Project listed in 310 CMR 10.53(4)(e) as an Ecological
Restoration Limited Project and impose such conditions as will contribute to the interests identified in
M.G.L. c. 131, § 40, provided that:
The project is an Ecological Restoration Project as defined in 310 CMR 10.04 and is a project type
listed below [310 CMR 10.53(4)(e)].
Dam Removal
Freshwater Stream Crossing Repair and Replacement
Stream Daylighting
Tidal Restoration
Rare Species Habitat Restoration
Restoring Fish Passageways
Other (describe project type): Removal of nuisance densities of aquatic vegetation
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Page 6 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
Eligibility Criteria - Inland Ecological Restoration Limited Project (310
CMR 10.53(4)) (cont.)
General Eligibility Criteria for All Inland Ecological Restoration Limited Projects
The project will further at least one of the WPA (M.G.L. c. 131, § 40) interests identified below.
Protection of public or private water supply
Protection of ground water supply
Flood control
Storm damage prevention
Prevention of pollution
Protection of land containing shellfish
Protection of fisheries
Protection of wildlife habitat
If the project will impact an area located within estimated habitat which is indicated on the most
recent Estimated Habitat Map of State-Listed Rare Wetlands, a NHESP preliminary written
determination is attached to the NOI submittal that the project will have no adverse long-term and
short-term effects on specified habitat sites of Rare Species or the project will be carried out in
accordance with an approved NHESP habitat management plan.
The project will be carried out in accordance with any time of year restrictions or other conditions
recommended by the Division of Marine Fisheries for coastal waters and the Division of Fisheries
and Wildlife in accordance with 310 CMR 10.11(3).
If the project involves the dredging of 100 cubic yards of sediment or more or dredging of any
amount in an Outstanding Resource Water, a Water Quality Certification has been applied for or
obtained.
The project complies with all applicable provisions of 310 CMR 10.53(1), (2), (7), and (8).
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Page 7 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
Eligibility Criteria - Inland Ecological Restoration Limited Project (310
CMR 10.53(4)) (cont.)
Additional Eligibility Criteria for Specific Inland Ecological Restoration Limited Project Types
These additional criteria must be met to qualify as an Ecological Restoration Limited Project to ensure
that the restoration and improvement of the natural capacity of a Resource Area to protect and sustain
the interests identified in the WPA is necessary to achieve the project’s ecological restoration goals.
This project application meets the eligibility criteria for Ecological Restoration Limited Project in
accordance with [310 CMR 10.53(4)(a) through (d) and as proposed, furthers at least one of the
WPA interests is for the project type identified below:
Dam Removal
Project is consistent with MassDEP’s 2007 Dam Removal Guidance.
Freshwater Stream Crossing Repair and Replacement. The project as proposed and the
NOI describes how:
Meeting the eligibility criteria set forth in 310 CMR 10.13 would result in significant stream
instability or flooding hazard that cannot otherwise be mitigated, and site constraints make
it impossible to meet said criteria.
The project design ensures that the stability of the bank is NOT impaired.
To the maximum extent practicable, the project provides for the restoration of the stream
upstream and downstream of the structure as needed to restore stream continuity and
eliminate barriers to aquatic organism movement.
The project complies with the requirements of 310 CMR 10.53(7) and (8).
Stream Daylighting Projects
The project meets the eligibility criteria for Ecological Restoration Limited Project [310
CMR 10.53(4)(a) through (d)] and as proposed the NOI describes how the proposed
project meets to the maximum extent practicable, consistent with the project’s ecological
restoration goals, all the performance standards for Bank and Land Under Water Bodies
and Waterways.
The project meets the requirements of 310 CMR 10.12(1) and (2) and a wildlife habitat
evaluation is not included in the NOI.
Tidal Restoration Project
Restores tidal flow.
the project, including any proposed flood mitigation measures, will not significantly
increase flooding or storm damage to the built environment, including without limitation,
buildings, wells, septic systems, roads or other man-made structures or infrastructure.
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Page 8 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
Eligibility Criteria - Inland Ecological Restoration Limited Project (310
CMR 10.53(4)) (cont.)
Other Ecological Restoration Projects that meet the criteria set forth in 310 CMR 10.53 (4)
(a)through (d).
Restoration, enhancement, or management of Rare Species habitat.
Restoration of hydrologic and habitat connectivity.
Removal of aquatic nuisance vegetation to impede eutrophication.
Thinning or planting of vegetation to improve habitat value.
Riparian corridor re-naturalization.
River floodplain re-connection.
In-stream habitat enhancement.
Fill removal and re-grading.
Flow restoration.
Installation of fish passage structures.
Invasive species management.
Other. Describe:
This project involves the construction, repair, replacement or expansion of public or private
infrastructure. (310 CMR 10.53(7))
The NOI attachment labeled is an operation and maintenance plan to ensure that the
infrastructure will continue to function as designed.
The operation and maintenance plan will be implemented as a continuing condition in the
Order of Conditions and the Certificate of Compliance.
This project replaces an existing stream crossing (310 CMR 10.53(8)). The crossing type:
Replaces an existing non-tidal crossing designed to comply with the Massachusetts Stream
Crossing Standards to the maximum extent practicable with details provided in the NOI.
Replaces an existing tidal crossing that restricts tidal flow. The tidal restriction will be
eliminated to the maximum extent practicable.
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Page 9 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
Eligibility Criteria - Inland Ecological Restoration Limited Project (310
CMR 10.53(4)) (cont.)
At a minimum, in evaluating the potential to comply with the standards to the maximum extent
practicable the following criteria have been consider site constraints in meeting the standard,
undesirable effects or risk in meeting the standard, and the environmental benefit of meeting the
standard compared to the cost, by evaluating the following:
The potential for downstream flooding;
Upstream and downstream habitat (in-stream habitat, wetlands);
Potential for erosion and head-cutting;
Stream stability;
Habitat fragmentation caused by the crossing;
The amount of stream mileage made accessible by the improvements;
Storm flow conveyance;
Engineering design constraints specific to the crossing;
Hydrologic constraints specific to the crossing;
Impacts to wetlands that would occur by improving the crossing;
Potential to affect property and infrastructure; and
Cost of replacement.
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Page 10 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
Required Actions (310 CMR 10.11)
Complete the Required Actions before submitting a Notice of Intent Application for an Ecological
Restoration Project and submit a completed copy of this Checklist with the Notice of Intent.
Massachusetts Environmental Policy Act (MEPA) / Environmental Monitor
https://www.mass.gov/service-details/the-environmental-monitor
For Ecological Restoration Limited Projects, there are no changes to MEPA requirements.
Submit written notification at least 14 days prior to the filing of a Notice of Intent (NOI) to the
Environmental Monitor for publication. A copy of the written notification is attached and provides at
minimum:
A brief description of the proposed project.
The anticipated NOI submission date to the conservation commission.
The name and address of the conservation commission that will review the NOI.
Specific details as to where copies of the NOI may be examined or acquired and where to obtain
the date, time, and location of the public hearing.
Massachusetts Endangered Species Act (MESA) /Wetlands Protection Act Review
Preliminary Massachusetts Endangered Species Act Review from the Natural Heritage and
Endangered Species Program (NHESP) has been met and the written determination is attached.
Supplemental Information for Endangered Species Review has been submitted.
1. Percentage/acreage of property to be altered:
a.Within Wetland Resource Area Percentage/acreage
b.Outside Wetland Resource Area
Percentage/acreage
2. Assessor’s Map or right-of-way plan of site
3. 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.
4. Project description (including description of impacts outside of wetland resource area
& buffer zone)
5. Photographs representative of the site
6. MESA filing fee (fee information available at
https://www.mass.gov/how-to/how-to-file-for-a-mesa-project-review)
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Page 11 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
Required Actions (310 CMR 10.11) (cont.)
Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP:
Natural Heritage & Endangered Species Program
MA Division of Fisheries & Wildlife
1 Rabbit Hill Road
Westborough, MA 01581
7.Projects altering 10 or more acres of land, also submit:
a. Vegetation cover type map of site
b. Project plans showing Priority & Estimated Habitat boundaries
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/ma-endangered-species-act-mesa-overview; the NOI
must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR
10.37 and 10.59 – see C4 below)
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.
Estimated Habitat Map of State-Listed Rare Wetlands Wildlife
If a portion of the proposed project is 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), complete the portion below. To
view habitat maps, see the Massachusetts Natural Heritage Atlas or view the maps
electronically at: https://www.mass.gov/guides/masswildlife-publications#-massachusetts-natural-
heritage-atlas-
A preliminary written determination from Natural Heritage and Endangered Species Program
(NHESP) must be obtained indicating that:
Project will NOT have long- or short-term adverse effect on the actual Resource Area
located within estimated habitat indicated on the most recent Estimated Habitat Map of
State-Listed Rare Wetlands Wildlife published by NHESP.
Project will have long- or short-term adverse effect on the actual Resource Area located
within estimated habitat indicated on the most recent Estimated Habitat Map of State-
Listed Rare Wetlands Wildlife published by NHESP. A copy of NHESP’s written
preliminary determination in accordance with 310 CMR 10.11(2) is attached. This
specifies:
Date of the map:
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Page 12 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
Required Actions (310 CMR 10.11) (cont.)
If the Rare Species identified is/are likely to continue to be located on or near the project,
and if so, whether the Resource Area to be altered is in fact part of the habitat of the Rare
Species.
That if the project alters Resource Area(s) within the habitat of a Rare Species:
The Rare Species is identified;
NHESP’s recommended changes or conditions necessary to ensure that the project will
have no short or long term adverse effect on the habitat of the local population of the Rare
Species is provided; or
An approved NHESP habitat management plan is attached with this Notice of Intent.
Send the request for a preliminary determination to:
Natural Heritage & Endangered Species Program
MA Division of Fisheries & Wildlife
1 Rabbit Hill Road
Westborough, MA 01581
Division of Marine Fisheries
If the project will occur within a coastal waterbody with a restricted Time of Year, [see
Appendix B of the Division of Marine Fisheries (DMF) Technical Report TR 47 “Marine Fisheries
Time of Year Restrictions (TOYs) for Coastal Alteration Projects” dated April 2011
https://www.nae.usace.army.mil/Portals/74/docs/regulatory/StateGeneralPermits/MA/TR-47.pdf].
Obtain a DMF written determination stating:
The proposed work does NOT require a TOY restriction.
The proposed work requires a TOY restriction. Specific recommended TOY restriction and
recommended conditions on the proposed work is attached.
If the project may affect a diadromous fish run [re: Division of Marine Fisheries (DMF)
Technical Reports TR 15 through 18, dated 2004: https://www.mass.gov/service-details/marine-
fisheries-technical-reports]
Obtain a DMF written determination stating:
The design specifications and operational plan for the project are compatible with the
passage requirements of the fish run.
The design specifications and operational plan for the project are not compatible with
the passage requirements of the fish run.
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Page 13 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
Required Actions (310 CMR 10.11) (cont.)
Send the request for a written or electronic determination to:
South Shore – Bourne to Rhode Island border,
and the Cape & Islands:
Division of Marine Fisheries –
South Coast Field Station
Attn: Environmental Reviewer
836 South Rodney French Blvd.
New Bedford, MA 02744
Email: DMF.EnvReview-South@state.ma.us
North Shore – Plymouth to New Hampshire
border:
Division of Marine Fisheries –
North Shore Field Station
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
Email: DMF.EnvReview-North@state.ma.us
Division of Fisheries and Wildlife – https://www.mass.gov/orgs/division-of-fisheries-and-wildlife
Projects that involve silt-generating, in-water work that will impact a non-tidal perennial river or
stream and the in-water work will not occur between May 1 and August 30.
Obtain a written determination from the Division of Fisheries and Wildlife (DFW) as to whether
the proposed work requires a TOY restriction.
The proposed work does NOT require a TOY restriction.
The proposed work requires a TOY restriction. The DFW determination with TOY
restriction and other conditions is attached.
MassDEP Water Quality Certification
Project involves dredging of 100 cubic yards or more in a Resource Area or dredging of any
amount in an Outstanding Resource Water (ORW). A copy and proof of the MassDEP Water
Quality Certification pursuant to 314 CMR 9.00 is attached to the NOI.
This project is a Combined Permit Application for 401 Dredging and Restoration (BRP WW 26).
MassDEP Wetlands Restriction Order
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)?
Yes No
Department of Conservation and Recreation
Office of Dam Safety
For Dam Removal Projects, obtain a written determination from the Department of Conservation
and Recreation Office of Dam Safety that the dam is not subject to the jurisdiction of the Office
under 302 CMR 10.00, a written determination that the dam removal does not require a permit
under 302 CMR 10.00 or a permit authorizing the dam removal in accordance with 302 CMR
10.00 has been issued.
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Page 14 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
Required Actions (310 CMR 10.11) (cont.)
Areas of Critical Environmental Concern (ACECs)
Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or
MassDEP Website for ACEC locations).
Name of ACEC
Minimum Required Documents (310 CMR 10.12)
Complete the Required Documents Checklist below and provide supporting materials before submitting a
Notice of Intent Application for an Ecological Restoration Project.
This Notice of Intent meets all applicable requirements outlined in for Ecological Restoration Projects
in 310 CMR 10.12. Use the checklist below to ensure that all documentation is included with the NOI.
At a minimum, a Notice of Intent for an Ecological Restoration Project shall include the following:
Description of the project’s ecological restoration goals;
The location of the Ecological Restoration Project;
Description of the construction sequence for completing the project;
A map of the Areas Subject to Protection Under M.G.L. c. 131, § 40, that will be temporarily or
permanently altered by the project or include habitat for Rare Species, Habitat of Potential Regional
and Statewide Importance, eel grass beds, or Shellfish Suitability Areas.
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.) is attached with
documentation methodology.
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
If there is more than one property owner, attach a list of these property owners not listed on this
form.
Attach NOI Wetland Fee Transmittal Form.
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Project Narrative & Figures
Water & Wetland
6/23/2026
Barnstable
6/23/2026
noiappa.doc • rev 12/6/2023 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 15 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
City/Town
Minimum Required Documents (310 CMR 10.12)
An evaluation of any flood impacts that may affect the built environment, including without
limitation, buildings, wells, septic systems, roads or other man-made structures or infrastructure as
well as any proposed flood impact mitigation measures;
A plan for invasive species prevention and control;
The Natural Heritage and Endangered Species Program written determination in accordance with
310 CMR 10.11(2), if needed;
Any Time of Year restrictions and/or other conditions recommended by the Division of Marine
Fisheries or the Division of Fisheries and Wildlife in accordance with 310 CMR 10.11(3), (4), (5), if
needed;
Proof that notice was published in the Environmental Monitor as required by 310 CMR 10.11(1;
A certification by the applicant under the penalties of perjury that the project meets the eligibility
criteria set forth in 310 CMR 10.13;
If the Ecological Restoration Project involves the construction, repair, replacement or expansion of
infrastructure, an operation and maintenance plan to ensure that the infrastructure will continue to
function as designed;
If the project involves dredging of 100 cubic yards or more or dredging of any amount in an
Outstanding Resource Water, a Water Quality Certification issued by the Department pursuant to
314 CMR 9.00;
If the Ecological Restoration Project involves work on a stream crossing, information sufficient to
make the showing required by 310 CMR 10.24(10) for work in a coastal resource area and 310
CMR 10.53(8) for work in an inland resource area; and
If the Ecological Restoration Project involves work on a stream crossing, baseline photo-points
that capture longitudinal views of the crossing inlet, the crossing outlet and the upstream and
downstream channel beds during low flow conditions. The latitude and longitude coordinates of
the photo-points shall be included in the baseline data.
This project is subject to provisions of the MassDEP Stormwater Management Standards. A copy
of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR
10.05(6)(k)-(q) is attached.
Provide information as the whether the project has the potential to impact private water supply
wells including agricultural or aquacultural wells or surface water withdrawal points.
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Barnstable
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 - notice of lntent
Appendix A: Ecological Restoration Limited
Project Checklists City/Town
Massach usetts Wetlands Protection Act I\/.G.L. c. 131, S40
Certification that the Ecological Restoration Project Meets the
Eligibility Criteria
I hereby certi{y under penalties of perjury that the Ecological Restoration Project Notice of lntent
application does not meet the Eligibility criteria for an Ecological Restoration Order of Conditions set
forth in 310 CMR 10.13, but does meet the Eligibility Criteria for a Ecological Restoration Limited
Project set forth in 10.24(8) or 10.53(4) whichever is applicable" I certify that I am familiar with the
information contained in the application, and that to the best of my knowledge and belief such
information is true, complete, and accurate. I further certify that I possess the authority to undertake
the activities.
*-...As l{qs
Authorized Agent.$tl hl LL
Printed or Authorized Agent Date
The certification must be signed by the applicant; however, it may be signed by a duly authorized
agent (named in ltem 2) if this form is accompanied by a statement by the applicant designating the
agent and agreeing to furnish upon request, supplemental information in support of the application.
Notice of lntent Appendix A: Ecologiml Restoration Limited Proiect Eligibility Checklists '
Page 16 of 16
t,,7* prb,,y,".^ €nr,,,€
t {'ol'r.
noiappa.doc . rcv 1?,612023
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Barnstable
Barnstable
Barnstable
To: The Environmental Monitor
From: Water & Wetland
Date: April 15, 2026
Re: Notification of filing a Notice of Intent (NOI) for Cove Lane Pond
Anticipated Date of Submission: May 5, 2026
The proposed project is seeking approval to implement an Aquatic Plant Management
Program at Cove Lane Pond in Barnstable, MA. The program will focus on the reduction
and control of nuisance and invasive aquatic vegetation and algae through manual
removal and/or the use of USEPA/MA registered aquatic herbicides and algaecides. The
project aims to protect the interests of the Wetlands Protection Act by slowing
eutrophication and improving habitat value.
Reviewing Conservation Commission:
Barnstable Conservation Commission
230 Main St,
Hyannis, MA 02601
Copies of the Notice of Intent may be examined or acquired by contacting the
applicant’s representative, Water & Wetland, at info@waterandwetland.com, or 888493-
8526. Please see Conservation Commission website for the meeting schedule to confirm
exact dates and agendas.
Notice of Intent Application
Proposed Aquatic Management Program
Cove Lane Pond – Cummaquid, MA
Detailed Street Directions
The project is located at Cove Lane Pond, off Cove Lane in the village of Cummaquid, Town of Barnstable,
Massachusetts. From the intersection of Cove Lane and Main Street (Route 6A), proceed approximately 131.2
meters (approximately 430 feet) north along Cove Lane, then approximately 7 meters (approximately 23 feet) east
into the property identified as Assessor's Parcel 351_054. The pond spans three abutting parcels: 351_054,
351_060, and 351_061.
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 INTEN11
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.bamstable.ma. us/W ebLink/Browse.aspx?id=825530&dbid=0&repo=TownOffiams
table, by email to Kimberly.Cavanaugh@town.barnstable.ma.us or by calling (508-862-4093)
Steve Robinson
Cove Ln, Barnstable, MA 02675
351 054. 060, 061
Implementation of an Aquatic Management Program at Cove Lane
Pond to control nuisance algae and aquatic vegetation through
monitoring, limited hand-pulling, and selective application of
approved aquatic herbicides/algaecides. No dredging, filling, or
structural work proposed. Filed as an Ecological Restoration Limited
Project under the WPA and Barnstable Chapter 237.
Water & Wetland, PO Box 142,
South Grafton, MA 01560
Phone: (888) 493 - 8526
www.waterandwetland.com
COVE LANE POND
Printed Apr 14, 2026
Storm Surge (SLOSH 2022)
Potential Vernal Pools
NHESP Certified Vernal Pools
Areas of Critical Environmental Concern
ACECs Boundaries
Areas of Critical Environmental Concern
ACECs Transparent Green
Areas of Critical Environmental Concern
ACECs
NHESP Estimated Habitats of Rare
Wildlife
NHESP Priority Habitats of Rare Species
Map Features for Imagery
Printed Apr 14, 2026
Property Tax Parcels Boundaries
Potential Vernal Pools
NHESP Certified Vernal Pools
Areas of Critical Environmental Concern
ACECs Boundaries
Areas of Critical Environmental Concern
ACECs Transparent Green
Areas of Critical Environmental Concern
ACECs
NHESP Estimated Habitats of Rare
Wildlife
NHESP Priority Habitats of Rare Species
Map Features for Imagery
COVE LANE POND CLOSE-UP
.. .i.
Pond
.Ji_ J. - ..._ .J. I t. .,I. J. .... ... . ....
J,.. ..i.. ..........
i.. .J.,. Ji. ....
__,, ,Ill. ..Ir- .J,.. ....
)0 0.040.09 -------� 0.18
WATER & WETLAND
0.27 0.36 Miles
Cove Lane Pond
USGS Locus Map
Cummaquid, MA
00.01 0.04 ■::::::::::::=:::== Mi I es
USGS The National Map:
National Boundaries Dataset,
3DEP Elevation Program,
Geographic Names
I r.if.or.roation System, National
Hydrogr.ap�y Dataset,
National Lancttover,
<fo
N A
Cove Lane Pond Structures and Wetlands
Printed Apr 14, 2026
Airports
Building Structures (2-D)
DEP Wetlands Detailed With Outlines
Property Tax Parcels Boundaries
Potential Vernal Pools
NHESP Certified Vernal Pools
Areas of Critical Environmental Concern
ACECs Boundaries
f 1:4 ,514
I~
@n--=:I
Old Gorham
Farm CR
-
□ Barrier Beach System
Q Barrier Beach-Deep Marsh
[21 Barrier Beach-Wooded Swamp Mi xed Trees
E3 Barrier Beach-Coastal Beach
D Barrier Beach-Coastal Dune
□ Barrier Beach-Marsh
□ Barrier Beach-Salt Marsh
G Barrier Beach-Shrub Swamp
D Barrier Beach-Wooded Swamp Coniferous
[:) Barrier Beach-Wooded Swamp Deciduous
~ Bog
Ci] Coa sta l Bank Bluff or Sea Cliff
IITill Coa stal Beach
D Coastal Dune
D Cran berry Bog
□ Deep Mars h
w Barrier Beach-Open Water
,._J Open Water
D Rocky Intertidal Shore
EI;;:l Salt Marsh
.....::J Shallow Marsh Meadow or Fen
1:§:1 Shrub Swamp
[zJ Tidal Flat
~ Wooded Swamp Coniferous
~ Wooded Swamp Deciduous
~ Wooded Swamp Mi xed Trees
D
0
*
/ ROAD/RAIL BASED
/ RIVER BASED
/ WETLAND BASED
/ FLOODPLAIN BASED
/ TIDAL BASED
CO NTOUR BASED
/ POLITI CA L BOUNDARY
/ PROPERTY LINE BASED
/ OTHER
/ NOT DEFINED
Areas of Critical Environmental Concern
ACECs Transparent Green
Areas of Critical Environmental Concern
ACECs
NHESP Estimated Habitats of Rare
Wildlife
NHESP Priority Habitats of Rare Species
Map Features for Imagery
06/16/2026
Water & Wetland
134 Ferry Street
South Grafton, MA 01560
Re: Wetland Border Report
16 & 68 Cove Lane; 4224 Main Street, Barnstable, MA 02630
In May of 2026, wetland resources were delineated by Goddard Consulting, LLC (Goddard) for Water
& Wetland on land located on or near 16 & 68 Cove Lane; 4224 Main Street in Barnstable, MA (Parcel
IDs: 351_060, 351_054, 351_061). The wetland border was flagged using the criteria in the most recent
edition of MA Wetland Protection Act (WPA). Hydric soil indicators, vegetation changes, hydrological
indicators, and topography were all considered for delineation purposes.
Three Bordering Vegetated Wetlands (BVWs) were delineated onsite and were labeled as the A, C,
and D-series wetlands. They were delineated with flag series A1-A10, C1-C7, and D1-D3. The Bank
of a pond onsite was delineated with series B1-B21.
According to the MassGIS Natural Heritage and Endangered Species Program (NHESP) data layers,
the site is not located within Estimated Habitat of Rare Wildlife or Priority Habitat of Rare Species.
No mapped certified vernal pools are located on the site; however, the pond onsite is mapped as a
potential vernal pool and was investigated to determine if the pond meets the state criteria to function
as such. The site is not located within an Area of Critical Environmental Concern (ACEC) or an
Outstanding Resource Waters (ORW) area.
Enclosed documents are as follows:
DEP Bordering Vegetated Wetland Determination Form
USGS of Locus Site, Goddard Consulting, LLC, 06/15/2026
Orthophoto of Locus Site, Goddard Consulting, LLC, 06/15/2026
NRCS Soil Survey of Locus Site, Goddard Consulting, LLC, 06/15/2026
Delineated Wetland Resource Areas Map, Goddard Consulting, LLC, 06/16/2026
1.0 REGULATORY IMPLICATIONS & DELINEATION METHODOLOGY
1.1 WETLANDS PROTECTION ACT (WPA)
Inland resource areas were delineated in accordance with relevant federal, state, and local regulations.
As stated in 310 CMR (2)(a), “Bordering Vegetated Wetlands are freshwater wetlands which border
on creeks, rivers, streams, ponds and lakes. The types of freshwater wetlands are wet meadows,
marshes, swamps and bogs. Bordering Vegetated Wetlands are areas where the soils are saturated
and/or inundated such that they support a predominance of wetland indicator plants. The ground and
surface water regime and the vegetation community which occur in each type of freshwater wetland
are specified in M.G.L. c 131 sec. 40.”
The methodology used to delineate Bordering Vegetated Wetlands is detailed in: (1) the BVW Policy
“BVW: Bordering Vegetated Wetlands Delineation Criteria and Methodology,” issued March 1, 1995;
and (2) “Delineating Bordering Vegetated Wetlands Under the Massachusetts Wetlands Protection
16 & 68 Cove Lane; 4224 Main Street, Barnstable, MA
Wetland Border Report
Page | 2
Act: A Handbook,” produced by the Massachusetts Department of Environmental Protection, dated
September 2022.
1.2 BARNSTABLE WETLANDS BYLAW
The Barnstable Wetlands Bylaw (Chapter 237) grants additional resource area protections beyond the
WPA. This bylaw operates under the following jurisdiction as stated in § 237-2A: ‘Except as permitted
by the Conservation Commission or as provided in this chapter in § 237-3, no person shall remove,
fill, dredge, or alter in or within 100 feet of the following resource areas: surface water body, vegetated
wetland or unvegetated wetland; any land under said waters; and any land subject to flooding or
inundation by groundwater, surface water, tidal action or coastal storm flowage. In the event that the
Commission determines that an activity occurring beyond the limit of jurisdiction noted above is
having or has had a significant effect on the wetlands values of a resource area, the Commission may
require a notice of intent or determination of applicability for that activity’
2.0 DESCRIPTION OF REGULATED INLAND RESOURCE AREAS
The table below provides the regulatory jurisdiction, flag numbers and colors, and wetland types and
locations for the resource areas delineated.
Resource Area Regulatory Buffer
Zone Flag Numbers Flag Type Wetland Types and Locations
Bank 100-foot GC B1-A21 Blue flagging The Bank of the pond onsite.
BVW 100-foot GC A1-A10 Pink flagging BVW bordering the southwestern
edge of the pond.
BVW 100-foot GC C1-C7 Pink flagging BVW bordering the northeastern
edge of the pond.
BVW 100-foot GC D1-D3 Pink flagging BVW bordering the southeastern
edge of the pond.
2.1 VEGETATION
Plants observed onsite include red maple (Acer rubrum) (FAC), multiflora rose (Rosa multiflora) (FACU),
Morrow’s honeysuckle (Lonicera morrowii) (FACU), sensitive fern (Onoclea sensibilis) (FACW), jewelweed
(Impatiens capensis) (FACW), winterberry holly (Ilex verticillata) (FACW), and skunk cabbage (Symplocarpus
foetidus) (OBL). Plants in the adjacent upland include Norway maple (Acer platanoides) (UPL), sycamore
maple (Acer pseudoplatanus) (N/A), European spindle (Euonymus europaeus) (N/A), Morrow’s
honeysuckle, and garlic mustard (Alliaria petiolate) (FACU). Mowed lawn is also present in the upland.
Additional details are provided in the attached DEP Bordering Vegetated Wetland Determination
Form.
2.2 HYDROLOGY
The BVWs border the pond onsite. A USGS-mapped perennial stream flows into the pond through
a 12-inch culvert located underneath Cove Lane to the west of the pond. The pond is mapped as a
potential vernal pool, but was found to not meet the state criteria for a vernal pool (See section 5 for
more details). Evidence of wetland hydrology observed within the BVWs include: standing water,
saturated soils, water-stained leaves, woody plants with adventitious roots, and microtopographic
relief.
16 & 68 Cove Lane; 4224 Main Street, Barnstable, MA
Wetland Border Report
Page | 3
2.3 SOILS
The NRCS survey identified Maybid silt loam, Belgrade silt loam, and Nantucket sandy loam onsite.
Upgradient of the BVW at flag A5, soils consisted of 10YR3/4 fine sandy loam from 0–12 inches,
and 7.5YR3/4 sandy loam from 12-24+ inches. Downgradient of flag A5, soils consisted of 10YR2/2
fine sandy loam from 0-4 inches, and 10YR 4/2 fine sandy loam with 5% 7.5YR4/6 redox from 4-
24+ inches. There was saturation at 10 inches. Additional details are provided in the attached NRCS
soil map.
2.4 TOPOGRAPHY
The site in general slopes downhill towards the pond on all sides. Additional information on site
elevation and slope changes relevant to the delineation of BVW boundary points is provided in the
attached U.S. Geological Survey topographic maps.
3.0 BUFFER ZONE
Buffer Zone is defined in 310 CMR 10.04 as the “area of land extending 100 feet horizontally outward
from the boundary of any area specified in 310 CMR 10.02(1)(a)”.
Buffer Zone is cast by the Bank and BVWs delineated onsite.
4.0 BANK
The pond onsite has defined Bank. Bank is defined in 310 CMR 10.54 (2) as “the portion of the land
surface which normally abuts and confines a water body.[…]”. Buffer zone extends from the bank of
an intermittent stream for 100 feet according to the Massachusetts WPA.
5.0 LAND UNDER WATER BODIES AND WATER WAYS
Land under water bodies and water ways, as defined in 310 CMR 10.02, “means the bottom of, or
land under, the surface of the ocean or any estuary, creek, river, stream, pond, or lake.[…]”. The area
under the streams and the open water of the pond can be defined as land under water bodies and
water ways.
4.0 FEMA FLOOD ZONES
The MassGIS National Flood Hazard Layer provided by the Federal Emergency Management Agency
(FEMA) does not show any mapped FEMA flood zones onsite.
5.0 POTENTIAL VERNAL POOL
The pond located onsite is mapped as a potential vernal pool (PVP) according to NHESP data layers.
During the delineation, Goddard evaluated the pond to determine if it meets the state criteria for a
vernal pool. A visual search was conducted for evidence of breeding by common obligate indicator
species such as yellow-spotted salamanders (Ambystoma maculatum), wood frogs (Lithobates sylvaticus),
and fairy shrimp (Eubranchipus spp). The survey was conducted on a sunny day. Polarized sunglasses
and dip nets were used during the survey.
16 & 68 Cove Lane; 4224 Main Street, Barnstable, MA
Wetland Border Report
Page | 4
No evidence of obligate vernal pool species was observed. Adult green frogs (Lithobates clamitans) and
bullfrogs (Lithobates catesbeianus) were abundant throughout the pond edges, but no other amphibians
were observed. No fairy shrimp were observed. Historic aerial photos consistently show the
waterbody as a similar size at all times of year, suggesting that the waterbody is permanent and does
not dry out. Other indicators of the waterbody’s permanent condition include the presence of green
frogs and bullfrogs, which require permanent or semi-permanent waterbodies to complete their
lifecycle. The waterbody is also connected to a USGS-mapped perennial stream which flows through
a culvert underneath Cove Lane at the western edge of the waterbody. Flow was observed from the
culvert into the pond at the time of the survey.
These findings suggest that the mapped potential vernal pool is a permanent waterbody which does
not meet the biological criteria to support vernal pool species or to be considered a vernal pool under
state regulations.
6.0 CONCLUSION
Based on hydric soil indicators, vegetation, hydrologic indicators, and site topography, the A-series,
C-series, and D-series were identified as the boundaries of the BVWs bordering the pond onsite onsite.
Bank of the pond onsite was delineated with the B-series. The site is not located within Estimated or
Priority Habitat of Rare Wildlife and is not located within an Area of Critical Environmental Concern
(ACEC). The pond is mapped as a potential vernal pool, but our findings suggest it is a permanent
waterbody which does not meet the biological criteria to support vernal pool species or to be
considered a vernal pool under state regulations.
If you have any questions, please feel free to contact us at (508) 393-3784.
Sincerely,
Goddard Consulting, LLC
Steven Riberdy, MS, PWS, CWB, CE, CERP, PSS
Senior Ecologist / Palmer Office Manager
Mark Rubin
Wildlife & Wetland Biologist
16 & 68 Cove Lane; 4224 Main Street, Barnstable, MA
Wetland Border Report
Page | 5
PHOTOS
Photo 1. Pond viewed from Cove Lane
Photo 2. Wetland A
16 & 68 Cove Lane; 4224 Main Street, Barnstable, MA
Wetland Border Report
Page | 6
Photo 3. Upland adjacent to Wetland A
Photo 4. Pond Bank
16 & 68 Cove Lane; 4224 Main Street, Barnstable, MA
Wetland Border Report
Page | 7
Photo 5. Wetland soil downgradient of flag A5
Photo 6. Upland soil upgradient of flag A5
Project/Site: City/Town: Sampling Date: 5/28/2026
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 No X (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 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.
Water & Wetland A5
Mark Rubin 41.70305569406166, -70.26907679955546
N/A, bordering PUBHxNantucket sandy loam, 8 to 15 percent slopes
BORDERING VEGETATED WETLAND DETERMINATION FORM
Level 2 - Significant Drought
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?
16 & 68 Cove Lane; 4224 Main Street Barnstable, MA
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 A5
VEGETATION – Use both common and scientific names of plants.
Tree Stratum Plot size
% Dominant
1 85.7%
2 14.3%
3
4
5
6
7
8
9
=Total Cover
Shrub/Sapling Stratum Plot size
% Dominant
1 50.0%
2 50.0%
3
4
5
6
7
8
9
=Total Cover
Herb Stratum Plot size
% Dominant
1 96.6%
2 3.4%
3
4
5
6
7
8
9
10
11
12
=Total Cover
21.0%
88.5%
Cleavers Galium aparine FACU 3.0%
Wetland Indictor?
(yes/no)
Garlic Mustard Alliaria petiolata FACU 85.5% X
5'
Common Name Scientific name
Indicator
Status
Absolute %
Cover
Dominant?
(yes/no)
American Holly Ilex opaca FACU 10.5% X
Morrow's Honeysuckle Lonicera morrowii FACU 10.5% X
15'
Common Name Scientific name
Absolute %
Cover
Dominant?
(yes/no)
Wetland Indictor?
(yes/no)
Indicator
Status
73.5%
FAC X10.5%
Wetland Indictor?
(yes/no)
Dominant?
(yes/no)
Absolute %
Cover
Indicator
Status
Acer rubrum
30'
Common Name Scientific name
Norway Maple Acer platanoides UPL 63.0% X
Red Maple
VEGETATION – continued.
Woody Vine Stratum Plot size
% Dominant
1 33.3%
2 33.3%
3 33.3%
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%
821%
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%
11%
192%
4.27
315%
Multiply by:Total % Cover
(all strata)
FACW species
FAC species
FACU species
UPL species
119%
63%
Dominance Test:
Result
0%
0%
32%
474%
Number of dominant species Number of dominant species that are wetland indicator plants Do wetland indicator plants make up ≥ 50% of dominant plant species?
07
30'
Asian Bittersweet Celastrus orbiculatus FACU 3.0% X
English Ivy Hedera helix FACU 3.0% X
Dominant?
(yes/no)
Wetland Indictor?
(yes/no)
Virginia Creeper Parthenocissus quinquefolia FACU 3.0% X
Common Name Scientific name
Indicator
Status
Absolute %
Cover
9.0%
Sampling Point
SOIL
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators)
% % Remarks
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) Iron-Manganese Masses (F12)
Hydrogen Sulfide (A4) Thin Dark Surface (S9) Mesic Spodic (A17)
Stratified Layers (A5) Loamy Mucky Mineral (F1) Red Parent Material (F21)
Depleted Below Dark Surface (A11) Loamy Gleyed Matrix (F2) Very Shallow Dark Surface (TF12)
Thick Dark Surface (A12) Depleted Matrix (F3) Other (Include Explanation in Remarks)
Sandy Mucky Mineral (S1) Redox Dark Surface (F6)
Sandy Gleyed Matrix (S4) Depleted Dark Surface (F7)
Dark Surface (S7) Redox Depressions (F8)
Restrictive Layer (if observed)Type:Depth (inches):
Remarks
Hydric Soils criterion met? Yes No X
Color (moist) Color (moist) Texture
Location2Type1
Matrix Redox Features
1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains 2Location: PL=Pore Lining, M=Matrix
fine sandy loam
sandy loam
10YR3/4
7.5YR3/4
Depth
(inches)
0-12
12-24+
Are climatic/hydrologic conditions on the site typical for this time of year? Yes No X (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 No X Depth (in)
Water Table Present? Yes No X 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
Scoured areas
X Sediment deposits
Surface soil cracks
Sparsely vegetated concave
(aerenchyma) roots surface
X Microtopographic relief
X Geographic position (depression,
X 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
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
10
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?
Level 2 - Significant Drought
Field Observations:
Surface Water Present?
Sampling Point
VEGETATION – Use both common and scientific names of plants.
Tree Stratum Plot size
% Dominant
1 100.0%
2
3
4
5
6
7
8
9
=Total Cover
Shrub/Sapling Stratum Plot size
% Dominant
1 53.8%
2 15.4%
3 15.4%
4 15.4%
5
6
7
8
9
=Total Cover
Herb Stratum Plot size
% Dominant
1 42.5%
2 42.5%
3 11.7%
4 3.4%
5
6
7
8
9
10
11
12
=Total Cover89.5%
Skunk-Cabbage Symplocarpus foetidus OBL 10.5% X
Smartweed Polygonum sp. FACW 3.0% X
Sensitive Fern Onoclea sensibilis FACW 38.0% X X
Spotted Jewelweed Impatiens capensis FACW 38.0% X X
19.5%
5'
Common Name Scientific name Indicator Absolute % Dominant? Wetland Indictor?
Morrow's Honeysuckle Lonicera morrowii FACU 3.0%
Multiflora Rose Rosa multiflora FACU 3.0%
Northern Arrowwood Viburnum recognitum FAC 10.5% X X
Common Winterberry Ilex verticillata FACW 3.0% X
85.5%
15'
Common Name Scientific name Indicator Absolute % Dominant? Wetland Indictor?
Red Maple Acer rubrum FAC 85.5% X X
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) 195% 487%
2.50
Cover Ranges
Range
1-5 %
6-15 %
Prevalence Index:
OBL species
Total % Cover Multiply by: Result
11% x1 11%
FACW species 82% x2 164%
FAC species 96% x3 288%
FACU species 6% x4 24%
UPL species 0% x5 0%
0.0%
Dominance Test:Number of dominant species Number of dominant species that are wetland indicator plants Do wetland indicator plants make up ≥ 50% of the dominant plant species?
4 4
30'
Common Name Scientific name Indicator Absolute % Dominant? Wetland Indictor?
Sampling Point
SOIL
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators)
% % Remarks
100
0.95
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) Iron-Manganese Masses (F12)
Hydrogen Sulfide (A4) Thin Dark Surface (S9) Mesic Spodic (A17)
Stratified Layers (A5) Loamy Mucky Mineral (F1) Red Parent Material (F21)
Depleted Below Dark Surface (A11) Loamy Gleyed Matrix (F2) Very Shallow Dark Surface (TF12)
Thick Dark Surface (A12) Depleted Matrix (F3) Other (Include Explanation in Remarks)
Sandy Mucky Mineral (S1) X Redox Dark Surface (F6)
Sandy Gleyed Matrix (S4) Depleted Dark Surface (F7)
Dark Surface (S7) Redox Depressions (F8)
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
0-4 10YR2/2 fine sandy loam
4-24+ 10YR4/2 7.5YR4/6 C=Concentration fine sandy loam
Depth Matrix Redox Features
(inches) Color (moist) Color (moist)
Type1 Location2
Potential Vernal Pool Survey
for
16 & 68 Cove Lane; 4224 Main Street
Barnstable, MA 02630
DATE:
June 16, 2026
PREPARED BY:
Goddard Consulting LLC
1442 North Main Street
Palmer, MA 01069
PREPARED FOR:
Water & Wetland
134 Ferry Street
South Grafton, MA 01560
16 & 68 Cove Lane; 4224 Main St, Barnstable, MA
Vernal Pool Survey Report
Page | 1
VERNAL POOL SURVEY REPORT
16 & 68 Cove Lane; 4224 Main Street, Barnstable, MA 02630 (Parcel IDs: 351_060, 351_054, 351_061)
1.0 INTRODUCTION
Goddard Consulting, LLC performed a survey on May 28, 2026, to inspect a waterbody located at 16 & 68 Cove
Lane; and 4224 Main Street in Barnstable, MA (Parcel IDs: 351_060, 351_054, 351_061). The waterbody is mapped
as a Potential Vernal Pool according to Natural Heritage and Endangered Species Program (NHESP) maps. Figure 1
below shows a USGS map of the surrounding area, and Figure 2 shows a MassGIS aerial of the surveyed area.
Figure 1. USGS topographic quadrangle map of area. Figure 2. MassGIS aerial of surveyed area.
2.0 METHODOLOGY
The survey was performed on May 28, 2026. A visual search was conducted for evidence of breeding by common
obligate indicator species such as spotted salamanders (Ambystoma maculatum), wood frogs (Lithobates sylvaticus), and
fairy shrimp (Eubranchipus vernalis). The survey was performed on a partly cloudy day. Polarized sunglasses and dip
nets were used during the survey.
3.0 FINDINGS
No egg masses of wood frog, spotted salamander or any other amphibian species were seen during the survey. No
amphibian larvae were observed either. Adult green frogs (Lithobates clamitans) and bullfrogs (Lithobates catesbeianus)
were present along the edges of the waterbody. No other adult amphibians were observed. No fairy shrimp were
observed. No fish were observed in the pond; however, water turbidity and a surface covering of pollen limited
visibility within the water.
Location of
Potential
Vernal Pool
Location of
Potential
Vernal Pool
16 & 68 Cove Lane; 4224 Main St, Barnstable, MA
Vernal Pool Survey Report
Page | 2
Historic aerial photos consistently show the waterbody as a similar size at all times of year, suggesting that the
waterbody is permanent and does not dry out. Other indicators of the waterbody’s permanent condition include the
presence of green frogs and bullfrogs, which require permanent or semi-permanent waterbodies to complete their
lifecycle. The waterbody is also connected to a USGS-mapped perennial stream which flows through a 12-inch culvert
underneath Cove Lane at the western edge of the waterbody. Flow was observed from the culvert into the pond at
the time of the survey.
These findings suggest that the mapped potential vernal pool is a permanent waterbody which does not meet the
biological criteria to support vernal pool species or to be considered a vernal pool under state regulations.
4.0 SITE PHOTOS
Photo 1. The surveyed waterbody viewed from Cove Lane.
16 & 68 Cove Lane; 4224 Main St, Barnstable, MA
Vernal Pool Survey Report
Page | 3
Photo 2. Culvert on the eastern side of Cove Lane, above the potential vernal pool.
Photo 3. Culvert on the stream (western) side of Cove Lane.
16 & 68 Cove Lane; 4224 Main St, Barnstable, MA
Vernal Pool Survey Report
Page | 4
5.0 CONCLUSION
Since no signs of any other obligate or facultative vernal pool species were seen, the pool does not appear to meet the
biological criteria required to support vernal pool species. In addition, the culvert connection and apparent permanent
condition of the waterbody suggests that it has the potential to support a fish population, although no fish were
observed at the time of the survey. This evidence suggests that the pool likely does not support vernal pool species
and does not meet the state criteria to be considered a vernal pool.
Please feel free to contact us if you have any questions.
Sincerely,
Goddard Consulting, LLC
Steven Riberdy, MS, PWS, CWB, CE, CERP, PSS
Senior Ecologist / Palmer Office Manager
Mark Rubin
Wildlife & Wetland Biologist
Chap 707/rev. March 2026 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.barnstable.gov/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)
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.barnstable.gov/Conservation/
Town of Barnstable
Conservation Commission
230 South Street
Hyannis Massachusetts 02601
Office: 508-862-4093 E-mail: conservation@barnstable.gov
x
x
x
x
x
x
x
x
x
x
x
Chap 707/rev. March 2026 Page 2
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. Will be completed post- Conservation Commission approval
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.
_______________________________________ 7/16/2026
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.
Failure to have the site properly staked may result in the hearing being continued.
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 of the legal ad fee prior to the hearing. The exact amount
of the fee will be pre-calculated and posted on the Conservation Commission agenda on the
Town Clerks website the Thursday before the hearing. Payment of the legal ad fee must be
made by check (payable to the Town of Barnstable) and delivered to the Conservation office
either by hand-delivery or by mail (Barnstable Conservation, 230 South Street, Hyannis, MA
02601). Will be completed upon meeting agenda posting
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.
x
x
x
x
x
x
Chap 707/rev. March 2026 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.barnstable.gov/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 a copy of a U.S.G.S. locus map indicating the general area of the project site.
f.Provide a check for the Town of Barnstable portion of the required filing fee. (The portion
payable to the Commonwealth, see 7. e. below)
g.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.
f.The plan shall clearly show the work limit line.
7.SUBMISSION OF THE COMPLETED APPLICATION WITH PLANS:
a.Email NOI application and all associated materials in PDF format to
Kimberly.Cavanaugh@barnstable.gov AND Edwin.Hoopes@barnstable.gov .
Do not include copies of checks.
It is recommended that the email is sent for review in advance of submitting the paper portion of
the filing to ensure it will be accepted.
All attachments must be named with the hearing date (year first), type, name, address. Example
20220301 NOI Smith 21 Main Street
x
x
x
x
x
x
x
x
□b.
□C.
□d.
□e.
□f.
□g.
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; Will be completed
post- Conservation Commission approval
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.* Will be completed post- Conservation Commission approval
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. Will be completed post- Conservation Commission approval
For roadway construction or repair projects, provide 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.
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:
I) shellfishNOI@bamstable.gov. (Email must be sent the same day as submission to theConservation Division); and
2)conservationprojects@bamstable.gov
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
Af fairs (MEA), 1189 Phinney's Ln., Centerville, MA 02632. In addition, email a (PDF) version
to:
I)harbormaster@bamstable.gov. (Email must be sent the same day as submission to the
Conservation Division); and
2)conservationprojects@barnstable.gov
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: Ifa revised plan needs to be submitted prior to a hearing, please follow same instructions as 7. b. above (and submit to otherentities as may be applicable). Plan revisions must be clearly noted and dated in the revision block. (The same individual whostamped the original plan must also stamp and sign the revised plan).Submitted this _15_ day of __July___ in the year _2026_ in accordance with the Town of Barnstable
"Regulation Governing Minimum Submission Requirements for a Notice of Intent Application" by:
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Owner I Applicant
Owner's Authorized Agent Approved: May 28, 1997Revised: May 12, 2015 Si
Signature Revised: August 23, with minor rev. Sept. 6, 2016Chap 707 /rev. March 2026 Telephone Number
Telephone Number Revised March 15, 2022 Revised February 5, 2025Revised March 17, 2026 Page 4Colin Gosselin
Water & Wetland 508-259-3153