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HomeMy WebLinkAboutNHESP Determination RC-56217_BarnstableAugust 22, 2023 Babcock Holding, LLC 11 Marchant Avenue Hyannis Port, Massachusetts 02647 Barnstable Conservation Commission 200 Main Street Barnstable, MA 02601 RE: Applicant: Project Location: 11 and 27 Marchant Avenue Project Description: Construct revetment connection, replace stairway and platform DEP Wetlands File No.: 003-6097 NHESP File No.: 23-2190 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 ThreatenedBirdPiping PloverCharadrius melodus 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). 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. 23-2190NHESP No.Page 2 of 3 Issued August 22, 2023 Based on the information provided and the information contained in our database, 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 attached 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 Amy Hoenig, Endangered Species Review Biologist, at amy.hoenig@mass.gov Sincerely, Everose Schlüter, Ph.D. Assistant Director cc: Attachment: List of Conditions 23-2190NHESP No.Page 3 of 3 Issued August 22, 2023 List of Conditions Applicant: Project Location: 11 and 27 Marchant Avenue Project Description: Construct revetment connection, replace stairway and platform NHESP File No.: 23-2190 Heritage Hub Form ID: RC-56217 Approved Plan: SITE PLAN NOURISHMENT & REVEGETATION AT 11 & 27 MARCHANT AVENUE 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: Work associated with revetment construction and nourishment shall not be conducted during the period April 1 – August 31. 2.Nourishment: The Applicant shall provide compensatory sand nourishment in accordance with the SITE PLAN NOURISHMENT & REVEGETATION AT 11 & 27 MARCHANT AVENUE (1 sheet, dated August 11, 2023, prepared by Sullivan Engineering & Consulting, Inc.). a. Following installation of the revetment, the Applicant is responsible for deposition of ±250 cubic yards (CY) of compatible nourishment distributed overtop the revetment and/or upon the coastal beach. This volume shall be in addition to the sand excavated for the installation of the system. The annual contribution volume of compatible nourishment is equivalent to ±50 cubic yards. c. All nourishment must avoid the shorebird nesting period; therefore, sand shall not be deposited during April 1 – August 31, unless otherwise approved in writing by the Division. 3.State-listed Species Protection: The property owners have the responsibility of protecting breeding Piping Plovers or state-listed species of terns that may be on this section of beach. Therefore, the applicant 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. 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.