HomeMy WebLinkAboutNHESP Letter
June 1, 2022
Barnstable Conservation Commission
200 Main Street
Hyannis MA 02601
Hans van Lingen
Park City Wind LLC
125 High Street, 6th Floor
Boston MA 02110
RE: Applicant: Hans van Lingen, Park City Wind LLC
Project Location: Onshore landing at Craigville Beach or Covell’s Beach, Barnstable;
Offshore Edgartown, Nantucket & Barnstable
Project Description: New England Wind Connecter 1
DEP Wetlands File No.: 003-5992
NHESP File No.: 17-37398
Dear Commissioners & Applicant:
On May 2, 2022, the Natural Heritage & Endangered Species Program of the Massachusetts Division of
Fisheries & Wildlife (the “Division”) received a Notice of Intent (NOI), Piping Plover Protection Plan, and
“HDD LANDFALL DRILLPATHS” 6 sheets dated (Nov. 3, 2021) with supporting materials in compliance with
the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations (WPA; 310
CMR 10.37). The Division previously reviewed a MESA Project Review Checklist for the project and a
determination pursuant to the MA Endangered Species Act Regulations (MESA; 321 CMR 10.18) was
issued on April 1, 2022 (included as Attachment L to the NOI).
New England Wind Connector 1 (the “Project”), as proposed, includes the installation of two offshore
export cables with an onshore landing at Craigville Beach (or Covell’s Beach), Barnstable. The Division
has determined that portions of this Project will occur within the Priority Habitat and Estimated Habitat
for state-listed species. On-shore portions of the Project will occur within the mapped habitat of the
Piping Plover (Charadrius melodus) a species state-listed as Threatened, whereas near-shore portions of
the Project will occur within the mapped habitat of the Least Tern (Sternula antillarum; Special
Concern), Common Tern (Sterna hirundo; Special Concern, and Roseate Tern (Sterna dougallii;
Endangered). These species and their habitats are protected in accordance with the MESA as well as the
rare species provisions of the WPA. Fact sheets for state-listed species can be found at
www.mass.gov/nhesp. The Piping Plover and Roseate Tern are also federally protected as Threatened
and Endangered, respectively, 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.
NHESP No. 17-37389, 6/1/2022, Page 2
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.
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 the 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:
1. State-listed Species Protection: To avoid impacts to Piping Plovers and their habitats during the
nesting season, April 1 – August 31, all work and activities associated with the Project shall
follow the protection measures and procedures outlined in the Piping Plover Protection Plan
(the “Protection Plan”) unless otherwise approved in writing by the Division. The Protection Plan
and conditions detailed below must be implemented to protect Piping Plovers and their
habitats:
a) Work associated with the hydraulic directional drilling (HDD) cable installation shall not
commence during April 1 – August 31. HDD work initiated in advance of April 1 may
continue provided the Protection Plan is fully implemented.
b) If equipment access on Craigville Beach or Covell’s Beach is required for any reason
during April 1 – August 31, in advance of equipment access, notification and the
proposed monitoring procedures to be undertaken by the shorebird monitor must be
provided to the Division for review and written approval.
c) The Division reserves the right to require supplemental or enhanced monitoring, as
necessary, to protect Piping Plovers and their habitats during the nesting season. Results
from the Pre-Mobilization Plover Survey and or subsequent surveys will be used to
inform the decision.
d) Any changes to the Protection Plan must be requested in writing at least two weeks
prior to the anticipated implementation of said changes for review and written approval
by the Division.
e) If Piping Plovers are disturbed by the work, as determined by the qualified shorebird
monitor, then all work shall cease and notification must be provided to the Division.
2. Limit of Work: As detailed in NOI and supporting documents, cable installation will be achieved
by Horizontal Directional Drill (HDD) staged in the existing paved parking area with connection
point seaward of Craigville Beach or Covell’s Beach. Any changes to the proposed work or any
additional work beyond that detailed in the MESA filing and supporting materials will require
additional review and written approval from the Division.
3. Compliance Report: Within sixty (60) days of completion of work, the Applicant shall submit a
brief written report including photographs showing final constructed conditions with particular
emphasis on demonstrating compliance with the Conditions herein.
4. 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
habitats of state-listed wildlife and whether additional conditions may be required.
NHESP No. 17-37389, 6/1/2022, Page 3
5. Authorization Duration. This authorization is valid for five (5) years from the date of issuance.
Work associated with the Project may be completed at any time during this 5-year period, in
compliance with the conditions required herein. Thereafter, the Applicant must re-file for
review pursuant to the MESA.
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 Division 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 Amy.Hoenig@mass.gov or (508) 389-6364.
Sincerely,
Everose Schlüter, Ph.D.
Assistant Director
cc: MA DEP Southeast Region
Holly Johnson, Epsilon Associates, Inc.
Jack Vaccaro, Epsilon Associates, Inc.
Mark Ells, Barnstable Town Manager