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HomeMy WebLinkAboutMEPA comment letter October 28, 2022 Bethany Card, Secretary Executive Office of Energy and Environmental Affairs Attention: MEPA Office Page Czpiga, Aquaculture SRP Request 100 Cambridge Street Boston, Massachusetts 02114 Project Name: Bois Aquaculture Proponent: Joel Bois Location: offshore Pine Island in Lewis Bay, Yarmouth Project Description: Shellfish Aquaculture in Lewis Bay Document Reviewed: Aquaculture Special Review Procedure Request Form EEA File Number: n/a Aquaculture SRP NHESP Tracking No.: 22-41397 Dear Secretary Card, The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the Division) reviewed the Aquaculture Special Review Procedure Request (SRP) Form for the proposed shellfish aquaculture project off Pine Island in Lewis Bay, Yarmouth, MA and would like to offer the following comments. The proposed project site has been mapped as Priority Habitat and Estimated Habitat according to the Massachusetts Natural Heritage Atlas (15th Edition), for state listed Tern species and Piping Plover (Charadrius melodus) a state-listed Threatened species. These species and their habitats are protected pursuant to the Massachusetts Endangered Species Act (M.G.L c. 131A) and its implementing regulations (MESA, 321 CMR 10.00). Rare wetland wildlife is protected pursuant to the rare species provisions of the Massachusetts Wetlands Protection Act regulations (WPA, 310 CMR 10.37). This project requires a direct filing with the Division for compliance with the Massachusetts Endangered Species Act (MESA 321 CMR 10.00). Based on the information contained within the SRP form and in advance of a formal filing pursuant to the MESA, it is anticipated this project could be conditioned to avoid a prohibited Take of state-listed species. The Division anticipates that any state-listed species concerns can be addressed during the MESA review process. The Division will not render a final decision until all required MESA filing materials are submitted by the proponent to the Division. As our MESA review is not complete, no alteration to the soil, surface, or vegetation and no work associated with the proposed project shall occur on the property until the Division has made a final determination. If you have any questions about this letter, please contact Amy Hoenig, Endangered Species Review Biologist, at (508) 389-6364 or Amy.Hoenig@mass.gov. We appreciate the opportunity to comment on this project. Sincerely, Everose Schlüter, Ph.D. Assistant Director cc: Yarmouth Board of Selectmen Yarmouth Conservation Commission Yarmouth Planning Department DEP Southeast Regional Office, MEPA