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HomeMy WebLinkAboutNHESP LetterAugust 01, 2025 Steven D'Angelo One Hundred Three Long Beach Road LLC 151 Grove Street Westwood, MA 02090 Barnstable Conservation Commission 230 South Street Hyannis, MA 02601 RE: Applicant: Steven D'Angelo Project Location: 103 Long Beach Road, Barnstable (Centerville) Project Description: Garage, Porch, plantings and associated landscaping, grading, appurtenances DEP Wetlands File No.: 003-6295 NHESP File No.: 25-19680 Heritage Hub Form ID: RC-95199 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 (dated 7-2-2025, one sheet, prepared by Bracken Engineering Inc) 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). Portions of this property have been delineated as Priority Habitat and Estimated Habitat for the Piping Plover (Charadrius melodus), state-listed as “Threatened”. This species and their habitats are protected pursuant to the MESA and rare wetland wildlife habitat is protected in accordance with the rare species provisions of the WPA . The Piping Plover is federally protected as “Threatened” pursuant to the U .S. Endangered Species Act (ESA, 50 CFR 17.11). Fact sheets for state-listed species can be found at www.mass.gov/nhesp. Piping Plovers are small ground-nesting shorebirds that will establish nests on sparsely vegetated, sandy areas of coastal beaches and dunes. Their nests are comprised of shallow depressions in the sand that may be lined with shell fragments or pebbles. Piping Plovers and their nests are particularly vulnerable to predators, unleashed pets, and human disturbance. Piping Plover chicks are not capable of flight for 25-30 days after hatching, and during this period they must feed themselves with parents in attendance, often ranging widely to forage during this period of rapid growth. The applicant has the responsibility of protecting breeding Piping Plovers that may be on this section of beach. Therefore, the applicant must allow regular monitoring for the presence of Piping Plovers by a qualified shorebird monitor, as determined by the Division, during the period April 1 – August 31 and shall allow any nests, scrapes, or unfledged chicks to be protected with symbolic fencing (warning signs and twine fencing). NHESP No.Page 2 of 325-19680 August 01, 2025 Issued WETLANDS PROTECTION ACT (WPA) The purpose of the Division’s review of the proposed project under the WPA regulations for state-listed rare wetland wildlife is to determine whether the project will occur within the actual Resource Area Habitat and will result in short- or long-term adverse effects to the Resource Area Habitats. Based on a review of the information provided and the information that is currently contained in our database, the Division has determined that this project will not adversely affect the actual Resource Area Habitat of state-listed rare wildlife. Therefore, this project meets the state-listed rare wetland wildlife performance standards for the issuance of an Order of Conditions. This determination addresses only the matter of state-listed rare wetland wildlife habitat. When filing for any Notice of Intent, Request for Determination of Applicability or associated renewal, extension, or amendment of the WPA Orders of Conditions, the Applicant shall contact the Division for written response regarding impacts to Resource Area Habitat of state-listed wildlife. A renewal, extension or amendment of an Order of Conditions does not renew, extend or amend the MESA authorization MASSACHUSETTS ENDANGERED SPECIES ACT (MESA) The MESA is administered by the Division and prohibits the Take of state -listed species, which includes actions that “in reference to animals, means to harass, harm, pursue, hunt, shoot, hound, kill, trap, capture, collect, process, disrupt the nesting, breeding, feeding or migratory activity or attempt to engage in any such conduct, or to assist such conduct, and in reference to plants, means to collect, pick, kill, transplant, cut or process or attempt to engage or to assist in any such conduct. Disruption of nesting, breeding, feeding or migratory activity may result from, but is not limited to, the modification, degradation or destruction of habitat of state-listed wildlife species” (321 CMR 10.02). The purpose of the Division’s review under the MESA regulations is to determine whether a Take of state-listed species will result from the proposed project. Based on a review of the information that was provided and the information that is currently contained in our database, the Division has determined that this Project will not result in a prohibited Take of state-listed rare species. This determination is a final decision of the Division of Fisheries & Wildlife pursuant to 321 CMR 10.18. Any changes to the proposed project or any additional work beyond that shown on the site plans may require an additional filing with the Division pursuant to the MESA. This project may be subject to further review if no physical work is commenced within five years from the date of issuance of this determination, or if there is a change to the project. The authorization for work is valid for 5 years from the date of issuance. Please note that this determination addresses only the matter of state-listed species and their habitats. If you have any questions regarding this letter please contact Devon Harrington, Endangered Species Review Biologist, at devon.a.harrington@mass.gov or 508-389-6354 NHESP No.Page 3 of 325-19680 August 01, 2025 Issued Sincerely, Jesse Leddick Assistant Director cc:Zachary L Basinski, PE, CFM Barnstable Conservation Commission DEP Southeast Region Steven D'Angelo