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Home My WebLink About20230523 NOI_Part 1_WPA3_Ch707_MESA NOTICE OF INTENT APPLICATION COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT BARNSTABLE, MA TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS 382 FALMOUTH ROAD HYANNIS, MA 02601 MAY 23, 2023 Project I.D.: 22B002.00 Solving our clients’ toughest science and engineering challenges. DRAFT 15 Creek Road • Marion, MA 02738 (508) 748-0937 • (800) 668-3220 • Fax: (508) 748-1363 www.foth.com May 23, 2023 Ms. Darcy Karle, Conservation Administrator Barnstable Conservation Commission 200 Main Street Hyannis, MA 02601 RE: Notice of Intent Application Cotuit Bay Entrance and Embayment Channel Maintenance Dredging Project Cotuit, MA Dear Sir or Madam: On behalf of the Town of Barnstable, MA, Dept. of Public Works (“Proponent”), Foth Infrastructure & Environment, LLC (FOTH) is pleased to provide you with a total of nine (9) full set copies of the enclosed Notice of Intent (NOI) application package for the above referenced project. The primary objective of the proposed project is perform maintenance dredging in the existing Cotuit Bay Entrance and Embayment navigation channels, with disposal of clean sandy sediments at Dead Neck as beneficial nourishment. The proposed project has been designed and will be implemented using the best available measures to avoid/minimize adverse impacts to coastal resource areas. Please feel free to contact me at (410) 610-1236 or via email at James.Hill@Foth.com should you have any questions or need additional information. Sincerely, Foth Infrastructure & Environment, LLC Jimmy Hill, EIT Project Engineer, Ports & Harbors Division cc: Town Engineer, Griffin Beaudoin, P.E. Town Harbormaster, Brian Taylor MA DEP SERO MA Division of Marine Fisheries NHESP Town of Barnstable Shellfish Biologist Town of Barnstable Harbormaster (MEA) Michael Egan, President, Three Bays Preservation, Inc. Christine Player, Foth Infrastructure and Environment, LLC. NOTICE OF INTENT – MAY, 2023 Foth COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS NOTICE OF INTENT COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA Table of Contents No. of Pages WPA FORM 3 – NOTICE OF INTENT 1-9 WPA FORM 3 – NOI WETLAND FEE TRANSMITTAL FORM 1-2 LIST OF PROPERTY OWNERS 1 CHAPTER 707 – BARNSTABLE CONSERVATION NOI SUBMISSION CHECKLIST 1-4 FORM PA – ACCESS TO PROPERTY PERMISSION 1 NHESP MESA REVIEW CONFIRMATION 1 EXHIBITS A Locus B Project Narrative C Correspondence D FEMA Flood Map E Permit Plans F Record Permits & Documentation G Suitability Determination H MA NHESP Habitat Maps I Abutter’s List, Map, and Abutter Notification Form J Photographs 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 Barnstable City/Town Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance. A. General Information 1. Project Location (Note: electronic filers will click on button to locate project site): Cotuit Bay Entrance and Embayment Channels and Dead Neck Beach Barnstable b. City/Town 02601 c. Zip Code Latitude and Longitude: 41.6070324 N d. Latitude -70.434120 W e. Longitude Map 050 f. Assessors Map/Plat Number Lot 002 (Parcel ID# 050002) g. Parcel /Lot Number 2. Applicant: Griffin a. First Name Beaudoin b. Last Name Town of Barnstable, MA c. Organization 382 Falmouth Road d. Street Address Hyannis e. City/Town MA f. State 02601 g. Zip Code (508) 790-6400 h. Phone Number i. Fax Number griffin.beaudoin@town.barnstable.ma.us j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner Michael a. First Name Egan b. Last Name Three Bays Preservation, Inc. c. Organization 864 Main Street d. Street Address Osterville e. City/Town MA f. State 02655 g. Zip Code (508) 420-0780 h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Jimmy a. First Name Hill b. Last Name Foth Infrastructure and Environment, LLC c. Company 15 Creek Road d. Street Address Marion e. City/Town MA f. State 02738 g. Zip Code (410) 610-1236 h. Phone Number i. Fax Number james.hill@foth.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): EXEMPT a. Total Fee Paid EXEMPT b. State Fee Paid EXEMPT c. City/Town Fee Paid wpaform3.doc • rev. 6/18/2020 Page 2 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town A. General Information (continued) 6. General Project Description: The proposed project includes maintenance dredging of the existing 8-foot deep Cotuit Entrance Channel and 10-foot deep Cotuit Embayment Channel with dredged sediments used as nourishment on Dead Neck Beach. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Barnstable a. County b. Certificate # (if registered land) 18594 (Dead Neck Nourishment Site) c. Book 0014 (Dead Neck Nourishment Site) 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 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Bank 1. linear feet 2. linear feet b. Bordering Vegetated Wetland 1. square feet 2. square feet c. Land Under Waterbodies and Waterways 1. square feet 2. square feet 3. cubic yards dredged Resource Area Size of Proposed Alteration Proposed Replacement (if any) d. Bordering Land Subject to Flooding 1. square feet 2. square feet 3. cubic feet of flood storage lost 4. cubic feet replaced e. Isolated Land Subject to Flooding 1. square feet 2. cubic feet of flood storage lost 3. cubic feet replaced f. Riverfront Area 1. Name of Waterway (if available) - specify coastal or inland 2. Width of Riverfront Area (check one): 25 ft. - Designated Densely Developed Areas only 100 ft. - New agricultural projects only 200 ft. - All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a. total square feet b. square feet within 100 ft. c. square feet between 100 ft. and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? Yes No 6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No 3. Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc • rev. 6/18/2020 Page 4 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. Resource Area Size of Proposed Alteration Proposed Replacement (if any) a. Designated Port Areas Indicate size under Land Under the Ocean, below b. Land Under the Ocean 208,979 1. square feet 18,428 2. cubic yards dredged c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. Coastal Beaches 1,571 (dredge); 96,435 (nourish); 581 (temp) 15,523 2. cubic yards beach nourishment e. Coastal Dunes 31,697 (nourish); 74,531 (temp) 3,126 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 4,379 (dredge); 4,136 (nourish) 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 41,353 (nourish); 75,112 (temp) 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 Barnstable City/Town C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm. a. Yes No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581 Phone: (508) 389-6360 August 1, 2021 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 100% / Dredge Site = 4.83 Ac; Beach Nourishment Site = 2.94 Ac; (b) outside Resource Area 0% 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 Barnstable City/Town C. Other Applicable Standards and Requirements (cont’d) (c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for- a-mesa-project-review). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) Vegetation cover type map of site (e) Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in- priority-habitat; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking # b. Date submitted to NHESP 3. Separate MESA review completed. Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. Not applicable – project is in inland resource area only b. Yes No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore - 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). wpaform3.doc • rev. 6/18/2020 Page 7 of 9 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by MassDEP: MassDEP File Number Document Transaction Number Barnstable City/Town C. Other Applicable Standards and Requirements (cont’d) Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department. 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website. b. ACEC 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? a. Yes No 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. Yes No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. A portion of the site constitutes redevelopment 3. Proprietary BMPs are included in the Stormwater Management System. b. No. Check why the project is exempt: 1. Single-family house 2. Emergency road repair 3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc • rev. 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 Barnstable City/Town D. Additional Information (cont’d) 3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. List the titles and dates for all plans and other materials submitted with this NOI. Cotuit Bay 8' Entrance and 10' Embayment Channel Maintenance Dredging Project (4 Sheets) a. Plan Title Foth Infrastructure and Environment, LLC b. Prepared By Jeramy Packard, P.E. c. Signed and Stamped by May 10, 2023 d. Final Revision Date As Shown e. Scale f. Additional Plan or Document Title g. Date 5. If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 2. Municipal Check Number 3. Check date 4. State Check Number 5. Check date 6. Payor name on check: First Name 7. Payor name on check: Last Name 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 Barnstable 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. 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: Cotiut Bay Entrance and Embayment Channels and Dead Neck Beach Barnstable b. City/Town N/A c. Check number EXEMPT d. Fee amount 2. Applicant Mailing Address: Griffin a. First Name Beaudoin b. Last Name Town of Barnstable, MA c. Organization 382 Falmouth Road d. Mailing Address Hyannis e. City/Town MA f. State 02601 g. Zip Code (508) 790-6400 h. Phone Number i. Fax Number griffin.beaudoin@town.barnstable.ma.us j. Email Address 3. Property Owner (if different): Michael a. First Name Egan b. Last Name Three Bays Preservation, Inc. c. Organization 864 Main Street d. Mailing Address Osterville e. City/Town MA f. State 02655 g. Zip Code (508) 420-0780 h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent). B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number of Activities Step 3/Individual Activity Fee Step 4/Subtotal Activity Fee Step 5/Total Project Fee: Step 6/Fee Payments: Total Project Fee: EXEMPT a. Total Fee from Step 5 State share of filing Fee: EXEMPT b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: EXEMPT 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.) LIST OF PROPERTY OWNERS COTUIT BAY ENTRANCE AND EMBAYMENT CHANNEL MAINTENANCE DREDGING PROJECT TOWN OF BARNSTABLE, MA Dead Neck (Nourishment Site) Physical Address: 0 Sampson’s Island Parcel ID: 050002 Property Owner: Three Bays Preservation, Inc. Mailing Address: 864 Main Street, Osterville, MA 02655 Contact Name: Michael Egan, President Contact Phone Number: (508) 420-0780 Contact Email Address: mikee@cmllc.com 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 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. 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 t he 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; 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 PGB FOR TOB DPW 508-790-6400 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