HomeMy WebLinkAboutNHESP Letter RC-64739August 10, 2023
George Haseotes
2 Walnut Street
Halifax, Massachusetts 02338
Barnstable Conservation Commission
200 Main Street
Barnstable, MA 02601
RE: Applicant: George Haseotes
Project Location: 309 Long Beach Road
Project Description: Landscaping, Deck & Patio Reconstruction, Driveway, Fencing
DEP Wetlands File No.: 003-6112
NHESP File No.: 23-8386
Heritage Hub Form ID: RC-64739
Dear Commissioners & Applicant:
The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the
“Division”) received a Notice of Intent with site plans (dated March 16, 2023) 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).
Portions of this property have been delineated as Priority Habitat and Estimated Habitat for the Piping Plover
(Charadrius melodus) and Least Tern (Sternula antillarum), species state-listed as “Threatened” and “Special
Concern”, respectively. State-listed species and their habitats are protected in accordance with the MESA and
state-listed rare wetland wildlife habitat is protected pursuant to the rare species provisions of the WPA . The
Piping Plover is also protected as a Threatened species pursuant to the U .S. Endangered Species Act (ESA, 50
CFR 17.11).
Piping Plovers and Least Terns are small ground -nesting shorebirds that will establish nests 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, Terns, and their nests are particularly
vulnerable to predators, vehicles, 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.
NHESP No.Page 2 of 223-8386 August 10, 2023 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. 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.
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)
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 result in a prohibited
Take of state-listed rare species. The property owner has the responsibility of protecting breeding Piping
Plovers and state-listed species of terns that may occur on this section of beach. Therefore, 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 must be allowed as well as the protection of any nests, scrapes, or
unfledged chicks with symbolic fencing (warning signs and twine fencing).
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: