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From:SERO_NOI@mass.gov
To:BOBPERRY@CAPECODENGINEERING.COM; AMY.WALKEY@MASS.GOV
Cc:SERO_NOI@MassMail.state.ma.us; DiRienzo, Brittany; Jerolimo, Joseph
Subject:MassDEP NOI File Number
Date:Tuesday, September 8, 2026 12:03:38 PM
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
SOUTHEAST REGIONAL OFFICE
20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700
Date: 09/08/2026 Municipality YARMOUTH
RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER
The Department of Environmental Protection has received a Notice of Intent filed in accordance with the
Wetlands Protection Act (M.G.L. c. 131, §40):
Applicant FRANCIS O'BRIEN
Address PO BOX 84,WEST SPRINGFIELD MA
Locus 85 MERCHANT AVENUE** , YARMOUTH MA
Owner
Address
This project has been assigned the following file # : SE 083-2553
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT
APPROVAL OF APPLICATION
Although a file # is being issued, please note the following:
ADDITIONAL REQUIREMENTS:
This project proposes a discharge of dredged or fill material into “Waters of the United States” potentially
subject to the federal Clean Water Act. Per the Massachusetts General Permit (MAGP) issued under the
federal Clean Water Act, you may be required to notify the US Army Corps of Engineers, New England
District of this project proposal.
A Chapter 91 license may be required. Application and transmittal forms are available on the MassDEP
website http://www.mass.gov/eea/agencies/massdep/water/approvals/wetlands-and-waterways-forms.html#2.
For additional information, contact MassDEP Waterways Program by email at dep.waterways@mass.gov or
visit https://www.mass.gov/waterways-program-chapter-91.
A 401 Water Quality Certification (WQC) (314 CMR 9.00) may be required for this project. The project
qualifies for 401 Certification under the Army Corps of Engineers General Permit for Massachusetts
(MAGP), provided that the project meets certain conditions outlined in 314 CMR 9.03 and 9.04, and the
conditions under MAGP. WQC information is available at https://www.mass.gov/regulations/314-CMR-9-
401-water-quality-certification and MAGP information is available at
http://www.nae.usace.army.mil/Missions/Regulatory/StateGeneralPermits/MassachusettsGeneralPermit.aspx.
401 WQC applications must now be submitted electronically through EEA’s ePLACE online tool at
https://www.mass.gov/lists/water-quality-certification-forms-massdep. MASSDEP WILL NO LONGER
ACCEPT PAPER APPLICATIONS FOR THESE FILINGS. General instructions and visual EEA ePLACE
step-by-step instructions to assist in submitting your application are available online at
https://www.mass.gov/how-to/ww-10-11-majorminor-fill-and-excavation-projects. and
https://www.mass.gov/how-to/ww-07-08-09-water-quality-certifications-dredging-projects
Your project involves dredging amounts greater than 100 cubic yards of sediment from Land Under Water
and will require a 401 Water Quality Certification (WQC) (314 CMR 9.00). 401 WQC forms are available
online at: https://www.mass.gov/lists/water-quality-certification-forms-massdep.
401 WQC applications must now be submitted electronically using EEA’s ePLACE online tool. MASSDEP
NO LONGER ACCEPTS PAPER APPLICATIONS FOR THESE FILINGS. General instructions and visual
EEA ePLACE step-by-step instructions designed to assist with submitting your application are available
online at: https://www.mass.gov/how-to/ww-07-08-09-water-quality-certifications-dredging-projects
Regards,
for MassDEP,
(857)-283-5930
Amy.Walkey@mass.gov