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HomeMy WebLinkAboutNHESP commentJune 04, 2024 Dewey & Margaret Awad Dewey J Awad 2007 Irrevocable Family Trust 75 Cart Path Road Weston, Massachusetts 02493 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth Yarmouth, MA 02664 RE: Applicant: Dewey & Margaret Awad, Dewey J Awad 2007 Irrevocable Family Trust Project Location: 911 & 921 Great Island Road Project Description: Beach Nourishment DEP Wetlands File No.: 083-2437 NHESP File No.: 24-18473 Dear Commissioners and Applicant: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) received a Notice of Intent 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 this Project, as currently proposed, will occur within the actual habitat of the following species: Scientific Name Common Name Taxonomic Group State Status ThreatenedBirdPiping PloverCharadrius melodus 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). Piping Plovers 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 . Nests for this species are 24-18473NHESP No.Page 2 of 3 Issued June 04, 2024 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. 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 Emily Holt, Endangered Species Review Assistant, at Emily.Holt@mass.gov, (508) 389-6385. Sincerely, Jesse Leddick Assistant Director cc: Attachment: List of Conditions 24-18473NHESP No.Page 3 of 3 Issued June 04, 2024 List of Conditions Applicant: Dewey & Margaret Awad, Dewey J Awad 2007 Irrevocable Family Trust Project Location: 911 & 921 Great Island Road Project Description: Beach Nourishment NHESP File No.: 24-18473 Heritage Hub Form ID: RC-85854 Approved Plan: TOPOGRAPHIC SITE PLAN PROPOSED BEACH SEDIMENT NOURISHMENT - 911 GREAT ISLAND ROAD WEST YARMOUTH, MA Plan date: October 5, 2023 Revised Date: 04/23/24, prepared by Cape Cod Engineering , Inc. 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.Time of Year Restriction: Work associated with the nourishment project shall not be conducted during the period April 1 – August 31, unless otherwise approved in writing by the Division. 2.State-listed Species Protection: The applicant has the responsibility of protecting breeding Piping Plovers should they utilize this section of beach. The applicant must allow regular monitoring for the presence of Piping Plovers by a qualified shorebird monitor, as determined by the Division, during the period April 1 – August 31 and shall allow any nests, scrapes, or unfledged chicks to be protected with symbolic fencing (warning signs and twine fencing). 3.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. Thereafter, the Applicant must re-file pursuant to the MESA. 4.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.