HomeMy WebLinkAboutNHESP Letter
October 25, 2022
Barnstable Conservation Commission
200 Main Street
Hyannis, MA 02601
Christian Camp Meeting Association
39 Prospect Ave
Centerville MA 02632
RE: Applicant: Christian Camp Meeting Association
Project Location: 915 Craigville Beach Road, Centerville
Project Description: Redistribute Wind Blown Sand Under Buildings to Coastal Beach
DEP Wetlands File No: 003-6036
NHESP File No.: 05-18948
Dear Conservation Commission & Applicant:
The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries &
Wildlife (the “Division”) received a Notice of Intent (NOI) and site figure titled “CONSERVATION PLAN
PROPOSED SAND RELOCATION PROJECT” (dated September 19, 2022) prepared by Environmental Consulting &
Restoration, LLC with project description submitted in compliance with the rare wildlife species section
of the Massachusetts Wetlands Protection Act (WPA) 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 (MESA) Regulations (321 CMR 10.18).
The Division has determined that the proposed project is located within the actual habitat Piping Plover
(Charadrius melodus), a species state-listed as “Threatened”. This species and its habitats are protected
pursuant to the MESA and rare wetland wildlife habitat is protected pursuant to the WPA. The Piping
Plover is also 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 a nest 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 purpose of the Division’s review of the proposed project under the WPA regulations is to determine
whether the project will have any adverse effects on the Resource Areas Habitats of state-listed species.
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.
NHESP No. 05-18948, Page 2
WETLANDS PROTECTION ACT (WPA) & MASSACHUSETTS ENDANGERED SPECIES ACT (MESA)
Based on the information provided and the information contained in our database, it is the opinion of
the Division that this project, as currently proposed, must be conditioned in order to avoid adverse
effects to the Resource Area Habitats of state-listed wildlife species (310 CMR 10.37) and must be
conditioned in order to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). The
following conditions must be met to protect state-listed species and their habitats:
1. Time of Year Restriction. To avoid impacts to state-listed nesting shorebirds, redistribution or
relocation of sand shall not occur during the period of April 1 – August 31.
2. Sand Relocation/Redistribution. Sand shall be evenly distributed at a grade not steeper than
10 horizontal: 1 vertical (reduced grades, e.g., 15H:1V are approved).
3. State-listed Species Protection. The property owner and or applicant have the responsibility of
protecting breeding Piping Plovers and state-listed species of terns that may be on this section
of beach. Therefore, the property owner must allow regular monitoring for the presence of
Piping Plovers and terns 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).
4. Authorization Duration. This authorization is valid for 5 years from the date of issuance and
limited to the project described herein.
5. Notice. Upon filing for renewal, extension, or amendment of the Orders of Conditions, the
applicant shall contact the Division for written response regarding impacts to the Resource Area
habitats of state-listed wildlife.
Provided these conditions are included in any approving Orders of Conditions issued by the
Conservation Commission, and the applicant complies with all the above noted conditions, the project
will not result in an adverse impact to the resource area habitats of state-listed wildlife species pursuant
to the WPA and will not result in a prohibited Take pursuant to the MESA. A copy of the final Order of
Conditions shall be sent to the NHESP simultaneously with the applicant as stated in the Procedures
section of the WPA (310 CMR 10.05(6)(e)).
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 determination is valid for five
years. This project may be subject to further review if no physical work is commenced within five years
from the date of issuance, 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 Amy Hoenig, Endangered Species Review
Biologist, at (508) 389-6364.
NHESP No. 05-18948, Page 3
Sincerely,
Everose Schlüter, Ph.D.
Assistant Director
cc: MA DEP Southeast Region
Cameron Larson, Environmental Consulting & Restoration, LLC