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HomeMy WebLinkAboutSE83-2231 Order of ConditionsWPA FORM 5-ORDER OF CONDITIONS SPECIAL CONDITIONS -PAGE 10C OF 12 SE83-2231, Riviera Beach LTD Partnership 327 South Shore Drive, Yarmouth MA b. All equipment, vehicles (non -emergency) and beach rakes shall not travel within 100 yards of unfledged Piping Plover chicks, unless qualified monitor is able to locate and track all unfledged chicks and guide the vehicle. 3) Beach Raking: To protect state -listed species, any raking during April or May can only occur if a qualified monitor, as determined by the Division, first has determined the locations of all territorial birds and those territories have been fenced and are excluded from raking so as not to deter pre -nesting birds. During April 1 - May 15, the area used for beach recreation may be raked up to once per week for litter and public safety purposes. If state -listed nesting birds are present during April 1 — August 31, then raking should occur as infrequently as possible, it must be conducted outside of fenced areas and in accordance with the Guidelines. If, due to imminent health or human safety concerns, mechanized cleaning must occur within 100 yards of unfledged chicks, vehicles must be guided by a qualified shorebird monitor who has first determined the locations of all unfledged chicks. Trash within fenced areas occupied by beach -nesting birds should only be removed if it presents a hazard for birds or people. It must be removed by hand. Removal should be conducted by, or under the immediate supervision of, a qualified shorebird monitor who has first determined the locations of all nests and unfledged chicks. a. For the benefit of beach -nesting birds, from April 1 through August 31, mechanical beach cleaning that reduces the amount of wrack (seaweed and other organic debris) at the tide line should be minimized. If wrack is present in typical volumes and does not contain much human trash or present a health risk, it should be left in place. Trash within the wrack line must be removed by hand whenever feasible, leaving in place the majority of the wrack. If copious amounts of wrack present a health risk or are a public nuisance that necessitates removal, leave in place at least one-third of the fresh wrack from a normal tidal cycle to provide foraging and sheltering opportunities for shorebirds. 4) Beach Nourishment: a. Time of Year Restriction: Beach nourishment shall not be deposited upon the coastal beach or dune during the period of April 1 — August 31, to protect state -listed coastal birds. b. Slope: All beach nourishment shall be placed at a maximum steepness (slope) of 10H:1V. Nourishment placed at a reduced slope (e.g. 15HAV) is approved. 5) Authorization Duration. This authorization is valid for 5 years from the date of issuance and limited to the project described herein. 6) 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. Any other Project or Activity not identified in the streamlined Notice of Intent application and located within Priority Habitat and Estimated Habitat as indicated in the Massachusetts Natural Heritage Atlas (14th Edition) must be submitted to the Division for review and written approval prior to implementation.