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HomeMy WebLinkAboutNHESP Letter RC-55084June 16, 2023 Griffin Beaudoin Town of Barnstable 382 Falmouth Road Hyannis MA 02601 Barnstable Conservation Commission 200 Main Street Barnstable, MA 02601 RE: Applicant: Griffin Beaudoin, Town of Barnstable Project Location: Cotuit Bay and Dead Neck Project Description: Cotuit Bay Entrance and Embayment Channel Maintenance Dredging Project with nourishment on DNSI DEP Wetlands File No.: 003-6100 NHESP File No.: 23-1183 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 10.37). 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). 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 ConcernBirdLeast TernSternula antillarum ThreatenedBirdPiping PloverCharadrius melodus State-listed species and their habitats are protected in accordance with the MESA and rare wetland wildlife is protected pursuant to the rare species provisions of the WPA . 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 23-1183NHESP No.Page 2 of 4 Issued June 16, 2023 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 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, 10.58(4)(b), 10.59) and must be conditioned in order to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). To avoid adverse effects to the Resource Area Habitats and to avoid a prohibited Take of state-listed species, the conditions attached to this letter must be met. 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)). 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 Emily Holt, Endangered Species Review Assistant , at Emily.Holt@mass.gov, (508) 389-6385. Sincerely, Everose Schlüter, Ph.D. Assistant Director cc:Mike Egan, Three Bays Preservation, Inc. Griffin Beaudoin Barnstable Conservation Commission DEP Southeast Region Attachment: List of Conditions 23-1183NHESP No.Page 3 of 4 Issued June 16, 2023 List of Conditions Applicant: Griffin Beaudoin, Town of Barnstable Project Location: Cotuit Bay and Dead Neck Project Description: Cotuit Bay Entrance and Embayment Channel Maintenance Dredging Project with nourishment on DNSI NHESP File No.: 23-1183 Heritage Hub Form ID: RC-55084 Approved Plan: Cotuit Bay 8' Entrance Channel & 10' Embayment Channel Maintenance Dredging Project Plan date: 5/10/2023 (4 sheets, prepared by FOTH) Revised Date: N/A To avoid adverse effects to the Resource Area Habitats and to avoid a prohibited Take of state-listed species, the following condition(s) must be met: 1.Time of Year Restriction: Beach nourishment, dewatering, and associated activities (e.g., staging, grading and equipment access) shall not occur during the period April 1 – August 31, to protect breeding shorebird species. 2.Beach Nourishment: Beneficial reuse of dredged material shall be placed in accordance with the Project Narrative and Plans. a. Slope: As proposed, all nourishment shall have a maximum slope of 10H:1V. b. Plantings & Sand Fence. Vegetation shall not be planted, and sand fencing shall not be erected in areas of beach nourishment, unless otherwise approved in writing by the Division. 3.State-listed Species Protection: The applicant has the responsibility of protecting breeding Piping Plovers and state-listed species of terns that may be attracted to beach nourishment areas, as well as their eggs and unfledged chicks. The applicant must ensure a Division -approved monitoring and protection plan is implemented at this beach nourishment site for a period of five consecutive years following any nourishment activity. a. Prior to the start of work, the applicant shall provide written notification to the Division regarding the arrangements that have been made for state -listed species monitoring and protection at this site. This notification may include a written contract, memorandum of agreement, or some other formal written agreement or acknowledgement with the individual (s) or organization that will undertake monitoring and protection efforts in the field. This notification should also clarify the role of the Applicant, existing Permit Holder(s), or other parties, as appropriate. b. Each year, beginning April 1, a qualified shorebird monitor, approved by the Division, shall determine whether territorial, courting, or nesting Piping Plovers or state-listed species of terns are present at beach nourishment areas and if so, shall erect and maintain warning signs and symbolic fencing to protect nesting habitat, breeding adults, nests, and chicks from disturbance or human-caused mortality. These fenced areas shall be managed in accordance with the Massachusetts Division of Fisheries and Wildlife document of April 1993 titled Guidelines For Managing Recreational Use Of Beaches To Protect Piping Plovers, Terns, And Their Habitats In Massachusetts. c. At minimum, monitoring shall occur at least 2 times per week until at least July 1. However, if Piping Plovers or terns are found to be using the site , then monitoring frequency shall be increased to at least 3 times per week, and shall continue until all nesting and brood-rearing activity has been completed. A report shall be submitted to the Division each year that summarizes the results of the state-listed species monitoring and site protection activities. 23-1183NHESP No.Page 4 of 4 Issued June 16, 2023 4.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. 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 Resource Area habitat of state-listed wildlife.