HomeMy WebLinkAboutNHESP comment24-18952NHESP No.Page 2 of 3 Issued November 12, 2024
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 Determination of Applicability 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 Determination of Applicability 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, Senior Endangered Species Review Biologist,
amy.hoenig@mass.gov
Sincerely,
Jesse Leddick
Assistant Director
cc:
Attachment: List of Conditions
24-18952NHESP No.Page 3 of 3 Issued November 12, 2024
List of Conditions
Applicant: Avner Schneur
Project Location: 3 Powers Lane
Project Description: Snow Fence
NHESP File No.: 24-18952
Heritage Hub Form ID: RC-89577
Approved Plan: SNOW FENCE DRAWING
Plan date: N/A
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 snow fence installation shall not be conducted during the
period April 1 – August 31.
2.State-listed Species Protection: The applicant has the responsibility of protecting breeding Piping Plovers that
may be on this section of beach. Therefore, 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.