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HomeMy WebLinkAboutNHESP Barnstable_23-2190 June 15, 2023 Barnstable Conservation Commission  200 Main Street  Hyannis, MA 02601  Babcock Holdings, LLC 11 Marchant Avenue Hyannisport MA 02647 RE: Applicant: Babcock Holdings, LLC Project Location: 11 & 27 Marchant Avenue, Barnstable Project Description: Installation of a Revetment Connection, Stairs & Platform DEP Wetlands File No.: 003-6097 NHESP Tracking No.: 23-2190 Heritage Hub Form ID: RC-56217 Dear Commissioners & 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 MESA Status Charadrius melodus Piping Plover Vertebrate Animal Threatened State-listed species and their habitats are protected in accordance with the MESA and rare wetland wildlife habitat is protected pursuant to rare species provisions of the WPA. The Piping Plover is federally protected as Threatened pursuant to the U.S. Endangered Species Act (ESA, 50 CFR 17.11). MA WETLANDS PROTECTION ACT (WPA) & MA ENDANGERED SPECIES ACT (MESA) This letter is to inform you that the Division has reviewed the materials submitted with your combined application under the WPA (310 CMR 10.37) and MESA (321 CMR 10.18) regulations and has determined that additional information is required in order for the Division to complete its review pursuant thereto, as specified below: 1. Alternatives Analysis: The Applicant must submit an evaluation of alternative methods for stabilization of the coastal bank that includes approaches other than coastal engineering NHESP No. 23-2190, Page 2 structures for protection. After an evaluation of alternative methods of stabilization and if other methods of stabilization are not feasible, then the design of a coastal engineering structure should be evaluated for minimization, including but not limited to lower height or width, shorter length, modified location, landward shift, etc. The design of any coastal engineering structure should avoid and minimize temporary and permanent impacts to the existing coastal resources (e.g., Coastal Bank, Coastal Dune, Coastal Beach, etc.). 2. Sediment Nourishment/Replenishment Plan: A nourishment or replenishment plan should be developed utilizing the most current available information (e.g. CZM transect information, LIDAR, survey or study data, etc.) to determine the annual amount of sand that would no longer be eroded from the Coastal Bank if a revetment is installed at the site. In addition to this calculation, the plan should include methods to monitor beach elevation, erosion, and establish trigger points for additional nourishment events and/or specify an appropriate frequency for renourishment. After receiving the above information, the Division will continue its review of the proposed project for compliance with the MESA and the rare species provisions of the WPA. The Division reserves the right to request additional information to understand the potential impacts of the proposed project on state- listed species and their habitats. No work or other activities related to your filing may be conducted anywhere on the project site until the Division completes its review. If you have any questions about this letter, please contact Amy Hoenig, Endangered Species Review Biologist, at Amy.Hoenig@mass.gov. Sincerely, Everose Schlüter, Ph.D. Assistant Director cc: Cape Beach House LLC MA DEP Southeast Region, Wetlands John O’Dea, Sullivan Engineering & Consulting, Inc.