HomeMy WebLinkAboutNOI 8.21.2025
Notice of Intent
for
635 West Yarmouth Road
Bayberry Hills Golf Course
Yarmouth, MA
(Parcel ID: 86-10)
DATE:
August 21, 2025
ADDRESSED TO:
Yarmouth Conservation Commission
Yarmouth Town Hall
1146 Route 28
South Yarmouth, MA 02664
PREPARED BY:
Goddard Consulting LLC
291 Main Street, Suite 8
Northborough, MA 01532
In collaboration with:
SŌLitude Lake Management
590 Lake Street
Shrewsbury, MA 01545
PREPARED FOR:
Josh Lyon
Bayberry Hills Gold Course
635 West Yarmouth Road
Yarmouth, MA 02673
August 21, 2025
Yarmouth Conservation Commission
Yarmouth Town Hall
1146 Route 28
South Yarmouth, MA 02664
Re: Notice of Intent
Bayberry Hills Golf Course – Irrigation Ponds
635 West Yarmouth Road Yarmouth, MA 02673
(Parcel: 86-10)
Dear Yarmouth Conservation Commission,
On behalf of Josh Lyon of Bayberry Hills Golf Course (the Applicant), Goddard Consulting, LLC (Goddard) in
collaboration with SŌLitude Lake Management is pleased to hereby submit this Notice of Intent (NOI) application
for an ecological restoration project within the Bayberry Hills Golf Course’s three irrigation ponds in Yarmouth, MA.
The project would involve the application of herbicide across the extent of the three irrigation ponds with the goal of
managing plant assemblages, which are currently dominated by nuisance curly-leaf pondweed, filamentous algae
blooms, and to invasive Phragmites reeds. The proposed project is being filed as an Ecological Restoration Limited
Project under 310 CMR 10.53(4) and will protect the interests of the Wetlands Protection Act. The proposed
management regime preserves and improves the ecological and aesthetic uses of the three ponds.
This NOI application is a filing under the MA Wetlands Protection Act (WPA). Enclosed are the WPA Form 3 and
additional supporting documentation for the project for your review and approval.
Sincerely,
Goddard Consulting, LLC & SŌLitude Lake Management
Tom Schutz, WPIT, WSA
Lead Wetland Scientist
CC (via email):
SŌLitude Lake Management, 590 Lake Street, Shrewsbury, MA 01545
Josh Lyon, Bayberry Hills Golf Course, 635 West Yarmouth Street, Yarmouth MA 02673
MassDEP Southeast Regional Office, 20 Riverside Drive, Lakeville, MA 02347
TABLE OF CONTENTS
1.0 INTRODUCTION ............................................................................................................................................. 3
2.0 EXISTING CONDITIONS ............................................................................................................................... 4
2.1 OVERVIEW ....................................................................................................................................................................... 4
2.2 RESOURCE AREAS ON-SITE ..................................................................................................................................... 4
2.2.1 LAND UNDER WATER BODIES AND WATERWAYS ...................................................................................... 4
2.2.2 BANK .................................................................................................................................................................................. 5
2.2.3 HABITAT AREA .............................................................................................................................................................. 5
3.0 PROPOSED PROJECT ...................................................................................................................................... 5
3.1 GENERAL OVERVIEW ................................................................................................................................................ 5
3.2 POND MANAGEMENT ................................................................................................................................................ 5
3.3 ECOLOGICAL RESTORATION PROJECT ............................................................................................................ 6
3.4 RARE SPECIES HABITAT & FEMA FLOOD DESIGNATIONS ..................................................................... 6
3.4.1 HERBICIDE DESCRIPTIONS & POTENTIAL ADVERSE EFFECTS ............................................................ 6
3.4.2 RISKS – MONITORING & PREVENTION ............................................................................................................. 7
3.4.3 HERBICIDE IMPACTS TO RESOURCE AREAS ................................................................................................... 7
4.0 REGULATORY COMPLIANCE WITH WETLANDS PROTECTION ACT ................................................ 8
4.1 LAND UNDER WATER BODIES AND WATERWAYS ...................................................................................... 8
5.0 ALTERNATIVE ANALYSIS ............................................................................................................................. 9
5.1 ALTERNATIVE ANALYSIS ......................................................................................................................................... 9
5.1.1 ALTERNATIVE A: NO MANAGEMENT ................................................................................................................ 9
5.1.2 ALTERNATIVE B: SEDIMENT EXCAVATION/DREDGING ........................................................................ 9
5.1.3 ALTERNATIVE C: HAND REMOVAL/MECHANICAL REMOVAL ............................................................. 9
5.1.4 ALTERNATIVE D: BOTTOM WEED BARRIERS ................................................................................................ 9
5.1.5 ALTERNATIVE E: BIOLOGICAL ............................................................................................................................. 9
6.0 CONCLUSION ................................................................................................................................................. 10
LIST OF ATTACHMENTS
Attachment A: WPA Form 3 – Notice of Intent
Appendix A: Limited Ecological Restoration Project
Attachment B: Cohasset NOI Filing Requirements
Yarmouth Administrative Checklist
Yarmouth Site Authorization Form
Fee Schedule Worksheet
Attachment C: Abutter Information & Outreach
Affidavit of Service
Notification to Abutters
Certified Abutters List
Environmental Monitor Publication
Attachment D: Mapping
USGS of the Locus Site, Goddard Consulting, LLC, 8/20/2025
Orthophoto of the Locus Site, Goddard Consulting, LLC, 8/20/2025
Attachment E: Safety Datasheets
1.0 INTRODUCTION
On behalf of Josh Lyon of the Bayberry Hills Golf Course (the Applicant), Goddard Consulting, LLC (Goddard) is
pleased to hereby submit this Notice of Intent (NOI) application for an ecological restoration project on the property
addressed as 635 West Yarmouth Street (Parcel ID: 86-10, hereinafter referred to as “site”) in Yarmouth. The
proposed treatment area is within three existing golf course irrigation ponds. Proposed work consists of the
application of herbicide to address nuisance curly-leaf pond weed, filamentous algae blooms, and invasive Phragmites
growth in the ponds.
This report describes existing conditions, resource areas present on site, the proposed work and project compliance
with the Massachusetts Wetlands Protection Act. We request that the Yarmouth Conservation Commission issue an
Order of Conditions for the proposed work as described below. A five-year approval is requested for the
implementation and monitoring of the invasive species management program.
Figure 1. Orthophoto view of the Bayberry Hills Golf Course. The three irrigation ponds where treatment is
proposed are highlighted in blue.
2.0 EXISTING CONDITIONS
The three irrigation ss are located at Bayberry Hills Golf Course addressed as 635 West Yarmouth Street in Yarmouth.
The site is located between Route 6 to the north, single-family houses on West Yarmouth Road to the east, single-
family houses on Higgins Crowell Road to the west, and conservation land to the south. The site is comprised of an
eighteen-hole golf course. Two of the irrigation ponds are located in the south-central portion of the site. The largest
of the three ponds is located in the northeastern corner of the site. The ponds are private waterbodies used as irrigation
ponds for the golf club and passive wildlife viewing.
The ponds are 0.75 (32,670sf) (south), 1.15 (50,094sf) (southeast) and 1.5 (65,340sf) (northeast) acres. The ponds
have an average depth of 4-feet and a maximum depth of 9-feet. The estimated volume of three ponds is 4.9 million
gallons. There are no known inlets or outlets of the ponds.
2.1 OVERVIEW
The three ponds and vegetation assemblage have been surveyed starting in 2025 by a SOLitude biologist. Nuisance
curly-leaf pond weed, and filamentous algae blooms were found throughout the entirety of the three ponds.
Invasive Phragmites exist on the entirety of the banks of the pond. The speed and extent of the spread throughout
the ponds have prompted a need for immediate control, as conditions are expected to worsen without treatment.
Aquatic vegetation in ponds is an important aspect of the local ecology. Vegetation provides food, structural habitat,
and cover for fish and invertebrates. Other animals such as mammals and waterfowl also benefit from pond vegetation
as an ample food source. Diverse pond vegetation, including a mix of vegetated aquatic communities and open water
species can further provide to the surrounding ecosystem and have significant value to wildlife. Though crucial to
pond environments, problematic venation can become dense to the point of creating low diversity coverage and
degrading the qualities of the pond by disrupting the natural environment. Some of the negative impacts resulting
from dense, monotypic vegetation coverage include fish kills resulting from oxygen depletion, hyper-eutrophication
from organic infilling due to seasonal die back, and habitat degradation resulting in obstructed fish movements.
The current condition of the ponds requires active management in order to maintain the water and habitat quality to
more natural conditions. Dense amounts of vegetation within the extent of the ponds have degraded the aquatic
environment. There is an overabundance of nuisance vegetation, currently at levels that risk starving the pond of
oxygen and limiting biodiversity. Through this Ecological Restoration project, we propose to use several herbicides,
historically approved by the Commission, and applied to the ponds to restore them to their original state. No
management of the ponds would result in the continued takeover of problematic vegetation, leading to further
degradation of the aquatic environment. The goal is to leave no greater than 25% aquatic vegetation cover within the
ponds, while fully removing and controlling the nuisance species present.
2.2 RESOURCE AREAS ON-SITE
2.2.1 LAND UNDER WATER BODIES AND WATERWAYS
Under the Wetlands Protection Act, Land under Water Bodies and Waterways is defined as “the bottom of, or
land under, the surface of the ocean or any estuary, creek, river, stream, pond, or lake.” These areas are also
protected under the Town of Yarmouth’s wetland bylaw. No significant changes or alterations to this resource
area will happen as a result of the treatment. This resource area is expected to be enhanced through the removal
of excessive nuisance species, and subsequent improvement of water quality and habitat, as well as lessening
eutrophic conditions.
2.2.2 BANK
Under the Wetlands Protection Act, Bank is defined as “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.
2.2.3 HABITAT AREA
The ponds are not located within an Area of Critical Environmental Concern (ACEC) Outstanding Resource
Water (ORW) area. The ponds are not mapped within estimated or priority habitat of rare species on the most
recent habitat map of State-listed Rare Wildlife published by Natural Heritage and Endangered Species Program.
3.0 PROPOSED PROJECT
3.1 GENERAL OVERVIEW
The applicant proposes to treat the three golf course irrigation ponds with a variety of herbicides to control the
problematic vegetation. This application is requesting approval for use of herbicides including diquat (Tribune),
flumioxazin (Flumigard SC), glyphosate (AquaPro), and algaecides (Captain). The proposed herbicides and
algaecides specifically affect the target species to be controlled and have a negligible effect on the non-target species
and wildlife when applied in accordance with the label directions. All chemicals will be applied at or below
suggested doses according to the product label. All doses are based on plant types and densities, so that a minimum
amount of the chemicals is introduced into the waterbody. The herbicides will be applied within the limit of work
and below the mean annual low water line of the ponds. These treatments are proposed for the purpose of
ecological restoration to restore the aquatic habitat and water quality of the ponds.
Management and treatment of the vegetation will be paired with pre- and post- treatment surveys to access and
confirm appropriate management conditions, physical and chemical properties of the lake, treatment areas, and
timing, as well as determine the effectiveness of treatment. The information and summaries from these pre- and post-
treatment surveys will be supplied to the Yarmouth Conservation Commission, paired with treatment area maps and
information on the used herbicide.
3.2 POND MANAGEMENT
Once an Order of Conditions has been issued by the Yarmouth Conservation Commission, the licensed applicator
will complete the filing for a State Pesticide Use Permit (WM04) with the Massachusetts Department of
Environmental Protection (MA-DEP).
Future Management
Due to the nature of managing invasive and nuisance species, long term management is required for the continued
control of these species and subsequent restoration of the ponds. Some regrowth in subsequent years is expected,
along with the potential for algae to become a problem.
Annual surveys will be undertaken in the following years around Spring and early-Summer. With these surveys,
recommendations will be provided to the Yarmouth Conservation Commission on the best approach to continued
management. If there is regrowth of the target species, it will be handled with the appropriate management practice.
3.3 ECOLOGICAL RESTORATION PROJECT
This project has been filed as an Ecological Restoration Project in accordance with 310 CMR 10.53(4). As per 310
CMR 10.04, “Ecological Restoration Limited Project means an Ecological Restoration Project that meets the eligibility
criteria set forth in 310 CMR 10.24(8) or 10.53(4).” 310 CMR 10.53(4)(e)(5) states that, “An Ecological Restoration
Project that is not listed in 310 CMR 10.54(4)(e)2. Through 4., that will improve the natural capacity of a Resource
Area(s) to protect the interests identified in M.G.L. c. 131, § 40, may be permitted as an Ecological Restoration Limited
Project provided that the project meets the eligibility criteria set forth in 310 CMR 10.54(4)(a) through (d). Such
projects include, but are not limited to, the restoration, enhancement, or management of Rare Species habitat, the
restoration of hydrologic and habitat connectivity, the removal of aquatic nuisance vegetation to retard pond and lake
eutrophication, the thinning or planting of vegetation to improve habitat value, riparian corridor re-naturalization,
river floodplain reconnection, in-stream habitat enhancement, fill removal and regarding, flow restoration, and the
installation of fish passage structures.”
3.4 RARE SPECIES HABITAT & FEMA FLOOD DESIGNATIONS
According to the Mass GIS data layers for NHESP, this site is not located within Estimated and/or Priority Habitat
of Rare Wildlife. The site is not located in an Area of Critical Environmental Concern (ACEC) or a regulated FEMA
flood zone. The site is not located in an Area of Critical Environmental Concern (ACEC) or within a regulated FEMA
flood zone.
3.4.1 HERBICIDE DESCRIPTIONS & POTENTIAL ADVERSE EFFECTS
Diquat (Tribune - EPA # 100-1390 or equivalent)
Tribune (diquat) is an effective herbicide for partial-pond treatments due to its rapid mode of action and
short herbicide concentration-exposure-time requirements. Even though diquat is considered to be a contact-
herbicide, longer term control may be seen as plants’ root crowns will not be allowed to develop.
The USEPA/MA registered herbicide diquat dibromide (Tribune) will be applied to the area at or below the
permissible label dose. Tribune is applied to more than 500 lakes and ponds annually, throughout the northeast, to
control nuisance submersed aquatic plants. Diquat would be applied to control milfoil, naiad, and other nuisance
submersed plants at the application rate of 1.0-2.0 gal/acre, if necessary. Temporary water use restrictions for diquat
are now: 1) No drinking or cooking for 3 days. 2)No irrigation of turf for 3 days and of food crops for 5 days, and
3) No livestock watering for 1 day. There are no restrictions on swimming, boating, or fishing, but prudent
herbicide/algaecide management, suggest that we close the pond on the day of treatment. The shoreline of the
ponds will be posted with signs warning of these temporary water use restrictions, prior to treatment.
Diquat is translocated to some extent within the plant. Its rapid action tends to disrupt the leaf cuticle of
plants and acts by interfering with photosynthesis. Upon contact with the soil, it is adsorbed immediately
and thereby biologically inactivated. Residual levels of diquat in treated water decline rapidly and their
reduction is due to the uptake by the targeted vegetation and adsorption to suspended soil particles in the
water or on the bottom mud. Photochemical degradation accounts for some loss under conditions of high
sunlight and clear waters.
Glyphosate (AquaPro - EPA # 62719-324-67690, Rodeo – EPA # 62719-324 or equivalent):
Glyphosate is a broad spectrum, systemic herbicide. It works by preventing plants from synthesizing protein and
producing new tissue. Its aquatic formulation is effective against most emergent and floating plant species, and at
recommended doses it is relatively non-toxic to aquatic fauna. Invertebrates do not appear to suffer any direct
impacts from Glyphosate treatments. Glyphosate quickly degrades into non-toxic components in aquatic
environments. Direct contact with the plant’s leaves can kill the entire plant, and it only requires a few hours of
contact. Glyphosate does have potential to kill non-target species if it comes into direct contact with their leaves.
Copper Algaecide (Captain – EPA # 67690-9)
Copper based algaecides are requested to be used as dictated by monitoring and sampling. These algaecides are
commonly used across the state, even in drinking water reservoirs. There are no water-use restrictions associated with
copper-based algaecides. The liquid algaecides are first diluted with pond water, then distributed across the rest of the
area.
Copper based algaecides (i.e. CuSO4, Captain, SeClear) are widely used and are applied to lakes and ponds
throughout North America to control nuisance filamentous and microscopic algae. There are no water use
restrictions associated with copper-based algaecides and SŌLitude treats several direct, potable (drinking) water
reservoirs and a number of recreation waterbodies in the Commonwealth with these algaecides, on a yearly basis.
The concentrated liquid algaecides are first diluted with pond water and are then sprayed throughout the pond area.
The application rate is generally 0.2 ppm or less for algae control. If applied, treatment will not exceed 50% of the
pond volume.
Flumioxazin (Flumidard SC – EPA # 81927-78)
The herbicide flumioxazin (marketed as Clipper), which is registered with both the USEPA and the Massachusetts
Department of Agricultural Resources, is currently the only contact herbicide approved in Massachusetts for
effectively controlling duckweed, watermeal, and filamentous algae. Although recently approved in the state,
flumioxazin use is subject to several restrictions that currently limit its application. Until it sees broader use and
more supporting data is collected within Massachusetts, these restrictions are unlikely to be lifted. As such, its
application is best suited for targeted spot treatments within a pond.
Clipper works by inhibiting the enzyme protoporphyrinogen oxidase (PPO), leading to cell membrane disruption
and resulting in rapid, effective control of a broad range of susceptible aquatic plants. As a true contact herbicide,
Clipper does not demonstrate systemic activity, yet multi-year control has been observed in some New England
projects where it has been applied. Due to its fast-acting nature and short half-life, flumioxazin is ideal for localized,
site-specific treatments.
3.4.2 RISKS – MONITORING & PREVENTION
All potential treatments have some degree of temporary risk to water quality and fish safety. Risks associated with
herbicide application within the ponds include oxygen depletion, water quality degradation, noxious odors, fish kills,
and potentially impacting non-targeted species. However, when treatment is done properly by a qualified herbicide
applicator, risks are significantly minimalized. In addition, regular monitoring of the site will be conducted through
evaluating the following characteristics of the pond to prevent the following problems from occurring.
3.4.3 HERBICIDE IMPACTS TO RESOURCE AREAS
LUWW Impacts (Temporary) Bank Impact
148,104 SF of Total Pond Surface Area 0
Impacts to the resource areas on & around the ponds include LUWW & Bank. Impacts to the LUWW will be
temporary, and there are not expected to be any impacts to Bank. Impacts to LUWW will include the target of and
removal of the problematic species within the ponds.
4.0 REGULATORY COMPLIANCE WITH WETLANDS PROTECTION ACT
Work within resource areas protected by the Wetlands Protection Act is being proposed. The project has been
designed to meet the Wetlands Protection Act’s general performance standards for work within resource areas and to
minimize impacts to the extent practicable. Table 1 below outlines impacts to the resource area on site. Explanation
on how the project meets the performance standards of each resource follows.
4.1 LAND UNDER WATER BODIES AND WATERWAYS
§ 10.56
Land Under Water Bodies and Waterways
Performance Standards Compliance
10.56
(4)(a)(1)
Any proposed work within Land under Water Bodies
and Waterways shall not impair the following:
The water carrying capacity within the defined channel,
which is provided by said land in conjunction with the
banks.
Treatment involved will not affect the carrying
capacity of the ponds.
10.56
(4)(a)(2)
Ground and surface water quality.
Ground water quality is not expected to be
impacted from work. Surface water quality has the
potential to be adversely impacted during
treatment, but by following the procedures listed
above in the Potential Adverse Effects water
quality will not be impaired.
10.56
(4)(a)(3)
The capacity of said land to provide breeding habitat,
escape cover and food for fisheries.
Vegetation management through treatment is
expected to improve the habitat and cover quality
of the pond, as the current dense coverages are at
nuisance levels that obstruct fish movement.
Biodiversity will also be improved.
10.56
(4)(a)(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
As listed above, treatment is expected to improve
the quality of the pond’s wildlife habitat functions
by improving biodiversity, removing nuisance
weeds that can obstruct dissolved oxygen levels,
and clear up the pond so fish have improved
visibility and less obstructions.
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.
5.0 ALTERNATIVE ANALYSIS
5.1 ALTERNATIVE ANALYSIS
Since some work is proposed within the Wetlands Protection Zone, the applicant has provided the following analysis
of alternatives for pond treatment. Alternatives were analyzed for potential viability and practicality given the site’s
environmental constraints.
5.1.1 ALTERNATIVE A: NO MANAGEMENT
Performing zero management to the pond was considered as an alternative to the application of herbicides across
the pond. Due to the dense growth of native vegetation in the pond, no management is not recommended, as the
continued lack of management limits biodiversity of the ponds and can deplete dissolved oxygen.
5.1.2 ALTERNATIVE B: SEDIMENT EXCAVATION/DREDGING
Dredging nutrient rich sediment along the pond bottom is sometimes used as a method to control excessive weed
growth. Conventional and hydraulic dredging requires an extensive and expensive project compared to herbicide
treatment. Access and staging areas can also be a limiting factor to this management, combined with severe
negative impacts to aquatic organisms with no guarantees of complete nuisance species removal.
5.1.3 ALTERNATIVE C: HAND REMOVAL/MECHANICAL REMOVAL
Hand or Mechanical Removal is not ideal as well, due to the expensive costs with a possibility of control of the
vegetation only being short-lived and will require multiple volunteers over several days. Another option
considered for milfoil removal is DASH, or Diver Assisted Suction Harvesting, the process of a diver hand
removing and delivering the removed plant through a suction hose for bulk removal. This, however, is difficult
and time consuming. This method is also much more expensive compared to herbicide application.
5.1.4 ALTERNATIVE D: 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 ~$1.75/ft2 (material & installation). Semi-annual maintenance to retrieve, clean and re-deploy the
barriers would be expensive and time consuming. Additionally, covering expansive areas of the pond bottom
may also have detrimental impacts on invertebrates or other types of wildlife
5.1.5 ALTERNATIVE E: BIOLOGICAL
There are no proven biological controls available or approved by the State for the control of the invasive aquatic
plant species present on the three irrigation ponds.
6.0 CONCLUSION
In summary, Goddard Consulting and SŌLitude believe that the proposed treatment will not have any adverse
impacts on the interests identified in the Wetlands Protection Act in the long term. In fact, the proposed management
regime will result in an improvement of the irrigation ponds’ capacity to act in the interests of the Wetlands Protection
Act by rehabilitating the vegetation assemblage. The proposed project meets all regulatory compliance standards under
the Wetlands Protection Act; therefore, Goddard Consultincog respectfully requests that the Yarmouth Conservation
Commission issue an Order of Conditions approving the proposed project.
Please feel free to contact us if you have any questions about this Notice of Intent submission.
Sincerely,
Goddard Consulting, LLC & SŌLitude Lake Management
Tom Schutz, WPIT, WSA
Wetland Scientist
wpaform3.doc • rev. 12/4/2023 Page 1 of 9
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
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):
635 West Yarmoth Road - Irrigation Pond
a. Street Address
Yarmouth
b. City/Town
02673
c. Zip Code
Latitude and Longitude: 41.693235
d. Latitude
-70.228302
e. Longitude
86
f. Assessors Map/Plat Number
10
g. Parcel /Lot Number
2. Applicant:
Josh
a. First Name
Lyon
b. Last Name
Bayberry Hills Golf Course
c. Organization
635 West Yarmouth Road
d. Street Address
Yarmouth
e. City/Town
MA
f. State
02673
g. Zip Code
(413) 537-2924
h. Phone Number
i. Fax Number
jlyon@yarmouth.ma.us
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):
Tom
a. First Name
Schutz
b. Last Name
Goddard Consulting, LLC
c. Company
291 Main Street, Suite 8
d. Street Address
Northborough
e. City/Town
MA
f. State
01532
g. Zip Code
(508) 393-3784
h. Phone Number
i. Fax Number
tom@goddardconsultingllc.com
j. Email address
5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
$500.00
a. Total Fee Paid
$237.50
b. State Fee Paid
$262.50
c. City/Town Fee Paid
wpaform3.doc • rev. 12/4/2023 Page 2 of 9
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
A. General Information (continued)
6. General Project Description:
This Notice of Intent is for herbicide treatment of invasive and nuisiance vegation and algae within
three existing golf course irrigation ponds.
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)
310 CMR 10.24(8): Thinning of invasive vegetation to improve habitat value.
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)
5236
c. Book
0049
d. Page Number
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering
Vegetated Wetland, Inland Bank, or Coastal Resource Area.
2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3,
Coastal Resource Areas).
Check all that apply below. Attach narrative and any supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including
standards requiring consideration of alternative project design or location.
wpaform3.doc • rev. 12/4/2023 Page 3 of 9
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
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
148,104 (three ponds)
1. square feet
2. square feet
3. cubic yards dredged
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
d. Bordering Land
Subject to Flooding
1. square feet
2. square feet
3. cubic feet of flood storage lost
4. cubic feet replaced
e. Isolated Land
Subject to Flooding
1. square feet
2. cubic feet of flood storage lost
3. cubic feet replaced
f. Riverfront Area
1. Name of Waterway (if available) - specify coastal or inland
2. Width of Riverfront Area (check one):
25 ft. - Designated Densely Developed Areas only
100 ft. - New agricultural projects only
200 ft. - All other projects
3. Total area of Riverfront Area on the site of the proposed project:
square feet
4. Proposed alteration of the Riverfront Area:
a. total square feet
b. square feet within 100 ft.
c. square feet between 100 ft. and 200 ft.
5. Has an alternatives analysis been done and is it attached to this NOI? Yes No
6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No
3. Coastal Resource Areas: (See 310 CMR 10.25-10.35)
Note: for coastal riverfront areas, please complete Section B.2.f. above.
wpaform3.doc • rev. 12/4/2023 Page 4 of 9
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d)
Check all that apply below. Attach narrative and supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including
standards requiring consideration of alternative project design or location.
Online Users:
Include your
document
transaction
number
(provided on
your receipt
page) with all
supplementary
information you
submit to the
Department.
Resource Area Size of Proposed Alteration Proposed Replacement (if any)
a. Designated Port Areas Indicate size under Land Under the Ocean, below
b. Land Under the Ocean
1. square feet
2. cubic yards dredged
c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below
d. Coastal Beaches
1. square feet
2. cubic yards beach nourishment
e. Coastal Dunes
1. square feet
2. cubic yards dune nourishment
Size of Proposed Alteration Proposed Replacement (if any)
f. Coastal Banks
1. linear feet
g. Rocky Intertidal
Shores
1. square feet
h. Salt Marshes
1. square feet
2. sq ft restoration, rehab., creation
i. Land Under Salt
Ponds
1. square feet
2. cubic yards dredged
j. Land Containing
Shellfish
1. square feet
k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
1. cubic yards dredged
l. Land Subject to
Coastal Storm Flowage
1. square feet
4. Restoration/Enhancement
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the
square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional
amount here.
a. square feet of BVW
b. square feet of Salt Marsh
5. Project Involves Stream Crossings
a. number of new stream crossings
b. number of replacement stream crossings
wpaform3.doc • rev. 12/4/2023 Page 5 of 9
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
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
b. Date of map
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321
CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please
complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete
Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by
completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up
to 90 days to review (unless noted exceptions in Section 2 apply, see below).
c. Submit Supplemental Information for Endangered Species Review*
1. Percentage/acreage of property to be altered:
(a) within wetland Resource Area
percentage/acreage
(b) outside Resource Area
percentage/acreage
2. Assessor’s Map or right-of-way plan of site
2. Project plans for entire project site, including wetland resource areas and areas outside of
wetlands jurisdiction, showing existing and proposed conditions, existing and proposed
tree/vegetation clearing line, and clearly demarcated limits of work **
(a) Project description (including description of impacts outside of wetland resource area &
buffer zone)
(b) Photographs representative of the site
* Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma-
endangered-species-act-mesa-regulatory-review).
Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act.
** MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are
not required as part of the Notice of Intent process.
wpaform3.doc • rev. 12/4/2023 Page 6 of 9
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
C. Other Applicable Standards and Requirements (cont’d)
(c) MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for-
a-mesa-project-review).
Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at
above address
Projects altering 10 or more acres of land, also submit:
(d) Vegetation cover type map of site
(e) Project plans showing Priority & Estimated Habitat boundaries
(f) OR Check One of the Following
1. Project is exempt from MESA review.
Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14,
https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in-
priority-habitat; the NOI must still be sent to NHESP if the project is within estimated
habitat pursuant to 310 CMR 10.37 and 10.59.)
2. Separate MESA review ongoing.
a. NHESP Tracking #
b. Date submitted to NHESP
3. Separate MESA review completed.
Include copy of NHESP “no Take” determination or valid Conservation & Management
Permit with approved plan.
3. For coastal projects only, is any portion of the proposed project located below the mean high water
line or in a fish run?
a. Not applicable – project is in inland resource area only b. Yes No
If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either:
South Shore - Bourne to Rhode Island border, and
the Cape & Islands:
Division of Marine Fisheries -
Southeast Marine Fisheries Station
Attn: Environmental Reviewer
836 South Rodney French Blvd.
New Bedford, MA 02744
Email: dmf.envreview-south@mass.gov
North Shore - Plymouth to New Hampshire border:
Division of Marine Fisheries -
North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
Email: dmf.envreview-north@mass.gov
Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region,
please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact
MassDEP’s Southeast Regional Office.
c. Is this an aquaculture project? d. Yes No
If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57).
wpaform3.doc • rev. 12/4/2023 Page 7 of 9
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
City/Town
C. Other Applicable Standards and Requirements (cont’d)
Online Users:
Include your
document
transaction
number
(provided on
your receipt
page) with all
supplementary
information you
submit to the
Department.
4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP
Website for ACEC locations). Note: electronic filers click on Website.
b. ACEC
5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water
(ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
a. Yes No
6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)?
a. Yes No
7. Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management
Standards per 310 CMR 10.05(6)(k)-(q) and check if:
1. Applying for Low Impact Development (LID) site design credits (as described in
Stormwater Management Handbook Vol. 2, Chapter 3)
2. A portion of the site constitutes redevelopment
3. Proprietary BMPs are included in the Stormwater Management System.
b. No. Check why the project is exempt:
1. Single-family house
2. Emergency road repair
3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than
or equal to 4 units in multi-family housing project) with no discharge to Critical Areas.
D. Additional Information
This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete
Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR
10.12).
Applicants must include the following with this Notice of Intent (NOI). See instructions for details.
Online Users: Attach the document transaction number (provided on your receipt page) for any of
the following information you submit to the Department.
1. USGS or other map of the area (along with a narrative description, if necessary) containing
sufficient information for the Conservation Commission and the Department to locate the site.
(Electronic filers may omit this item.)
2. Plans identifying the location of proposed activities (including activities proposed to serve as a
Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to
the boundaries of each affected resource area.
wpaform3.doc • rev. 12/4/2023 Page 8 of 9
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
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:
807, 808
2. Municipal Check Number
8/20/2025
3. Check date
806
4. State Check Number
8/20/2025
5. Check date
Goddard Consulting, LLC
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:
635 West Yarmoth Road - Irrigation Pond
a. Street Address
Yarmouth
b. City/Town
806
c. Check number
$237.50
d. Fee amount
2. Applicant Mailing Address:
Josh
a. First Name
Lyon
b. Last Name
Bayberry Hills Golf Course
c. Organization
635 West Yarmouth Road
d. Mailing Address
Yarmouth
e. City/Town
MA
f. State
02673
g. Zip Code
(413) 537-2924
h. Phone Number
i. Fax Number
jlyon@yarmouth.ma.us
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
2h: Control vegetation
1
$500.00
$500.00
Step 5/Total Project Fee:
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.)
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
Yarmouth
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.
noiappa.doc • rev 6/9/2021 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 2 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
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
Yarmouth
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.
noiappa.doc • rev 6/9/2021 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
Page 4 of 16
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 3 – Notice of Intent
Appendix A: Ecological Restoration Limited
Project Checklists
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
MassDEP File Number
Document Transaction Number
Yarmouth
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
Yarmouth
City/Town
Eligibility Criteria - Coastal Ecological Restoration Limited Projects
(310 CMR 10.24(8)) (Cont.)
Additional Eligibility Criteria for Specific Coastal Ecological Restoration Limited Project Types
Engineering design constraints specific to the crossing;
Hydrologic constraints specific to the crossing;
Impacts to wetlands that would occur by improving the crossing;
Potential to affect property and infrastructure; and
Cost of replacement.
Eligibility Criteria - Inland Ecological Restoration Limited Project (310
CMR 10.53(4))
Complete this Eligibility Criteria Checklist before filling out a Notice of Intent Application to determine if
your project qualifies as an Inland Ecological Restoration Limited Project. (310 CMR 10.53(4)) Sign
the Eligibility Certification at the end of Appendix A, and attach the checklist with supporting
documentation and the Eligibility Certification to your Notice of Intent Application.
General Eligibility Criteria for All Inland Ecological Restoration Limited Projects
Notwithstanding the requirements of any other provision of 310 CMR 10.25 through 10.35, 310 CMR
10.54 through 10.58, and 310 CMR 10.60, the Issuing Authority may issue an Order of Conditions
permitting an Ecological Restoration Project listed in 310 CMR 10.53(4)(e) as an Ecological
Restoration Limited Project and impose such conditions as will contribute to the interests identified in
M.G.L. c. 131, § 40, provided that:
The project is an Ecological Restoration Project as defined in 310 CMR 10.04 and is a project type
listed below [310 CMR 10.53(4)(e)].
Dam Removal
Freshwater Stream Crossing Repair and Replacement
Stream Daylighting
Tidal Restoration
Rare Species Habitat Restoration
Restoring Fish Passageways
Other (describe project type): Removal of excessive invasive vegetation in pond.
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
Yarmouth
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).
noiappa.doc • rev 6/9/2021 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
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
Yarmouth
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.
noiappa.doc • rev 6/9/2021 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
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
Yarmouth
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
Yarmouth
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
Yarmouth
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)
noiappa.doc • rev 6/9/2021 Notice of Intent Appendix A: Ecological Restoration Limited Project Eligibility Checklists •
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
Yarmouth
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: August 2021
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
Yarmouth
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
Yarmouth
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
Yarmouth
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.
Project narrative & figures
a. Plan Title
Goddard Consulting
b. Prepared by
c. Signed and Stamped by
d. Final Revision Date
e. Scale
f. Additional Plan or Document Title
g. Date
If there is more than one property owner, attach a list of these property owners not listed on this
form.
Attach NOI Wetland Fee Transmittal Form.
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
Yarmouth
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
Yarmouth
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
Tom Schutz
Printed Name of Applicant or Authorized Agent
08/21/2025
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.
Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492
Tel. (508)-398-2231 Ext. 1288
Rev 6/2025 Page 1 of 2
Administrative Checklist
Notice of Intent
General Information:
All filings must be made on Town of Yarmouth forms. The filing deadline is two weeks prior to the next
scheduled Conservation Commission meeting for new applications. Failure to follow this Checklist shall
result in an Administratively Incomplete Application and will not be advertised for a Public Hearing. Refer to
the meeting schedule. Contact the Conservation Office if you need assistance.
Submitting an Application:
Does the property have any outstanding/expired Orders of Conditions? If so, please file a Request
for Certificate of Compliance for each outstanding/expired Order, as the Commission may not issue a
new Order until any outstanding/expired Orders have been closed and recorded. (*see page 2)
Hardcopy filing dropped off or mailed to the Conservation Office including:
1 Administrative Checklist
1 complete NOI application WPA form 3 with original signatures. Typed signatures will not be accepted.
Detailed narrative of the project including existing & proposed conditions, construction sequence, type of
equipment, staging locations, drainage and stormwater, erosion controls, invasive species management
and alternative analysis. The narrative shall include how the project meets performance standards per
310 CMR 10.0 & TOY Wetland Regulations, delineation sheets (if BVW or vegetated wetlands are
present) or other resource area calculations, and supporting information.
1 100’ radius map, current abutters list identifying the property owners who are to be notified per 310
CMR 10.00 and abutter notification form. Abutters list must be certified by the Town Assessor’s office.
The Assessor’s office requires 7 days advance notice. All abutters must be notified via certified mail.
Certified Mail Receipts (PS Form 3800) for all abutters. Green cards to be submitted at the hearing.
1 original and 7 copies of the plan, folded separately, right side out with title and project address visible.
All plans shall reference NAVD1988 unless otherwise noted. See plan requirements
Yarmouth’s share of State filing fee: Separate check made payable to “Town of Yarmouth”
(refer to NOI Wetland Fee Transmittal Form)
By-law filing fee: Separate check made payable to “Town of Yarmouth”
Legal ad fee: Separate check made payable to “Town of Yarmouth”
Please list project property’s street address on checks. Refer to Fee Schedule
DEP share of the fee (refer to NOI form) shall be sent to: Dept. of Environmental Protection
Box 4062
Boston, MA 02211
CONSERVATION
OFFICE
x
x
x
x
x
x
x
x
x
x
x
Yarmouth Conservation Commission • 1146 Route 28 South Yarmouth, MA 02664-4492
Tel. (508)-398-2231 Ext. 1288
Rev 6/2025 Page 2 of 2
DEP Submittal and Digital filing
If you are filing with MassDEP using eDEP, please include a copy of the submittal confirmation with your
application.
If not filing via eDEP, a PDF of your application, plan, and all other supporting information must be sent
VIA EMAIL the same day to DEP, Southeast Region at SERO_NOI@mass.gov with the subject line in
the email per DEP’s request listed as “YARMOUTH - NOI - Street Address - Applicant Name” and
copied bdirienzo@yarmouth.ma.us and jjerolimo@yarmouth.ma.us. We must receive a copy of
this email with the application as proof that it has been submitted to DEP.
Initial below
I CERTIFY that all on-site requirements will be completed by noon on the Friday prior to the hearing
date. All proposed structures must be staked, and all relevant resource areas and buffer zones must be
staked or flagged.
Please consult the Yarmouth Wetland Regulations, page 17. Without proper staking your project may be
deemed incomplete and be continued to the next hearing date.
I understand that in person representation is required at the scheduled hearing to present to the
conservation commission
If Applicable
Certified Mail Receipt for Massachusetts Natural Heritage and Endangered Species Program
Certified Mail Receipt for Massachusetts Division of Marine Fisheries. If filing via email, CC
EGLULHQ]R#\DUPRXWKPDXVDQG MMHUROLPo@yarmouth.ma.us
Waterway’s jurisdiction – Any coastal projects such as, but not limited to, docks, piers, bulkheads,
revetments, dredging and boardwalks shall require submittal of all Notice of Intent, plans and
supplemental information to the Town of Yarmouth Waterways/Shellfish Committee via the Natural
Resources office by certified mail or hand delivery. The applicant or his/her representative must provide
the Conservation office with proof that this has been done or the filing will not be accepted.
Other Requirements
o Does the proposed project meet the applicable regulations of the Town of Yarmouth Zoning bylaws? Do
you need to file with the Yarmouth Board of Appeals? If so, you must file with ZBA after conservation
permitting is completed.
o If a vacant lot, have you completed and received a determination for the Building Department for a lot
inquiry form?
*To view all Conservation files/permits for the property address online, go to www.yarmouth.ma.us/LF
x
x
x
Yarmouth Conservation Commission • 1146 Route 28 • South Yarmouth, MA 02664-4492
Tel. (508)-398-2231 Ext. 1288 • Fax (508)-398-0836 • TTD# (508) 398-2231
Site Access Authorization Form
General Information:
If the applicant is not the property owner, please submit this form with your application. The owner
must be sent a copy of the application on the same day it is filed with this office.
Property Address: _____________________________________________________________
Assessors Map/Lot: _____________________________________________________________
I (we) hereby authorize the individual members of the Yarmouth Conservation Commission and its
agents to enter upon the referenced property for the purpose of gathering information regarding the
application filed with the Commission pursuant to the Wetlands Protection Act (M.G.L. Ch. 131, s.
40) and/or the Yarmouth Wetlands Protection Bylaw (Chapter 143).
Authorized Signature: _______________________________________ Date: ______________
Please Print Name: _________________________________________
If other than owner, please state whether tenant, agent, or other: _____________________
Mailing Address: ________________________________________________
________________________________________________
________________________________________________
Phone: __________________________ Cell: __________________________
Email: __________________________ Fax: __________________________
DEPARTMENT
OF
CONSERVATION
635 West Yarmouth Road Yarmouth, MA 02673 - Bayberry Hills Golf Course
86-10
08/21/2025
Tom Schutz, Goddard Consulting, LLC
Representative
Goddard Consulting, LLC
291 Main Street, Suite 8
Northborough, MA 01532
(508) 393-3784
tom@goddardconsultingllc.com
T O W N O F Y A R M O U T H
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492
(508) 398-2231, Ext. 7007
REVISED FEE SCHEDULE
Effective June 20, 2025
Payment is required at the time of the application by cash or check payable to the Town of Yarmouth
Include the project address in the memo
Permit Type Fee $
Administrative Review $50
Request for Determination of Applicability $100.00
Notice of Intent - Category 1 $150.00
Notice of Intent - Category 2 $300.00
Notice of Intent - Category 3 $450.00
Notice of Intent - Category 4 $550.00
Notice of Intent - Category 5
$3 / linear foot, plus
$750 for saltwater piers/docks and
$200 for freshwater piers/docks
Notice of Intent - Category 6/ANRAD $3 / linear foot
Extension Permit $100
Request Approval of a Revised Plan $50.00
Request for an Amended Order of Conditions $150.00
Administrative Re-issuance of a Document $25.00
Request for Certificate of Compliance $75.00
Request for Certificate of Compliance > 2 years after
expiration of the OOC, and all subsequent COC
requests after a denial
$150.00
After-the fact filing
(Working without a permit) 2 x the regular fee
Stormwater Management Permit Application* $200
Legal Advertising $15
Conservation
Commission
T O W N O F Y A R M O U T H
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492
(508) 398-2231, Ext. 7007
Explanation of Categories
Notice of Intent - Category 1
o Work on a single-family lot; addition, pool, etc;
o Site work without a house
o Vegetation control
o Resource improvement
o Work on septic system
o Monitoring well activities minus roadway
o New agricultural or aquacultural projects
Notice of Intent - Category 2
o Construction of single-family house
o Parking lot
o Beach nourishment
o Coastal limited projects
o Inland limited projects minus road crossings and agriculture
o Each crossing for driveway to single family house
o Each project source (storm drain) discharge
o Control of vegetation in development
o Water level variations
o Any other activity not in category 1, 3, 4, 5, or 6
o Water supply exploration
Notice of Intent - Category 3
o Site preparation for development beyond NOI scope
o Each building for development including site
o Road construction not crossing or driveway
o Hazardous cleanup
o Water supply development
Notice of Intent - Category 4
o Each crossing for development or commercial road
o Dam, sluiceway, tide gate, work
o Landfills operation/closures
o Sand and gravel operations
o Railroad line construction
o Bridge
o Hazardous waster alterations to resource areas
o Dredging
o Package treatment plant and discharge
o Airport tree clearing
o Oil and or hazardous material release response actions
Notice of Intent - Category 5 o Work on docks, piers, revetments, dikes, etc coastal or inland
Notice of Intent - Category 6
ANRAD o Resource area delineation
* Applicants shall also pay review fees sufficient to cover peer review expenses before the review process
commences (see local wetland regulation Ch 143 section 2.06 for details on 53G)
Conservation
Division
AFFIDAVIT OF SERVICE
Under the Massachusetts Wetlands Protection Act
& Yarmouth Wetlands Protection Bylaw
(to be submitted to the Massachusetts Department of Environmental
Protection and the Conservation Commission)
I, Tom Schutz hereby certify under the pains and penalties of perjury that on
08/21/2025 I gave notification to abutters in Compliance with the second
paragraph of Massachusetts General Law Chapter 131, Section 40, and the
DEP Guide to Abutter Notification dating April 8, 1994 in connection with the
following matter:
A Notice of Intent was filed under the Massachusetts Wetlands Protection Act
by Chris Lyon (Bayberry Hills Golf Course) with the Yarmouth Conservation
Commission on 08/21/2025 for property located at 635 West Yarmouth Road
in Yarmouth, MA (Parcel: 86-10).
The form of the notification, and the list of abutters to whom it was given, and
their addresses, are attached to this Affidavit of Service.
08/21/2025
(Name) (Date)
NOTIFICATION TO ABUTTERS UNDER THE
MASSACHUSETTS WETLANDS PROTECTION ACT &
TOWN OF YARMOUTH WETLAND BY-LAW, CHAPTER 143
In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40,
you are hereby notified of the following:
A. The name of the applicant is John Lyon, Bayberry Hills Golf Course
B. The applicant has filed a Notice of Intent with the Yarmouth Conservation Commission, seeking
permission to remove, fill, dredge or alter an Area Subject to Protection under the Wetlands
Protection Act (MGL c. 131 s. 40 & Town of Yarmouth Wetland By-Law, Chapter 143).
C. The address of the lot where the activity is proposed is 635 West Yarmouth Road Yarmouth, MA
02673, Bayberry Hills Golf Course Irrigation Pond.
D. Proposed work is: removal of invasive phragmites reed and aquatic vegetation from three golf
course irrigation ponds.
E. Copies of the Notice of Intent may be examined at the Yarmouth Town Hall at the Conservation
Commission office between the hours of 9:00 a.m. and 4:00 p.m. Monday thru Friday. For more
information, call (508) 398-2231 ext. 1288.
F. Copies of the Notice of Intent may be obtained from either the applicant or applicant’s
representative. Applicant’s representative phone number: (508) 393-3784
G. Information regarding the date, time and place of the public hearing may be obtained by calling
the Yarmouth Conservation Commission office at (508) 398-2231 ext. 1288
H. Person sending this notification (applicant, representative or other)
Name: Tom Schutz, Goddard Consulting, LLC
Address: 291 Main Street, Suite 8, 01532
Town Northborough State MA Zip 01532
Telephone (508) 393-3784
NOTES :
• Notice of the public hearing, including date, time and place will be published at least five (5)
days in advance in a newspaper of general circulation.
• Notice of the public hearing, including date, time and place will be posted in the Town Hall not
less than forty-eight hours in advance.
• You may also contact the Southeast Regional Office of the Department of Environmental
Protection at (508) 946-2800 for more information about this application.
55/ 27/ / /
TOWN OF YARMOUTH
1146 ROUTE 28
SOUTH YARMOUTH, MA 02664-4463
74/ 72/ / /
SILVA JHONATAN S
MAGNUS DIEGO
49 LONG POND RD
MATTAPOISETT , MA 02739
74/ 74/ / /
KELLEY IAN
PETROVA EKATERINA
48 CHICKADEE LN
WEST YARMOUTH, MA 02673
74/ 75/ / /
WATERMAN KAREN M TR
KAREN M WATERMAN FAMILY TRUST
54 CHICKADEE LN
WEST YARMOUTH, MA 02673
74/ 76/ / /
JY PROPERTY LLC
4 VIBURNUM CIRCLE
SANDWICH, MA 02563
74/ 77/ / /
TOWN OF YARMOUTH
WATER DEPT
1146 ROUTE 28
SOUTH YARMOUTH, MA 02664-4463
65/ 8/ / /
MCPHERSON LOUIS D (LIFE EST)
MCPHERSON JANET I (LIFE EST)
94 BETTYS PATH
WEST YARMOUTH, MA 02673
65/ 9/ / /
BRUNETTI ANN M TRS
BRUNETTI ALFRED F TRS
90 BETTYS PATH
WEST YARMOUTH, MA 02673
65/ 12/ / /
SMITH ALFRED N
SMITH JOAN
93 BETTYS PATH
WEST YARMOUTH, MA 02673
65/ 7/ / /
KOTE MAINUR
106 BETTYS PATH
WEST YARMOUTH, MA 02673
65/ 11/ / /
MAXIMINO PAUL
69 MICHELLES PATH
WEST YARMOUTH, MA 02673
75/ 10/ / /
DEAN WENDY A
81 BETTYS PATH
WEST YARMOUTH, MA 02673
75/ 9/ / /
FOSS GREGG W TRS
FOSS IRREV TRUST
69 BETTYS PATH
WEST YARMOUTH, MA 02673
75/ 11/ / /
PIERSON CHRISTINE E
70 BETTYS PATH
WEST YARMOUTH, MA 02673
75/ 12/ / /
BRIDGES JEREMY
BRIDGES MOLLY
64 BETTYS PATH
WEST YARMOUTH, MA 02673
75/ 13.1/ / /
MORIN DAVID
MORIN LINDA
54 BETTYS PATH
WEST YARMOUTH, MA 02673
75/ 14/ / /
CONKLIN DONALD TR
CONKLIN LORETTA TR
46 BETTYS PATH
WEST YARMOUTH, MA 02673
76/ 17/ / /
FRANCISCO ROBERT B TR
ROBERT B FRANCISO TRUST OF 2021
40 BETTYS PATH
WEST YARMOUTH, MA 02673
76/ 18/ / /
ARSENEAUX RICHARD (LIFE EST)
ARSENEAUX SUSAN S (LIFE EST)
32 BETTYS PATH
WEST YARMOUTH, MA 02673
76/ 19/ / /
SARKINEN PAMELA A
26 BETTYS PATH
WEST YARMOUTH, MA 02673
76/ 20/ / /
REID MATTHEW R
18 BETTYS PATH
WEST YARMOUTH, MA 02673
84/ 15/ / /
TOWN OF YARMOUTH
WATER DEPT
1146 ROUTE 28
SOUTH YARMOUTH, MA 02664-4463
74/ 44/ / /
NESKE DANIEL
NESKE CHRISTINE
37 LUMBERJACK TRAIL
WEST YARMOUTH, MA 02673
74/ 43/ / /
MCCARTHY VALERIE A
41 LUMBERJACK TRAIL
WEST YARMOUTH, MA 02673-2539
74/ 42/ / /
EKROSS RICHARD A
43 LUMBERJACK TRL
WEST YARMOUTH, MA 02673
74/ 41/ / /
MACHADO CARVALHO THAYANNE TR
MACHADO MARCIO B TR
47 LUMBERJACK TRAIL
WEST YARMOUTH, MA 02673
74/ 37/ / /
MATTAKEESE VILL ASSOC INC
C/O MACHADO THAYANNE
47 LUMBERJACK TRAIL
WEST YARMOUTH, MA 02673
86/ 10/ / /
TOWN OF YARMOUTH
RECREATIONAL & MUNICIPAL / WATER
1146 ROUTE 28
SOUTH YARMOUTH, MA 02664-4463
75/ 21/ / /
JOHNSON STEVEN
77 SHELBURNE RD
WEST YARMOUTH, MA 02673
76/ 40/ / /
LANE JAMES
LANE DONNA RAE
539 W YARMOUTH RD
WEST YARMOUTH, MA 02673
76/ 41/ / /
KIMBALL DOROTHY S
547 WEST YARMOUTH RD
WEST YARMOUTH, MA 02673
86/ 1/ / /
KANE PATRICK
557 WEST YARMOUTH RD
WEST YARMOUTH, MA 02673
86/ 3/ / /
PORTER MARY
571 WEST YARMOUTH ROAD
WEST YARMOUTH, MA 02673
86/ 4/ / /
CHAPASKO TIMOTHY J
589 WEST YARMOUTH RD
WEST YARMOUTH, MA 02673
86/ 5/ / /
CHAPASKO TIMOTHY J
589 WEST YARMOUTH RD
WEST YARMOUTH, MA 02673
76/ 23/ / /
CENTOFANTI DAVID B TRS
FOX CHRISTOPHER A TRS
487 WEST YARMOUTH RD
WEST YARMOUTH, MA 02673
75/ 19/ / /
STANLEY DEIDRE A
51 SHELBURNE RD
WEST YARMOUTH, MA 02673
75/ 20/ / /
DIGIANVITTORIO JOHN J
DIGIANVITTORIO MARGARET P
69 SHELBURNE ROAD
WEST YARMOUTH, MA 02673
76/ 35/ / /
PEREIRA MIGUEL
PEREIRA TANIA
3 SHELBURNE RD
WEST YARMOUTH, MA 02673
76/ 36/ / /
PEREIRA MIGUEL LUIZ
3 SHELBURNE RD
WEST YARMOUTH, MA 02673
76/ 37/ / /
CORRIVEAU LEO P
CORRIVEAU LAURA R
17 SHELBURNE RD
WEST YARMOUTH, MA 02673
76/ 38/ / /
GOFF PATRICK J
TAYLOR MARY E
23 SHELBURNE RD
WEST YARMOUTH, MA 02673
76/ 39/ / /
SARKINEN FREDERICK L
SARKINEN APRYL A
31 SHELBURNE RD
WEST YARMOUTH, MA 02673
75/ 26/ / /
VERMETTE JOHN L
VERMETTE HEATHERLEE
37 SHELBURNE RD
WEST YARMOUTH, MA 02673
75/ 22/ / /
KING LAWRENCE C CO-TRS
KING BEULAH T CO-TRS
10701 E FANFOL LN
SCOTTSDALE, AZ 85258
75/ 25/ / /
JONES KAREN M
12 YEOMAN DR
WEST YARMOUTH, MA 02673
75/ 23/ / /
DENNEHY MICHAEL R
HALL JULIE A
21 YEOMAN DR
WEST YARMOUTH, MA 02673
75/ 24/ / /
GRAVES CHRISTOPHER L
GRAVES AKSINIYA H
22 YEOMAN DR
WEST YARMOUTH, MA 02673
76/ 199/ / /
BOCEK JAMES A
BOCEK SANDRA L
3 SHEFFIELD RD
WEST YARMOUTH, MA 02673
76/ 201/ / /
PACAK MARIUSZ W
522 WEST YARMOUTH RD
WEST YARMOUTH, MA 02673
76/ 200/ / /
PETERS THOMAS
PETERS BARBARA
59 FRANCIS AVE
SHREWSBURY , MA 01545
76/ 44/ / /
NEVES RUYTER
NEVES JOSEILDES S
2 SHEFFIELD ROAD
WEST YARMOUTH, MA 02673
76/ 27/ / /
BURNETT JOEL A
BURNETT BARBARA J S
19 GREYHAMPTON RD
WEST YARMOUTH, MA 02673
76/ 28/ / /
MILLETT ANN TR
MILLETT THOMAS J ESTATE OF
25 GREYHAMPTON RD
WEST YARMOUTH, MA 02673
76/ 29/ / /
HOFFMAN EVA K
33 GREYHAMPTON RD
WEST YARMOUTH, MA 02673
75/ 15/ / /
KRECEK ALAN SCOTT TRS
KRECEK PATRICIA TRS
19 CALZA ST
LEOMINSTER, MA 01453-4899
75/ 16/ / /
CORREIA WAYNE J
47 GREYHAMPTON RD
WEST YARMOUTH, MA 02673
75/ 17/ / /
OLSON JODY
OLSON TODD
3 YEOMAN DR
WEST YARMOUTH, MA 02673
75/ 18/ / /
ZASHEVA ELENA
9 YEOMAN DR
WEST YARMOUTH, MA 02673
76/ 202/ / /
MCNAMARA TERENCE D (LIFE EST)
2 SUFFOLK AVE
WEST YARMOUTH, MA 02673
86/ 6/ / /
KENNEY CHRISTOPHER THOMAS
KENNEY SUZANNE RENEE
603 WEST YARMOUTH RD
WEST YARMOUTH, MA 02673
86/ 7/ / /
WRIGHTSON CONSTANCE B TR
WRIGHTSON REV TRUST
607 WEST YARMOUTH RD
WEST YARMOUTH, MA 02673
86/ 8/ / /
ANAGNOSTAKOS BILL G TRS
ANAGNOSTAKOS DEBORAH A
617 WEST YARMOUTH RD
WEST YARMOUTH, MA 02673
86/ 9/ / /
LABERINTO VINCENT J TR
PASQUALE LISA TR
25 RIDGE RD
RAYNHAM, MA 02767
86/ 2/ / /
GENNA JEANNE R
CAREY LYNNE M
563 WEST YARMOUTH RD
WEST YARMOUTH, MA 02673
Please use this signature to certify this list of propertiesabutting within 100' of the parcel located at:635 West Yarmouth Rd., West Yarmouth, MA 02673Assessors Map 86, Lot 10___________________________________Andy Machado, Director of AssessingAugust 8, 2025
To: The Environmental Monitor
From: Goddard Consulting LLC and SŌLitude Lake Management
Date: 08/07/2025
Re: Notification of filing a Notice of Intent (NOI)
Anticipated Date of Submission: August 21, 2025
The proposed project is seeking approval to implement an Invasive Plant Management Program
at Bayberry Hills Golf Course, 635 West Yarmouth Road Yarmouth, MA 02673 (Parcel 86-10).
The focus of this management will be on reducing and controlling invasive Phragmites reeds
within a golf course irrigation pond using US EPA/MA DAR registered herbicides. This project
aims to protect the interests of the Wetlands Protection Act by improving habitat value and
function.
Reviewing Conservation Commission:
Yarmouth Conservation Commission
Yarmouth Town Hall
1146 Route 28
South Yarmouth, MA 02664
Copies of the Notice of Intent may be examined or acquired by contacting the applicant’s
representative, Goddard Consulting LLC, at (508) 393-3784.
Please see the Conservation Commission website for the meeting schedule to confirm exact
dates and agendas.
1 of 1
Thursday, August 7, 2025 at 19:49:05 Eastern Daylight TimeThursday, August 7, 2025 at 19:49:05 Eastern Daylight Time
Subject:Subject:MEPA Environmental Monitor Notice - Bayberry Hills Golf Course Irrigation Pond - Yarmouth
Date:Date:Thursday, August 7, 2025 at 7:48:59 PM Eastern Daylight Time
From:From:Tom Schutz
To:To:MEPA (EEA)
Attachments:Attachments:Environmental Monitor Notice - Yarmouth.pdf
Hello,
Please see the attached MEPA Environmental Monitor notice for the proposed Freshwater
Ecological Restoration Limited Project on a Bayberry Hills Golf Course irrigation pond in
Yarmouth, MA.
We intend to submit the NOI on August 21, 2025, to be placed on the September 4th hearing date.
Please let us know if anything else is needed or if you have any issues accessing the attached notice.
Thanks,
TOM SCHUTZTOM SCHUTZ | LEAD WETLAND SCIENTIST | GODDARD CONSULTING
D 203-615-4909 | O 508-393-3784 | 291 Main St. Suite 8, Northborough, MA 01532 | goddardconsultingllc.com
Bayberry Hills Golf Course
Yarmouth, MA 02673
42.669142, -70.216601
Parcel ID: 86-10Date: 08/20/2025
1”=1,000’0 500 1,000
0 250 500 1”=500’Orthophoto of the Locus Site
Bayberry Hills Golf Course
Yarmouth, MA 02673
42.669142, -70.216601
Parcel ID: 86-10Date: 08/20/2025
Ponds for Treatment
Safety Data Sheet
AQUA PRO™
Biofeed Solutions, Inc. Date Prepared or Revised: February 5, 2016 Page 1 of 3
www.biofeed.com
SECTION 1: PRODUCT AND COMPANY INFORMATION
Manufacturer Biofeed Solutions, Inc., PO Box 3434, Glendale, AZ 85311
Telephone 623-930-7510 Fax 623-930-8598
Product Name(s) Aqua Pro™ Product ID # Not Applicable
Chemical Family Water Conditioner CAS Number Mixture
Emergency Contact / Number 623-930-7510
SECTION 2: HAZARD IDENTIFICATION
Hazards Not Classified
Signal Word Not Applicable
Precautionary Statements Not Applicable
SECTION 3: COMPOSITION/INFORMATION ON INGREDIENTS
Component Name CAS# Component Range
Water and non-hazardous components Mixture 100 %
See data sheet and/or product label for detailed component information
SECTION 4: FIRST AID MEASURES
Eye Contact
Flush eyes thoroughly with water for several minutes. Remove contact lenses after the initial 1-2 minutes and continue flushing for several
additional minutes. If effects occur, consult a physician, preferably an ophthalmologist.
Skin Contact
Wash exposed area with soap and plenty of water. Remove contaminated clothing and shoes while washing. Seek medical attention if irritation
and persists. Wash clothing before reuse. Discard items which cannot be decontaminated such as shoes, belts or watchbands.
Ingestion
Do not induce vomiting due to possibility of aspiration into lungs. Drink one quart/liter of water to dilute. Seek medical advice or attention if
you feel unwell.
Inhalation
Remove affected person from source of exposure. Get medical attention if discomfort persists.
SECTION 5: FIREFIGHTING MEASURES
Suitable Extinguishing Media
Product does not burn. Use water spray, dry chemical, foam or CO2 as applicable for burning materials. Use a water spray to cool fire-exposed
containers, structures and to protect personnel. Exposed firefighters should wear MSHA/NIOSH approved self-contained breathing apparatus
with full-face mask and full protective equipment.
Special Firefighting Procedures
Not Applicable
Unusual Firefighting Hazards
Not Applicable
SECTION 6: ACCIDENTAL RELEASE MEASURES
See Section 8 for Personal Protection Measures
Personal Precautions
Isolate release area and keep unnecessary people away. Exercise caution regarding personnel safety and exposure.
Environmental Precautions
No special requirements.
Methods for Cleaning Up
Product is biodegradable. Spills can be washed away with water. Large spills, if uncontaminated, can be returned to container for subsequent
use.
Safety Data Sheet
AQUA PRO™
Biofeed Solutions, Inc. Date Prepared or Revised: February 5, 2016 Page 2 of 3
www.biofeed.com
SECTION 7: HANDLING AND STORAGE
See Section 8 for Personal Protection Measures
Handling
No special precautions are required. Wash hands at end of shift or before eating or using restroom. Wear gloves to avoid prolonged or
repeated contact. Use good hygiene practices when handling product, including changing and laundering work clothes after use.
Storage
Keep products in labeled or original container. Store at 50 – 105 °F / 10 – 40 °C. Product may degrade when held at temperatures above 195 °F
/ 90 °C. Do not transfer into food or drink containers.
SECTION 8: EXPOSURE CONTROL AND PERSONAL PROTECTION
Exposure Limits
Component Name ACGIH TLV-TWA OSHA PEL -TWA
Not Applicable
Engineering Controls
Typically not necessary.
Eye and Face Protection
Not required. Wear glasses or goggles as a safety measure when working with material; use a face shield if splashing is likely.
Skin Protection
Not required. Wear gloves or other protective clothing to avoid prolonged or repeated contact.
Respiratory Protection
Not required.
SECTION 9: PHYSICAL AND CHEMICAL PROPERTIES
Appearance/Physical State Brown liquid Flash Point Not Applicable
Specific Gravity (Water=1) 1.1 (9.2 lbs/gal) Upper Flammability Limits Not Applicable
Evaporation Rate Not Determined Lower Flammability Limits Not Applicable
pH 7.6 Auto-ignition Temperature Not Applicable
Solubility in Water Soluble Decomposition Temperature Not Determined
Odor Mild Ammonia Vapor Pressure 10 m-bar
Odor Threshold Not Determined Vapor Density (Air-=1) Not Determined
Melting/Freezing Point 21 °F / -6 °C Partition Coefficient (n-octanol/water) Not Determined
Boiling Range Not Applicable Viscosity (cSt , 40 °C) Not Determined
Initial Boiling Point 220 °F / 105 °C Critical Temperature Not Determined
Note: Physical and chemical properties are provided for safety, health and environmental considerations and do not fully represent product
specifications. Those should be requested separately.
SECTION 10: STABILITY AND REACTIVITY
Stability
Stable
Conditions to Avoid
High temperature
Hazardous Decomposition / Byproducts
None known
Hazardous Polymerization
Will not occur
Polymerization Conditions to Avoid
Not Applicable
Safety Data Sheet
AQUA PRO™
Biofeed Solutions, Inc. Date Prepared or Revised: February 5, 2016 Page 3 of 3
www.biofeed.com
SECTION 11: TOXICOLOGICAL INFORMATION
Eye Contact
May cause redness or mild irritation.
Skin Contact
None
Ingestion
Potential for mild diarrhea or discomfort if over 0.5 oz/10 ml of concentrate ingested.
Inhalation
Not Applicable
Target Organ Effects
None known
Chronic Effects
Any acute symptoms may be aggravated. Refer to Sections 2 and 4 for recommended actions.
Carcinogenicity
Not Applicable
SECTION 12: ECOLOGICAL INFORMATION
Ecotoxicity Not Applicable
Mobility Not Determined
Degradability Not Determined
Bioaccumulation Not Determined
SECTION 13: DISPOSAL CONSIDERATION
Triple rinse when empty for recycling. Always dispose of container in accordance with local, state, and/or federal regulations.
Empty containers may contain residues.
SECTION 14: TRANSPORT INFORMATION
Proper Shipping Name Not Regulated
SECTION 15: REGULATORY INFORMATION
TSCA Status All ingredients are listed on TSCA and DSL.
SARA 311/312 Reporting Categories None
SECTION 16: OTHER INFORMATION
HMIS Rating 0-0-0
Department Issuing SDS Health and Safety
Condition of Sale:
The information herein is believed to be accurate and reliable. Buyer and user assume all liability from use of this material. Follow label
directions carefully. Timing, method of application, weather, plant, crop or turf conditions and other factors are beyond the control of the
seller.
!
"
#
$
% &%'( ')*
+,-./+-+-
!
"
#
$%&" '()
*' +, - ,-(-(
. * ,- ,& /,+++/
01*' +, - ,-(/
!2,0 2$-# #3
4445 #
2,-"+%3'43
#
35((367636(67
8+"
2 "+"/ ,/
-
$
9
:
,
)
9
-
$
/
)
' &
)
3
%%
67
8, 2&
9% %:% %
%, 2(
3 %)363; ! <3:363% %
%, 2(
%
$
=
&
> #.
.54
4
555 52
555?
&
31
## ?
8
8
#
=
5= 2 . ;$ ? 5#?4
5 5 =5 5
2.
+)%
5#
55 @ 52 > >@ ##
7(/0 / ( 8
0"
:
8"% /
8:2:( 8
Captain® XTR Algaecide
% 01-"+
' &
"
%0= AA=3;*
%3
3 25.2.
4
5
# %09%*=5 4
2.54
?..#
=5 #
. 5%.5? 5*<
#
%0%363* 55
24 4 . 5
#5
#
55$. 552 5%.2
555*<#
/ ;55.5 4
$
$
5
&
?4
7 % )
##
1 14.9 -( (+, /,"
!
##
1 '' &( , (,(
2 ,' ,
2 ( ,' ,
2 ' ,' ,
2 &' ," ,
%+
;
-
9
:
9
&
#
<
%+
) $
%+
)
$
9 #
9
5
!1
2 5 45 5 .
2 5
%##
2.
5 254
2.4 $5
2
.
4
2
5 ?. #2
55 5.
5(
#5<#
0
5 #5?4
2.4 5.
5( #5
<#
=5
. 5
5 5
2.
5
##. 5 ? 55#.
. %.
$. 5
. 5 2 5 5$ .
5 122 5
%#2 5 5
# ,,# 55<#
. 5
..5
55 5 %.55$
25#
##
2! 42A5
5 5
$
$
45%5.
.#5 5. $
52##5#2
2
15 5#2? #
5
. &- 5
4 ,
:
/
0"
:
8"% /
8:28:( 8
% 01-"+
4 ,
=5 # 4 4 # 5.2 ##. 5
? 55#.
. %.#
554
4
15 5555$5#
5.4 ?.
15 5.
55?5##2 5;#
55 52#
5
%.# 5$ 5
?
45 #5
5<#
%.55 2$
5 25 2 2# 55
5%.55$
25#
##
2! 42A5
5 5
$$
45
8
3
5
?
2 5
5? 4 5
%#2
5 5 # ,,# 55
2
%5.
.#5 5. $52##5#2
2
15 5#2? #
5
. &- 5
5. #
= )
9
315 #5 5#25
@ 5..5#2
2.
415
> #.
.54
4% # $ 5#
:
555?
555 52
#
3
$
)
:
?45...5
@ 5
?45...5
@ 5
552##5#2
.
4*
55
552##5#2
.
4*
4
55
8
$
9
6 ,
3
&
5.. 1
5 @
)515 5
. 5 .
$
?4
$
*
$
0"
:
8"% /
08/28/2018
% 01-"+
6 ,
3
5
#5 5
&
;#5 5#2
.
4#
5*
1
#1
15
#
1:15
0 ,. 55
4 #5
.,
57B 84 .
., 5 55 #
#
<
3
#
3
> +
#
8
9
#
<
?.4 5?! 5. #5
5. #
4 254 5$4 55$5#5 . 5=5
5
5..
#
5.
45
5
4 ,#5
$5 #
5$ $ #
#5
. 55
5
75 '8;55.
54555
#
5 #
#25 5# @ 5 5
*5
. # 2. # '. 4555
5
?
2 5
5? 4 5
9
55 2 5
. # ; 4
?
5
#
#5
=
5 4
5 5
#
5 5
.5
#
..4 5
$4 425$ 5
54 5%. #
5. 55 #
754 5$4 425$5
8
=
,3
,
%.5
@
5
4 5
$?.2. #
-5
5
#
5
5 . #C0 ,
# 2 5
C
?
+#
3$ ?5#?5
54 5#
5
$5 55= ? 55
45 5.. $
?5#?
5-.
. # 2
#5 5
8
#
5
#75-8;5
4 25$5?
#59
#. ##
#
$?
2
54 53#2 5 5 @ 5
; 5
8
0"
:
8"% /
08/28/2018
% 01-"+
?
%
9
4
5
. #
5
2$
4
,
$42. ##
#
5
75 8. ?9
2
55
2. 5 5 #5 .
2 5
?
?;5
5)5
# #
#
2 +% -@A*
97)'( '
= * #:#D- 5
2 (+% -@A*
9')'( (
3A* #:#D #5
3A*"# #5
= *+ #:#D- 5
= *'#- 5
2 "@*
9>)'((B
3A* #:#D #5
3A*"# #5
= *-#:#D 5
= *'# 5
+8@*
9>)'( (
= *"#:#D- 5
= *'#- 5
5 $
)
$
#
, 55$# 5
5#
24 5 5
4
#54
#
5. 5?5555#5 55
55 25 # 55.2
#. $ ?
5
5 5
5%5
# ? . 2
#
#2.. . ..
#. 5% 5.#1 5$55.5
555$
#.
5
25#
.224 #
24 5 5
54 5?
5555#5 5555 215
5
5 5$#55$
55 55%.555
$ .
4 5
4 $
55
5555#5 . * #
5
5
5
)
C
5
#. 25
5
5 5?
. # 5?5
5
25
5.
5
#
$
3#555. #
4 ? 55#5
?5
2#
24 #5. #
5
+
<
5
5..
4 ? 15
#5
=5 5$. #5.
2.
#
5$.
$5#?5
2 . 4 ?
55
5 #
2#
=5 #
. 535 245 555.2
5 4 5
5 4 ?5
%
#
$
:
0"
:
8"% /
08/28/2018
% 01-"+
5 $
)
)5
2.$ , .2 5
5 #
24
5 . 5?5555#5 5555 2 5 5
#5
5?4 15
5$ @ 5. 5.
4 ?
#5. 5
5
"
:
.4 2
5? #5 55
5
5 5? . # 5?5
5
2
5
5.
5
B 8
8
=
A
"
#
A
A
(
' E F G
('?7 +##>8E ## G
!5
4
##
E
G
B
E; ?G%
#
H 7B2
F 8
+ 3
,
*I/''J7I ///J08
A
8
3
)
+
C J7( (J08
, 9
@
$ #
C
C
+/-
/
/--/J7'/ J08
(
#
% # 5.
55
%
8 &
) #
5.5 5$ @ 5 54
"
# 5.5
2
. 5 5 5
0"
:
8"% /
08/28/2018
% 01-"+
(
#
&
) #
5.5 5$ @ 5#5 55
#
4 .
4#
5*1@#
5$5
?
5 5 5
-$
+
$
A; ; #
I( #:? ,
A;
/ #:?,
8
)
"
/
$
%
=
-
"
#
$
)%
325, , #
,
?, , #
,
8
)
"
$
#
&
5?<55@
8
)
"
$
"
:
$
315 #5 5#25
@ 5..5#2
2.
415
555 52
$
$
$
$
2 ( 2'
5 2
2
%
+ &
"
$
-
$
5. 2*
$; #
$%
$32
8
5
5
5
5
5
5
0"
:
8"% /
08/28/2018
% 01-"+
-$
> #.
.54
4% # $ 5#
:
555?
?45...5
@ 5
?45...5
@ 5%
?45...5
@ 5=
?45...5
@ 5-
/
#
?45...5
@ 5
,
?45...5
@ 5
9
$
:
?45...5
@ 5
?45...5
@ 5
552##5#2
.
4*
55
552##5#2
.
4*
4
55
8
/
$
2
$
+
$
8
?45...5
@ 5
$
8
?45...5
@ 5
8
?45...5
@ 5
@
$
8
?45...5
@ 5
5
'
-$
2 3 " //-#:A0 5 4 55,&HULRGDSKQLDGXELD,
&- 5
A - #:A0 5 4 05 ,3LPHSKDOHVSURPHODV /" 5
3 "#:A0 5 4 ; ,'DSKQLDPDJQD ( 25
2 ( 3 - #:A0 5 4
,,VRFKU\VLVJDOEDQD /" 5
A I #:A! 4 55,&UDQJRQFUDQJRQ,
&- 5
A + #:A0 5 4 05 ,&DUDVVLXVDXUDWXV /" 5
2 ' 3 & '#:A0 5 4 55,&HULRGDSKQLDGXELD,
&- 5
8
)
"
$
0"
:
8"% /
08/28/2018
% 01-"+
'
@8C%,8
C
#
#
?45...5
@ 5
8
)
2 (, ' ,
4
8
)
D%
=
5
7 /
.455
##@4 55
;55
. 5 $5
522, 55
#
24 #5.
#
4555
5
2
2
#5;55.5
5, 2
5
545
55
=55
55. 54
55
.
2#
4 #5.
54 K 5=5
?5
2
%
.
5
25 4
2
5.5
5#
5 #555.5.
42 5
?4
#2 5
53#2 5
5#2 5# 55
5 5
.5
#
..4 5
$4 425$ 5
54 5
/
4 -
%L3A%M)%;$
7$ONDQRlDPLQHV8
-
%%%
%L3A%M)%;$
7$ONDQRlDPLQHV8!
7 !
##
1$
##
18
-
%%%
%L3A%M)%;$
7$ONDQRlDPLQHV8
) +"
-
%%%
) +" ) +"
,,"8+%D+ E"+-"
-+22+@@2
,,"8+%D+ E"+-"
-+22+@@2
,,"8+%D+ E"+-"
-+22+@@2
/-%
=/ +-+
*2
*2
-
&
8
:
+
#
&
65
0"
:
8"% /
08/28/2018
% 01-"+
4 -
- :
+
$ =+"8@
?7)?5
C%%
-
F
425 5
5 5
5 35 55 5 ?44
. 5
6 "
* ,
%
G
+
%G+ 7(?* !
##
1N
##
1
%
+ +
'
& +
8 +8
5
%
+ +
>('
%
5
%
+ +
>('
%
5
/+@ %
8
%
5
/+@ %
%
5
-%+5 %/"$
)8
$
* #
%
* 2
*
#
-%+5 * #
+"+7(')7(4
+"+7(4"H
54 .
% )
+"+7 )7 '
%
%##78
@
2 ( ,' 65
2 ' ,' 65
2
;,
&
"
#
&
/
&
% )
0"
:
8"% /
08/28/2018
% 01-"+
6 "
.
4#5
5* 2 N 2 (
54 .
=
8
%+
;
' '.5#5 . # ;22 5 . ;5
2 5 . 5. ;55
2 5
!
##
1 &( , (,( ''
##
1 -( (+, /,"14.9
!
##
1 &( , (,( ''
##
1 -( (+, /,"14.9
,"3"
<
% 8 >6
2
.: . #5
5
2
I
.
4#5
5* 2 N 2 (N
!
##
1N
##
1
8
#
.
4#5
5* 2 N 2 (N
!
##
1N
##
1
+ #
+ % * #
% #
%% * #
I #
* #
D
#
* #
= #
"
* #
2
E
#
%
2E % * #
8
#
8 %% * #
- #
%22 * #
%
G
%#
@
%
5
%
G
%#
@
%
5
%
G
%#
@
%
A5
>
& =
* +
2 ,
8
+
* +
% = 0
(34
9 (
& :94
&
:+ = 0
<
/
'B%," B ( '((9
#
= 0
= 0 = 0
:
2 8 J% +
28%+
= 0
$
#
I I D
5(( 7'?3>5>5
-
88
"
2,8+?(43'(( 9
&=
"
% K BB?92
,
8
+
9H
9=+(''>B -
2 ,
8
+
9
L
O , '8
&
' ,
0"
:
8"% /
08/28/2018
+"+7 7
% 01-"+
>
8
D
#
3F
1235#
B0FB 0
<>F<
2> #@25#.
55.A
. #
5
%
F%
5 55
%BF% #B
?
%!;<F%
! #; 5<5
A4F
#.
:4 ..
! A+':+-F%
. .
0 # 5$
/+'5#.2
. /+-7C!
CF#
8
)F)5
% K'(( 92 ,
8
+
9H
9=+(''>B -
#
9
# &
-
2,8+4B2,8+7'69
G
2,8+ 9
?(4
:
/
))
/
#
A
(
08/28/2018
06/08/2016
6H352&RUS
2
-
:
9
#
9
#
3
9
9
#
,
+
:&
+
&
9
&
$
"
#
&
0"
:
8"% /
08/28/2018
Page 1 of 5
SAFETY DATA SHEET
EMERGENCY CALL: 1-800-424-9300 (CHEMTREC)
1.IDENTIFICATION
PRODUCT NAME: Alligare FLUMIGARD SC Herbicide
DESCRIPTION: A liquid herbicide
EPA Reg. No.: 81927-78
COMPANY IDENTIFICATION:
Alligare, LLC
1565 5th Avenue
Opelika, AL 36801
2. HAZARD IDENTIFICATION
WARNING
Suspected of damaging fertility or the unborn child (H361)
Very toxic to aquatic life with long lasting effects (H400+H410)
HAZARD CLASSIFICATION
Health Hazard Category Physical Hazards Category
Reproductive toxicity 2 None --
Environmental Hazards Category
Hazardous to the aquatic environment, short-term (acute) 1
Hazardous to the aquatic environment, long-term (chronic) 1
HAZARDS NOT REQUIRING CLASSIFICATION
Do not mix or allow coming in contact with oxidizing agents. Hazardous chemical reaction may occur.
PRECAUTIONARY STATEMENTS
Do not handle until all safety precautions have been read and understood. (P202)
Wear protective clothing as described in Section 8 of this document. (P280)
IF exposed or concerned: Get medical advice / attention. (P308+P313)
Avoid release to the environment in a manner not in accordance with the product label. Collect spillage.
(P273+P391)
Store locked up. (P405)
Dispose of contents / containers at an approved waste disposal plant in accordance with local, State and
Federal regulations. Refer to the product label for specific disposal instructions. (P501)
3. COMPOSITION / INFORMATION ON INGREDIENTS
Common Name Chemical Name CAS # Composition
Flumioxazin 2-[7-Fluoro-3,4-dihydro-3-oxo-4-(2-propynyl)-2H-1,4-benzoxazin-6-
yl]-4,5,6,7-tetrahydro-1H-isoindole-1,3(2H)-dione 103361-09-7 42.0%
Propylene glycol 1,2-propanediol 57-55-6 <6.0%
Note: Ingredients not precisely identified are proprietary or non-hazardous. Values are not product specifications.
4. FIRST AID MEASURES
Have the product container or label with you when calling a poison control center or doctor, or going for
treatment. You may also contact 1-800-424-9300 for emergency medical treatment information.
IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy
to do. Continue rinsing. If eye irritation persists: Get medical advice /attention.
IF ON SKIN OR CLOTHING: Take off contaminated clothing. Wash with soap and water. Get medical
attention if irritation or symptoms develop.
IF INHALED: Move person to fresh air. If symptoms develop, get medical advice.
R
Page 2 of 5
5. FIREFIGHTING MEASURES
Fire and Explosion Hazards: May thermally decompose in fire releasing irritating and toxic gasses.
Extinguishing Medium: Foam, dry extinguishing media, CO2, water spray or fog.
Fire Fighting Instructions: Evacuate area of all unnecessary personnel and fight fire from a safe distance
upwind. Contain contaminated water / firefighting water; do not allow to enter drains or waterways. Foam
or dry chemical fire extinguishing systems are preferred to prevent environmental damage from excessive
water runoff.
Fire Fighting Equipment: Firefighters should be equipped with self-contained positive pressure breathing
apparatus and full bunker gear.
Hazardous Combustion Products: Thermal decomposition may produce gases such as fluorine
compounds and oxides of carbon and nitrogen.
NFPA Ratings: Health – 1 / Flammability – 1 / Reactivity - 0
6. ACCIDENTAL RELEASE MEASURES
Personal Precautions: Isolate area and keep unnecessary and unprotected personnel from entering.
Wear suitable personal protective clothing and equipment as described in Section 8 of this document.
Small Spills: Absorb using sand, vermiculite or other inert absorbent. Place contained material in
appropriate container for disposal.
Large Spills: Dike spillage and recover and retain as much free liquid as possible for reuse. Pick up
remainder with suitable absorbent material. Place into suitable containers for reuse or disposal in a licensed
facility. After removal, thoroughly clean contaminated area with a detergent slurry, absorb and sweep into
container for disposal. Decontaminate tools and equipment following cleanup.
7. HANDLING AND STORAGE
Handling: Avoid breathing spray mist. Avoid contact with skin, eyes, or clothing. Wash hands before
eating, drinking, chewing gum, using tobacco or using the toilet.
Storage: Keep pesticide in original container. Store in a cool, dry, secure place. Do not put formulation
or dilute spray solution into food or drink containers. Do not contaminate food or foodstuffs. Do not store
or transport near feed or food. Not for use or storage in or around the home.
8. EXPOSURE CONTROLS / PERSONAL PROTECTION
Engineering Controls: Facilities storing or utilizing this material should be equipped with an eyewash
station and a safety shower.
Exposure guidelines:
Component
OSHA ACGIH
Unit TWA STEL TWA STEL
Flumioxazin Not established Not established Not established Not established
Propylene glycol 10 (WEEL) Not established Not established Not established mg/m3
Protective Clothing: Wear long-sleeved shirt and long pants, shoes, socks, and chemical resistant gloves
made of any waterproof material.
General: Follow manufacturer’s instructions for cleaning/maintaining PPE. If no such instructions for
washables exist, use detergent and hot water. Keep and wash PPE separately from other laundry. Remove
clothing/PPE immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing. Remove
PPE immediately after handling this product. Wash the outside of gloves before removing. As soon as
possible, wash thoroughly and change into clean clothing.
Page 3 of 5
9. PHYSICAL AND CHEMICAL PROPERTIES
Appearance: opaque off-white liquid
Odor: mildly sweet
Melting / Freezing point: not determined
Boiling Point / Boiling Range: not determined
Flammability: not flammable
Flammability Limits (upper/lower): not determined
Flash Point (closed cup): not determined
Auto-ignition Temperature: not determined
Decomposition Temperature: not determined
pH: 6-7 (1% w/w)
Viscosity: non-Newtonian fluid
Water Solubility: soluble in water
Partition coefficient: not determined
Vapor Pressure: not determined
Density: 1.15 g/cm3
9.6 lbs./gal.
Vapor Density: not determined
Particle Characteristics: not determined
10. STABILITY AND REACTIVITY
CONDITIONS TO AVOID: Excessive heat. Do not store near heat or flame.
CHEMICAL STABILITY: Stable under normal use and storage conditions.
INCOMPATIBLE MATERIALS: Strong oxidizing agents such as chlorates, nitrates, and peroxides.
HAZARDOUS REACTIONS: This product is chemically stable. No hazardous reactions if stored and
handled as prescribed/indicated.
HAZARDOUS DECOMPOSITION PRODUCTS: Under fire conditions, may product gases such as fluorine
compounds and oxides of carbon and nitrogen.
HAZARDOUS POLYMERIZATION: Will not occur.
11. TOXICOLOGICAL INFORMATION
The following information is from a substantially similar product:
ORAL TOXICITY (rat LD50): > 5000 mg/kg
DERMAL TOXICITY (rat LD50): > 5000 mg/kg
INHALATION TOXICITY (rat LC50): > 2.10 mg/L (4-hour) (no mortalities)
EYE IRRITATION: Non-irritating
SKIN IRRITATION: Slightly irritating
SKIN SENSITIZATION: Not a contact sensitizer
CARCINOGENICITY:
EPA: Not likely to be carcinogenic to humans (flumioxazin)
ACGIH: Not Listed NTP: Not Listed
IARC: Not listed OSHA: Not Listed
MUTAGENIC TOXICITY: No evidence of mutagenic effects during in vivo or in vitro studies for the active
ingredient.
REPRODUCTIVE TOXICITY / DEVELOPMENTAL TOXICITY / TERATOGENICITY: Reproductive effects
were observed in rats exposed to high levels of flumioxazin technical. Flumioxazin technical produced birth
defects in the offspring of female rats.
OTHER TOXICITY: Compound related effects of flumioxazin technical noted in rats following subchronic
exposures at high dose levels were hematotoxicity including anemia , and increases in liver, spleen, heart,
kidney and thyroid weights. In dogs, the effects produced at high dose levels included a slight prolongation
in activated partial thromboplastin time, increased cholesterol and phospholipid, elevated alkaline
phosphatase, increased liver weights and histological changes in the liver. The lowest no-observable-effect-
level (NOEL) in subchronic studies was 30 ppm in the three-month toxicity study in rats. Repeated
exposures to flumioxazin technical in animals have produced anemia and other blood formation changes,
organ weight changes and changes in blood chemistry. Flumioxazin technical did not produce cancer in
life-time feeding studies in laboratory animals.
Page 4 of 5
12. ECOLOGICAL INFORMATION
Flumioxazin technical is practically non-toxic to bees and avian species. It is slightly to moderately toxic to
freshwater fish and moderately to highly toxic to aquatic invertebrates.
The following information is for the active ingredient, flumioxazin:
Rainbow Trout (96hr LC50): 2.3 mg/L
Daphnia (96hr LC50): >5.5 mg/L
Shrimp (96hr LC50): 0.23 mg/L
Honeybee (contact LC50): 105 µg/bee
Quail/mallard (oral LD50): >2,250 mg/kg
Quail/mallard (dietary LC50): >5,620 ppm
13. DISPOSAL CONSIDERATIONS
Do not contaminate water, food or feed by disposal.
PESTICIDE DISPOSAL: Wastes resulting from the use of this product may be disposed of on site or at an
approved waste disposal facility.
CONTAINER DISPOSAL: Nonrefillable container, do not reuse or refill this container. Refer to product
label for specific container disposal instructions.
14. TRANSPORT INFORMATION
UN Number: UN3082
Proper Shipping Name: Environmentally hazardous substance, liquid, N.O.S. (contains flumioxazin)
Transport Hazard Class: 9
Packing Group: III
Hazard Zone: None
Marine Pollutant: Yes (flumioxazin)1
Hazardous Substance RQ: None
Labels / Placards: US-DOT: Class 9 Environmentally Hazardous Substance2
IMDG, IATA: Class 9 Environmentally Hazardous Substance3
Emergency Guide: 171 (NAERG – North American Emergency Response Guide)
1 Marine Pollutant Note: Ground-only shipments are excluded from Marine Pollutant labeling
requirements as per 49CFR§172.101 Appendix B(4). For any shipments
involving all or part of the transport by vessel, the shipment must be
classified as a Marine Pollutant unless a limited quantity exemption applies
(see note 3 below).
2 US-DOT Note: Not regulated for “ground only” shipments.
3 IMDG / IATA Note: Not regulated for ground only shipments in single or inner packaging ≤ 1.3
gal. (5L).
This information is not intended to convey all specific regulatory or operational requirements/information
relating to this product. Transportation classifications may vary by container volume and may be influenced
by regional or country variations in regulations. Additional transportation system information can be
obtained through an authorized sales or customer service representative. It is the responsibility of the
transporting organization to follow all applicable laws, regulations and rules relating to the transportation of
the material.
Page 5 of 5
15. REGULATORY INFORMATION
FIFRA –
This chemical is a pesticide product registered by the Environmental Protection Agency and is subject to
certain labeling requirements under federal pesticide law. These requirements differ from the classification
criteria and hazard information required for safety data sheets, and for workp lace labels of non-pesticide
chemicals. The following is the hazard information as required on the pesticide label:
PRECAUTIONARY STATEMENTS
HAZARDS TO HUMANS AND DOMESTIC ANIMALS
Harmful if inhaled or absorbed through skin. Causes moderate eye irritation.
See inside label booklet for additional Precautionary Statements and Directions for Use
including Storage and Disposal instructions.
ENVIRONMENTAL HAZARDS
If not used in accordance with directions on the label, this product can be toxic to non -target
plants and aquatic invertebrates. This pesticide is toxic to plants.
PHYSICAL OR CHEMICAL HAZARDS
Do not mix or allow coming in contact with oxidizing agents. Hazardous chemical reaction may
occur.
All pesticides are governed under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The
regulatory information presented below is pertinent only when this product is handled outside of the normal
use and application as a pesticide. This product is excluded from listing requirements under EPA/TSCA.
SARA Title III – Section 302 Extremely Hazardous Substances
Not listed
SARA Title III – Section 311/312 Hazard Categories
Immediate
SARA Title III – Section 312 Threshold Planning Quantity
N/A
SARA Title III – Section 313 Reportable Ingredients
None
CERCLA –
Not listed
CALIFORNIA PROP 65 STATUS –
This product does not contain any chemical known to the state of California to cause cancer or
reproductive harm.
CANADA –
This product has been classified in accordance with the hazard criteria of the Controlled Products
Regulations (CPR) and the SDS contains all of the information required by CPR.
16. OTHER INFORMATION
THIS INFORMATION IN THIS SDS IS BASED ON DATA AVAILABLE AS OF THE REVISION DATE GIVEN HEREIN,
AND BELIEVED TO BE CORRECT. CONTACT ALLIGARE, LLC TO CONFIRM IF YOU HAVE THE MOST CURRENT
MSDS. JUDGMENTS AS TO THE SUITABILITY OF THE INFORMATION HEREIN FOR THE INDIVIDUAL’S OWN
USE OR PURPOSES IS NECESSARILY THE INDIVIDUAL’S OWN RESPONSIBILITY. ALTHOUGH REASONABLE
CARE HAS BEEN TAKEN IN THE PREPARATION OF SUCH INFORMATION, ALLIGARE, LLC EXTENDS NO
WARRANTIES, MAKES NO
REPRESENTATIONS, AND ASSUMES NO RESPONSIBILITY AS TO THE ACCURACY OR SUITABILITY OF SUCH
INFORMATION FOR APPLICATION TO THE INDIVIDUAL’S PURPOSES OR THE CONSEQUENCES OF ITS USE.
This Safety Data Sheet (SDS) serves different purposes than and DOES NOT REPLACE OR MODIFY THE EPA
APPROVED PRODUCT LABELING (attached to and accompanying the product container). This SDS provides
important health, safety, and environmental information for employers, employees, emergency responders and others
handling large quantities of the product in activities generally other than product use, while the labeling provides that
information specifically for product use in the ordinary course.
SDS Version: 2.0 Effective Date: 03/28/2023