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HomeMy WebLinkAboutNHESP commentMarch 12, 2025 Cynthia Richards Great Island Homeowners Association 1100 Great Island Road West Yarmouth, Massachusetts 02673 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth Yarmouth, MA 02664 RE: Applicant: Cynthia Richards, Great Island Homeowners Association Project Location: Great Island Road Project Description: Install Coir Fiber Rolls, Sand Nourishment DEP Wetlands File No.: 083-2464 NHESP File No.: 24-18391 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). PROJECT DESCRIPTION The Project includes installation of a coir fiber roll array with dune nourishment along up to 3,500 feet of an existing roadway, Great Island Road. The proposed array will be installed, only on an as needed basis, along the oceanside of Great Island Road where the dune has eroded to within five (5) feet of the existing roadway. STATE-LISTED SPECIES The Division has determined that this Project will occur within Priority Habitat for the of the following state-listed species: Scientific Name Common Name Taxonomic Group State Status ThreatenedBirdPiping PloverCharadrius melodus Special ConcernPlantNew England Blazing StarLiatris novae-angliae 24-18391NHESP No.Page 2 of 5 Issued March 12, 2025 Special ConcernBirdLeast TernSternula antillarum State-listed species and their habitats are protected in accordance with the MESA and state -listed rare wetland wildlife habitat is protected in accordance with the rare species provisions of the WPA. MA WETLANDS PROTECTION ACT (WPA) and MA ENDANGERED SPECIES ACT (MESA) 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, Senior Endangered Species Review Biologist, at Amy.Hoenig@mass.gov. Sincerely, Jesse Leddick Assistant Director cc: 24-18391NHESP No.Page 3 of 5 Issued March 12, 2025 Attachment: List of Conditions 24-18391NHESP No.Page 4 of 5 Issued March 12, 2025 List of Conditions Applicant: Cynthia Richards, Great Island Homeowners Association Project Location: Great Island Road Project Description: Install Coir Fiber Rolls, Sand Nourishment NHESP File No.: 24-18391 Heritage Hub Form ID: RC-92042 Approved Plan: PROACTIVE NOTICE OF INTENT FOR GREAT ISLAND ROAD USING FIBER ROLLS AND DUNE NOURISHMENT GREAT ISLAND ROAD, YARMOUTH, MA Plan date: 3 SHEETS, dated JANUARY 2025 (01/27/2025) Revised 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 coir installation and maintenance shall not be conducted during the period April 1 – August 31. 2.Coir System Installation: As proposed, the coir system will be installed in phases where the dune has eroded to within five (5) feet of the existing roadway. If additional coastal dune erosion occurs prior to the start of work, then similarly, the stabilization system should be constructed landward to account for the loss of coastal dune. Constructing the system as close to the base of the coastal dune or roadway existing at the time of installation and thence landward, should serve to reduce impacts on the Coastal Beach. 3.State-listed Species Habitat Protection: The applicant has the responsibility of protecting breeding Piping Plovers, state-listed species of terns and their habitats that occur at the project site. Nourishment may enhance habitat and attract coastal nesting birds. The applicant must implement a Division-approved monitoring and protection plan for these nourishment sites for a minimum of three consecutive years following nourishment activity. a. The applicant shall notify the Division on or before March 1 each year or prior to the start of work as to what arrangements have been made for monitoring and site protection to occur. This notification shall include a written contract, memorandum of agreement, or some other formal written agreement with the individual(s) or organization that will undertake monitoring and protection efforts in the field. b. 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. c. 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. 24-18391NHESP No.Page 5 of 5 Issued March 12, 2025 4.Authorization Duration: This authorization is valid for 5 years from the date of issuance. Work associated with the project may be completed during this 5-year period in compliance with the conditions herein. 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.