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HomeMy WebLinkAboutNHESP Letter RC-88727October 29, 2024 Matthew Wrobel Town of Barnstable Department of Public Works 382 Falmouth Road Hyannis, Massachusetts 02601 Barnstable Conservation Commission 200 Main Street Barnstable, MA 02601 RE: Applicant: Matthew Wrobel, Town of Barnstable Department of Public Works Project Location: 670 Ocean Street Project Description: Replace Kalmus Beach Raised Boardwalk DEP Wetlands File No.: 003-6222 NHESP File No.: 24-18946 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 the actual habitat of the following species: Scientific Name Common Name Taxonomic Group State Status Special ConcernBirdLeast TernSternula antillarum ThreatenedBirdPiping PloverCharadrius melodus 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). In Massachusetts, generally, these coastal birds can be found from April – September . Piping Plovers and Least 24-18946NHESP No.Page 2 of 4 Issued October 29, 2024 Terns are ground-nesting shorebirds that will establish nests on sparsely vegetated, sandy areas of coastal beaches and dunes. Their nests are comprised of shallow depressions in the sand that may be lined with shell fragments or pebbles. Piping Plovers, terns and their nests are particularly vulnerable to predators, unleashed pets, and human disturbance. After hatching, Piping Plover and Least Tern chicks are not capable of flight. 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 Emily Holt, Endangered Species Review Assistant, at Emily.Holt@mass.gov, (508) 389-6385. Sincerely, Jesse Leddick Assistant Director cc:Mark Ells, Town of Barnstable DEP Southeast Region 24-18946NHESP No.Page 3 of 4 Issued October 29, 2024 Attachment: List of Conditions 24-18946NHESP No.Page 4 of 4 Issued October 29, 2024 List of Conditions Applicant: Matthew Wrobel, Town of Barnstable Department of Public Works Project Location: 670 Ocean Street Project Description: Replace Kalmus Beach Raised Boardwalk NHESP File No.: 24-18946 Heritage Hub Form ID: RC-88727 Approved Plan: PROPOSED SITE PLAN - BOARDWALK REPLACEMENT - 670 OCEAN STREET HYANNIS VILLAGE BARNSTABLE, MASSACHUSETTS Plan date: 9/26/24, PREPARED BY TOWN OF BARNSTABLE DEPARTMENT OF PUBLIC WORKS 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: Work associated with the boardwalk replacement project shall not be conducted during the period April 1 – August 31. Installation of the Mobi Mat shall not occur during the period of April 1 – August 31, unless conducted under the direct oversight of a qualified shorebird monitor, as determined by the Division, implementing a Division-approved monitoring and protection plan for state-listed shorebirds. 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.