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HomeMy WebLinkAboutMassDEP Response to Comments_DEP File No. SE 003-6175 55 Walkers Brook Drive, Suite 100, Reading, MA 01867 Tel: 978.532.1900 Offices in: MA, CT, NH, VT, NY, NJ, PA, SC & FL westonandsampson.com April 9, 2024 Massachusetts Department of Environmental Protection Southeast Regional Office Attn: Ms. Amy Walkey 20 Riverside Drive Lakeville, MA 02347 Submitted via email to Amy.Walkey@mass.gov Re: Response to MassDEP Comments – Mary Dunn Well 4 Replacement Project in Barnstable, MA (DEP File No. SE 003-6175) Dear Ms. Walkey: In response to the comments issued by MassDEP on April 4, 2024 for the Mary Dunn Well 4 Replacement Project NOI submitted by the Town of Barnstable Department of Public Works, Weston & Sampson is providing a written response to comments. MassDEP has issued one comment on the project, which is included in italics below, along with a response in bold font. Portion of the project site appears to be located within an Estimated Habitat of Rare Wildlife as designated by the Natural Heritage and Endangered Species Program (NHESP), and as such a copy of this NOI with site plans must be sent to NHESP per 310 CMR 10.37. Based on our review of the 15th Edition Natural Heritage Atlas (2021), the project appears to be located only within areas of Priority Habitat for Rare Species as designated by the Natural Heritage and Endangered Species Program (NHESP), and not within mapped Estimated Habitat of Rare Wildlife. No work is proposed within mapped Estimated Habitat (see Figure 4, attached). Per 310 CMR 10.37 “If a project is within estimated habitat which is indicated on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife (if any) published by the Natural Heritage and Endangered Species Program (hereinafter referred to as the Program), a fully completed copy of the No tice of Intent (including all plans, reports, and other materials required under 310 CMR 10.05(4)(a) and (b)) for such project shall be sent to the Program …” Due to the proposed work only occurring within Priority Habitat, the applicant has coordinated with NHESP through the Massachusetts Endangered Species Act (MESA) on a previously submitted Notice of Intent (DEP File No. SE3-5722). The project previously filed a Project Review Checklist under the Massachusetts Endangered Species Act and received a conditional No Take determination from NHESP for the work (NHESP Tracking No. 15-34400). If you have any questions regarding this submittal, please do not hesitate to contact me at 978-548-6251. Very truly yours, WESTON & SAMPSON Page 2 Offices in: MA, CT, NH, VT, NY, NJ, PA, SC & FL westonandsampson.com Rhianna Sommers, PWS Project Environmental Scientist CC: Barnstable Conservation Commission Mike Tieu, Barnstable Department of Public Works Mike Warner, Weston & Sampson