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HomeMy WebLinkAboutNHESP LetterSeptember 11, 2025 Griffin Beaudoin Town of Barnstable 367 Main Street Hyannis MA 02601 Barnstable Conservation Commission 230 South Street Hyannis, MA 02601 RE: Applicant: Griffin Beaudoin, Town of Barnstable Project Location: 307 Millway Road Project Description: Barnstable Harbor Mid-Entrance Channel and Blish Point Boat Ramp Maintenance Dredging Project DEP Wetlands File No.: 003-6296 NHESP File No.: 25-19681 Heritage Hub Form ID: RC-95304 Plan Reviewed: TOWN OF BARNSTABLE, BARNSTABLE HARBOR "MID-ENTRANCE CHANNEL AND BLISH POINT BOAT RAMP ACCESS CHANNEL MAINTENANCE DREDGING PROJECT" Plan date, signed May 29, 2025, prepared by Foth 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 signed May 29, 2025, prepared by Foth, revised date N/A) 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). PROJECT DESCRIPTION Maintenance dredging of the Barnstable Harbor Mid -Entrance Channel and Boat Ramp Access Channel to the previously authorized depths via mechanical dredging. Material removed from the access channel will be utilized for at an approved upland disposal facility or offshore at the Cape Cod Bay Disposal Site. 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 NHESP No.Page 2 of 225-19681 September 11, 2025 Issued Division has determined that this project, as currently proposed, will not adversely affect the actual Resource Area Habitat of state-protected rare wildlife species. Therefore, it is our opinion that this project meets the state-listed species performance standard for the issuance of an Order of Conditions. Please note that this determination addresses only the matter of rare wildlife habitat and does not pertain to other wildlife habitat issues that may be pertinent to the proposed project. When filing for any 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 provided and the information that is currently contained in our database, the Division has determined that this project, as currently proposed, will not result in a prohibited Take of state-listed rare species. This determination is a final decision of the Division of Fisheries and 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 Emily Holt, Endangered Species Review Assistant, at Emily.Holt@mass.gov, (508) 389-6385. Sincerely, Jesse Leddick Assistant Director cc:Priscilla Geigis, MA DCR DEP Southeast Region Maddy Goggin