HomeMy WebLinkAboutNHESP comment
April 6, 2023
Gary Roy
277 Buck Island Road
West Yarmouth MA 02673
Yarmouth Conservation Commission
1146 Route 28
South Yarmouth
Yarmouth MA 02664
RE: Applicant: Gary Roy
Project Location: 277 Buck Island Road
Project Description: Restoration, Removal of Sand Nourishment
DEP Wetlands File No.: 083-2384
NHESP File No.: 17-37116
Dear Commissioners & Applicant:
The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries &
Wildlife (the “Division”) received a Notice of Intent with site plans (dated 28 Dec 2022) in compliance
with the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations (310
CMR 10.59). 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).
WETLANDS PROTECTION ACT (WPA)
Based on a review of the information that was provided and the information that is currently contained
in our database, the Division has determined that this project, as currently proposed, will not adversely
affect the actual Resource Area Habitat of state-protected rare wildlife species. Therefore, it is our
opinion that this project meets the state-listed species performance standard for the issuance of an
Order of Conditions.
Please note that this determination addresses only the matter of rare wildlife habitat and does not
pertain to other wildlife habitat issues that may be pertinent to the proposed project.
MASSACHUSETTS ENDANGERED SPECIES ACT (MESA)
Based on a review of the information that was provided and the information that is currently contained
in our database, the Division has determined that this project, as currently proposed, will not result in a
prohibited Take of state-listed rare species. 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
NHESP No. 17-37116, Page 2
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 (508) 389-6385.
Sincerely,
Everose Schlüter, Ph.D.
Assistant Director
cc: D.Michael Ball, Marsh Matters Environmental
MA DEP Southeast Region