HomeMy WebLinkAbout20230523 NOI Mojo Shell Lane Pond 1179 Main Street v2
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA i
TABLE OF CONTENTS
WPA FORM 3 – NOTICE OF INTENT
WPA FORM 3, APPENDIX A: ECOLOGICAL RESTORATION LIMITED PROJECT
CHECKLIST
TOWN OF BARNSTABLE NOI CHECKLIST
ATTACHMENT A – Project Narrative
1.0 INTRODUCTION ......................................................................................... 1
2.0 PROJECT DESCRIPTION .............................................................................. 1
2.1 Treatment Description ......................................................................................... 1
2.2 Treatment Methods ............................................................................................. 2
2.2.1 Pre-Season Survey and Permitting........................................................... 2
2.2.2 Herbicide Treatment ................................................................................. 2
2.2.3 End-of-Year Survey and Report ............................................................... 3
2.3 Monitoring ........................................................................................................... 3
3.0 IMPACT ASSESSMENT ............................................................................... 4
3.1 Inland Bank ......................................................................................................... 4
3.2 Bordering Vegetated Wetland ............................................................................. 4
3.3 Land Under Water Bodies and Waterways.......................................................... 5
3.4 Massachusetts Natural Heritage and Endangered Species Act Review .............. 5
3.5 Impacts and Mitigation ........................................................................................ 5
4.0 REGULATORY COMPLIANCE AND PERFORMANCE STANDARDS ................. 6
4.1 Massachusetts Wetlands Protection Act ............................................................. 6
4.1.1 Land Under Water Bodies and Waterways WPA Performance Standards 6
4.1.2 Inland Bank .............................................................................................. 7
4.2 MassDEP License to Apply Chemicals ............................................................... 9
4.3 Massachusetts Environmental Policy Act ............................................................ 9
4.4 Massachusetts Endangered Species Act ............................................................ 9
5.0 ALTERNATIVES ANALYSIS .......................................................................... 9
6.0 CONCLUSION........................................................................................... 10
ATTACHMENT B – Figures
Figure 1 Resource and Treatment Map
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA ii
Figure 2 USGS Locus Map
ATTACHMENT C – Abutter Information
ATTACHMENT D – Environmental Monitor Publication
ATTACHMENT E – Parcel List and Landowner Permissions
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA
WPA FORM 3 – NOTICE OF INTENT
wpaform3.doc • rev. 6/18/2020 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
Cotuit
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):
Various - see Page 1-1 Cotuit
b. City/Town
02635
c. Zip Code
41.610199
d. Latitude
-70.440673
e. Longitude
a.Street Address
Latitude and Longitude:
Various - See Page 1-1
f.Assessors Map/Plat Number
Various - See Page 1-1
g. Parcel /Lot Number
2.Applicant:
Steven
a. First Name
Mojo
b. Last Name
N/A
c. Organization
1179 Main Street
d. Street Address
Cotuit
e. City/Town
MA
f. State
02635
g. Zip Code
508-420-0657
h. Phone Number
N/A
i. Fax Number
steve.mojo@gmail.com
j. Email Address
Check if more than one owner 3.Property owner (required if different from applicant):
Various - See Page 1-1
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):
Carl
a. First Name
Nielsen
b. Last Name
TRC Companies, Inc.
c. Company
650 Suffolk Street
d. Street Address
Lowell
e. City/Town
MA
f. State
01854
g. Zip Code
401.524.5108
h. Phone Number
N/A
i. Fax Number
CNielsen@TRCcompanies.com
j. Email address
5.Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
500
a. Total Fee Paid
237.50
b. State Fee Paid
262.50
c. City/Town Fee Paid
Owner Owner Mailing Address Parcel Address Assessor's Map
Number Parcel/Lot Number Book Page
Manning, Michael T & Mary A PO Box 1410, Cotuit MA 119 Shell Lane 19 101-002 8684 11
35 Hull Lane LLC 31 Montrose Street, Newton,
MA 02458 35 Hull Lane 19 162 30560 347
Mojo, Steven A & Jean N Trs N/A - same as street address 1179 Main Street 19 130-002 C207688 0
Christine Scanlon TR N/A - same as street address 127 Shell Lane 19 158 8165 151
Cavallon, Courtney E &
Cavallon Rebello, Whiteny L N/A - same as street address 121 Shell Lane 19 159 7401 327
Page 1-1
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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
Cotuit
City/Town
A. General Information (continued)
6.General Project Description:
Reinstate an Aquatic Plant Management Program at Shell Lane Pond for the purpose of controlling
growth of nuisance aquatic plant species.
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)
Other restoration projects: "the removal of aquatic nuisance vegetation to retard pond and lake
eutrophication"
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:
Various - See Page 1-1
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. 6/18/2020 Page 3 of 9
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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
Cotuit
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 6
1. linear feet 2. linear feet
b. Bordering Vegetated
Wetland
435
1.square feet 2.square feet
c. Land Under
Waterbodies and
Waterways
53013
1. square feet 2.square feet
0
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. 6/18/2020 Page 4 of 9
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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
Cotuit
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. 6/18/2020 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
Cotuit
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. 6/18/2020 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
Cotuit
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 - Cohasset 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 - Hull 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).
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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
Cotuit
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. 6/18/2020 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
Cotuit
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:
5471
2.Municipal Check Number
4/19/2023
3.Check date
5470
4.State Check Number
4/19/2023
5.Check date
Steven
6.Payor name on check: First Name
Mojo
7.Payor name on check: Last Name
wpaform3.doc • rev. 6/18/2020 Page 9 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
Cotuit
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 M.G.L. c. 131, § 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 location.
1. Signature of Applicant 2.Date
3.Signature of Property Owner (if different)4.Date
5.Signature of Representative (if any)6.Date
For Conservation Commission:
Two copies of the completed Notice of Intent (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 Intent (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
MassDEP Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the “yes” box in any part of Section C, Item 3, above, refer to that
section and the Instructions 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 Intent.
Steven A Mojo
5/8/2023
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:
Shell Lane Pond
a. Street Address
Cotuit
b.City/Town
5470, 5471
c.Check number
$237.50; $262.50
d.Fee amount
2.Applicant Mailing Address:
Steven
a.First Name
Mojo
b.Last Name
c. Organization
Box 1481
d. Mailing Address
Cotuit
e.City/Town
MA
f. State
02635
g.Zip Code
508-420-0657
h.Phone Number i. Fax Number
steve.mojo@gmail.com
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
Category 2e: inland limited projects
minus road crossings/agriculture
1 $500 $500
Step 5/Total Project Fee: $500
Step 6/Fee Payments:
Total Project Fee: $500
a.Total Fee from Step 5
State share of filing Fee: $237.50
b.1/2 Total Fee less $12.50
City/Town share of filling Fee: $262.50
c.1/2 Total Fee plus $12.50
C. Submittal Requirements
a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to
the Commonwealth of Massachusetts.
Department of Environmental Protection
Box 4062
Boston, MA 02211
b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of
this form; and the city/town fee payment.
To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of
Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these
electronically.)
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA
WPA FORM 3, APPENDIX A: ECOLOGICAL RESTORATION LIMITED
PROJECT CHECKLIST
noiappa.doc • rev 6/9/2021 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
Cotuit
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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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
Cotuit
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.
noiappa.doc • rev 6/9/2021 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
Cotuit
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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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
Cotuit
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;
noiappa.doc • rev 6/9/2021 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
Cotuit
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): Nuisance aquatic vegetation management
noiappa.doc • rev 6/9/2021 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
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
Cotuit
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
Cotuit
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
Cotuit
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.
noiappa.doc • rev 6/9/2021 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
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
Cotuit
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.
noiappa.doc • rev 6/9/2021 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
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
Cotuit
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
Cotuit
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:
noiappa.doc • rev 6/9/2021 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
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
Cotuit
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.
noiappa.doc • rev 6/9/2021 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
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
Cotuit
City/Town
Required Actions (310 CMR 10.11) (cont.)
Send the request for a written or electronic determination to:
South Shore – Cohasset 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 – Hull 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.
noiappa.doc • rev 6/9/2021 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
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
Cotuit
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.
Shell Lane Pond Aquatic Vegetation Management
a.Plan Title
M.Billings
b.Prepared by
N/A - no engineering
c.Signed and Stamped by
4/11/2023
d.Final Revision Date
1" = 200'
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.
noiappa.doc • rev 6/9/2021 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
Cotuit
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.
noiappa.doc • rev 6/9/2021 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 16 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
Cotuit
City/Town
Certification that the Ecological Restoration Project Meets the
Eligibility Criteria
I hereby certify under penalties of perjury that the Ecological Restoration Project Notice of Intent
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 proposed activities.
Signature of Applicant or Authorized Agent
Printed Name of Applicant or Authorized Agent Date
The certification must be signed by the applicant; however, it may be signed by a duly authorized
agent (named in Item 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.
Steven A Mojo
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA
TOWN OF BARNSTABLE NOI CHECKLIST
Chap 707/rev. March 2022 Page 1
CHAPTER 707
Regulation Governing Minimum Submission
Requirements for a Notice of Intent Application
The Barnstable Conservation Commission has adopted the following requirements in order to obtain more
consistently complete submission documents necessary for a thorough and efficient review of all Notice of Intent
(NOI) applications. Failure to complete any of the items in this checklist may result in your application being
denied.
Applicant or applicant’s agent should check each box denoting that the task has been completed or in certain
instances, like field staking, denoting that the task will be completed. The following submission checklist covers the
requirements of Chapter 237, Wetlands Protection, of the Part I General Ordinances of the Code of the Town of
Barnstable. This checklist shall be submitted to the Barnstable Conservation Division with the NOI application.
1.Requirements
a.The applicant understands, unless they’ve instructed otherwise, they are applying both
under the Massachusetts Wetlands Protection Act M.G.L. c.131,§40 and
Chapter 237 of the Town of Barnstable General Ordinances.
b.Attach a written narrative to the NOI application (WPA Form 3), available at:
www.mass.gov/eea/agencies/massdep/service/approvals/wpa-form-3.html
describing any project impacts and proposed mitigation as they relate to the following:
1)Any of the interests of Chapter 237 of the General Ordinances and the MassDEP
Wetlands Protection Act M.G.L. 131, §40.
2)The performance standards contained in the MassDEP Wetlands Protection Regulations
(310 CMR 10.00)
3)Chapter 704: Regulation Governing Activity in the 100-ft. Buffer Zone.
4)Chapter 703: Private Docks and Piers.
5)Any other applicable regulations (310 CMR 10.00 or as promulgated under Chapter 237
of the General Ordinances).
c.Enclose proper payment to cover the fee for Chapter 237 filings. Consult current Fee
Schedule at www.townofbarnstable.us/Conservation
d.Please indicate who is to record the Order of Conditions (check one):
Applicant Agent
2.Abutter Notification (See Abutter Notification Regulation, Chapter 706)
Town of Barnstable
Conservation Commission
230 South Street
Hyannis Massachusetts 02601
Office: 508-862-4093 E-mail: conservation@town.barnstable.ma.us
X
Chap 707/rev. March 2022 Page 2
a.Contact the Conservation Division office at (508) 862-4093 regarding the docketing
process, or see current schedule of Conservation Hearings and submission deadlines at:
www.townofbarnstable.us/Conservation/
b.Provide a copy of the list of abutters within a 100 ft radius of the project parcel.
c.Provide a copy of the Assessor’s Map indicating the parcel of the project site and
showing the 100 ft radius of the project parcel.
d.Provide a copy of the abutter notification letter. Use t he form letter provided in our Abutter
Notification Regulation (Chapter 706), available on the Conservation Division
website.
e.Bring the green return receipts, from the certified mai lings to the abutters, as proof of
notification to the public hearing. If any mailings are returned, bring the entire envelope,
indicating by postal service stamp the reason for return. You will retain the receipts
afterwards, not the Conservation Division.
f.I further certify under the penalties of perjury that all abutte rs were notified of the Notice of
Intent Application, pursuant to the requirements of Chapter 237 of the General Ordinances of the
Code of the Town of Barnstable. Notice must be made in writing by certified mail to all abutters
within 100 ft of the property line of the project location.
_______________________________________
Signature of Applicant or Representative Date
3.Field Staking:
a.On or before Tuesday, @ 8:30 a.m., one week prior to the scheduled public hearing, have
your project staked by a professional engineer or registered land surveyor showing all
outside corners of all proposed structures and the continuous proposed “limit of work” line.
b.Have a wetland scientist or other qualified professional flag all wetland res ource areas on or
within 100 ft of the work area. Make sure that the flags are sequentially numbered.
c.Provide a project identification stake with bright painted top and applicant name and address,
easily visible from the street approaching the site.
4.Legal Advertisement Fees:
a.Conservation will submit the legal ad for publication in a local newspaper. The applicant or
his/her agent is responsible for payment, by check (payable to the Town of Barnstable), at the
hearing or by mail. The cost of the legal ad will be pre-calculated and posted on the hearing
agenda prior to the hearing.
5.Minimum Documentation for a Complete Application:
a.Provide a completely filled-out (in all parts) NOI application as locally
adopted for the Town of Barnstable, including MassDEP Vegetated Wetland Field Data Form.
Indicate Assessor’s map and parcel of the project, as well as the street or road address, and
pertinent village (i.e., Hyannis, Centerville, Barnstable, etc).
b.Provide two (2) original project plans, stamped in blue or red ink (wet stamp). Plans must be
signed and dated by a Massachusetts licensed, professional engineer, land surveyor, architect or
landscape architect (as applicable), and shall be drawn at a readable scale (1" = 20' preferred).
For multi-acre sites, a second site plan, drawn at larger scale showing the entire site, should also
be provided.
Steven A Mojo
Chap 707/rev. March 2022 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 prior to NOI being docketed and application advertised.
Form PA is available at www.townofbarnstable.us/Conservation/. Do not send the abutter letter
out until the form is submitted to the Conservation Division office.
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 species list (chosen from the Town of Barnstable Conservation
Commission approved planting lists), sizes, densities and/or quantities. The plan shall
also provide area calculations between 0 to 50 and 50 to 100 separately for the amount of
mitigation planting required, and the amount of mitigation planting proposed.
e.Provide detailed, written street directions to the locus (site).
f.Provide a copy of a U.S.G.S. locus map indicating the general area of the project site.
g.Provide a check for the Town of Barnstable portion of the required filing fee. (The portion
payable to the Commonwealth, see 7. e. below)
h.Provide any other documentation, photographs, architectural renderings or other supporting data
prepared by professionals competent in the field which may be relevant to the application.
6.The site plan shall also show:
a.All existing and proposed contours at 2-ft. minimum intervals (1-ft. preferred).
b.Clear delineation of all existing and proposed structures and features. Building structures must
be accurately dimensioned (fixed location) from property lines and wetland resource a reas. Plans
shall provide sufficient detail to show all potential wetland impacts, mitigation, compensatory
areas, engineered structures, utilities, landscaping, etc. within the area of jurisdiction. On
complicated sites, existing and proposed conditions must be shown on separate sheets.
c.Locus inset map of the site clearly showing its location relative to surrounding public streets.
d.All wetland resource area flags by individual flag number (matched to the field) to clearly
identify all resource areas on or within 100 feet of the work area. The individual who performed
the flagging and date of flagging shall be identified on the plan next to the resource line.
e. Section views showing changes in grade, cuts and fills.
7.SUBMISSION OF THE COMPLETED APPLICATION WITH PLANS:
a.Provide a signed Permission to Access Property, Form PA. The form must be signed by the property
Owner, or legal representative and submitted prior to NOI being docketed and application advertised .
Form PA is available at www.townofbarnstable.us/Conservation/. Do not send the abutter letter
out until the form is submitted to the Conservation Division office.
b.Email NOI application and all associated materials in PDF format to
Kimberly.Cavanaugh@town.barnstable.ma.us AND Darcy.Karle@town.barnstable.ma.us .
Do not include copies of checks.
All attachments must be named with the hearing date (year first), type, name, address. Examples
20220301 NOI Smith 21 Main Street or 2022031 NOI Plan Smith 21 Main Street.
c.Provide two (2) full NOI applications with folded plans (colored ink stamp) with signature/date
to the Town of Barnstable Conservation Division Office for administrative use;
N/A - Noengineeringor new structures,all work iswithinresourceareas
Chap 707/rev. March 2022 Page 4
d.Provide seven (7) additional 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.*
e.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
02346. Send MassDEP portion of filing fee to: MA Department of En vironmental Protection, Box
4062, Boston, MA 02211.
f.For roadway construction or repair projects, provid e one electronic copy of the NOI and plans to
the Senior Project Manager Special Projects, c/o the Town of Barnstable Department of Public
Works, 382 Falmouth Road, Hyannis, MA 02601.
g.For coastal piers, dredging, coastal engineering structures or other coastal erosion control
projects, provide two hard copies of the NOI and plans to the Shellfish Biologist, c/o
Town of Barnstable Natural Resources, 1189 Phinney’s Ln., Centerville, MA 02632. In
addition, email a (PDF) version to:
1)shellfishNOI@town.barnstable.ma.us. (Email must be sent the same day as submission
to the Conservation Division); and
2)conservationprojects@town.barnstable.ma.us
h.Also, for coastal piers, dredging, coastal engineering structures, provide two hard copies
of the NOI and plans to the Harbormaster, c/o Town of Barnstable Marine and Environmental
Affairs (MEA), 1189 Phinney’s Ln., Centerville, MA 02632. In addition, email a (PDF) version
to:
1)harbormaster@town.barnstable.ma.us. (Email must be sent the same day as submission
to the Conservation Division); and
2)conservationprojects@town.barnstable.ma.us
Note: Please title the file for your NOI project as follows: a. Submission date, b. Last name of applicant,
c. Map/parcel of property, e.g., 082316-Smith-076024.
*Note: If a revised plan needs to be submitted prior to a hearing, please follow same instructions as 7. b. above (and submit to other
entities as may be applicable). Plan revisions must be clearly noted and dated in the revision block. (The same individual who
stamped the original plan must also stamp and sign the revised plan).
Submitted this day of in the year in accordance with the Town
of Barnstable “Regulation Governing Minimum Submission Requirements for a Notice of Intent Application” by:
(Print Name)
Owner / Applicant Signature Telephone Number
Owner’s Authorized Agent Signature Telephone Number
Approved: May 28, l997
Revised: May 12, 2015
Revised: August 23, with minor rev. Sept. 6, 2016
Revised March 15, 2022
May9th 2023
Steven A. Mojo
Carl Nielsen
Steven A. Mojo Steven A Mojo
401-524-5108
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA
ATTACHMENT A – Project Narrative
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA 1
1.0 Introduction
TRC Environmental (TRC) has prepared this Notice of Intent (NOI) application on behalf of Mr.
Steve Mojo and neighbors (the Applicants) to reinstate an Aquatic Plant Management Program
at Shell Lane Pond in Cotuit, MA (the Project). Shell Lane Pond (also referred to in this application
as “the pond”) is classified by the Massachusetts Department of Environmental Protection
(MassDEP) as a shrub swamp that is bordered to the north, east, and south by coniferous wooded
swamp. The pond is also mapped by the Massachusetts Natural Heritage and Endangered
Species Program (NHESP) as a Potential Vernal Pool. According to NHESP data on MassGIS,
the pond is not located within Priority or Estimated Habitat of Rare Species or Wildlife.
Shell Lane Pond is a one-basin waterbody that is roughly 1.22 acres in size. The pond is located
behind residential properties on Shell Lane, Hull Lane, and Main Street in Cotuit, MA. The pond
can be accessed from the property at 1179 Main Street in Cotuit, MA as shown on the attached
plans.
The objective of the Project is to control excessive growth of nuisance aquatic plant species.
Based on prior aquatic plant community mapping, these species include Potamogeton species,
predominantly snail seed pondweed (Potamogeton bicupulatus). Updated plant community
mapping will be conducted prior to finalizing the treatment plan. Based on the goals of the
Applicants, a management program focusing on monitoring, chemical treatment with United
States Environmental Protection Agency (USEPA) approved herbicides performed by a state
licensed applicator is proposed to control the nuisance aquatic plant species.
Historic conditions in the pond have included vegetation and/or algae growth that is dense enough
to obstruct the movement of fish and other pond wildlife. The excessive growth also has the
potential to adversely impact water quality and create anoxic conditions that would kill fish and
other aquatic wildlife. The purpose of the proposed project is to maintain Shell Lane Pond as a
viable open water resource area and wildlife habitat.
Since the proposed restoration actions will occur within jurisdictional wetland resource areas, this
filing is made pursuant to the Massachusetts Wetlands Protection Act (WPA) (Massachusetts
General Law [M.G.L.] c. 131 §40) and its implementing regulations (310 Code of Massachusetts
Regulations [CMR] 10.00). Based on MassDEP mapping available online, wetland resource areas
present in and around Shell Lane Pond include Land under Water (LUW), Inland Bank, and
Bordering Vegetated Wetlands (BVW) as described in Section 3.0 and depicted on Figure 1.
The proposed management program is being filed as an Ecological Restoration Limited Project
under 310 CMR 10.53(4) and will protect the interests of the WPA by controlling a nuisance
species, improving water quality, and slowing pond eutrophication. A similar management plan
was previously approved by the Barnstable Conservation Commission and implemented in 2012
under a Restoration Order of Conditions (ROOC).
2.0 Project Description
2.1 Treatment Description
The objective of the treatment program is to control nuisance vegetation while maintaining a
healthy composition of indigenous species through herbicide treatments. An integrated
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA 2
management approach over the course of several years will be implemented to successfully
accomplish the goals of the Project. Treatments will occur on an annual basis with an eventual
decrease in frequency to reach and maintain the Project goal.
Multiple-year treatment approval is requested for re-initiation of the successful Aquatic Plant
Management Program previously implemented at Shell Lane Pond starting in 2012. As the pond
system is dynamic and conditions may change during the requested approval period, the ability
to change and modify the management program is necessary to ensure success and safety of
the pond. The proposed approach will be refined further with updated plant community mapping
in Spring 2023. Herbicide and/or algaecide will be applied specifically to target species and will
have a negligible effect on non-target species and wildlife. All chemicals will be applied at or below
suggested doses according to product labels.
No significant alteration to the wetland resource areas will occur as a result of the proposed pond
management program; instead, the ecological functions performed by the resource areas will be
improved by controlling plant growth that has become excessive with the lack of continued
management over the past few years.
2.2 Treatment Methods
As discussed above, the goal of the Project is to maintain Shell Lane Pond as an open water
resource and viable aquatic habitat. For this goal to be met, growth of nuisance aquatic vegetation
must be managed so that a healthy, balanced plant community may establish in Shell Lane Pond.
The proposed treatment will occur in several stages as detailed below.
2.2.1 Pre-Season Survey and Permitting
A pre-season survey will be conducted in late May or early June to determine the extent of aquatic
vegetation growth in the pond, document the range of species present, and develop a specific
treatment plan based on observed conditions of growth. No treatment will occur during this survey
or before the treatment plan has been finalized and approved.
After developing the treatment plan and receiving a Restoration Order of Conditions from the
Barnstable Conservation Commission, a “License to Apply” form (BRP WM 04) will be submitted
to the MassDEP Division of Watershed Management. This form will be submitted for approval
prior to each season during which treatments will take place.
2.2.2 Herbicide Treatment
Prior to treatment, Shell Lane Pond will be posted with all water-use restrictions as required by
the state, manufacturers label, or other restrictions as mandated by the Town of Barnstable. Large
8.5-by-11-inch posters will be placed along the shoreline of the treatment areas and a large DEP
File # poster will be posted in accordance with DEP regulations.
Two herbicides are proposed as the most appropriate options:
Fluridone (Sonar→ EPA # 67690-4 or equivalent)
Fluridone, also known as its trade-name Sonar, is a systemic herbicide that offers long-term
control on invasive and nuisance aquatic vegetation. Fluridone is a systemic herbicide that is
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA 3
absorbed through the plant’s leaves and translocated to the roots where it inhibits photosynthesis,
thereby depriving the plant of food. As a result, the plants will lose their green color, turning white
or pink as the plant is affected. This process, known as chlorosis, begins at the top of the plant
and usually extends several inches along the plant’s stem when concentrations are most effective.
Fluridone doses need to be maintained for an extended contact time (45-60 days) for low-dose,
whole-pond treatments where dilution and contact time are more predictable. However, new
granular formulations do allow for more effective spot-treatment. If doses drop below an active
level, booster treatments will be carried out to increase the concentration. These booster
treatments will be scheduled based on a combination of water sampling and observations of the
target species. Use of water for irrigation is restricted during fluridone treatments; however, no
restrictions are placed on recreation (swimming, boating, and fishing). Out of an abundance of
caution, signage will be posted and the pond will be closed for use during application and
treatment even though not required.
Fluridone, when applied at recommended dosages, is generally viewed as having one of the most
environmentally friendly toxicology profiles of all products currently on the market. The USEPA
has approved a limit of 150 ppb to be allowed in water used for drinking, we anticipate a dose of
under 20 ppb at Shell Pond. Ideally, fluridone treatments are initiated early in the growing season
when target vegetation is low or starting emergence. Presently, liquid and granular formations of
this herbicide are available and will likely be included under this management plan. For aqueous
applications, this chemical will be placed into an onboard mixing tank, mixed with pond water, and
evenly distributed throughout the surface of the treatment area via boat. For granular applications,
the herbicide will be placed into a Heard spreader mounted to the bow of the treatment vessel
and evenly distributed over the surface of the treatment area.
Diquat
Diquat is a contact herbicide requiring a relatively short concentration time. The plant’s cellular
functions are inactivated, which results in rapid death of the foliar portions of the plant and
degradation of the plant structure as a whole. Unlike the reaction of plants to Fluridone as
described above, this process can take as little as one week. Use for water irrigation is restricted
for five days following diquat treatments; however no restrictions are placed on recreation
(swimming, boating, and fishing). As mentioned above, signage will be posted and the pond will
be closed for use during application even though not required.
2.2.3 End-of-Year Survey and Report
In September of each year where treatment has occurred, an end-of-year survey will be
conducted and data will be compiled into a year-end report. This report will be submitted to the
Barnstable Conservation Commission and the Applicants, and will include data on the treatments,
observations, and recommendations for the next year.
2.3 Monitoring
Regular inspections will be conducted to assess the growth phase of the target plant species and
overall pond conditions. Post-management inspections will be conducted to assess the efficacy
of the management efforts and any impacts on non-target species so future applications can be
properly adjusted to minimize non-target impacts. Year-end reports documenting annual
management efforts, observed conditions, management efficacy, and future recommendations
will be provided to the Barnstable Conservation Commission.
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA 4
If treatment must be continued after expiry of the ROOC in order to achieve Project goals, then
an Extension will be requested from the Barnstable Conservation Commission prior to expiry of
the ROOC. No treatment will be performed past the expiry date of the ROOC unless approval for
an extension is received.
3.0 Impact Assessment
Several wetland resource areas that fall under the jurisdiction of the WPA occur within and
adjacent to Shell Lane Pond. Approximate wetland resource area boundaries were determined
based on a review of publicly-available wetlands maps produced by MassDEP and though the
use of orthophotograph interpretation. Wetland resource areas present in and around the project
area are described in the sections below and depicted on Figure 1. Shell Lane Pond is not located
within an Area of Critical Environmental Concern (ACEC) and is not a designated Outstanding
Resource Water (ORW).
The proposed project will result in permanent and temporary impacts to jurisdictional resource
areas as described in the following table and in the sections below:
RESOURCE
AREA
PERMANENT
IMPACTS
TEMPORARY
IMPACTS IMPACT DESCRIPTION
Land Under
Water Bodies
and Waterways
(LUW)
53,013
square feet N/A
Permanent impacts resulting from aquatic plant
management chemicals applied to LUW within
Shell Lane Pond.
Inland Bank 6 linear feet N/A
Permanent impacts resulting from a 6-foot-wide
access path created for equipment access to the
pond.
Bordering
Vegetated
Wetland (BVW)
435 square
feet N/A
Permanent impacts resulting from a 6-foot-wide
access path created for equipment access to the
pond.
3.1 Inland Bank
Per 310 CMR 10.54(2)(a), an Inland Bank is “the portion of the land surface which normally abuts
and confines a water body. It occurs between a water body and a vegetated bordering wetland
and adjacent flood plain, or, in the absence of these, it occurs between a water body and an
upland.”
Bank exists around the perimeter of Shell Lane Pond and is primarily comprised of consolidated
sediment and overhanging vegetation. There will be temporary impacts to inland bank for
equipment access to the pond. There will be six linear feet of permanent impacts to inland bank
where a permanent access path is created to the pond.
3.2 Bordering Vegetated Wetland
Per 310 CMR 10.55(2), BVW are “freshwater wetlands which border on creeks, rivers, streams,
ponds and lakes” and “are areas where the soils are saturated and/or inundated such that they
support a predominance of wetland indicator plants.” BVW provides habitat for a diverse array of
plant and animal species and functions to retain stormwater and attenuate pollutants.
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA 5
BVW exists surrounding the perimeter of the pond. Although the entirety of the pond is classified
by MassDEP as BVW, field reconnaissance indicates that the majority of the pond is actually Land
Under Water Bodies and Waterways rather than BVW, which is described in Section 3.3 below.
Permanent impacts to BVW will occur from an access path that will be created and maintained in
perpetuity. No temporary impacts to BVW will occur, and treatment will not occur within BVW.
3.3 Land Under Water Bodies and Waterways
Per 310 CMR 10.56(2)(a), LUW is “the land beneath any creek, river, stream, pond or lake. Said
land may be composed of organic muck or peat, fine sediments, rocks or bedrock.” LUW is land
that occurs below the mean annual low water level of a waterbody which provides substrate for
aquatic plant growth and habitat for aquatic animals.
LUW exists on the site within the banks of Shell Lane Pond. No temporary impacts to LUW are
proposed. Permanent impacts to LUW will occur from treatment of the pond, although all impacts
are expected to be beneficial in nature. No adverse permanent impacts will occur to LUW.
3.4 Massachusetts Natural Heritage and Endangered Species Act Review
Massachusetts Natural Heritage and Endangered Species Program (NHESP) databases from
August of 2021 were reviewed to determine whether any portion of the project area is mapped as
rare species habitat. Based on a review of this current mapping, there is no NHESP-mapped
habitat within the Project area.
3.5 Impacts and Mitigation
The table below represents the impacts that herbicide treatment may have on several interests
protected by the Wetlands Protection Act.
WPA INTEREST IMPACTS
Protection of public and private
water supply
Generally neutral, but may have detriment at high doses. Fluridone
application is prohibited within 0.25 miles of drinking water intakes
at doses that are greater than 20 ppb. The Project is not located
within 0.25 miles of any public or private drinking water sources
and the dose will not exceed 20 ppb.
Protection of groundwater supply Neutral. The herbicides proposed for use are absorbed into soil
particles and become inactive.
Storm damage protection
Neutral to possibly beneficial. The capacity for this water body to
retain water during storm events will not change, however removal
of invasive aquatic vegetation may reduce the rate of sediment
deposition, thereby increasing water retention.
Prevention of pollution
Neutral. Although plant die-off may cause low-oxygen conditions,
this effect will be short-term and localized to those areas which are
treated. No lasting degradation of water quality is expected.
Protection of land containing
shellfish Neutral, not applicable
Protection of fisheries Possible benefit through habitat enhancement. Possible detriment
through food source alteration and loss of cover.
Protection of wildlife habitat Possible benefit through habitat enhancement. Possible detriment
through food source alteration and loss of cover.
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA 6
Based on the planned dosage of herbicides and the invasive nature of target plant species, the
Project is not expected to have any negative impacts on resource areas or interests protected by
the WPA.
4.0 Regulatory Compliance and Performance Standards
4.1 Massachusetts Wetlands Protection Act
The goal of the proposed project is to improve the natural capacity of the resource area to protect
the interests identified in the WPA, including protection of fisheries and protection of wildlife
habitat. This project is therefore eligible to be reviewed as an Ecological Restoration Limited
Project per 310 CMR 10.53(4)(e)(5). Pursuant to 310 CMR 10.11(1), at least two weeks prior to
filing an NOI for an Ecological Restoration Limited Project, the Applicant must submit written
notification of the proposed filing for publication in the Environmental Monitor. In accordance with
this provision, notice was provided to the Massachusetts Environmental Policy Act (MEPA) office
on April 14, 2023 (Attachment D). The proposed management activities are consistent with the
guidelines in the following 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)
The project complies with performance standards for resource areas to the maximum extent
practicable. The section below addresses WPA performance standards for proposed impacts.
4.1.1 Land Under Water Bodies and Waterways WPA Performance Standards
The WPA includes performance standards for work on LUW. The table below documents the
project’s compliance with the WPA performance standards.
Where the presumption set forth in 310 CMR 10.56(3) is not overcome, any proposed work
within Land under Water Bodies and Waterways shall not impair the following:
1.The water carrying capacity within the defined channel, which is provided by said
land in conjunction with the banks;
2.Ground and surface water quality;
3.The capacity of said land to provide breeding habitat, escape cover and food for
fisheries; and
4.The capacity of said land to provide important wildlife habitat functions. A project or
projects on a single lot, for which Notice(s) of intent is filed on or after November 1,
1987, that (cumulatively) alter(s) up to 10% or 5,000 square feet (whichever is less)
of land in this resource area found to be significant to the protection of wildlife
habitat, shall not be deemed to impair its capacity to provide important wildlife habitat
functions. Additional alterations beyond the above threshold may be permitted if they
will have no adverse effects on wildlife habitat, as determined by procedures
established under 310 CMR 10.60.
5.Work on a stream crossing shall be presumed to meet the performance standard set
forth in 310 CMR 10.56(4)(a) provided the work is performed in compliance with the
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA 7
Massachusetts Stream Crossing Standards by consisting of a span or embedded
culvert in which, at a minimum, the bottom of a span structure or the upper surface of
an embedded culvert is above the elevation of the top of the bank, and the structure
spans the channel width by a minimum of 1.2 times the bank full width. This
presumption is rebuttable and may be overcome by the submittal of credible
evidence from a competent source. Notwithstanding the requirements of 310 CMR
10.56(4)(a)4., the impact on Land under Water Bodies and Waterways caused by the
installation of a stream crossing is exempt from the requirement to perform a habitat
evaluation in accordance with the procedures established under 310 CMR 10.60.
The project is in compliance with these performance standards. The project will not adversely
impact the water carrying capacity within Shell Lane Pond. The project will not impair groundwater
quality, and surface water quality will be improved by the project. The project will improve the
capacity of the LUW to provide breeding habitat, escape cover and food for fisheries due to the
increases in pond health and water quality. The project will improve the capacity of the LUW to
provide important wildlife habitat functions by improving the water quality and preventing invasive
aquatic plant growth. Impacts will total greater than 5,000 square feet of LUW, however the
impacts will have no adverse impact on wildlife habitat. The project does not involve a stream
crossing.
Notwithstanding the provisions of 310 CMR 10.56(4)(a), the issuing authority may issue
an Order in accordance with M.G.L. c. 131, § 40 to maintain or improve boat channels
within Land under Water Bodies and Waterways when said work is designed and carried
out using the best practical measures so as to minimize adverse effects such as the
suspension or transport of pollutants, increases in turbidity, the smothering of bottom
organisms, the accumulation of pollutants by organisms or the destruction of fisheries
habitat or nutrient source areas.
The project is in compliance with this performance standard. The project will not negatively
impact boat channels.
Notwithstanding the provisions of 310 CMR 10.56(4)(a) or (b), no project may be
permitted which will have any adverse effect on specified habitat sites of rare vertebrate
or invertebrate species, as identified by procedures established under 310 CMR 10.59.
The project is in compliance with this performance standard. As described in Section 3.2, the
project is not located within NHESP Estimated or Priority Habitat areas.
4.1.2 Inland Bank
The WPA defines bank as the portion of the land surface which normally abuts and confines a
waterbody. It occurs between a waterbody and a bordering vegetated wetland and adjacent
floodplain, or, in the absence of these, it occurs between a waterbody and an upland. A bank may
be partially or totally vegetated, or it may be comprised of exposed soil, gravel, or stone.
The WPA includes performance standards for work on a bank. The table below documents the
Project’s compliance with the WPA performance standards.
Work on a Bank shall not impair the following:
1.the physical stability of the Bank;
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA 8
2.the water carrying capacity of the existing channel within the Bank;
3.ground water and surface water quality;
4. the capacity of the Bank to provide breeding habitat, escape cover and food for
fisheries;
5.the capacity of the Bank to provide important wildlife habitat functions. A project or
projects on a single lot, for which Notice(s) of Intent is filed on or after November
1, 1987, that (cumulatively) alter(s) up to 10% or 50 feet (whichever is less) of the
length of the bank found to be significant to the protection of wildlife habitat, shall
not be deemed to impair its capacity to provide important wildlife habitat functions.
In the case of a bank of a river or an intermittent stream, the impact shall be
measured on each side of the stream or river. Additional alterations beyond the
above threshold may be permitted if they will have no adverse effects on wildlife
habitat, as determined by procedures contained in 310 CMR 10.60.
6.Work on a stream crossing shall be presumed to meet the performance standard
set forth in 310 CMR 10.54(4)(a) provided the work is performed in compliance
with the Massachusetts Stream Crossing Standards by consisting of a span or
embedded culvert in which, at a minimum, the bottom of a span structure or the
upper surface of an embedded culvert is above the elevation of the top of the bank,
and the structure spans the channel width by a minimum of 1.2 times the bankfull
width. This presumption is rebuttable and may be overcome by the submittal of
credible evidence from a competent source. Notwithstanding the requirement of
310 CMR 10.54(4)(a)5., the impact on bank caused by the installation of a stream
crossing is exempt from the requirement to perform a habitat evaluation in
accordance with the procedures contained in 310 CMR 10.60.
The project will physically impair a minimal amount of bank, as it will require a permanent access
path to be created. The project will not impact the water carrying capacity of the pond. The project
will not negatively impact ground or surface water quality. Due to the permanent access path that
is proposed, the project may have a minor adverse impact on the ability of a small section of bank
to provide important wildlife functions. However, this will comprise less than 10% of the bank on-
site and will be less than 50 feet.
Notwithstanding the provisions of 310 CMR 10.54(4)(a), structures may be permitted in or
on a Bank when required to prevent flood damage to facilities, buildings and roads
constructed prior to the effective date of 310 CMR 10.51 through 10.60 or constructed
pursuant to a Notice of Intent filed prior to the effective date of 310 CMR 10.51 through
10.60 (April 1, 1983), including the renovation or reconstruction (but not substantial
enlargement) of such facilities, buildings and roads, provided that the following
requirements are met:
1.The proposed protective structure, renovation or reconstruction is designed
and constructed using best practical measures so as to minimize adverse
effects on the characteristics and functions of the resource area;
2.The applicant demonstrates that there is no reasonable method of protecting,
renovating or rebuilding the facility in question other than the one proposed.
This performance standard does not apply. No permanent structures are being proposed.
Notwithstanding the provisions of 310 CMR 10.54(4)(a) or (b), no project may be permitted
which will have any adverse effect on specified habitat sites of Rare Species, as identified
by procedures established under 310 CMR 10.59.
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA 9
The project is in compliance with this performance standard because the project will have no
impacts on any specified habitat sites of Rare or Endangered species.
4.2 MassDEP License to Apply Chemicals
All chemical applications will be performed by Certified Applicators. The USEPA/MA registered
aquatic herbicides will be applied at recommended label rates, in accordance with the “Order of
Conditions” and MassDEP “License to Apply Chemicals” permits (BRP WM04). Prior to treatment,
the shoreline will be posted with signs warning of all temporary water use restrictions. A site
specific "License to Apply Chemicals" for the proposed treatment will be filed with Massachusetts
DEP, Office of Watershed Management.
4.3 Massachusetts Environmental Policy Act
The strategies proposed in this NOI are options approved under the Massachusetts
Environmental Protection Act (MEPA) process that was approved in 2004 with the issuance of
the Final Generic Environmental Impact Report on Eutrophication and Aquatic Plant Management
in Massachusetts and the Practical Guide to Lake and Pond Management in Massachusetts.
These approaches do not require individual MEPA review.
4.4 Massachusetts Endangered Species Act
According to the most recent Natural Heritage maps provided by MassGIS, Shell Lane Pond is
not located within an area designated as Priority Habitats of Rare Species as determined by the
Massachusetts Natural Heritage & Endangered Species Program (NHESP). A formal review by
NHESP was not required.
5.0 Alternatives Analysis
The following alternative techniques were considered for the proposed Project:
•Bottom Weed Barriers – Physical controls, such as the use of bottom weed barriers can
be effective for small dense patches of nuisance vegetation but are not cost effective or
feasible for large areas. Weed barriers are expensive to install and maintain at around
$2/square foot. Semi-annual maintenance to retrieve, clean and re-deploy the barriers is
expensive and time consuming. Additionally, covering expansive areas of the pond bottom
may also have detrimental impacts on invertebrates or other types of wildlife. Therefore,
this alternative is not recommended.
•Mechanic Harvesting – Harvesting of snail seed pondweed is not recommended because
of environmental constraints of the site. Additionally, harvesting would be costly and at
best would only provide a season of relief from the filamentous algae growth with no
guarantee of success. The disruption and non-target impacts would be more significant
than with spot-treatments using aquatic herbicides. Therefore, this alternative is not
recommended.
•Biological Controls – There are no proven biological controls available or approved by the
State for the control of the invasive aquatic plant species present at Shell Lane Pond.
Therefore, this alternative is not feasible.
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA 10
•Sediment Excavation/Dredging - Dredging nutrient rich bottom sediment is sometimes
used as a strategy to control excessive weed growth. Conventional (dry) or hydraulic
dredging would require the expenditure of hundreds of thousands of dollars in design and
permitting fees alone. Dredging may also have severe impacts to aquatic organisms (i.e.
fish and macroinvertebrates) in the ponds with no guarantees of elimination of invasive
vegetation. Therefore, this alternative is not recommended.
•Do Nothing - If the nuisance plant and algae growth is allowed to continue unabated, the
native plant species within Shell Lane Pond will be outcompeted and displaced. Anoxic
conditions would degrade water quality and potentially impact fish and other aquatic
organisms. Stagnant conditions will also increase water temperatures, promoting both
algae and bacterial growth as well as providing extensive mosquito breeding habitat. The
pond’s recreational and aesthetic value would be significantly degraded. Therefore, this
alternative is not recommended.
•Controlled Herbicide Application – Application of state-approved herbicides by certified
professionals will accomplish the goal of managing invasive aquatic plant species while
having limited, if any, permanent negative impacts on wetland resource areas. This
management program is cost-effective and will have a positive impact on the pond.
Therefore, this alternative is preferred.
6.0 Conclusion
In conclusion, based on the information presented in this NOI application, TRC requests a
Restoration Order of Conditions from the Barnstable Conservation Commission. The proposed
treatment plan and methodology has been successfully carried out in many municipalities in
Massachusetts and is a cost-effective manner of preserving the water quality and managing
invasive species in Shell Lane Pond. Additionally, this type of management has been previously
approved within Shell Lane Pond and has been successfully implemented.
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA
ATTACHMENT B – Figures
DATE:
APPROVED BY:
CHECKED BY:
DRAWN BY:PROJ. NO.:
FILE:
TITLE:
PROJECT:
ShellLanePondCoordinate System: NAD 1983 StatePlane Massachusetts Mainland FIPS 2001 Feet; Map Rotation: 0 -- Saved By: MBILLINGS on 5/8/2023, 10:16:12 AM; File Path: T:\1-PROJECTS\SolitudeLakeManagement\507154_ShellLanePond\2-APRX\ShellLanePond.aprx; Layout Name: Fig1_TreatmentMap_8_5x11P650 Suffolk Street
Suite 200
Lowell, MA 01854
Phone: 978.970.5600
1" = 400'1:4,800
0 100 200
FEET
BASE MAP: USGS TOPOGRAPHIC QUADRANGLE SERVICE, 2021
DATA SOURCES: ESRI, MASSGIS, USGS, MADOT, TRC
MAY 2023
C. NIELSEN
O. SHAW
M. BILLINGS
FIGURE 1
507154.0000
SHELL LANE POND AQUATIC
VEGETATION MANAGEMENT
STEVE MOJO
TOWN OF BARNSTABLE, MA
POTENTIAL VERNAL POOLS
100-FOOT WETLAND BUFFER
PERMANENT ACCESS PATH
TREATMENT AREA
LAND UNDER WATER
BORDERING VEGETATED WETLAND
DEP WETLAND
CT RI
MA
VT NH
DATE:
APPROVED BY:
CHECKED BY:
DRAWN BY:PROJ. NO.:
FILE:
TITLE:
PROJECT:
ShellLanePondCoordinate System: NAD 1983 StatePlane Massachusetts Mainland FIPS 2001 Feet; Map Rotation: 0 -- Saved By: MBILLINGS on 4/11/2023, 14:36:50 PM; File Path: T:\1-PROJECTS\SolitudeLakeManagement\507154_ShellLanePond\2-APRX\ShellLanePond.aprx; Layout Name: Fig1_TreatmentMap_8_5x11P650 Suffolk Street
Suite 200
Lowell, MA 01854
Phone: 978.970.5600
1" = 200'1:2,400
0 100 200
FEET
BASE MAP: MASSGIS ORTHO IMAGERY, 2021
DATA SOURCES: ESRI, MASSGIS, MADOT, TRC
APRIL 2023
C. NIELSEN
O. SHAW
M. BILLINGS
FIGURE 2
507154.0000
SHELL LANE POND AQUATIC
VEGETATION MANAGEMENT
STEVE MOJO
TOWN OF BARNSTABLE, MAPERMANENT ACCESS PATH
TREATMENT AREA
LAND UNDER WATER
BORDERING VEGETATED WETLAND
CT RI
MA
VT NH MAINSTREETNICKERSON ROAD
SHELL LANEPAULA LANEWINGS LANE
CEDAR STREETOAKWOOD STREETKEELA ROAD
PINE RIDGE ROAD
HULL L ANE
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA
ATTACHMENT C – Abutter Information
2,400.00
Conservation Notice of Intent (NOI) Abutter Map for Multiple Subject Parcels
This map is for illustration
purposes only. It is not adequate
for legal boundary determination
or regulatory interpretation. This
map does not represent an
on-the-ground survey. It may be
generalized, may not reflect
current conditions, and may
contain cartographic errors or
omissions.
Legend
Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed.
Parcel lines shown on this map are
only graphic representations of
Assessor’s tax parcels. They are
not true property boundaries and
do not represent accurate
relationships to physical objects
on the map such as building
locations.
100
Town of Barnstable
GIS Unit
200
3/28/2023
gis@town.barnstable.ma.us
Printed on:
0
ft.200
Subject Parcel
Abutters
100 ft. Buffer
ft.
1 inch = approx.
Parcels
Town Boundary
Railroad Tracks
Buildings
Approx. Building
Buildings
Parking Lots
Paved
Unpaved
Roads
Paved Road
Unpaved Road
Bridge
Paved Median
Water Bodies
Conservation Notice of Intent (NOI) Abutter List for Subject Parcels 019101002, 019159, 019158, 018123, 018057, 019162,
019130002
Property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed.
Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip
018019 CASH, HAROLD E ESTATE OF C/O CONATHAN II, JOHN 9 PARKER ROAD OSTERVILLE 02655MA
018020 JEAN-BAPTISTE, LEONEL 6 JEFFREY LN WEST WINDSOR 08550NJ
018051 MICHONSKI, RONALD W 206 VINING HILL ROAD SOUTHWICK 01077MA
018052 BARNSTABLE, TOWN OF (MUN)367 MAIN STREET HYANNIS 02601MA
018057 DEE, ROBERT R & CONSTANCE S PO BOX 1939 28 PINE RIDGE RD COTUIT 02635-1939MA
018058 ABRUZZO, ROBERT J & CAROLYN 32 FAIRFAX STREET BURLINGTON 01803MA
018059 BURLINGAME, SHERYL A TR 30 NICKERSON ROAD REALTY
TRUST
48 NORTH WESTGATE
ROAD
HARWICH 02645MA
018063 KELLEY, CHRISTINA 31 KEELA ROAD COTUIT 02635MA
018064 OPARA, ANUKAM EDWARD &
ROSENGARTNER, SARAH K
141 LINCOLN AVENUE HASTINGS ON HUDSON 10706NY
018102 BRUHN, THOMAS P & GAIL E 42 SUMMIT RD STORRS 06268CT
018103 SHANLY, DONALD J JR & EILEEN
TRS
25 PINE RIDGE ROAD RET PO BOX 2074 25 PINE RIDGE ROAD COTUIT 02635MA
018104 SPENCE, JUSTIN R TR COTUIT PROPERTIES REALTY
TRUST
PO BOX 304 COTUIT 02635MA
018123 SPENCE, JUSTIN R & NATALIE B TRS JUSTIN R SPENCE LIVING &
NATALIE B SPENCE LIVING TRUSTS
PO BOX 304 COTUIT 02635MA
019087 BALENTINE, DOUGLAS A & OBRIEN,
SUSAN B
65 LUDLAM RD MONROE 10950NY
3/28/2023 2:57 PMReport Generated On:Page 1 of 3 35Total Number of Abutters:
This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to
have this list certified.
Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip
019087 BALENTINE, DOUGLAS A & OBRIEN,
SUSAN B
65 LUDLAM RD MONROE 10950NY
019088 ODONNELL, THOMAS J & BONNIE P 120 SHELL LANE COTUIT 02635-3331MA
019092 DAVIES, ALAN R 50 SHELL LN COTUIT 02635MA
019093 CORMAN, CATHY 36 WINDING WAY MADISON 07940NJ
019094 SHEAFFER, PAULA R 6 WEST HYANNISPORT
CIRCLE
HYANNIS 02601MA
019095 MAYNE, JOSEPH & GRACE F 65 SHELL LANE COTUIT 02635MA
019096 HALSTED, EUGENE 75 SHELL LANE COTUIT 02635MA
019098 JARRET, DEBRA TR DEBRA JARRET REVOCABLE
LIVING TR AGMNT
93 SHELL LANE COTUIT 02635MA
019099 ROSS, GEORGE E TR GEORGE E ROSS REVOCABLE
TRUST 2007
PO BOX 466 COTUIT 02635-0466MA
019101001 THOMAS, JOHN A TR HEILBRONN REALTY TRUST 139 SHELL LANE COTUIT 02635MA
019101002 MANNING, MICHAEL T & MARY A PO BOX 1410 COTUIT 02635MA
019128 MONAHAN, CLAIRE 40 ARLINGTON ST WINCHESTER 01890MA
019130001 ROMA, AMY C & WINMILL, RYAN T 418 N COLUMBIA
STREET
ALEXANDRIA 22314-2214VA
019130002 MOJO, STEVEN A & JEAN N TRS STEVEN A & JEAN N MOJO
MARITAL TRUSTS
1179 MAIN STREET COTUIT 02635MA
019146 SINUC, JOHN R TR LINDA M SINUC IRREVOCABLE
TRUST
84 QUEEN ANNE DRIVE SLINGERLANDS 12159NY
019149 LEACH, BRIAN M 10 PAULA LANE COTUIT 02635MA
3/28/2023 2:57 PMReport Generated On:Page 2 of 3 35Total Number of Abutters:
This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to
have this list certified.
Parcel ID Owner 1 Owner 2 Address Line 1 Address Line 2 City State Zip
019149 LEACH, BRIAN M 10 PAULA LANE COTUIT 02635MA
019157 OCONNOR, THOMAS J & JILL W 125 SHELL LANE COTUIT 02635MA
019158 SCANLON, CHRISTINE TR CHRISTINE SCANLON TRUST 127 SHELL LANE COTUIT 02635MA
019159 CAVALLON, COURTNEY E &
CAVALLON REBELLO, WHITNEY L
121 SHELL LANE COTUIT 02635MA
019162 35 HULL LANE LLC 31 MONTROSE STREET NEWTON 02458MA
019163 JACOBSEN, NEIL R & KAREN 16048 BRISTOL ISLE
WAY
DELRAY BEACH 33446-2378FL
019164 HUSTER, DIANE J TR 20 HULL LANE REALTY TRUST 279 WINTER STREET NORTH ANDOVER 01845MA
3/28/2023 2:57 PMReport Generated On:Page 3 of 3 35Total Number of Abutters:
This list by itself does NOT constitute a "Certified List of Abutters" and is provided only as an aid to the determination of abutters. If a Certified Abutter List is required, you must contact the Assessing Division to
have this list certified.
NOTICE OF INTENT
ABUTTER NOTIFICATION LETTER
DATE:
RE: Upcoming Barnstable Conservation Commission Public Hearing
To Whom It May Concern,
As an abutter within 100 feet of a proposed project, please be advised that a NOTICE OF INTENT
application has been filed with the Barnstable Conservation Commission.
APPLICANT:
PROJECT ADDRESS OR LOCATION:
ASSESSOR’S MAP & PARCEL: MAP PARCEL
PROJECT DESCRIPTION:
________________________________________________________
APPLICANT’S AGENT:
PUBLIC HEARING: WILL BE HELD REMOTELY VIA ZOOM
See agenda posting on Town Clerks website available at least 48 hours in advance of the meeting for
details.
DATE: / /
TIME: P.M.
NOTE: Plans and applications describing the proposed activity are on file with the Conservation
Commission at
https://itlaserfiche.town.barnstable.ma.us/WebLink/Browse.aspx?id=825530&dbid=0&repo=TownOfBarns
table, by email to Kimberly.Cavanaugh@town.barnstable.ma.us or by calling (508-862-4093)
May 9, 2023
Steven A. Mojo
1179 Main Street, Cotuit, MA
Shell Lane Pond
19 130-002
Reinstatement of an Aquatic Plant Management Program
at Shell Lane Pond in Cotuit. Objective is to control
nuisance vegetation while maintaining indigenous
species. Management will occur over several years.
Carl Nielsen
TRC Companies, Inc
CNielsen@TRCcompanies.com
5 23 2023
6:30
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA
ATTACHMENT D – Environmental Monitor Publication
A Notice of Intent (NOI) will be filed by Mr. Steven Mojo with the Barnstable Conservation Commission
for the reinstatement of the Aquatic Vegetation Management Plan at Shell Lane Pond in Cotuit, MA. The
purpose of the proposed project is to control nuisance aquatic vegetation. The project will improve
aquatic habitats that support fish and wildlife species and will restore the hydrologic connectivity of the
habitat by removing excessively dense vegetation growth, thereby restoring the natural capacity of the
resource to protect the interests identified in the Wetlands Protection Act (M.G.L. c. 131 §40). The
anticipated submittal date of this NOI is May 9th, 2023. To obtain additional information regarding the
date, time, and location of the public hearings, contact the Barnstable Conservation Commission at
(508)862-4093 or at 367 Main Street, Hyannis, MA 02601. To obtain more information regarding this
application or to obtain an electronic copy of the application, contact Carl Nielsen at TRC Companies, Inc
at CNielsen@TRCcompanies.com or (401) 524-5108.
Shell Lane Pond – Aquatic Vegetation Management May 2023
Barnstable, MA
ATTACHMENT E – Parcel List and Landowner Permissions
Adopted Mar
Property o
Applicant’
Project st
Barnstabl
Applicant’
ACCESS
As the Ow
the Mas
General
designate
purpose o
(Notice o
possible,
either wee
understan
to inspect
I/we conf
Commiss
regarding
1. F
ap
2. F
of
pr
I have rea
________
Signature
________
Represen
rch 15, 2022, effec
owner’s name
’s (Represent
reet address_
e Assessor’s
’s Contact Ph
TO PROPER
wner(s) of the
sachusetts W
Ordinances
ed staff are a
of reviewing t
f Intent or R
notice will be
ekdays or we
nd that if attem
t the outside a
firm my/our
ioners, its ag
this applicati
rom the subm
pproval of the
rom the issua
f the project a
roject.
ad the above
___________
e of property
___________
ntative’s sign
ctive April 18, 202
P
e(s): _______
tative’s) Name
___________
Map & Parce
hone Number:
RTY PERMIS
e above refer
Wetlands Prot
(Chapter 23
authorized, a
the existing c
Request for D
e provided to t
eekends as ne
mpts to conta
areas of said
understandin
gent, and its
on for the pe
mission of the
e Notice of Int
ance of the O
and the final
e and I under
____________
y owner
____________
nature
C
Office: 508-
22.
Permission
___________
e(s)________
____________
el: Map___
:
SION
renced prope
tection Act (M
37), the Bar
as a matter o
conditions an
Determination
the applicant
ecessary for t
act me are un
property unde
ng the purpo
s designated
riod as descr
e Application
tent Request
Order(s) of Co
inspection by
rstand and a
__
__
Tow
Conserv
Hyann
-862-4093
to Access P
____________
___________
____________
_______
erty, I/we have
MGL Ch 131
rnstable Con
of law, to ente
d the propos
) to the Ba
prior to the v
the Commiss
nsuccessful, t
er this applica
ose of this
d staff, to en
ibed below:
(Notice of In
or Request fo
onditions (app
y the Conser
gree to allow
____
Date
____
Date
wn of Ba
vation C
230 South
nis Massach
E-mail: con
Property
___________
___________
___________
Parcel___
e been advis
1, Section 40
nservation C
er the outsid
sed work as d
arnstable Con
visit. Visits wil
sion and its ag
the Commiss
ation.
permission a
nter the outs
ntent or Requ
or Determinat
proval for No
rvation staff to
w inspection
___________
e signed
___________
e signed
arnstab
Commi
Street
husetts 0260
nservation@to
___________
____________
___________
_________
sed that unde
0) and the To
ommission,
e areas of th
described in
nservation Co
l occur during
gent to exam
sioner or its a
and I/we gra
side areas o
uest for Deter
tion; and
tice of Intent)
o confirm the
s as describ
________
________
ble
ission
01
own.barnstab
___________
___________
____________
er the provisio
own of Barns
its Agents o
he property fo
my/our applic
ommission. W
g daylight hou
ine said prop
agent may pro
ant permissi
of my/our pro
rmination) un
) to the comp
e completion
bed.
ble.ma.us
Form
_____
____
_____
ons of
stable
or its
or the
cation
Where
urs on
perty. I
oceed
on to
operty
ntil the
pletion
of the
m PA
Steven A. Mojo
Carl Nielsen
1179 Main Street, Cotuit MA
19 130-002
Steven A Mojo
5/8/2023