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HomeMy WebLinkAboutNHESP comments 11.14.2024November 14, 2024 George Doble Great Island Ocean Club Homeowners Association 261 Whites Path, Unit 5 South Yarmouth, Massachusetts 02664 RE: Applicant: George Doble, Great Island Ocean Club Homeowners Association Project Location: Great Island Ocean Club, South of Powers Lane Project Description: Beach Raking NHESP File No.: 24-18980 Dear Applicant: The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the “Division”) received the MESA Project Review Checklist and supporting documentation for review pursuant to the Massachusetts Endangered Species Act (MESA) (MGL c.131A) and its implementing regulations (321 CMR 10.00). The MESA is administered by the Division, and prohibits the Take of state-listed species. The Take of state-listed species is defined as “in reference to animals…harm…kill…disrupt the nesting, breeding, feeding or migratory activity…and in reference to plants…collect, pick, kill, transplant, cut or process…Disruption of nesting, breeding, feeding, or migratory activity may result from, but is not limited to, the modification, degradation, or destruction of Habitat” of state-listed species (321 CMR 10.02). The Division has determined that this Project, as currently proposed, will occur within Priority Habitat and Estimated 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. State-listed rare wildlife habitats are also 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 particularly vulnerable to predators, unleashed pets, and human disturbance. Piping Plover chicks are not capable 24-18980NHESP No.Page 2 of 4 Issued November 14, 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. Based on the information provided and the information contained in our database, the Division finds that a portion of this project, as currently proposed, must be conditioned to avoid a prohibited Take of state-listed species (321 CMR 10.18(2)(a)). To avoid a prohibited Take of state-listed species, the conditions attached to this letter must be met. Provided the attached conditions are fully implemented and there are no changes to the project plans, this project will not result in a Take of state-listed species. 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 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 24-18980NHESP No.Page 3 of 4 Issued November 14, 2024 List of Conditions Applicant: George Doble, Great Island Ocean Club Homeowners Association Project Location: Great Island Ocean Club, South of Powers Lane Project Description: Beach Raking NHESP File No.: 24-18980 Heritage Hub Form ID: RC-89580 Approved Plan: SITE PLAN OF LAND IN (WEST) YARMOUTH, MA - PREPARED FOR GREAT ISLAND OCEAN CLUB HOMEOWNERS ASSOC., INC. Plan date: JULY 17, 2019 Revised Date: 9/10/2019 To avoid a prohibited Take of state-listed species, the following condition(s) must be met: 1.State-listed Species Monitoring & Habitat Protection: The property owner has the responsibility of protecting breeding Piping Plovers that that occur on this beach. Therefore, the property owner must ensure 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 is 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”). 2.Beach Raking: To protect state-listed species, raking in April or May can only occur if a qualified monitor, as determined by the Division, first has 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. During April 1 – August 31 if state-listed nesting birds are present, raking should occur as infrequently as possible, in coordination with and/or under the direct oversight of a qualified shorebird monitor, 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. 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. 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 24-18980NHESP No.Page 4 of 4 Issued November 14, 2024 opportunities for shorebirds. 3.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.