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HomeMy WebLinkAboutNHESP Comments EversourceMidCape_11-29140_9.23.2022 September 23, 2022 Matthew Devlin Eversource Energy 247 Station Drive Westwood MA 02090 RE: Applicant: Eversource Energy Project Location: Right-of-Way 342 – Bourne Switching Station to West Barnstable Substation (Bourne, Sandwich, Barnstable) Project Description: Construction of a 12.5-mi transmission line and relocation of existing distribution line within ROW 342 NHESP File No.: 11-29140 Dear Mr. Devlin: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) received the MESA Project Review Checklist, site plans (Mid Cape Reliability Project, Transmission and Distribution Line Permitting Map Set, dated 8/19/2022) and other required materials for review pursuant to the Massachusetts Endangered Species Act (MESA) (MGL c.131A) and its implementing regulations (321 CMR 10.00). The project includes ±0.19ac of tree removal adjacent to the Bourne Switching Station, relocation of existing distribution lines within the ROW, creating “bump outs” of the existing access roads to accommodate the proposed new transmission poles, and temporary pull pad areas. The Applicant has conducted botanical surveys and ongoing Eastern Box Turtle surveys on ROW 342, in order to refine impacts and avoidance measures. The Division notes that Eversource has minimized permanent habitat impacts 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). The Division has determined that this Project, as currently proposed, will occur within the actual habitat of a suite of state-listed lepidoptera species and the state-listed species listed below. These species and their habitats are protected in accordance with the MESA. Scientific Name Common Name Taxonomic Group Status Anstromus vociferous Eastern Whip-poor-will Bird Special Concern Circus hudsonius Northern Harrier Bird Threatened Dichanthelium scabrusculum Rough Panic-grass Plant Threatened Liatris novae-agliae New England Blazing Star Plant Special Concern NHESP No. 11-29140, Mid Cape Reliability Project, Page 2 Terrapene carolina Eastern Box Turtle Reptile Special Concern Based on the information provided and the information contained in our database, the Division finds that a portion of this project, as currently proposed, will not result in a Take of Eastern Whip-poor-will, Northern Harrier, Rough Panic-grass, and state-listed lepidoptera species Based on the information provided and the information contained in our database, the Division finds that a portion of this project, as currently proposed, must be conditioned in order to avoid a prohibited Take of Eastern Box Turtle and New England Blazing Star (321 CMR 10.18(2)(a)). To avoid a prohibited Take of state-listed species, the following conditions must be met: 1. Turtle Protection Plan: A Division-approved qualified biologist shall implement the Eastern Box Turtle Protection Plan (dated 8/26/2022). Any changes to this Plan must be pre-approved by the Division in writing. 2. Plant Avoidance: Prior to the initiation of work or as otherwise approved by the Division, a qualified Division-approved botanist shall submit written confirmation to the Division that temporary symbolic flagging has been installed at the Rare Plant Avoidance Areas as shown on the site plans. Said symbolic fencing shall be maintained throughout construction. 3. Use of native species: All plants and seed mixes shall be composed of Little Bluestem (Schizachyrium scoparium) and/or species native to Nantucket County and Massachusetts in accordance to The Vascular Plants of Massachusetts: A County Checklist First Revision (Dow Cullina, M, B Connolly, B Sorrie, and P Somers. 2011. MA NHESP DFW). Available from Massachusetts state archive: http://archives.lib.state.ma.us/bitstream/handle/2452/120973/ocn747431427.pdf?sequence=1 4. Compliance Report: Within thirty (30) days of completion of work the Applicant shall submit a brief written report, including photographs showing previous and final conditions, and demonstrating compliance. Provided the above-noted 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 Lauren Glorioso, Endangered Species Review Biologist, at 508-389-6361 or lauren.glorioso@mass.gov. NHESP No. 11-29140, Mid Cape Reliability Project, Page 3 Sincerely, Everose Schlüter, Ph.D. Assistant Director cc: Mike Howard, Epsilon Associates Michelle Ford, Eversource Energy