HomeMy WebLinkAboutNHESP Letter_24-18703
April 17, 2025
Barnstable Conservation Commission
200 Main Street
Hyannis, MA 02601
Griffin Beaudoin
Town of Barnstable
382 Falmouth Road
Barnstable, MA 02601
Applicant: Griffin Beaudoin
Project Location: Various – 19 dredge sites & 9 beach nourishment locations, Barnstable
Project Description: Barnstable Comprehensive Dredging and Beach Nourishment Project
DEP Wetlands File No.: 003-6259
NHESP Tracking No.: 24-18703
Heritage Hub Form ID: RC-93431
RE: Notice that additional information is required to take further action on your streamlined
application for review pursuant to the WPA (321 CMR 10.37) and MESA (321 CMR 10.18).
Dear Commissioners & Applicant:
The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the
“Division”) received a Notice of Intent with site plans titled “TOWN OF BARNSTABLE, MA COMPREHENSIVE DREDGING
& BEACH NOURISHMENT PROJECT DEPARTMENT OF PUBLIC WORKS” (52 sheets, dated 6/27/2024, prepared by Foth) in
compliance with the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations
(310 CMR 10.37). The Division also received the MESA Review Checklist and supporting documentation for
review pursuant to the MA Endangered Species Act Regulations (321 CMR 10.18).
STATE-LISTED SPECIES
The Division has determined that this Project, as currently proposed, will occur within the habitat of the
following species:
Scientific Name Common Name Taxonomic Group MESA Status
Charadrius melodus Piping Plover Vertebrate Animal Threatened
Sternula antillarum Least Tern Vertebrate Animal Special Concern
Sterna hirundo Common Tern Vertebrate Animal Special Concern
Sterna dougallii Roseate Vertebrate Animal Endangered
State-listed species and their habitats are protected in accordance with the MESA and rare wetland wildlife
habitat is protected pursuant to rare species provisions of the WPA. The Piping Plover and Roseate Tern are
federally protected as Threatened and Endangered, respectively, pursuant to the U.S. Endangered Species Act
(ESA, 50 CFR 17.11).
NHESP No. 24-18703, Page 2
MA WETLANDS PROTECTION ACT (WPA) & MA ENDANGERED SPECIES ACT (MESA)
The purpose of the Division’s review of the proposed project under the WPA regulations is to determine
whether the project will have any adverse effects on the Resource Area Habitats of state-listed species. The
purpose of the MESA review is for the Division to determine whether a Take of state-listed species will result
from the proposed project. Under 321 CMR 10.18(1), the Division is required to notify the Record Owner of
the property where the project is proposed within 30 days whether the submitted application contains the
information required to be submitted to the Division pursuant to 321 CMR 10.20, including the applicable
review fee. The Division also has the authority under 321 CMR 10.20 to require an applicant to provide
additional information beyond the minimum information specified therein.
This letter is to inform you that the Division has reviewed the materials submitted with your combined
application under the WPA (310 CMR 10.37) and MESA (321 CMR 10.18) regulations and has determined that
additional information is required in order for the Division to complete its review pursuant thereto, as specified
below:
1. Ownership Interest or Landowner Assent: The project proposes work, equipment access, and staging
across multiple properties. The Applicant must provide information sufficient to demonstrate that the
Applicant is either the Record Owner, as defined in 321 CMR 10.02, for each property upon which the
project is proposed or is a person authorized in writing from the Record Owner to submit the MESA
filing. Sufficient information must include a written instrument or recorded deed demonstrating that
the Applicant holds legal or equitable interest, right or title to said property, or written authorization
from the Record Owner. The Division cannot locate sufficient documentation for Millway Beach/Blish
Point Nourishment.
2. Site Plan: Sheet 39 of 52 depicts profile transects for Dead Neck Beach. A transect depicting Dead Neck
Beach Extension was not provided. Additionally, a transect depicting the wider nourishment template
for Dead Neck Beach was not provided or, if provided and labeled “Typical Profile A’ Dead Neck Beach
– Breached Area”, the location for the transect is unclear. Further, this depicts a “typical profile” of
6H:1V slope presumably on the seaward side of the dune. This is not a slope that is typically approved
by the Division in nesting habitat for state-listed species. The plan will need to be modified to utilize a
slope appropriate for maintaining important nesting habitat at Dead Neck (e.g., 10H:1V, 15H:1V, etc.).
a. Dewatering The narrative identifies dewatering locations are anticipated although none are
presented on the site plans. Please identify anticipated locations for temporary dewatering
structures on the plan or otherwise define placement and scope.
3. State-listed Species Protection and Management: The Applicant and or property owner have the
responsibility of protecting state-listed species that utilize the subject beaches. Additionally, the
Applicant has the responsibility of protecting breeding Piping Plovers and tern species that may be
attracted to habitat enhancement such as beach nourishment. For sites within Barnstable that do not
have a Division-approved Beach Management Plan (e.g., Long Beach, Loop Beach, etc.) the following
information must be provided:
a. Protection & Management Measures: Prepare a narrative describing maintenance and
management activities, nourishment frequency, any seasonal grading or raking, use of
equipment or vehicles, state-listed species protection measures, entity responsible for
monitoring and management of state-listed species and their habitats, and identifies threats
to state-listed species resulting from recreational use (e.g., fires, fireworks, trash, kites,
kiteboarding, pets, etc.) and demonstrates how this site is managed in accordance with the
Guidelines for Managing Recreational Use of Beaches to Protect Piping Plovers, Terns and
Their Habitats in Massachusetts (Massachusetts Division of Fisheries and Wildlife, 1993).
NHESP No. 24-18703, Page 3
After receiving the above information, the Division will continue its review of the proposed project for
compliance with the MESA and the rare species provisions of the WPA. The Division reserves the right to
request additional information to understand the potential impacts of the proposed project on state-listed
species and their habitats.
No work or other activities related to your filing may be conducted anywhere on the project site until the
Division completes its review.
If you have any questions about this letter, please contact Amy Hoenig, Senior Endangered Species Review
Biologist, at Amy.Hoenig@mass.gov.
Sincerely,
Jesse Leddick
Assistant Director
cc: Jimmy Hill, Foth Infrastructure & Environment, LLC
MA DEP Southeast Region, Wetlands Section