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Home My WebLink AboutNHESP LetterJune 13, 2024 Town of Mashpee c/o Rodney Collins 15 Great Neck Road North Mashpee MA 02649 Barnstable Conservation Commission 200 Main Street Barnstable, MA 02601 Mashpee Conservation Commission 16 Great Neck Rd., North Mashpee, MA 02649 RE: Applicant: Town of Mashpee c/o Rodney Collins Project Location: Portions of Approach, Inner, & 1916 Channels within Barnstable Waters Project Description: Maintenance Dredging (Approach, Inner, & 1916 Channels) within Barnstable Waters as part of Mashpee 10-Year Comprehensive Dredging & Disposal Project DEP Wetlands File No.: 003-6191 NHESP File No.: 24-18379 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 Notice of Intent and MESA applications identify that the project includes the maintenance dredging of the Approach, Inner, & 1916 Channels located within Barnstable Waters, channels maintained as part of Mashpee 10-Year Comprehensive Dredging & Disposal Project. The sections of the channels located within Mashpee waters and associated beneficial reuse of dredge sediments have been reviewed by the Division pursuant to the MESA and rare species provisions of the WPA (NHESP #16-35320). The current application includes only channel maintenance dredging located within Barnstable waters as all beneficial reuse is located within the Town of Mashpee. The Division has determined that this Project, as currently proposed, will occur within the mapped habitat of the following species: 24-18379NHESP No.Page 2 of 4 Issued June 13, 2024 Scientific Name Common Name Taxonomic Group State Status ThreatenedBirdPiping PloverCharadrius melodus Special ConcernBirdCommon TernSterna hirundo Special ConcernBirdLeast TernSternula antillarum EndangeredBirdRoseate TernSterna dougallii State-listed species and their habitats are protected in accordance with the MESA and state -listed rare wildlife habitats are protected pursuant to the rare wetland wildlife 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. Based on the information provided and the information contained in our database, it is the opinion of the Division that 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. 24-18379NHESP No.Page 3 of 4 Issued June 13, 2024 Sincerely, Jesse Leddick Assistant Director cc:Rodney Collins, Town of Mashpee Barnstable Conservation Commission Mashpee Conservation Commission DEP Southeast Region Attachment: List of Conditions 24-18379NHESP No.Page 4 of 4 Issued June 13, 2024 List of Conditions Applicant: Town of Mashpee c/o Rodney Collins Project Location: Portions of Approach, Inner, & 1916 Channels within Barnstable Waters Project Description: Maintenance Dredging (Approach, Inner, & 1916 Channels) within Barnstable Waters as part of Mashpee 10-Year Comprehensive Dredging & Disposal Project NHESP File No.: 24-18379 Heritage Hub Form ID: RC-85571 Approved Plan: TOWN OF MASHPEE COMPREHENSIVE DREDGING & DISPOSAL PROJECT Plan date: 04/29/24, 9 SHEETS, prepared by BSC GROUP, INC Revised Date: N/A 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.Dredge Limits of Work: The project includes dredging portions of the Approach, Inner and 1916 navigation channels that occur within the Town of Barnstable and maintained as part of the Mashpee 10-Year Comprehensive Dredging & Disposal Project. No work or alteration to the soil, surface, or vegetation shall occur outside of the limits of work shown on the site plan unless otherwise approved in writing in advance by the Division. 2.Beach or Dune Nourishment: All beneficial reuse of dredge sediments as beach or dune nourishment including dewatering or associated activities (e.g., staging, grading, equipment access or pipe storage) shall be conducted in accordance with the Division's MESA authorization for the Town of Mashpee Comprehensive Dredging & Disposal Project (#16-35320, valid through 9/30/2025). 3.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. 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 habitat of state-listed wildlife.