HomeMy WebLinkAboutWPA/MESA Determination LetterApril 01, 2024
Diana Gerbereux
Whistleberry Residents Association
PO Box 850
Marstons Mills, Massachusetts 02648
Barnstable Conservation Commission
200 Main Street
Barnstable, MA 02601
RE: Applicant: Diana Gerbereux, Whistleberry Residents Association
Project Location: 100 Waters Edge
Project Description: Repair wooden walkway and deck
DEP Wetlands File No.: 003-6170
NHESP File No.: 24-17274
Heritage Hub Form ID: RC-84347
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 03/14/2024, revised date N/A) in compliance with the
rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.58(4)(b),
10.59). 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).
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.
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. 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
NHESP No.Page 2 of 224-17274 April 01, 2024 Issued
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 Melany Cheeseman, Endangered Species Review Assistant, at
Melany.Cheeseman@mass.gov, (508) 389-6357.
Sincerely,
Jesse Leddick
Assistant Director
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