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HomeMy WebLinkAboutNHESP LetterSeptember 26, 2024 Joseph Jenkins Bluff Point 1999 Trust Number 2 116 Flanders Road Westborough, Massachusetts 01581 Barnstable Conservation Commission 200 Main Street Barnstable, MA 02601 RE: Applicant: Joseph Jenkins, Bluff Point 1999 Trust Number 2 Project Location: 128 Bluff Point Drive Project Description: Removal and Installation of Fiber Rolls, Sand Nourishment, Replace Access Stairs DEP Wetlands File No.: 003-6212 NHESP File No.: 24-18840 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 Division has determined that this Project, as currently proposed, will occur within Priority Habitat and Estimated Habitat for the following species: Scientific Name Common Name Taxonomic Group State Status Special ConcernBirdCommon TernSterna hirundo 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 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. 24-18840NHESP No.Page 2 of 3 Issued September 26, 2024 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 Emily Holt, Endangered Species Review Assistant, at Emily.Holt@mass.gov, (508) 389-6385. Sincerely, Jesse Leddick Assistant Director cc: Attachment: List of Conditions 24-18840NHESP No.Page 3 of 3 Issued September 26, 2024 List of Conditions Applicant: Joseph Jenkins, Bluff Point 1999 Trust Number 2 Project Location: 128 Bluff Point Drive Project Description: Removal and Installation of Fiber Rolls, Sand Nourishment, Replace Access Stairs NHESP File No.: 24-18840 Heritage Hub Form ID: RC-87332 Approved Plan: PLOT PLAN # 128 BLUFF POINT DRIVE - PLAN OF PROPOSED BANK STABILIZATION Plan date: AUGUST 23, 2024 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.Time of Year Restriction. To protect state-listed species and their habitats, work associated with the project shall not occur during the period May 1 – September 30. 2.Authorization Duration: This authorization is valid for 5 years from the date of issuance. Work may be completed during this 5-year period in compliance with the conditions herein. 3.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.