HomeMy WebLinkAbout20240430 NHESP Barnstable _23-4196_04302024
April 30, 2024
Mark Ells, Town Manager
Town of Barnstable
367 Main Street
Barnstable MA 02601
RE: Applicant: Mark Ells, Barnstable Town Manager
Project Location: Sandy Neck Beach
Project Description: Sandy Neck Beach Long-Term Coastal Resiliency Project – Relocation of
Parking Facilities and Gatehouse
NHESP File No.: 23-4196
Dear Applicant:
The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife
(the “Division”) received the April 2024 Notice of Intent for Sandy Neck Beach Long-Term Coastal
Resiliency Project submitted in compliance with the rare wildlife species section of the Massachusetts
Wetlands Protection Act Regulations (310 CMR 10.37).
Based on a review of the information provided and the information currently contained in our database,
the proposed project will occur within mapped Priority Habitat and Estimated Habitat of the following
species:
Scientific Name Common Name Taxonomic Group State Status
Charadrius melodus Piping Plover Bird Threatened*
Sternula antillarum Least Tern Bird Special Concern
Sabatia kennedyana Plymouth Gentian Plant Special Concern
Malaclemys terrapin Northern Diamond-backed Terrapin Reptile Threatened
Scaphiopus holbrookii Eastern Spadefoot Amphibian Threatened
State-listed species and their habitats are protected in accordance with the MESA. *The Piping Plover is
federally protected as “Threatened” pursuant to the U.S. Endangered Species Act (ESA, 50 CFR 17.11).
WETLANDS PROTECTION ACT (WPA)
The purpose of the Division’s review under the WPA regulations is to determine whether the project will
have any adverse effects on the Resource Area Habitats of state-listed species. Based on the information
provided and the information contained in our database the Division has determined that the Sandy Neck
Beach Long-Term Coastal Resiliency Project, as currently proposed must be conditioned in order to avoid
adverse effects to the Resource Area Habitats of Piping Plover (310 CMR 10.37). To avoid adverse effects
to the Resource Area Habitats of Piping Plover, the following conditions must be met.
NHESP No. 23-4196,
Sandy Neck Beach Long-Term Coastal Resiliency Project, Barnstable, Page 2
1. Time of Year Restriction. Work located upon the coastal beach and seaward face of the dune
(including dune restoration) shall not occur during the shorebird breeding period April 1 – August
31, unless otherwise approved in writing by the Division.
Provided this condition is fully implemented and included in any final approving Orders of Conditions, the
project will not result in an adverse impact to the Resource Area Habitats of Piping Plover. We ask that
the Conservation Commission send a copy of the final Order of Conditions, approving or denying the
project, to the Division simultaneous with the applicant. 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)
On July 21, 2023, the Division issued a determined pursuant to the MESA (321 CMR 10.18(2)(b)) that the
Sandy Neck Beach Long-Term Coastal Resiliency Project will result in a prohibited Take of Eastern
Spadefoot (Scaphiopus holbrookii). Projects resulting in a Take of state-listed species may only be
permitted if they meet the performance standards for a Conservation and Management Permit (CMP; 321
CMR 10.23). The Applicant is required to obtain a CMP from the Division prior to initiating any work on
the proposed project.
No soil or vegetation disturbance, work, clearing, grading or other activities related to the subject filing
shall be conducted anywhere on the project site until the MESA permitting process is complete. 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, Senior Endangered Species Review
Assistant, at Amy.Hoenig@mass.gov.
Sincerely,
Jesse Leddick
Assistant Director
Cc: Nina Coleman, Town of Barnstable Marine & Environmental Affairs Department
Amber Unruh, Town of Barnstable
Leslie Fields, Woods Hole Group, Inc.
Steve Riberdy, Goddard Consulting LLC