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HomeMy WebLinkAboutNHESP commentApril 23, 2024 Roby Whitehouse Town of Yarmouth Department of Public Works 1146 Route 28 Yarmouth, MA 02675 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth Yarmouth, MA 02664 RE: Applicant: Roby Whitehouse Project Location: Seagull Beach Road Project Description: Seagull Beach - Town of Yarmouth Beach Management Plan DEP Wetlands File No.: 083-2423 NHESP File No.: 24-17276 Dear Commissioners and Applicant: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) received a Notice of Intent and TOWN OF YARMOUTH BEACH MANAGEMENT PLAN SEAGULL BEACH (dated 2/14/2024 updated 04/22/2024, prepared by the Town of Yarmouth Public Works ) in compliance with the rare wildlife species section of the Massachusetts Wetlands Protection 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 the Seagull Beach Management Plan Activities, as currently proposed, will occur within the actual habitat of the following species: Scientific Name Common Name Taxonomic Group State Status ThreatenedBirdPiping PloverCharadrius melodus Special ConcernBirdLeast TernSternula antillarum State-listed species and their habitats are protected in accordance with the MESA and state -listed rare wildlife habitats are protected pursuant to the rare wetland wildlife provisions of the WPA. The Piping Plover is also protected as a Threatened species pursuant to the U.S. Endangered Species Act (ESA, 50 CFR 17.11). 24-17276NHESP No.Page 2 of 5 Issued April 23, 2024 In Massachusetts, generally, these coastal birds can be found from April – September . Piping Plovers and Least Terns are 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. After hatching, Piping Plover and Least Tern chicks are not capable of flight - 25-30 days for plovers and 21-25 days for terns. During this period unfledged plover chicks will often range widely to either forage or seek shelter. In 1993, the Division published Guidelines for Managing Recreational Use of Beaches to Protect Piping Plovers, Terns, and Their Habitats in Massachusetts (“Guidelines”). The Guidelines contain recommended procedures for managing recreational activities to ensure compliance with the MESA and its implementing regulations. The U.S. Fish & Wildlife Service published similar guidelines in 1994 and issued an amendment in 2015 (“Federal Guidelines”). The April 22, 2024 Town of Yarmouth Beach Management Plan (BMP) for Seagull Beach, includes measures for the protection of state-listed species associated with the operation and management of this beach. 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. 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. 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, 10.58(4)(b), 10.59) and must be conditioned in order to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). To avoid adverse effects to the Resource Area Habitats and to avoid a prohibited Take of state-listed species, the conditions attached to this letter must be met. Provided these conditions are included in any approving Orders of Conditions issued by the Conservation Commission, and the applicant complies with all the attached 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)). 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 Amy Hoenig, Endangered Species Review Biologist, at amy.hoenig@mass.gov. 24-17276NHESP No.Page 3 of 5 Issued April 23, 2024 Sincerely, Jesse Leddick Assistant Director cc:Yarmouth Conservation Commission DEP Southeast Region Roby Whitehouse Attachment: List of Conditions 24-17276NHESP No.Page 4 of 5 Issued April 23, 2024 List of Conditions Applicant: Roby Whitehouse Project Location: Seagull Beach Road Project Description: Seagull Beach - Town of Yarmouth Beach Management Plan NHESP File No.: 24-17276 Heritage Hub Form ID: RC-84417 Approved Plan: TOWN OF YARMOUTH BEACH MANAGEMENT PLAN SEAGULL BEACH Plan date: 2/14/2024 Revised Date: April 22, 2024, prepared by Town of Yarmouth Public Works To avoid adverse effects to the Resource Area Habitats and to avoid a prohibited Take of state-listed species, the following condition(s) must be met: 1.Seagull Beach Management and Operations: To protect state-listed species and their habitats during the shorebird nesting season, during April 1 – August 31 all management and operations located within state-listed species habitats must implement the protection measures detailed in the Beach Management Plan (BMP) unless otherwise expressly approved in writing by the Division.  2.State-listed Species Monitoring & Habitat Protection: The property owner and applicant have the responsibility of protecting breeding Piping Plovers and state-listed species of terns that that occur on this 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 shall be conducted annually. All nests, scrapes, and unfledged chicks must be protected with symbolic fencing (warning signs and twine fencing) installed and maintained by or at the direction of the qualified monitor. Symbolic fencing protects state-listed species nesting habitat, breeding adults, nests, and chicks reducing disturbance and 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 (“Guidelines”). Greater management flexibility for plovers (i.e., deviations from the Guidelines) can only be approved by the Division as part of a valid Certificate of Inclusion (COI) and MESA Conservation and Management Permit (CMP) associated with the Statewide Habitat Conservation Plan (HCP). If the Applicant does not have a valid COI & CMP or if they expire, then recreational use and management must fully comply with the Guidelines and be implemented with the protection measures specified in the BMP. 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, has first 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. 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. a. Initial winter clean-up utilizing mechanical beach rake, equipment, or vehicles must occur prior to April 1. b. When unfledged chicks are on the beach, raking must be conducted with the guidance of a qualified shorebird monitor who has determined the location of unfledged chicks. 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. c. 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. 24-17276NHESP No.Page 5 of 5 Issued April 23, 2024 d. 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.Motorized Equipment: All motorized equipment on the beach during April 1 – August 31 must comply with the (“Guidelines”). a. All use and staging of utility vehicles (for all non-emergency situations), including but not limited to distributing equipment to lifeguard stations and ADA mats, must avoid areas of symbolic fencing. b. All equipment, vehicles (non-emergency) and beach rakes shall not travel within 100 yards of unfledged Piping Plover or Least Tern chicks, unless the qualified monitor is able to locate and track all unfledged chicks. 4.Authorization Duration: This authorization is valid for 5 years from the date of issuance. Pursuant to 321 CMR 10.22, a written request for extension of this determination can be submitted to extend this determination for an additional five (5) year period (10 years total). Extension of the determination is subject to Division review and approval and must be submitted to the Division prior to the expiration of this determination. Thereafter, the applicant shall re-file under the MESA 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.