HomeMy WebLinkAboutNHESP comment 4.10.23
April 10, 2023
Great Island Homeowners Association, Inc
1100 Great Island Road
West Yarmouth MA 02673
RE: Applicant: Great Island Homeowners Association, Inc.
Project Location: Great Island Road Causeway
Project Description: After-the-fact filing for emergency dune nourishment
NHESP File No.: 21-39941
Dear Commissioners & Applicant:
The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries &
Wildlife (the “Division”) received a MESA Project Review Checklist with supporting documentation for
review of the after-the-fact emergency dune nourishment project pursuant to the MA Endangered
Species Act Regulations (321 CMR 10.18). The Division also received a copy of an Enforcement Order
issued by the Yarmouth Conservation Commission relative to the rare wildlife species section of the
Massachusetts Wetlands Protection Act Regulations (310 CMR 10.37). The application materials detail
that on December 23, 2022 and January 7, 2023, an approximate total of ±418 cubic yards of
nourishment was placed for the protection of Great Island causeway in response to storm damage.
The project area is delineated as Priority Habitat and Estimated Habitat for the Piping Plover (Charadrius
melodus) and Least Tern (Sternula antillarum), species state-listed as “Threatened” and “Special
Concern”, respectively. These species and their habitats are protected pursuant to the MESA and rare
wetland wildlife habitat is protected in accordance with the rare species provisions of the WPA. The
Piping Plover is federally protected as “Threatened” pursuant to the U.S. Endangered Species Act (ESA,
50 CFR 17.11). Fact sheets for state-listed species can be found at www.mass.gov/nhesp. Piping Plovers
and Least Terns are small 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. Piping Plover chicks are not capable
of flight for 25-30 days after hatching, and during this period they must feed themselves with parents in
attendance, often ranging widely to forage during this period of rapid growth.
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 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.
Upon filing for renewal, extension, or amendment of the Orders of Conditions, the applicant shall
NHESP No. 21-3941, Page 2
contact the Division for written response regarding impacts to Resource Area habitat of state-listed
wildlife.
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 will not result in a prohibited Take of
state-listed rare species. The property owner has the responsibility of protecting breeding Piping
Plovers and state-listed species of terns that may occur on this section of beach. Therefore, regular
monitoring for the presence of Piping Plovers and terns by a qualified shorebird monitor, as determined
by the Division, during the period April 1 – August 31 must be allowed as well as the protection of any
nests, scrapes, or unfledged chicks with symbolic fencing (warning signs and twine fencing).
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 (508) 389-6385.
Sincerely,
Everose Schlüter, Ph.D.
Assistant Director
cc: MA DEP Southeast Region
Craig Fleming, General Manager