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HomeMy WebLinkAboutNHESP LetterDecember 12, 2025 Sara Grady Mass Audubon 137 Bartlett Road Plymouth, Massachusetts 02360 Barnstable Conservation Commission 230 South Street Hyannis, MA 02601 RE: Applicant: Sara Grady, Mass Audubon Project Location: Barnstable Great Marsh (2450, 1452 Main Street, 89 Shepards Way) Project Description: Salt Marsh Restoration DEP Wetlands File No.: 003-6335               NHESP Tracking No.:      25-19716 Dear Commissioners and Applicant: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) received a Notice of Intent with site plans entitled "Barnstable Great Marsh Restoration Project" (dated 5/6/2025) in compliance with the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.37). The Division also received a request to review the project plans and supporting documentation pursuant to the Massachusetts Endangered Species (MESA) (MGL c.131A) and its implementing regulations (321 CMR 10.00). PROJECT DESCRIPTION (the “Project”)  The project, as currently proposed, restores 76.5 acres of salt marsh wetland through 15,072 feet of ditch remediation, 3,384 feet of runnels, and 2,000 square feet of high marsh micro-habitat mounds, enhancing habitat for rare wildlife and resilient coastal ecosystems. MA 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 25-19716NHESP No.Page 2 of 3December 12, 2025 Issued issuance of an Order of Conditions. This determination addresses only the matter of state-listed rare wetland wildlife habitat. Notice, Wetland Protection Act Filings: 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. MA ENDANGERED SPECIES ACT  The Plan is approved by the Division provided the following conditions are implemented:  1) Saltmarsh Sparrow (Ammospiza caudacuta) Protective Measures: a) No project work (including, but not limited to ditch remediation/microtopography creation, runnel construction, or mowing) shall occur between May 15 and August 15 of any year in order to protect Saltmarsh Sparrow breeding habitat. b) Alternatively, work may occur under the direct oversight of a Division-approved qualified biologist implementing a Division-approved Saltmarsh Sparrow Monitoring and Protection Plan. 2) Northern Diamond-backed Terrapin (Malaclemys terrapin) Protective Measures: a) Efforts should be made to avoid implementing ditch remediation or mowing of ditches during the period of August 15-October 15 in any year in order to protect post -emergent hatchlings using the ditches as nursery habitat. b) If ditch remediation or mowing of ditches must occur during this window it shall be under the direct oversight of a Division-approved qualified biologist implementing a Division-approved Northern Diamond-backed Terrapin Protection Plan. If applicable, any materials submitted to the United States Fish & Wildlife Service (USFWS) in pursuit of or in compliance with ESA 50 CFR 17.11, shall also be submitted to the Division in writing at the same time they are submitted to USFWS. Based on a review of the information provided, the Division has determined that the project as proposed in the Plan is exempt pursuant to 321 CMR 10.14 which states: “[t]he following Projects and Activities shall be exempt from the requirements of 321 CMR 10.18 through 10.23…” (15) the active management of State-listed Species habitat, including but not limited to mowing, cutting, burning, or pruning of vegetation, or removing exotic or invasive species, for the purpose of maintaining or enhancing the habitat for the benefit of rare species, provided that the management is carried out in accordance with a habitat management plan approved in writing by the Division and; Any changes to the proposed project or any additional work beyond that shown on the project plans may require a filing with the Division pursuant to the MESA. 25-19716NHESP No.Page 3 of 3December 12, 2025 Issued Please note that this determination addresses only the matter of state-listed species and their habitats. If you have any questions about this letter, please contact Nik Gualco, Endangered Species Review Biologist, at nikolis.a.gualco@mass.gov. Sincerely, Jesse Leddick Assistant Director cc: