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HomeMy WebLinkAboutNHESP LetterDecember 23, 2025 Gerry Sverdlin 16 Fairmont Way Quincy MA 02169 Barnstable Conservation Commission 230 South Street Hyannis, MA 02601 RE: Applicant: Gerry Sverdlin Project Location: 1031 West Main Street, Barnstable (Long Pond) Project Description: Seasonal dock and stairway replacement; vegetation management within the Buffer Zone DEP Wetlands File No.: 003-6328 NHESP File No.: 25-19943 Heritage Hub Form ID: RC-96408 Dear Commissioners and Applicant: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) received a Notice of Intent in compliance with the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.59). 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). The Division has determined that this Project, as currently proposed, will occur within the actual habitat of the following species: Scientific Name Common Name Taxonomic Group State Status Special ConcernPlantRedrootLachnanthes caroliniana Special ConcernPlantTerete ArrowheadSagittaria teres Special ConcernPlantPlymouth GentianSabatia kennedyana This/These species and their habitats are protected in accordance with the rare species provisions of the WPA and the MESA. NHESP No.25-19943 Page 2 of 4December 23, 2025 Issued Wetlands Protection Act (WPA) 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, 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. Massachusetts Endangered Species Act (MESA) The MESA is administered by the Division, and prohibits the Take of state-listed species. The Take of state-listed species is defined as “in reference to animals…harm…kill…disrupt the nesting, breeding, feeding or migratory activity…and in reference to plants…collect, pick, kill, transplant, cut or process…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 species (321 CMR 10.02). Based on the information provided and the information contained in our database, the Division finds that this project, as currently proposed, must be conditioned to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). To avoid a prohibited Take of state-listed species, the conditions attached to this letter must be met. Provided the attached conditions are fully implemented and there are no changes to the project plans, this project will not result in a Take of state-listed species. We note that all work is subject to the anti-segmentation provisions (321 CMR 10.16) of the MESA. 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. 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 Misty-Anne Marold, Endangered Species Review Biologist, at misty-anne.marold@mass.gov. Sincerely, Jesse Leddick Assistant Director cc:Gerry Sverdlin Anna Meschansky Roy Okurowski Barnstable Conservation Commission NHESP No.25-19943 Page 3 of 4December 23, 2025 Issued DEP Southeast Region Attachment: List of Conditions NHESP No.25-19943 Page 4 of 4December 23, 2025 Issued List of Conditions Applicant: Gerry Sverdlin Project Location: 1031 West Main Street, Barnstable (Long Pond) Project Description: Seasonal dock and stairway replacement; vegetation management within the Buffer Zone NHESP File No.: 25-19943 Heritage Hub Form ID: RC-96408 Approved Plan: 1031 WEST MAIN STREET Centerville, MA Proposed Seasonal Dock and Stairway Repair Plan date: August 30, 2025 (no revisions, sheet 1 of 1, prepared by WRS Engineering LLC) Revised Date: N/A To avoid a prohibited Take of state-listed species, the following condition(s) must be met: 1.Authorization Duration: This authorization is valid for 5 years from the date of issuance. Work may be completed at any time during this 5-year period in compliance with the conditions herein. Thereafter, the Applicant must re-file pursuant to the MESA. 2.Use of Native Species: Unless otherwise approved in writing by the Division, all seed and plantings no thereafter maintained as lawn shall be native to Barnstable County, Massachusetts, as provided in The Vascular Plants of Massachusetts: A County Checklist, First Revision (Dow Cullina, Connolly, Sorrie & Somers, 2011). 3.Restoration or Stabilization: The Division does not approve of the planting of state-listed plant species, even if the seeds are sourced outside of Massachusetts. Please carefully review seed mixes at the time of purchase as the specific composition and mixes change within a year (https://www.mass.gov/info-details/list-of-endangered-threatened-and-special-concern-species#plants). 4.Herbicide, Direct Application: The Vegetation Management Proposal (dated September 10, 2025, ECR) specifies that "All herbicide use will be completed by a licensed herbicide applicator in compliance with manufacturer guidelines. No foliar spraying of herbicide is proposed as part of this management plan ." This authorization allows herbicide application by cut-and-paint, glove wipe, foliar painting and other method of direct application methods. If the project wishes to include broadcast or indirect foliar spraying, fogging or the like, additional review by the Division is required and may include the requirement to conduct field survey for state-listed plants. Surveys for state-listed plants must be conducted after review and approval of a protocol.