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Home My WebLink AboutNHESP November 16, 2022 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Cynthia Richards Great Island Homeowners’ Association 1100 Great Island Road Yarmouth, MA 02673 RE: Applicant: Cynthia Richards, Great Island Homeowners’ Association Project Location: off Great Island Road Project Description: Beach and Dune Nourishment along Great Island Road DEP Wetlands File No.: 083-2359 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 Notice of Intent dated (09/19/2022) with site plans titled “PROPOSED SHORELINE STABILIZATION AND MANGEMENT PLAN, GREAT ISLAND H.O.A. GREAT ISLAND, YARMOUTH MA (DATED JUNE 14, 2021, REVISION #3 DATE: NOVEMBER 9, 2022), prepared by Foth Infrastructure & Environment, LLC (“PLAN”) in compliance with the rare wildlife species section of the Massachusetts Wetlands Protect ion 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 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 in accordance with the rare species provisions of the WPA and the MESA. 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 a nest 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. 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. Great Island Shoreline Stabilization and Management Plan , NHESP No. 21-39941, Page 2 of 3 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. As described in the filing, the Great Island Shoreline Stabilization and Management Plan is a long-term plan anticipated to have two main components to enhance resiliency at the site. The current component is identified as Phase 1 and includes restoration of ±3,400 linear feet of beach and dune that includes: Area 1 - dune width and dune crest elevation (to elev. 10 NAVD 88) enhancement along a ±2,600 linear foot of shoreline with compatible nourishment, and Area 2 - dune width and dune crest elevation (to elev. 10 NAVD 88) with Fox Point with a cobble core (along ±730 linear feet) fronted by compatible sand nourishment. From the dune crest, Area 1 and Area 2 both include a seaward nourishment slope of 10H:1V slope to Mean Low Water. Phase 2 is anticipated to include roadway modifications or improvements to Great Island Road which would be the subject of a future filing pursuant to the Massachusetts Endangered Species Act (and Wetlands Protection Act, as appropriate). WETLANDS PROTECTION ACT (WPA) & MASSACHUSETTS ENDANGERED SPECIES ACT (MESA) 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) and must be conditioned in order to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). The following conditions must be met to protect state-listed species and their habitats: 1. Time of Year Restriction. Beach nourishment and associated activities (e.g., staging, equipment access, planting) shall not occur during the period April 1 – August 31, to protect breeding shorebird species. 2. Nourishment. All beach and dune nourishment and dune planting shall be placed in accordance with the PLAN. a. Slope: As proposed, all nourishment slopes shall conform to the PLAN. The seaward slope of nourishment will implement 10H:1V from the dune crest to Mean Low Water. Modifications to the proposed slope must be approved in writing by the Division. b. Plantings. As proposed, all beach grass plantings shall conform to the PLAN. Modifications to the proposed plantings must be approved in writing by the Division. 3. State-listed Species Protection. The applicant has the responsibility of protecting breeding Piping Plovers and state-listed species of terns that may be attracted to nourishment areas, as well as their eggs and unfledged chicks. The applicant must implement a Division-approved monitoring and protection plan for all areas of nourishment for a minimum of three consecutive years following any nourishment activity. a. Each year, beginning April 1, a qualified shorebird monitor, approved by the Division, shall determine whether territorial, courting, or nesting Piping Plovers or state -listed species of terns are present at beach nourishment areas and if so, shall erect and maintain warning signs and symbolic fencing to protect nesting habitat, breeding adults, nests, and chicks from disturbance or human-caused mortality. These fenced areas shall be managed in accordance with the Massachusetts Division of Fisheries and Wildlife document of April 1993 titled Guidelines For Managing Recreational Use Of Beaches To Protect Piping Plovers, Terns, And Their Habitats In Massachusetts. Great Island Shoreline Stabilization and Management Plan , NHESP No. 21-39941, Page 3 of 3 b. Monitoring shall occur at least 2 times per week until at least July 1. However, if Piping Plovers or terns are found to be using the site, then monitoring frequency shall be increased to at least 3 times per week, and shall continue until all nesting and brood - rearing activity has been completed. A report shall be submitted to the Division each year that summarizes the results of the state-listed species monitoring and site protection activities. 4. Authorization Duration . This authorization is valid for 5 years from the date of issuance. Work may be completed at any time during this 5-year period in compliance with the conditions herein. Subject to Division review and approval, the applicant may renew this determination for an additional five (5) year period (10 years total) provided a written request is submitted to the Division prior to the expiration of this determination. Thereafter, the applicant shall re-file under the MESA. 5. 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. Provided these conditions are included in any approving Orders of Conditions issued by the Conservation Commission, and the applicant complies with all the above noted 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)). We note that all work is subject to the anti-segmentation provisions (321 CMR 10.16) of the MESA. 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 determination is valid for five years. This project may be subject to further review if no physical work is commenced within five years from the date of issuance, 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 Amy Hoenig, Endangered Spe cies Review Biologist, at (508) 389-6364. Sincerely, Everose Schlüter, Ph.D. Assistant Director cc: MA DEP Southeast Region Meredith Avery, VHB