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20240514_NOI_TownOfMashpee_ApproachInner1916Channels
Prepared by: 349 Route 28, Unit D W. Yarmouth, Massachusetts 02673 Approach, Inner, & 1916 Channels Popponesset Bay, Mashpee Notice of Intent Application Proposed Maintenance Dredging of 1916 Channel Town of Barnstable Conservation Commission April 2024 Prepared for: Town of Mashpee Town Manager c/o Rodney Collins 16 Great Neck Road North Mashpee, MA 02649 BSC Job #49816.07 Engineers Environmental Scientists Software Developers Landscape Architects Planners Surveyors 349 Main Street, Route 28, Unit D / West Yarmouth, MA 02673 / 508-778-8919 APRIL 26, 2024 Town of Barnstable Conservation Commission 230 South Street Hyannis, MA 02601 Attn: Darcy Karle, Conservation Adminstrator RE: Notice of Intent Application: Proposed Maintenance Dredging of Approach, Inner, and 1916 Channels within Popponesset Bay, Barnstable, Massachusetts, BSC Job #49816.07 Dear Ms. Karle and Members of the Conservation Commission: BSC Goup, Inc. is pleased to submit this Notice of Intent Application (NOI) on behalf of our client, the Town of Mashpee c/o Rodney Collins for proposed maintenance dredging of the portions of the approach channel, inner channel, and 1916 channel within Popponesset Bay that extends Into Barnstable (the Site). This application Is being submitted In accordance with the regulations stated within the Massachusetts Wetlands Protection Act (310 CMR 10.00) and the Town of Barnstable Wetlands Protection Bylaw. Please review this NOI application and let me know if you have any questions or require additional information at (508) 778 - 8919. Sincerely, BSC GROUP, INC. Paul Mancuso, WPIT Wetland Scientist cc: Town of Mashpee, c/o Rodney Collins, 16 Great Neck Road North, Mashpee, MA 02649 Natural Heritage and Endangered Species Program, 1 Rabbit Hill Road, Westborough, MA 01581 Mass DEP SERO, 20 Riverside Drive, Lakeville, MA 02347 TABLE OF CONTENTS Item Attachment Town of Barnstable NOI Application Forms 1 Notice of Intent Form 2 Filing Fee Information 3 Project Description 4 USGS Site Locus Map 5 FEMA Map 6 NHESP Priority & Estimated Habitat Map 7 Abutter Information 8 Site Plans 9 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 the 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 mailings 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 abutters were notified of the Notice of Intent Application, pursuant to the requirements of Chapter 237 of the General Ordinances of the Code of the Town of Barnstable. Notice must be made in writing by certified mail to all abutters within 100 ft of the property line of the project location. _______________________________________ Signature of Applicant or Representative Date 3. Field Staking: a. On or before Tuesday, @ 8:30 a.m., one week prior to the scheduled public hearing, have your project staked by a professional engineer or registered land surveyor showing all outside corners of all proposed structures and the continuous proposed “limit of work” line. b. Have a wetland scientist or other qualified professional flag all wetland resource areas on or within 100 ft of the work area. Make sure that the flags are sequentially numbered. c. Provide a project identification stake with bright painted top and applicant name and address, easily visible from the street approaching the site. 4. Legal Advertisement Fees: a. Conservation will submit the legal ad for publication in a local newspaper. The applicant or his/her agent is responsible for payment, by check (payable to the Town of Barnstable), at the hearing or by mail. The cost of the legal ad will be pre-calculated and posted on the hearing agenda prior to the hearing. 5. Minimum Documentation for a Complete Application: a. Provide a completely filled-out (in all parts) NOI application as locally adopted for the Town of Barnstable, including MassDEP Vegetated Wetland Field Data Form. Indicate Assessor’s map and parcel of the project, as well as the street or road address, and pertinent village (i.e., Hyannis, Centerville, Barnstable, etc). b. Provide two (2) original project plans, stamped in blue or red ink (wet stamp). Plans must be signed and dated by a Massachusetts licensed, professional engineer, land surveyor, architect or landscape architect (as applicable), and shall be drawn at a readable scale (1" = 20' preferred). For multi-acre sites, a second site plan, drawn at larger scale showing the entire site, should also be provided. Chap 707/rev. 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 areas. Plans shall provide sufficient detail to show all potential wetland impacts, mitigation, compensatory areas, engineered structures, utilities, landscaping, etc. within the area of jurisdiction. On complicated sites, existing and proposed conditions must be shown on separate sheets. c. Locus inset map of the site clearly showing its location relative to surrounding public streets. d. All wetland resource area flags by individual flag number (matched to the field) to clearly identify all resource areas on or within 100 feet of the work area. The individual who performed the flagging and date of flagging shall be identified on the plan next to the resource line. e. Section views showing changes in grade, cuts and fills. 7. SUBMISSION OF THE COMPLETED APPLICATION WITH PLANS: a. 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; 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): N/A - In Water Work a. Street Address Barnstable b. City/Town 02635 c. Zip Code Latitude and Longitude: 41.587993 d. Latitude -70.456314 e. Longitude N/A f. Assessors Map/Plat Number N/A g. Parcel /Lot Number 2. Applicant: a. First Name b. Last Name Town of Mashpee c/o Rodney Collins c. Organization 16 Greak Neck Road North d. Street Address Mashpee e. City/Town MA f. State 02649 g. Zip Code 508-539-1401 h. Phone Number i. Fax Number RCCollins@MashpeeMA.gov j. Email Address 3. Property owner (required if different from applicant): Check if more than one owner a. First Name b. Last Name c. Organization d. Street Address e. City/Town f. State g. Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Paul a. First Name Mancuso b. Last Name BSC Group, Inc. c. Company 349 Route 28, Unit D d. Street Address West Yarmouth e. City/Town MA f. State 02673 g. Zip Code 508-778-8919 h. Phone Number i. Fax Number PMancuso@BSCGroup.com j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): N/A Municapal Exempt a. Total Fee Paid N/A Municapal Exempt b. State Fee Paid $N/A Municapal Exempt.50 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: Proposed maintenance dredging within the existing Approach channel, Inner channel, and 1916 channel within Popponesset Bay. Portions of each channel extend into Barnstable 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. Residential Subdivision 3. Commercial/Industrial 4. Dock/Pier 5. Utilities 6. Coastal engineering Structure 7. Agriculture (e.g., cranberries, forestry) 8. Transportation 9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: a. County b. Certificate # (if registered land) c. Book d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc • rev. 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 84,600 1. square feet 7,913 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 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 2024 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 84,600 percentage/acreage (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. Plan to Accompany a Notice of Intent Comprehensive Dredging & Disposal Project a. Plan Title BSC Group, Inc. b. Prepared By Kieran Healy c. Signed and Stamped by 2/27/2024 d. Final Revision Date 1" = 600' 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 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: N/A a. Street Address Barnstable b. City/Town c. Check number d. Fee amount 2. Applicant Mailing Address: a. First Name b. Last Name Town of Mashpee c/o Rodney Collins c. Organization 16 Great Neck Road North d. Mailing Address Mashpee e. City/Town MA f. State 02649 g. Zip Code 508-539-1401 h. Phone Number i. Fax Number RCCollins@MashpeeMA.gov 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 Cat 4 - Dredging 1 $1,450.00 $1,450.00 Step 5/Total Project Fee: N/A Municapal Exempt Step 6/Fee Payments: Total Project Fee: N/A Municapal Exempt a. Total Fee from Step 5 State share of filing Fee: N/A Municapal Exempt b. 1/2 Total Fee less $12.50 City/Town share of filling Fee: N/A Municapal 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.) Notice of Intent Maintenance Dredge of Approach, Inner, & 1916 Channel Barnstable, Massachusetts PROJECT DESCRIPTION 1.0 INTRODUCTION The proposed project is located within Popponesset Bay (the Site) in Barnstable and Mashpee, MA. The project involves maintenance dredging of the approach, inner, and 1916 channels. This application is being submitted in accordance with the Massachusetts Wetlands Protection Act and the Town of Barnstable Wetlands Protection By-law. 2.0 SITE DESCRIPTION The proposed project is located within Popponesset Bay in Barnstable. There are three existing navigation channels within Popponesset Bay that are proposed for maintenance dredging; the approach channel, the inner channel, and the 1916 channel. These three navigation channels extend from the Town of Mashpee into the Town of Barnstable. The wetland resource areas and areas of conservation jurisdiction on the site that are protected under the Wetlands Protection Act and the Town of Barnstable’s Wetland Protection Bylaw include: • Land Under Ocean 3.0 PROPOSED ACTIVITIES The purpose of this application is to authorize the following activities: Maintenance Dredging: The proposed project involves maintenance dredging of three existing channels within Popponesset Bay; (1) the approach channel, (2) the inner channel, and (3) the 1916 channel. The dredging will be completed with a Hydraulic Dredge. Significant portions of each of these channels is located within the Town of Mashpee, but all three channels do extend into the waters within the Town of Barnstable. As such, this application is being submitted to the Barnstable Conservation Commission to permit maintenance dredging of the portions of these channels that are located in Barnstable. Details on each of the three navigation channels are discussed below. Approach Channel – The approach channel connects Popponesset Bay to the Nantucket Sound to the south. The entire approach channel is ~1800’ long and ~80’ wide (144,000 sf) and there is ~7,700 cy of sediment proposed to be dredged annually. The portion of the channel that is located within the Town of Barnstable is only ~230’ long and is ~80’ wide (~18,400 sf) and there is ~978 cy of sediment proposed to be dredged annually. However, at the time of the hydro survey, no sediment is needed to be dredge currently. Dredging will be done on an as needed basis annually to maintain the channel profile. Inner Channel – The inner channel leads from the entrance of Popponesset Bay towards Popponesset Island. The entire inner channel is ~1200’ long and ~80’ wide (96,000 sf) and there is ~5,800 cy of sediment proposed to be dredged annually. The portion of the channel that is located within the Town of Barnstable is only ~140’ long and is ~80’ wide (~11,200 sf) and there is ~676 cy of sediment proposed to be dredged annually. However, at the time of the hydro survey, no sediment is needed to be dredge currently. Dredging will be done on an as needed basis annually to maintain the channel profile. Notice of Intent Maintenance Dredge of Approach, Inner, & 1916 Channel Barnstable, Massachusetts 1916 Channel – This channel extends north from the entrance to Popponesset Bay. The entire 1916 channel is ~1750’ long and ~50’ wide (87,500 sf) and there is ~9,950 cy of sediment proposed to be dredged annually. The portion of the channel that is located within the Town of Barnstable is ~1,100’ long and is ~50’ wide (~55,000 sf) and there is ~6,259 cy of sediment proposed to be dredged annually. However, at the time of the hydro survey, no sediment is needed to be dredge currently. Dredging will be done on an as needed basis annually to maintain the channel profile. 4.0 PERFORMANCE STANDARDS WHEN LAND UNDER THE OCEAN OR NEARSHORE AREAS OF LAND UNDER THE OCEAN ARE FOUND TO BE SIGNIFICANT TO THE PROTECTION OF MARINE FISHERIES, PROTECTION OF WILDLIFE HABITAT, STORM DAMAGE PREVENTION OR FLOOD CONTROL, 310 CMR 10.25(3) THROUGH (7) SHALL APPLY: (3) Improvement dredging for navigational purposes affecting land under the ocean shall be designed and carried out using the best available measures so as to minimize adverse effects on such interests caused by changes in: (a) bottom topography which will result in increased flooding or erosion caused by an increase in the height or velocity of waves impacting the shore; (b) sediment transport processes which will increase flood or erosion hazards by affecting the natural replenishment of beaches; (c) water circulation which will result in an adverse change in flushing rate, temperature, or turbidity levels; or (d) marine productivity which will result from the suspension or transport of pollutants, the smothering of bottom organisms, the accumulation of pollutants by organisms, or the destruction of marine fisheries habitat or wildlife habitat. The proposed project does not include improvement dredging. Therefore this performance standard does not apply. (4) Maintenance dredging for navigational purposes affecting land under the ocean shall be designed and carried out using the best available measures so as to minimize adverse effects on such interests caused by changes in marine productivity which will result from the suspension or transport of pollutants, increases in turbidity, the smothering of bottom organisms, the accumulation of pollutants by organisms, or the destruction of marine fisheries habitat or wildlife habitat. The proposed project does involve maintenance dredging of land under ocean. This project has been designed and will be carried out using the best available measures to minimize adverse effects on marine productivity. (5) Projects not included in 310 CMR 10.25(3) or (4) which affect nearshore areas of land under the ocean shall not cause adverse effects by altering the bottom topography so as to increase storm damage or erosion of coastal beaches, coastal banks, coastal dunes, or salt marshes. The proposed project is included in 310 CMR 10.25 (4) so this performance standard does not apply. Notice of Intent Maintenance Dredge of Approach, Inner, & 1916 Channel Barnstable, Massachusetts (6) Projects not included in 310 CMR 10.25(3) which affect land under the ocean shall if water-dependent be designed and constructed, using best available measures, so as to minimize adverse effects, and if non-water-dependent, have no adverse effects, on marine fisheries habitat or wildlife habitat caused by: (a) alterations in water circulation; (b) destruction of eelgrass (Zostera marina) or widgeon grass (Rupia maritina) beds; (c) alterations in the distribution of sediment grain size; (d) changes in water quality, including, but not limited to, other than natural fluctuations in the level of dissolved oxygen, temperature or turbidity, or the addition of pollutants; or (e) alterations of shallow submerged lands with high densities of polychaetes, mollusks or macrophytic algae. The proposed project will use best available measures so as to minimize adverse effects on marine fisheries habitat or wildlife habitat. (7) Notwithstanding the provisions of 310 CMR 10.25(3) through (6), no project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. The proposed project is located within mapper Natural Hertiage and Endangered Species priority habitat. As such, this project is being submitted to NHESP for review and will follow any time-of- year restrictions or other recommendations issued by NHESP. 70°26'0"W 70°26'0"W 70°27'0"W 70°27'0"W 70°28'0"W 70°28'0"W 41°36'0"N41°36'0"N41°35'0"N41°35'0"NDocument Path: G :\GISPrj\49 8160 7\Output\Maps \MXD\Re portMaps\Ba rnsta ble \MainDr edgeBa rn_Locus _202 4040 2.mx dDate Sav ed: 4/2/202 4 9 :36 :23 AM TH IS DO CUMENT IS INTEND ED FOR GENERA L PLAN NING & INFOR MATION PUR PO SES ON LY. A LL MEASUR EMENTS & LOC ATIONS A RE APPROXIMATE Sca le :MAIN TE N A NC E DR E DG E O F A P PR O A CH , IN N ER , A N D 1916 C H AN N EL S US G S S ite L ocus MapBarnstable, MA (P a g e s ize : 8 .5 X 11 ) 1 in ch = 2 ,00 0 fe e t 0 1,00 0 2,00 0 Fee t H 1:2 4 ,0 0 0 , SI TELOCUS Serv ice Lay erCredits: Copy right:©2013 Na tion alGeographic S ociety,i-cub ed kj kj kj kj kj P O P P O N E S S E T IS L A N D R D VINEYARD RDMA S H P E E B A R N S TABL E MAIN TENANCE DRED GE OF A PPROACH, INNER,AND 1916 CH ANNELS THI S DO CUM ENT IS INT END ED FO R G ENERA L PL ANN ING & INF OR MATIO N PURPO SES O NLY. A LL MEASU REMEN TS & LOCAT IONS AR E A PPROXIMAT E N H E S P Ma p Ba rn stab l e, MA H File Loc a ti on: G :\GIS P rj\49 81 6 07 \O utput\Ma ps\MXD\Repor tMa ps \Ba rns tabl e\Ma in Dred geBa rn_NHE SP _2 0 24 0 40 2 .mx dDate Sa v ed : 4/2/20 24 9 :33 :5 1 AM 0 250 500 Fe et 1 i nc h = 5 0 0 fee t Resource Ar eas Revi ew ed:NH ESP C ertified Ver nal Pools ; PotentialVernal Pools; NH ESP Prior ity Habitats;NH ESP Esti mated H abitats; NH ESPRestricted D ata; Areas of C ri ticalEnvironmental C oncer n; M assD EPEelgrass M apping Projec t; C ZM Shel lfishSuitability Ar eas; DM F D es ignatedShelfish Growi ng Areas Sc ale: Lege nd kj Ce rt ifie d Ve r n al Po o ls NH ESP Pr ior it y H a b ita ts NH ESP Est im a te d H ab it at s To wn B o un d a ry 1:6,000 P O P P O N E S S E T IS L A N D R D VINEYARD RDMA S H P E E B A R N S TABL E MAIN TENANCE DRED GE OF A PPROACH, INNER,AND 1916 CH ANNELS THI S DO CUM ENT IS INT END ED FO R G ENERA L PL ANN ING & INF OR MATIO N PURPO SES O NLY. A LL MEASU REMEN TS & LOCAT IONS AR E A PPROXIMAT E FE M A Ma p Ba rn stab l e, MA H File Loc a ti on: G :\GIS P rj\49 81 6 07 \O utput\Ma ps\MXD\Repor tMa ps \Ba rns tabl e\Ma in Dred geBa rn_FE MA_2 0 24 04 0 2.mx dDate Sa v ed : 4/2/20 24 9 :50 :1 7 AM 0 250 500 Fe et 1 i nc h = 5 0 0 fee t Resource Ar eas Revi ew ed:NH ESP C ertified Ver nal Pools ; PotentialVernal Pools; NH ESP Prior ity Habitats;NH ESP Esti mated H abitats; NH ESPRestricted D ata; Areas of C ri ticalEnvironmental C oncer n; M assD EPEelgrass M apping Projec t; C ZM Shel lfishSuitability Ar eas; DM F D es ignatedShelfish Growi ng Areas Sc ale: Lege ndFEMA 100yr Flood Zone s Z on e AE Z on e V E To wn B o un d a ry 1:6,000 3,600.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcel 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. 150 Town of Barnstable GIS Unit 300 3/27/2024 gis@town.barnstable.ma.us Printed on: 0 ft.300 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 Parcel 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 003001 BARNSTABLE LAND TRUST INC 1540 MAIN STREET WEST BARNSTABLE 02668MA 003003 LLOYD, WILLIAM W & ALICE B TRS E L A REALTY TRUST 406 E ALAMEDA DRIVE TEMPE 85282-3821AZ 015006004 260/270 VINEYARD ROAD LLC 926 DOUGLASS DRIVE MCLEAN 22101VA 3/27/2024 9:01 AMReport Generated On:Page 1 of 1 3Total 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. 3,600.00 Conservation Notice of Intent (NOI) Abutter Map for Subject Parcel 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. 150 Town of Barnstable GIS Unit 300 3/27/2024 gis@town.barnstable.ma.us Printed on: 0 ft.300 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 Parcel 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 003003 LLOYD, WILLIAM W & ALICE B TRS E L A REALTY TRUST 406 E ALAMEDA DRIVE TEMPE 85282-3821AZ 003004 LLOYD, NINA & JANET & GEORGE & HELEN 1010 WALTHAM ST - #17 LEXINGTON 02421-8061MA 004013001 COTUIT LOT 76 LLC 74 CLARENDON STREET SUITE A BOSTON 02116MA 015006001 WJL LLLP C/O WINGATE LLOYD 1010 WALTHAM ST - #17 LEXINGTON 02421-8061MA 015006002 LLOYD, WILLIAM W, ET AL TRS VINEYARD ROAD HERITAGE TRUST 1010 WALTHAM ST- #17 LEXINGTON 02421-8061MA 015006003 260/270 VINEYARD ROAD LLC 926 DOUGLASS DRIVE MCLEAN 22101VA 015006004 260/270 VINEYARD ROAD LLC 926 DOUGLASS DRIVE MCLEAN 22101VA 015007 LLOYD, ALICE B TR & HOBSON, ELIZABETH TR LWVR REALTY TRUST & E P HOBSON LIV TR 406 E. ALMEDA DRIVE TEMPE 85282-3821AZ 015008005 ORCATUIT LLC 801 NW 175TH STREET SHORELINE 98177WA 3/27/2024 9:04 AMReport Generated On:Page 1 of 1 9Total 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)